Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Mar 31, 1952

98 N.L.R.B. 966 (N.L.R.B. 1952)

966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director caused an investigation to be made of the
Employer's objections and on February 20, 1952, issued his report.
The Regional Director found that before the election the Petitioner
distributed copies of a sample ballot which contained an "X" marked
in the box under the Petitioner's name and bearing the Regional
Director's name and title directly under the sample ballot. The Re-
gional Director concluded that the Employer's objections raised sub-
stantial and material issues with respect to conduct affecting the re-
sults of the election and recommended that a hearing be held. No
exceptions were filed.
Upon consideration of the objections, the Regional Director's report,
and the entire record in this case, the Board finds that the election
should be set aside, for the reasons fully set forth in The Am-O-Krome
Company, 92 NLRB 893. The Board does not, therefore, consider it
necessary to rule on the other objections raised by the Employer.
Normally the Board will adopt the Regional Director's report on
objections to election where no exceptions are filed to it by any of the
parties. The Board's rule in Am-O-Krome, however, warrants set-
ting the election aside without the necessity of a hearing. As a hear-
ing would serve no useful purpose the Board is not adopting the recom-
mendation of the Regional Director that a hearing be held.
Order
IT IS HEREBY ORDERED that the election held on January 30, 1952, be,
and it hereby is, set aside.
[Text of Direction of Second Election omitted from publication in
this volume.]
KENNECOTT COPPER CORPORATION, RAY DIVISION and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUTFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, LOCAL UNION No. 83, AFL, PETITIONER.
Case No. 21-RC-989. March 31, 1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Leo Fischer, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed?
I One of the intervening unions, International Union of Mine, Mill and Smelter Workers,
herein called the Smelter Workers, moved to dismiss the petition on the grounds that the,
petition is untimely and the unit sought is inappropriate. The hearing officer referred
the motion to the Board . For the reasons stated in paragraphs numbered 3 and 4, re-
spectively, we find these contentions to be without merit . Accordingly , the motion is
,denied.
98 NLRB No. 148.
KENNECOTT COPPER CORPORATION 967
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations 2 involved claim to represent certain
employees of the Employer.
3. The Smelter Workers contends that the petition is untimely
principally because it was filed after a hearing in a prior proceeding
involving employees of the Employer, in which the Petitioner
participated.
In the earlier proceeding,' petitions were filed for a comprehensive
production and maintenance unit and for separate craft units other
than that here sought by the Petitioner. At the consolidated hearing
conducted on November 19 and 20, 1951, the Petitioner was per-
mitted to intervene on the basis of an adequate interest showing and
on November 29, 1951, before the issuance of the Board's Decision
and Direction of Election in that case, filed its petition herein. The
Board, in its prior decision, directed that the ballots of the employees
here involved be impounded pending the disposition of this peti-
tion 4 As the present petition was filed before the issuance of the
Board's previous decision and the conduct of the elections, and was
based, at least in part, on an interest showing obtained before the date
of the previous hearing, we find that the petition was timely filed.5
Accordingly, we find that a question affecting commerce exists con-
cerning the representation of employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a units of all dump truck drivers, flat rack
drivers, fuel truck drivers, grease truck drivers, powder truck drivers,
In addition to the Smelter workers , the following organizations were permitted to
intervene at the hearing on the basis of their interest showings in a prior related proceed-
ing (Kenneeott Copper Corporation , Ray Manes Division , 97 NLRB No . 166) : Inter-
national Association of Machinists , AFL, herein called IAM ; International Brotherhood
of Electrical Workers, Local Union No 314, AFL, herein called IBEW ; International
Union of Operating Engineers , Local Union No. 428, AFL , herein called Operating Engi-
neers ; and International Brotherhood of Boilermakers , Iron Ship Builders and Helpers
of America , Local 627 , AFL, herein called Boilermakers.
3 Kennecott Copper Corporation, supra. By agreement of the parties , the record in that
proceeding was incorporated by reference in the instant case.
4 Elections in the earlier case were held on February 21, 1952, and as directed , all bal-
lots cast by the employees involved herein were challenged and impounded . The chal-
lenged ballots were insufficient in number to affect the results of those elections. We,
therefore , find it unnecessary to order any further disposition of the Impounded chal-
lenged ballots Ravenna Arsenal, Inc, 98 NLRB 1. As a result of those elections,
the IBEW and Operating Engineers were certified as representatives of their respective
craft groups and the Smelter workers was certified as representative of the balance of
the production and maintenance employees.
i See Fairchild Engine and Airplane Corporation , 88 NLRB 99; John F. Jelke Company,
Q8 NLRB 442 ; and J. I Case Company, 81 NLRB 650.
