Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1955

114 N.L.R.B. 13 (N.L.R.B. 1955)

XENNECO aPP R eo oN ,- Y3
Henson admits the last incident, and states that she does not remember
the, other two, but that they might have occurred. Mrs. Henson
and other observers also state that all of the observers addressed
-voters when they came in, if they knew them, saying, "Hello," "Good
morning," and other similar salutations. The Regional Director
found that Employer's objection (3) lacked merit and recommended
that it be overruled. The Employer contends, in effect, that Mrs.
Henson was a leading organizer for the Petitioner, and by the above
remarks she "kept right on electioneering while serving as an elec-
tion observer." We do not agree.
As it appears from the foregoing that all of the observers addressed
and greeted voters they knew during the course of balloting, and as
it appears that none of the conversations of the observers had any-
thing to do with the election, or with any of the parties participating,
we find no merit in Employer's objection (3)' and we shall overrule this
objection.
Accordingly, as we have overruled the Employer's objections, and,
as the Petitioner, Lodge No. 1000, International Association of
Machinists, AFL, obtained a majority of the valid ballots cast in the
pooled group," we shall certify it as the exclusive bargaining repre-
sentative of all the employees in the following unit which the, Board
has found under such circumstances to be appropriate: All pro-
duction and maintenance employees at the Employer's Bloomington,
Illinois, plant, including class "A" and "B" electricians and their
helpers, but excluding office and plant clerical employees, professional
•employees, guards, and supervisors within the meaning of the Act.
[The Board certified Lodge No. 1000, International Association of
Machinists, AFL, as the designated collective-bargaining representa-
tive of the employees of the General Electric Company, Bloomington,
Illinois, plant, in the unit hereinabove found appropriate.]
e As we have sustained the challenges to 2 of the 5 challenged ballots the remaining 3
challenged ballots can not affect the results of the election.
Kennecott Copper Corporation, Chino Mines Division and Inter-
national Union of Operating Engineers, Local 953, A. F. L..
Case No. 3,3-RC-523. August 31,1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Byron E: fuse, hearing offi-
cer. The hearing officer's rulings made at ,the hearing are free from
prejudicial error and are hereby affirmed.
114 NLRB No. 4.
14- - DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
Upon the-entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. ' The labor organizations involved claim to represent certain em-'
ployees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Employer operates an open pit copper mine at Saiita Rita, New
Mexico, and a mill, smelter, refinery, and powerplant at Hurley, which
is 10 miles ' away.l The petition filed by the Operating Engineers,
seeks a unit of "tractor and bulldozer operators" at the mine. Bar-
gaining has in the past encompassed both the mine and the mill.
In 1942 the Board considered the total employee complement at this
operation of the Employer, and among other units then found appro-
priate, certified a unit which it described as "limited to production
employees, embracing all operators of .power-driven equipment, those
who assist such operators, and those who operate or assist in the op-
eration of any appurtenances to such power driven equipment." 2
The actual classifications listed in the certification, other than helpers,
were: 'prospect drillers, churn drillers, electric shovel engineers and
oilers, pitmen, trackshifter operators, compressormen, pumpmen, lo-
comotive crane engineers and operators, bulldozer operators, crushing
department operators, fine grinding department operators, flotation
department operators, "lime" operators, reverberatory department
operators, converter department operators, brown hoist operator of
the machine shop, shovel operator and oiler of the truck department,,
the catskinner and blademen, cranemen of the general mill repair de--
partment, oiling department employees, and hoistmen of the construe-`
tion department.' Another local of the petitioning Operating Engi-
neers was certified as bargaining representative of that unit.
In 1946 substantially the same unit was stipulated by the parties in
a proceeding initiated by the Mine, Mill and Smelters Workers,,
C. I. 0., in which unit it achieved certification.4
In 1948, as the result of a consent election, the Intervenor, Interna-
tional Association of Machinists, was certified for a unit having some,
but not all, of the above classifications, namely : churn drillers, shovel
runners, oilers, hoistmen, crane operators (locomotive and clam shell),
stationary compressormen and bulldozers at Santa Rita, and Shovel
1 See 40 NLRB 986, 994.
2 40 NLRB 986, 996.
842 NLRB 36, 43.
4 69 NLRB 1257
CAMPBELL , WYANT & CANNON FOUNDRY COMPANY 15
runners at, Hurley.' The contract which resulted' from that certifica-
tion was recently terminated, apparently as of June 30, 1955.
At the hearing in this case the Petitioner described the unit it now
seeks . as the "bulldozer department, Santa Rita Division." This; of
course , is only a portion of the original unit of operators of power,-
.driven equipment which the Petitioner represented as a result of-the
1942 certification. To show, within the meaning of the American
Potash decision,' that it customarily represents bulldozer employees
the Petitioner introduced-into evidence its constitution, with amend-
ments thro'ugh'April'1952. This contains'a paragraph"at page 35 en-
titled : "(b) Hoisting and Portable Engineers' Craft Jurisdiction,"
.which lists bulldozers as one of many types of equipment operation
covered. It also introduced evidence to show that the Employer's
bulldozer department at the mine consists of 12 employees classified
as bulldozer operators, and 12 classified as trackshifter dozer opera-
tors, together with their own foreman; that there is no interchange
between these employees and other employees of the mine; that sen-
iority is exercised within departments-transferees between depart-
ments going in as the "youngest man" ; and that bulldozer operators
are hired with experience whether they come from within the plant or
.are hired'"at the gate." Based upon this testimony and its constitu-
tional jurisdiction over bulldozer operators, the Petitioner urges the
.Board to direct a severance election. Apart from other considera-
tions, on this record we find that the Petitioner has failed to sustain
its burden of-showing that the Employer's bulldozer department as
.such contains employees identified with traditional occupations dis-
tinct from those of other operators of power-driven equipment who
have in the past been represented as a group. Accordingly, as the de-
partmental unit sought is not appropriate for severance, we, shall dis-
miss the petition?
[The. Board dismissed the petition.]
5 79 NLRB 347, 348.
6 American Potash and Chemical Corporation, 107. NLRB 1418, 1424.
1 Compare Tennessee Epp Company , 110 NLRB 189.
Campbell, Wyant & Cannon Foundry Company and Pattern
Makers League of North America , Muskegon Association,
AFL, Petitioner. Case No. 7-RC-2836. September-1, 1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Myron Scott, hearing officer.
114 NLRB No. 5.