Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Nov 21, 1958

122 N.L.R.B. 198 (N.L.R.B. 1958)

198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Kennecott Copper Corporation , Nevada Mines Division and
International Association of Machinists , Local Lodge No. 279,
Petitioner
Kennecott Copper Corporation , Nevada Mines Division and
International Union of Mine, Mill and Smelter Workers,
Locals Nos . 124 and 233, Petitioner . Cases Nos. R-3372, R-5381,.
and R-5389. November 21, 1958
DECISION CLARIFYING CERTIFICATION OF
REPRESENTATIVES
On February 17, 1942, the National Labor Relations Board issued
its Decision and Direction of Election 1 in Case No. R-3372. Pur-
suant to the Direction of Election, a representation election by secret
ballot was conducted on March 4 and 5, 1942, under the direction and
supervision of the Regional Director for the Twentieth Region among
the employees in a unit described as "all employees of Nevada Consoli-
dated Copper Corporation, McGill, Nevada,2 engaged in machinists'
work at its mines at Ruth, Nevada, and at its mill and smelter at Mc-
Gill, Nevada, including machinist subforemen, machinists, repairmen,
repair subforemen, the McGill welders, handymen, machinist appren-
tices, machinist helpers, shop helpers, car repairmen, and garage em-
ployees, but excluding foremen having the authority to employ and
discharge, the Ruth welders, the welder subforemen, and `swing' help-
ers." As a result of this election, the Regional Director on March 23,.
1942, certified the International Association of Machinists, Local 279,
AFL (herein called JAM) as bargaining representative for the unit
described above.
On August 7 and 21, 1943, respectively, the National Labor Rela-
tions Board issued a Decision, Direction of Elections, and Order and a
Supplemental Decision and Order in Cases Nos. 5381 and 5382 .1 Pur-
suant to the Direction of Elections, representation elections by secret
ballot were conducted on September 2 and 3, 1943, under the direction
and supervision of the Regional Director for the Twentieth Region
among several groups of the Company's employees. The results of the
elections reveal that the voting groups comprised of painters, carpen-
ters, boilermakers, electricians, and plumbers voted to be represented
by their own craft unions while the voting groups comprised of watch-
men, bricklayers, steelworkers, truckdrivers and warehousemen, cooks
and waitresses, engineers, and production and maintenance employees
138 NLRB 1346.
2 Since the certification issued in Case No. 3372 , the name of the Employer has been
changed from Nevada Consolidated Copper Corporation . The correct name is reflected
in the case heading.
3 51 NLRB 1140; 52 NLRB 42.
122 NLRB No. 33.
KENNECOTT COPPER CORPORATION 199
selected the International Union of Mine, Mill and Smelter Workers,
Locals 124 and 233 (herein called Mine-Mill). As a result of these
elections, the Regional Director on October 14, 1943, certified Mine-
Mill as bargaining representative of these employees, including a unit
described as "the remaining production, construction, and main-
tenance employees, including hourly paid samplers, but excluding
executives, superintendents, general foremen, assistant general fore-
men, foremen, subforemen, assistant drill foremen, general powder
foremen, assistant powder foremen, shift bosses, shaft bosses, stope
and level bosses, mucker bosses, technical and professional employees,
gas chemist assistants, dairy employees, dairy field employees, clerical
employees, commissary clerks, salaried samplers, Harry Haaser, F. M.
Cork, employees in the watchmen's unit, employees for whom Interna-
tional Association of Machinists, Local No. 279, is the certified collec-
tive bargaining representative, employees covered by the contracts
between Brotherhood of Locomotive Engineers and Switchmen's
Union of North America, and the Company, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees or effectively recom-
mend such action, employed by Kennecott Copper Corporation,
Nevada Mines Division, McGill and Ruth, Nevada. . . ."
At the time the Board certified the IAM and Mine-Mill, the Inter-
venors in this proceeding, in 1942 and 1943, the Company garage was
located at the old Ruth townsite and was used for servicing cars, trucks,
caterpillars, and graders. In 1952 the garage was moved to the
Copper Flat area where the same type of equipment was serviced.
In 1955 the Veterans' garage was placed in operation for servicing
diesel equipment, and in 1958 the garage at Copper Flat was moved to
the Kimberly shops. At the present time, the Veterans' garage serv-
ices diesel equipment, while the gasoline driven equipment is serviced
at the Kimberly shops. The diesel equipment serviced at the Veterans'
garage includes 48 haulage trucks, 9 tractors, 5 graders, 1 loader, 3
dozers, and 8 drills; the gasoline equipment serviced at the Kimberly
shops consists of 81 pieces including pickup trucks, dump trucks, fuel
trucks, water trucks, compressor trucks, and automobiles.
