Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Jul 2, 1942

42 N.L.R.B. 35 (N.L.R.B. 1942)

In the Matter of KENNECOrr COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPORATION and BROTHERHOOD OF RAILROAD TRAIN-
MEN
In the Mattel of KENNECOrI' COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPORATION and BROTHERHOOD OF LOCOMOTIVE FIRE-
MEN AND ENGINEMEN
In the Mattel of KENN} COI-P COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPORATION and INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL No 496
In the Matter of KENNECOIi' COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPORATION and INTERNATIONAL BROTHERHOOD OF
BOILER MAKERS, IRON SHIP BUILDERS & HELPERS, LOCAL No 632
In the Mattel of KENNECOrI' COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPORATION and INTERNATIONAL ASSOCIATION OF
MACHINISTS , LODGE No 1563
In the Mattel Of KENNECOrI COPPER CORPORATION NEVADA CONSOLI-
DATED COPPER CORPORATION and INTERNATIONAL BROTHERHOOD OF
BLACKSMITHS DROP FORGERS & HEIPERS, LOCAL No 606
In the Mattel of KENNECOr1' COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPOR MON and UNITED ASSOCIATION OF JOURNEY-
PLUMBERS & S'J E, 1I F11-11A N OF THE UNITED STATES,-','' CANADA,
LOCAL No 586
In the Mattel of KENNE COrI COPPF R CORPORATION , NEVADA CONSOLI
DA'Z'ED COPPER CORPORA' ION 601d UNITED BROTHERHOOD OF C ARPEN-
'1 ERS & JOINERS OF AMERICA LOCAL No 987
In the Mattel of KEN\ECO1l COPPER CoRPOR_MoN, NEVADA CONSOLI-
DATED COPPER CORPORATION and INTERN l7IONAL UNION OF OPERAT-
1NG ENGINEERS LOCAL No 890
In the Mattel of KENNECOrE COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPORATION (i9?d OFFICE, TECHNICAL AND CLERICAL
WORKERS, AFL
42N L R B, No 11
35
In the Matter of KENNECOTT COPPER CORPORATION, NEVADA CONSOLI-
DATED COPPER CORPORATION and INTERNATIONAL UNION OF MINE, MILL
AND SMELTER `YORKERS
Cases Nos . R-3004 to R-3014, inclusive , respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 2, 194.
On April 29, 1942, the National Labor Relations Board issued its
Decision and Direction of Elections in the above-entitled proceeding 1
Pursuant to the Direction of Elections, elections by seciet ballot
were conducted on May 26, 1942, under the direction and supervision
of the Regional Director for the Twenty-second Region (Denver,
Colorado). On June 2, 1942, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Seiies 2, as amended, issued and duly seived upon
the parties his Election Report No objections to the conduct of the
ballot or to the Election Report were filed by any of the parties
As to the balloting and the results thereof, the Regional Dnector
i epos ted as follows
1 Office and Clerical Employees
Total number eligible to vote______________________________ 94
Total number of ballots cast______________________________ 76
Total number of challenged ballots------------------------ 0
Total number of blank ballots_____________________________ 0
Total number of void ballots_______________________________ 1
Total number of votes for Office, Technical and Clerical Work-
ers (AFL) --------------------------------------------- 56
Total number of votes for American Employees' Association_- 15
Total number of votes cast for neither labor oiganization___ 4
2 Biakemen and Switchmen
Total number eligible to vote_____________________________ 70
Total number of ballots cast______________________________ 60
Total number of challenged ballots________________________ 1
Total number of blank ballots________________________ _ 0
Total number of void ballots______________________________ 0
Total number of votes for Biotherhood of nmn oad '1 iaui-
men --------------------------------------------------- 48
Total number of votes for International Union of Mine, Mil'
and Smelter Workeis ----------------------------------- 11
Total number of votes for American Employees' Association__ 0
Total number of votes for none of these labor oigainzations__ 0
'40 N L R B 986
36
KENNECOTT COPPER CORPORATION 37
3 Locomotive Engineers and Fu emen
Total num bei eligible to vote________________________________ 40
Total number of ballots cast_________________________________ 38
Total number of challenged ballots___________________________ 0
Total number of blank ballots_______________________________ 0
Total number of %oid ballots________________________________ 0
Total numbei of votes foi Brotherhood of Locomotive Fnemen
and Enginemen------------------------------------------- 34
Total number of votes for International Union of Mine, Mill
and Smelter Workeis (CIO)_________________----------------- -- ----------- 4
Total number of votes for Ameiican Employees' Association___ 0
Total number of votes for none of these labor oigamzations___ 0
4 Electricians and Poweihouse Opetatois
Total number eligible to vote________________________________ 91
Total number of ballots cast_________________________________ 82
Total number of challenged ballots____________________________ 0