As amended at the hearing
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
water truck drivers, truck servicemen, truck greasemen , truck oilers,,
and tire service and repairmen , at the open pit operations of the
Employer at its Ray Mines in Ray, Arizona, excluding office, clerical,.
and professional employees , guards, watchmen , and supervisors.
The IAM and Smelter Workers contend that the unit sought is
inappropriate because it does not embrace a separate , identifiable
craft group. The Smelter Workers further contends , in effect, that
the employees are properly part of the more comprehensive produc-
tion and maintenance unit which it currently represents . The Oper-
ating Engineers , IBEW, and Boilermakers do not object to the ap-
propriateness of the unit sought . The Employer takes no position
on the question.
The open pit operations are under the over-all supervision of a gen-
eral foreman. Under him is a foreman for each shift who supervises
all operations, including truck, shovel , and drill . The employees
sought by the Petitioner appear to perform the usual duties of their
classifications . Thus, for example , the euclid or dump truck drivers
work with shovel operators during loading operations, driving the
trucks to the shovels and parking them while the shovel operators
fill them with waste or ore, which is then hauled away. The other
trucks are primarily service trucks. The water trucks service drills
and dampen roads to reduce the dust; the fuel truck supplies fuel
for various equipment on the job; and the powder truck hauls blast-
ing powder . The truck greasemen check the oil and lubricate the
trucks.7 There is no interchange of the requested employees with
other plant personnel.
In our opinion, the unit sought by the Petitioner embraces a
homogeneous and identifiable craft group similar to those which the
Board has previously held may be appropriate in the copper industry.,,
We find , therefore , that these employees may properly constitute a
separate bargaining unit, or be included in a more comprehensive
production and maintenance unit as claimed by the Smelter Workers.
In this situation we will make no final determination of the appro-
priate unit pending the results of the election in the following
voting group :
I At the time of the hearing, tire repair work was temporarily being performed by truck
mechanics . However, the Employer contemplated hiring employees solely for repair work
on tires.
8 Castle Dome Copper Co., Inc., 52 NLRB 135. Cf. Phelps Dodge Corporation, 60 NLRB
1431 , and Kennecott Copper Corporation, Nevada Mines Division, 51 NLRB 1140.
It is not clear from the record whether truck drivers and other categories similar to
those in the open pit operations sought by the Petitioner are employed in the remainder
of the Employer 's Ray Mines operations . If there are such employees , then, of course,
they are also included in the voting group. Kennecott Copper Corporation , Ray Mines
Division , 97 NLRB No 166; Phelps -Dodge Corporation , Morenci Branch, 92 NLRB 1564.
Cf. Bronco County News Corporation, 89 NLRB 1567 , and Lone Star Producing Company,
85 NLRB 1137.
WM. CAMERON & CO., INC. 969
All dump truck drivers, flat rack drivers, fuel truck drivers, grease
truck drivers, powder truck drivers, water truck drivers, truck service-
men, truck greasemen, truck oilers, and tire service and repairmen,
at the Employer's Ray Mines operations in Ray, Arizona, excluding
office, clerical, and professional employees, guards, watchmen, and
supervisors as defined in the Act.
If a majority of the employees select the Petitioner 9 as their
representative, they will be taken to have indicated their desire to
be represented in a separate unit, and the Regional Director conducting
the election directed herein is instructed to issue a certification of
representatives to the Petitioner for the unit described above which
the Board, under such circumstances, finds to be appropriate for
the purposes of collective bargaining. If a majority select the Smelter
Workers, they will be taken to have indicated their desire to be included
in the production and maintenance unit at the Employer's Ray Mines
division currently represented by the Smelter Workers, and the
Regional Director shall issue a certificate of results of election to
such effect.
[Text of Direction of Election omitted from publication in this
-volume.]
9 The Boilermakers and IBEW requested , at the hearing , that their names be omitted
from the ballot. The request is hereby granted . The record is not clear whether the
Operating Engineers and the IAM desire to participate in the election. Neither union
has presented a showing of interest within the craft group . Accordingly , we shall not
accord either union a place on the ballot . However , we shall permit them to participate,
if they so desire, upon proper notice , supported by an adequate showing of interest as of
the date of the hearing herein , to the Regional Director within 10 days after issuance
of this Decision and Direction of Election. International Harvester Company, 71 NLRB
390.
WM. CAMERON & CO., INC. and LOCAL No. 968, INTERNATIONAL BROTH-
ERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN & HELPERS OF
AMERICA, AFL, PETITIONER
WM. CAMERON & CO., INC. and MILLMEN's LOCAL UNION 724, UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL, PETI-
TIONER. Cases 1Vos. 39-RC-410 and 39-RC-414. March 31, 1952
Decision and Direction of Election
Upon petitions duly filed, a consolidated hearing was held before
Clifford W. Potter, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
98 NLRB No. 149.