Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Jun 25, 1943

50 N.L.R.B. 842 (N.L.R.B. 1943)

In the Matter of KENNECOTT COPPER CORPORATION and INTERNATIONAL
UNION OF MINE, MILL & SMELTER WORKERS, LOCALS 63 AND 69
Case No. R-55,01.-Decided June 25,1943
Mr. J. F. Woodbury, of Silver City, N. Mex., for the Company.
Mr. Orville Larson, of Miami, Ariz., and Mr. Verne Curtis, of Silver
City, N. Mex., for the Smelter Workers.
Mr. W. H. Smith, of Ft. Worth, Tex., and Mr. William L. Pavey,
.of Santa Rita, N. Mex., for the Trainmen.
Mr. W. H. Smith, of Ft. Worth, Tex., and Mr. George M. Wisters,
of Santa Rita, N. Mex., for the Firemen.
Mr. Paul M. Peterson, of Silver .City, N. Mex., and Mr. Walter
Owen, of Phoenix,.Ariz., for the I. A. M.
Mr. Paul M. Peterson, of Silver City, N. Mex., and Mr. A. J. Rein-
hard, of Ft. Worth, Tex., for the Operating Engineers.
-Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
'DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon the petition and amended petition duly filed by International
Union of Mine, Mill & Smelter Workers, Locals'63 and 69, herein
called the Smelter Workers, alleging that questions affecting com-
merce had arisen concerning the representation of employees of Kenne-
cott Copper Corporation, Santa Rita and Hurley, New Mexico, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Bliss Daffan, Trial
Examiner. Said hearing was held at Silver City, New Mexico, on
June 4 and 5, 1943. At the commencement of the hearing, the, Trial
Examiner granted motions of Brotherhood of Railroad Trainmen,
herein called the Trainmen, Brotherhood of Locomotive Firemen and
Enginemen, herein called the Firemen, International Association of
Machinists, herein called the I. A. M., and Local Union No. 890, In-
ternational Union of Operating Engineers, herein called the, Operat-
ing Engineers, to intervene. The Company, the Smelter Workers,
the Trainmen, the Firemen, the I. A. M., and the Operating Engineers
I
50 N. L. R. B., No. 122.
842
KENN'ECOTT COPPER CORPORATION 843
appeared at and participated in the hearing and all parties were af-
forded 'full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. During the
course of the hearing, counsel for the Trainmen, the Firemen, the N
I. A. M., and the Operating Engineers moved to dismiss the petition.
The Trial Examiner reserved ruling. The motions are hereby denied.
At the close of the hearing, counsel for the Smelter Workers moved to
withdraw the petition insofar as it related to the employees claimed
by the1Trainmen and the Firemen. 'The Trial Examiner reserved
ruling. The motion is hereby granted. At the close of the hearing,
counsel for the I. A. M. and the Operating Engineers moved for certi-
fication of the I. A. M. and the Operating Engineers on the basis of
the record. The Trial Examiner reserved ruling. The motions are
hereby denied. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board. '
Upon the 'entire record in the case, the Board makes the following :
FINDINGS ' OF FACT
1. THE BUSINESS OF THE COMPANY -
Kennecott Copper Corporation is, a New York corporation operat-
ing an open pit copper mine at Santa Rita, New Mexico, and, a con-
dentrating mill and smelter at Hurley, New Mexico, with which we
are here concerned. During April 1943, the Company purchased
supplies for use in-its operations at Santa Rita and Hurley valued at
$221,600, approximately 90.7 percent-of which was shipped to it from
points outside the State of New Mexico. During the first 5 months
of 1943, the Company produced and shipped an average of 11,871,687
pounds of copper per month from its Santa Rita and Hurley opera-_
tions, all of which was shipped to points outside the State. of New
Mexico. S
H. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill & Smelter Workers, Locals 63
and 69, are labor' organizations affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Company.
Brotherhood of Railroad Trainmen is an unaffiliated labor organ-
ization, admitting to membership employees of the Company.
Brotherhood of Locomotive Firemen and Enginemen is an un-
affiliated labor organization, admitting to membership employees of
the Company. S
International Association of Machinists is a labor organization,
admitting to membership employees of the Company.
Local Union No. 890, International Union of Operating Engineers,
844 - DE,GISIONS, OF NATIONAL, LABOR( RE'I ATIONS BOARD -
is a labor organization affiliated, with the, American Federation 'of
Labor,' admitting to membership, employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION,
On May 6, 1943, the Smelter Workers advised the Company- that it
claimed to represent a majority of the employees in several units and
requested the Company to refrain from negotiating any new agree-
ments with any labor organization until such time as the 'Smelter
Workers 'established its claim to a majority. On May 12, 1943, the
'Company advised the Smelter Workers that it could"not grant it
recognition in view of existing contracts between it and other labor
organizations.
As stated above, at the close of the hearing, the Smelter Workers
moved to withdraw its petition insofar as it referred to the em-
ployees claimed by the Trainmen and Firemen. We have granted
the 'motion and accordingly find that no question concerning repre-
sentation has arisen with respect to the employees covered by present
contracts between the Trainmen and the Company and the Firemen
and the Company.
On June 12, 1942, the Company, the I. A. M., and the Operating
,Engineers entered into exclusive contracts to run 'for a period of 1
year. The said contracts covered employees claimed by the,Smelter
Workers in the instant proceeding. On May 12, 1943, the I. A. M.
and the Operating Engineers requested the Company for changes in
their existing contracts. Negotiations between the parties have taken
place but no agreements had been reached prior to the hearing. The '
I. A. M. and the Operating Engineers contend- their contracts are a
bar to the instant proceeding and urge that the petition be dismissed.