Total number of blank ballots________________________________ 0
Total number of void ballots_________________________________ 0
Total number of votes for International Brotherhood of Elec-
trical Workers, Local No 496 (AFL) ----------------------- 70
-Total number of votes for International Union of Aline, Mill
and Smelter Workers (CIO)_______________--------------- ----------------- 9
Total number of votes for American Employees' Association___ 1
Total number of votes for none of these organizations-------- 2
5 Boilermakers
Total number eligible to vote________________________________ 77
Total number of ballots cast ____________________________c---- 71
Total number of challenged ballots___________________________ 0
Total number of blank ballots_______________________________ 0
Total number of void ballots_________________________________ 0
Total number of votes for International Brotherhood of Boiler-
makers, Iion Ship Builders, Welders and Helpers of America,
Local 632 (AFL) ------------------------------------------ 40
Total number of votes for International Union of Mine, Mill
and Smeltei Works (CIO)_________________________________ 22
Total number of votes foi American Employees' Association___ 9
local number of Notes for node of these laboi oiganizations___- 0
6 Blacksmiths
Total number eligible to vote_______________________________ Is
Total number of ballots east_______________________________ 76
Total number of challenged ballots___________________________
Total number of blank ballots------------------------------- 0
Total numbei of void ballots_________________________________ 0
Total number of votes for Inteinational Brotherhood of Black-
smiths, Diop Foigeis & Ilelpeis, Local No 606 (AFL) ________ 15
Total number of votes for International Union of Mine, Mill
and Smelter Woikers (CIO)______________________________ 1
Total number of votes for American Employees' Association-_ 0
Total number of votes for none of these labor orgamz itions_- 0
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
7 Pipefitters and Plumbeis
Total number eligible to vote_______ ________________________ 33
Total number of ballots cast________________________________ 25
Total number of challenged ballots___________________________ 0
Total number of blank ballots_______________________________ 0
Total number of void ballots _________________________________ 0
Total number of votes foi United Association of Jouineymen
Plumbers and Steam Fitteis of the United States and Canada,
Local 586 ( AFL) ----------------------------------------- 25
Total number of votes foi International Union of Mine, Mill
and Smelter Workers _____________________________________ 0
Total number of votes for American Employees ' Association-- 0
Total number of votes for none of these labor organizations__ 0
8 Carpenters and Painteis
Total number eligible to Note_______________________________ 92
Total number of ballots cast--------------------------------- 79
Total number of challenged ballots __________________________ 2
Total number of blank ballots_______________________________ 0
Total number of void ballots_________________________________ 0
Total number - of votes for United Brotherhood of Ca tpenters
& Joiners of America, Local No 987 (AFL) --------------- 56•
Total number of votes for International Union of Mine , Mill
and Smelter Workers (CIO)______________________________ 12
Total number of votes for Airerican Emplo` ees' Association___ 7
Total number of vote-, for none of there of ganizations______-- 2
9 Machinists
Total number eligible to vote_______________________________ 8S
Total number of ballots cast________________________________ 78
Total number of challenged ballots __________________________ 4
Total number of blank ballots _______________________________
Total number of void ballots _________________________________
Total number of votes for International Association of Machin-
ists, Lodge No 1563 (AFL)_______________________________ 3
Total number of votes for International Union of Mine, Mill
and Smelter Workers ( CIO) ------------------------------ 28
Total number of votes for American Employees ' Association--- 2
Total number of votes for none of these labor organizations-- I
10 Opei ating Engineers
Total number eligible to Note--------------------------------- 321
Total number of ballots cast ________________________________ 285
Total number of challenged ballots __________________________ 5
Total number of blank ballots_______________________________ 0
Total number of void ballots ________________________________ 2
Total number of votes for International Union of Operating
Engineers, Local No 890 (AFL)__________________________ 146
Total number of votes for International Union of Mine, Mill
and Smelter Workers (CIO)_____________________________ 108
Total number of votes for American Employees ' Association___ 22
Total number of votes for none of these labor organizations__ 2
KENNECOTT COPPER CORPORATION 39