At the Veterans' garage, the majority of the diesel equipment is
serviced by 15 employees who were formerly handymen. The re-
mainder of the diesel equipment is serviced by mechanics and machin-
ists. The gasoline driven equipment is serviced by two employees, one
field lubrication man and one helper.
On July 7, 1956, the Employer entered into a collective-bargaining
agreement with the IAM; by a memorandum dated March 6, 1958, the
parties agreed to the elimination of certain existing job classifications
and the establishment of certain new job classifications in the Em-
ployer's mines plant maintenance department at Ruth, Nevada, where-
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the "handyman" classification was supplanted-by new classifications
including "field lubrication men" whose duties include the lubrication,
servicing, and fueling of gasoline and diesel field equipment. In
1958, Mine-Mill filed a grievance alleging that the Employer was
avoiding or circumventing the Mine-Mill certification by having em-
ployees classified as lubrication men in the IAM unit performing greas-
ing and oiling work at Ruth. This grievance was not resolved through
.the steps in the grievance procedure and Mine-Mill certified the dispute
for arbitration. IAM opposed such arbitration on the grounds that,
as IAM's National Labor Relations Board certification included all
garage employees, any action of this kind would constitute an infringe-
ment upon the decision of the National Labor Relations Board. The
Employer, on July 8, 1958, filed a motion for clarification of certifica-
tion in which "the Employer urges that the National Labor Relations
.Board either (a) issue an order to show cause as to why the 1942
certification of the IAM should not be amended or clarified to include
the job classification lubrication men or (b) conduct a hearing to
determine the proper unit placement of the lubrication men so that the
certification of either Mine-Mill or the IAM can be clarified to include
the job classification lubrication men." On July 28, 1958, Mine-Mill
filed a motion in support of the Employer's request for hearing. On
August 4, 1958, the IAM filed a memorandum in which it did not op-
pose the Employer's request for hearing provided such hearing is with
respect to the classification "lubrication men" only. On August 18,
1958, the Board issued an order directing that the Regional Director
for the Twentieth Region hold a hearing to resolve the issues raised by
the Employer's motion for clarification of certification.
On September 11, 1958, in accordance with the above order, a hear-
ing was held before Albert Schneider, hearing officer. The hearing
officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
The record shows an unbroken bargaining history between the Em-
ployer and both IAM and Mine-Mill since the Board certifications
were issued in 1942 and 1943, respectively. Since 1949 the duties set
forth to be performed by the new "lubrication man" classification have
been performed by the handymen included under the IAM certifica-
tion in. 38 NLRB 1346; 15 of the group have lockers in the Veterans'
Shop along with the mechanics while 1 works in the Kimberly shop;
these 15 have been reporting to the Master Mechanic in charge of the
mechanics in the Veterans' Shop at the beginning and end of their
shifts; all 16 are supervised by a foreman who reports directly to the
plant superintendent at present because of a companywide lubrication
standardization program in progress. However, upon completion of
this program, he will report to the maintenance foreman who also
supervises the mechanics.
SYLVANIA ELECTRIC PRODUCTS, INC. 201
In view of the foregoing, and particularly in view of the fact that
these lubrication duties have been performed by handymen since 1949;
that the handymen have been supervised by the maintenance foreman
who has charge of the mechanics at the Veterans' Shop; that these
handymen have worked the same hours and shared the same locker area
as the mechanics; and that handymen performing these duties have
been allowed to progress toy mechanic apprentice and eventually be-
come mechanics, we conclude that upon the basis of the entire record
the Board certification in 38 NLRB 1846 should include the classifica-
tion "lubrication men." Accordingly, we thereby amend the certifica.
tion to include lubrication men in the unit described in the original
certification. ,
MEniBERs Rol oERs and FANNING took no part in the consideration of
the above Decision Clarifying Certification of Representatives.
Sylvania Electric Products , Inc. and District Lodge 131 , Inter-
national Association of Machinists, AFL-CIO, Petitioner.
Case No. 18-RC-3653. November 21, 1958
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 Ray C. Jenkins, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
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 organization claims to represent certain employees
of the Employer.'
3. A 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.
4. In accordance with the stipulation of the parties, we find that
the following employees of the Employer constitute a unit appropri-
ate for the purposes of collective bargaining within the meaning of
Section 9(b) of the Act:
All production and maintenance employees at the Employer's
Burlington, Iowa, plant, including cafeteria employees and group
leaders; but excluding executives, monitors and all other supervisors
1 The International Union of Electrical , Radio , and Machine Workers , AFL-CIO, was
permitted to intervene in this proceeding.
122 NLRB No. 35.