Inasmuch as the ' contracts between the Company and the I. A. M.
and the Company and the Operating Engineers expired by their
terms on June 12, 1943„ they obviously do not constitute a bar to a
determination of representatives at this time.
Statements of a Field Examiner of the Board and the Trial Exam-
iner, introduced into evidence at the hearing, indicate that the Smelter
Workers, the I. A. M., and the Operating Engineers each represents
a substantial number of employees in the units they contend for and
which are hereinafter found to be appropriate.'.
' The Field Examiner reported that the Smelter Workers presented 30 membership
application cards bearing apparently genuine signatures of persons whose names appear on
the Company 's pay roll of May 21, 1943, and who are in the machinists ' unit. The Trial
Examiner reported that the I A. M. presented dues ledger books showing that 37'employees
on the May 21, 1943, pay roll of the Company are members in good standing of the
I A. M There are 70 employees in the machinists ' unit The Field Examiner also re-
ported that the Smelter Workers presented 148 membership application cards bearing ap-
parently genuine signatures of persons whose names appear on the Company' s pay roll of
May 21, 1943, for the operating engineers The Trial Examiner reported that the Oper-
ating Engineers presented dues ledgers showing that 140 employees , whose names appear
on the May 21, 1943, pay roll of the Company, are members in good standing in the
Operating Engineers . There are 366 employees in the operating engineers' unit.
' KENNECOTT COPPER CORPORATION 845
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
We find, in accordance with a stipulation of the parties, that the
following two groups of employees constitute separate units appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act:
1. All machinists and helpers of the Santa Rita shovel repair
department; machinists, apprentices, and helpers of the Santa Rita
Hurley machine shops; the Santa Rita truck mechanic; the Santa
Rita bulldozer mechanic; mechanic; repairmen, trippermen, helpers
and welders of the smelter's mechanical department; repairmen, the
burner and repair helpers of Hurley truck repair department; repair-
men of the Hurley general mill repair department and Hurley rigger
repairmen, including the machinists, machinists' helpers and repair-
men of the Hurley pumping department, and the riggers of the
Hurley general mill repair department.2
2. Prospect drillers, prospect driller helpers, churn drillers, churn
driller helpers, electric shovel engineers and oilers ; pitmen, track
shifter operators and helpers; compressormen; pumpmen; locomo-
tive crane engineers and operators and helpers ; bulldozer operators,
crushing department operators, fine grinding department operators;
floatation department operators; lime operators and helpers; re-
verberatory department operators; converter department operators;
brown hoist operator and helpers of the machine shop ; shovel opera-
tor and oiler of the truck department; the catskinner and blademen;
^cranemen of the general mill repair department; piling department
employees; and the hoistmen of the construction department; but
excluding laborers, loaders, the handy man of the reverberatory and
converter departments, oiler inspectors, oiler cleanup men, clerical
emlployees, supervisors, assistant supervisors, and all foremen having
authority to recommend discharge; the Santa Rita tinners, the tin-
ner, tinner helper, tinner apprentice, and tinner layerout of the
Hurley tin shop.3 -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by means of elections by secret ballot among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
z Thjs is the same unit provided for in the contract between the I A M and the Com-
pany alluded to above.
9 This is the same unit provided for in the contract between the Operating Engineers
and the Company alluded to above.
:846_ DECISIONS • OF NATIONAL IABO,Rr RE'LAT'IONS! BOARD
of,Elections herein, subject to the limitations and additions set forth
in the Direction.,
DIRECTION OF, ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-,
lations Act, and pursuant to Article III, Section 9, of National La-
bor Relations Board Rules and Regulations-Series 2, -as amended,
it is hereby - ,
. 'DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kennecott Cop-,
per Corporation , Santa Rita and Hurley, New Mexico, elections by
secret ballot shall be conducted - as early as possible, but not later
than thirty (30) days from the date of ' this Direction, under the
direction and supervision of the Regional Director for the Sixteenth'
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules
land Regulations , among: -
1. The employees in the unit found appropriate in paragraph
No. 1 of Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction , including
employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off , and including
employees in the armed forces of the United States who present
themselves in person at the polls , but excluding any who have since
quit or been discharged for cause , to determine whether they desire
to be represented by International Union of Mine , Mill & Smelter-
Workers, Locals 63 and 69, affiliated with the Congress of Industrial
Organizations , or by International Association of Machinists, for
the purposes of collective bargaining , or-by neither.
2. The employees in the unit found 'appropriate in paragraph No.
2 of Section IV, above, who were employed during the pay-roll pe-
riod immediately preceding the date of this Direction ,- including em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off ,,and including em-
ployees in the armed force of the United States who present them-
selves in person at the polls, but excluding any who have since quit or
been discharged for cause, to determine whether they desire to be repre-
sented by International Union of Mine, Mill &_ Smelter Workers,
Locals 63 and 69, affiliated with the Congress of Industrial Organiza-'
-tions, or by Local Union No. 890 , International Union of Operating
Engineers , affiliated with the American Federation of Labor , for the
purposes of collective bargaining , or by neither.
CHAIRMAN MiLLis , took no part in,the consideration of the above
Decision and Direction of Elections. -