11 Remaining Production and Maintenance Employees
Total number eligible to vote-- --------------------------- 627
Total number of ballots cast ------------------------------ 559
Total number of challenged ballots----------------------- 7
Total number of blank ballots ---------------------------- 1
Total number of void ballots------------------------------ 12
Total votes for International union of mine , Mill and Smelter
Workers (CIO) ---------------------------------------- 495
Total Notes foi Amei scan Employees ' Association---------- 28
Total number of votes ioi neither of these labor organiza-
tions -------------------------------------------------- 16
Since the number of the challenged ballots cannot affect the results
of the elections, the Regional Director made no ruling on them
We find it unnecessary to make any determination firth respect to
the challenged ballots
In its Decision and Direction of Elections the Board stated
As stated above, there will be no final determination of the
appropriate unit or units pending the results of the elections,
with tire "exception ° of the Clerical Workers' unit heretofore
found appropriate Those groups choosing the A F. of L
Unions or the Brotherhoods as their bargaining representative
will constitute separate and distinct appropriate units The
groups that choose the Smelter',Voikers will together constitute
a single appropriate unit
Upon the basis of the entire record, the Board makes the following
SUPPLEArENTAL FINDINGS OF rAGT
We find that each of the groups of employees for which we
hereinafter certify exclusive bar gaining representatives constitutes
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat 449, and pursuant to Article ITI, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CEJ;TIFIFD that Office, Technical and Clerical Workers,
affiliated with the Amellcan Federation of Labor, has been desig-
nated and selected by a majority of the employees of the office de-
partment at Santa Rita, samplers, the sample room grinder, ware-
house floormen, and the engineering department office clerk engaged
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the Santa Rita operations; and employees of the Hurley miscel-
laneous clerical department, time-office employees, warehouse flooimen
and cleiks, the clerk-helper of the carpenter shop, the clerk-helper
of the construction department, the driver-clerk of the truck garage,
assayers, chemists, samplers, and weighmasters employed at Hui ley,
excluding supeivisors, assistant supeivisors, all foremen having the
authority to hire and discharge, foremen having the authority to
recommend discharge, and warehouse laborers, employed by Kenne-
cott Copper Corporation, Nevada Consolidated Copper Corporation,
Santa Rita and Hurley, New Mexico, as their representative for the
purposes of collective bargaining and that pursuant to the provi-
sions of Section 9 (a) of the Act, Office, Technical and Clerical
Workers, affiliated with the Ameiican Federation of Labor, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment;
IT IS FURTHER CERTIFIED that Brotherhood of Railroad Trammell
has been designated and selected by a majority of the-brakemen,
switchtenders, lookout men, and car droppers, excluding supervisors,
assistant supervisors, all foremen having the authority to hue and
discharge, and foremen hai rig the authority to recommend dischai ge,
employed by Kennecott Copper Corporation, Nevada Consolidated
Copper Corporation, Santa Rita and Hurley, New Mexico, as then
representative for the purposes of collective bargaining and that
pursuant to the provisions of Section 9 (a) of the Act, Brotherhood
of Railroad Trainmen is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment,
IT IS FURTHER CERTIFIED that Brotheihood of Locomotive Firemen
and Enginemen has been designated and selected by a majority of
the locomotive engineers and firemen, hostlers, and hostler helpers,
including the machinist helpers performing hostler helpers' duties,
but excluding supervisors, assistant supervisors, all foremen having
the authority to hire and discharge, and foremen having the author-
ity to recommend discharge, employed by Kennecott Copper Coipoia-
tion, Nevada Consolidated Copper Corporation, Santa Rita and
Hurley, New Mexico, as their representative for the purposes of col-
lective bargaining and that pursuant to Section 9 (a) of the Act,
Brotherhood of Locomotive Firemen and Engrnemen is the exclusive
representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment;
KENNECOT'P COPPER CORPORATION 41
IT Is FURTHER CERTIFIED that International Brotherhood of Elec-
trical Workers, Local No 496, affiliated with the American Federa-
tion of Labor, has been designated and selected by a majority of
the electricians, electrician helpers, and electrician apprentices em-
ployed at Santa Rita, smelter electricians; engineers, fiieinen, assist-
ant engineers, assistant firemen, switchboard opeiators, water tenders,
and chemists of the Hurley power plant, and electricians, electrician
helpers, the motor tender, and the motor oiler of the electrical divi-
sion of the Hurley machine shop department, excluding clerical em-
ployees, supervisors, assistant supervisors, all foremen having the
authority to hire and discharge, and foremen having the authority
to recommend discharge, employed by Kennecott Copper Corporation,
Nevada Consolidated Copper Corporation, Santa Rita and Hurley,
New Mexico, as then representative for the purposes of collective
bargaining and that pursuant to Section 9 (a) of the Act, Interna-
tional Brotherhood of Electrical Workers, Local No 496, affiliated
with the American Federation of Labor, is the exclusive representa-
tive of all such employees; for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment,
IT IS FURTHER CERTIFIED that Inteinational Brotherhood of Boilei
Makers, lion Ship Builders & Helpers, Local No 632, affiliated with
the American Federation of Labor, has been designated and selected
by a majority of the boilermakers and helpers of the shovel iepa i
department and the boilermakers, helpers, and welders of the boiler
shop at Santa Rita; and boilermakers, boilersinaker lay-out men,
boilermaker helpers, boilermaker appientices, welders, and the car
repairmen employed in the Hurley boiler shop, including the Santa
Rita car repairmen and the triple valve man, but excluding clean-up
men, clerical employees, supervisors, assistant supervisors, all fore-
men having the authority to hire and discharge, and foremen having
the authority to recommend discharge, employed by Kennecott Cop-
per Corporation, Nevada Consolidated Copper Corporation, Santa
Rita and Hurley, New Mexico, as their representative for the purposes
of collective bargaining and that pursuant to Section 9 (a) of the
Act, International Brotherhood of Boiler Makers, Iron Ship Build-.
cis & Helpers, Local No 632, affiliated with the American Federation
of Labor, is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment;
IT IS FURTHER CERTIFIED that International Brotherhood of Black-
smiths, Drop Forgers & Helpers, Local No 606, affiliated with the
American Federation of Labor, has been designated and selected by
a majority of the blacksmiths, blacksmith helpers, blacksmith ap-
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prentices , hammermen, hammermen helpers, tool sharpeners , and tool
sharpener helpers of the Santa Rita blacksmith shop, and black-
smiths, hammermen, and blacksmith helpers of the Hurley black-
smith shop, excluding clerical employees, supervisors, assistant super-
visors, all foremen having the authority to hire and discharge, and
foremen having the authority to recommend discharge, employed
by Kennecott Copper Corporation, Nevada Consolidated, Copper
Corporation, Santa Rita and Hurley, New Mexico, as then repre-
sentative for the purposes of collective bargaining and that pursuant
to Section 9 (a) of the Act, International Brotherhood of Black-
smiths, Drop Forgers & Helpers, Local No 606, affiliated with the
American Federation of Labor, is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions
of employment;
IT IS FURTHER CERTIFIED that United Association of Journeymen
Plumbers & Steam Fitters of the United States & Canada, Local
No. 586, affiliated with the American Federation of Labor, has been
designated and selected by a majority of the plumbers, plumber ap-
prentices, and plumber helpers of the Santa Rita mechanical depart-
ment; pipe fitters and helpers of the Hurley powerhouse, and
plumbers, pipe fitters, and helpers of the Hurley pipe shop, includ-
ing machinist helpers performing plumber-helpers' duties, but ex-
cluding clerical employees, supervisors, assistant supervisors, all
foremen having the authority to hire and discharge, and foremen
having the authority to recommend discharge, employed by Kenne-
cott Copper Corpoi ation, Nevada Consolidated Copper Corporation,
Santa Rita and Hurley, New Mexico, as their representative for the
purposes of collective bargaining and that pursuant to Section 9 (a)
of the Act, United Association of Journeymen Plumbers & Steam
Fitters of the United States & Canada, Local No 586, affiliated with
the American Federation of Labor, is the exclusive representative of
all such employees for the purposes of collective bargaining with
respect to rates of pay , wages, hours of, employment, and other
conditions of employment;
.IT Is FURTHER CERTIFIED ,that United Brotherhood of Carpenters &
Joiners of America, Local No. 987, affiliated with the American Fed-
eration of Labor, has been designated and selected by a majoiity of
the carpenters, carpenter apprentices, carpenter helpers, painters, and
painter helpers of the Santa Rita carpenter shop; carpenters, car-
penter repairmen, carpenter apprentices, carpenter helpers, and paint-
ers employed at Hurley, excluding clerical employees, super visors,
assistant supervisors, all foremen having-the authority to hire and
discharge, and foremen having the authority to recommend discharge,
KENNECOTT COPPER CORPORATION 43
employed by Kennecott Copper Corporation , Nevada Consolidated
Copper Corporation , Santa Rita and Hurley, New Mexico , as their
iepresentative for the purposes of collective bargaining and that pur-
suant to Section 9 (a) of the Act, United Brotherhood of Carpenters
& Joiners of America, Local No 987, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to rates
of pay, wages , hours of employment , and other conditions of
employment,
IT IS FURTHER CERTIFIED that Inteinational Association of Machin-
ists , Lodge No 1563, affiliated with the American Federation of Labor,
has been designated and selected by a majority of the machinists and
helpers of the Santa Rita shovel repair depaitment , machinists, ap-
prentices , and helpers of the Santa Rita and Hurley machine shops;
the Santa Rita truck mechanics ; the Santa Rita bulldozer mechanic;
mechanics , repairmen , trippermen , helpers, and welders of the smelt-
er's mechanical department , repairmen , the burner , and repair help-
ers of the Hurley truck repair department , repairmen of the Hurley
general mill repair department , and Hurley rigger repairmen , includ-
ing the machinist , machinist helper, and repairman of the Hurley
pumping department , and the riggers of the Hurley general mill
repair department , but excluding the Santa Rita tinners , the tamer,
tinner helper, tinner apprentice , and trainer layer -out of the Hurley
tin shop, clerical employees , supervisors , assistant supervisors, all
foremen having the authority to hire and discharge , and foremen
having the authority to recommend discharge, employed by Kennecott
Copper Corporation , Nevada Consolidated Copper Corporation Santa
Rita and Hurley, New Mexico, as then representative for the purposes
of collective bargaining and that pursuant to Section 9 (a) of the Act,
International Association of Machinists, Lodge No 1563, affiliated
with the American Federation of Labor, is - the exclusive represent-
ative of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages , hours of employment , and other
conditions of employment,
IT IS FURTHER CERTIFIED that International Union of Operating
Engineers, Local No 890 , affiliated with -the American Federation
of Labor, has been designated and selected by the majority of the
prospect drillers, prospect -driller helpers , churn drillers , churn - driller
helpers, electric -shovel engineers and oilers , pitmen, track -shifter
opeiators and helpers ; compressormen , pumpmen, locomotive crane
engineers and operators , bulldozer operators , crushing -department
operators , fine grinding - department operator s, flotation-department
operators , lime operators and helpers ; reverberatory -department
operators , converter -department operators , brown-hoist opei ator and
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
helper of the machine shop; shovel operator and oiler of the truck
department; the catskinner and blademen; cranemen of the general
mill repair department; oiling-department employees, and the hoist-
man of the construction department; excluding laborers, loaders, and
the handyman of the reverberatory; and converter departments, oiler
inspectors, oiler clean-up men, clerical employees, supervisors, assist-
ant supervisors, all foremen having the authority to hire and dis-
charge, and foiemen having the authority to recommend dischaige,
employed by Keniiecott Copper Corporation, Nevada Consolidated
Copper Corporation, Santa Rita and Hurley, New Mexico, as their
representative for the purposes of collective bargaining and that
pursuant to Section 9 (a) of the Act, International Union of Oper-
ating Engineers, Local No 890, affiliated with the American Fed-
eration of Labor, is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment,
and
IT IS FURIIIER CERTIFIED that International, Union of Mine, Mill and
Smelter Workers, affiliated with the Congress of Industrial -Organi-
zations, has been designated and selected by a majority of the remain-
ing production and maintenance employees, including watchmen and
warehouse laborers, but excluding deputies, supervisors, assistant
supervisors, foremen having the authority to hire and discharge,
foremen having the authority to recommend discharge, administrative
and hospital employees, and all employees in the Clerical Worker's
unit, employed by Kennecott Copper Corporation, Nevada Consoli-
dated Copper Corpoi ation, Santa Rita and Hurley, New Mexico, as
their representative for the puiposes of collective bargaining and
that pursuant to Section 9 (a) of the Act, International Union of
Mine, Mill and Smelter Workers, affiliated with the Congress of
Industrial Organizations, is the exclusive representative of all such
employees for the-purposes of -collective bargaining with-'respect-fo
rates of pay, wages, hours of employment, and other conditions of
employment.