San Manuel Copper Corp.

National Labor Relations Board - Board Decisions

Jul 17, 1957

118 N.L.R.B. 734 (N.L.R.B. 1957)

734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
San Manuel Copper Corporation and International Union of Mine,
Mill and Smelter Workers, Independent, Petitioner
San Manuel Copper Corporation and United Steelworkers of
America, AFL-CIO, Petitioner
San Manuel Copper Corporation and Brotherhood of Locomotive
Firemen and Enginemen , Independent , Petitioner
San Manuel Copper Corporation and International Brotherhood
of Electrical Workers, AFL-CIO, Petitioner
San Manuel Copper Corporation and International Association
of Machinists, AFL-CIO, Petitioner
San Manuel Copper Corporation and Local Union No. 428, Inter-
national Union of Operating Engineers, AFL-CIO, Petitioner
San Manuel Copper Corporation and International Brotherhood
of Boilermakers , Iron Ship Builders, Blacksmiths , Forgers and
Helpers of America, AFL-CIO, Petitioner
San Manuel Copper Corporation and Chauffeurs , Warehousemen
& Helpers, Local Union No. 310, AFL-CIO, Petitioner
San Manuel Copper Corporation and Southeastern Arizona Dis-
trict Council of Carpenters, AFL-CIO, Petitioner
San Manuel Copper Corporation and United Association of Jour-
neymen and Apprentices of the Plumbing . and Pipefitting In-
dustry, AFL-CIO, Petitioner
San Manuel Copper Corporation and International Brotherhood
of Painters, Decorators and Paperhangers of America, AFL-
CIO, Petitioner
San Manuel Townsite Co. and United Steelworkers of America,
AFL-CIO, Petitioner. Cases Nos. 21-RC-4172, 21-RC-4291,
21-RC-4299, 21-RC-4319, 21-RC-4341, 21-RC-4346, 21-RC-4353,
21-RC-4359, 21-RC-4370, 21-RC-4397, 21-RC-4415, and 21-RC-
4378. July 17,1957
SECOND SUPPLEMENTAL DECISION
On September 21, 1956, the Board issued a Decision, Direction of
Elections, and Order 1 in the above-entitled proceeding, finding, inter
alia, that engineers, brakemen, motormen, helpers, flagmen, and
loaders assigned to the ore transportation facilities might, if they so
desired, constitute a separate appropriate unit, but reserved the ques-
tion of whether train bosses or conductors should be in the unit because
"the record is inadequate to show whether or not conductors are
1116 NLRB 1153.
118 NLRB No. 87.
SAN MANUEL COPPER CORPORATION 735
supervisors." The Decision directed that the conductors should be
permitted to vote subject to challenge. The Brotherhood of Loco-
motive Firemen and Enginemen, Independent, herein called the Fire-
men, won the election in the aforesaid voting group by a margin
sufficient to make unnecessary the counting of challenged ballots. Ac-
cordingly, on January 24, 1957, the Board issued a Supplemental
Decision and Certification of Representatives, certifying the Firemen
as the bargaining representative of the railroad employees' unit.
Thereafter, the Firemen requested that the Board either find that
the train bosses or conductors were not supervisors and include them
in the unit, or reopen the record for the purpose of determining the
status of such individuals. On April 10, 1957, the Board issued an
order reopening the record "for the purpose of receiving evidence with
respect to the status of conductors or train bosses."
Pursuant thereto, a reopened hearing was held on May 7, 1957,
before James W. Cherry, Jr., hearing officer. The Firemen and the
Employer appeared at the reopened hearing and fully participated
in the proceedings. • The hearing officer's rulings made therein are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, including the original and
reopened hearing, the Board finds as follows :
The ore transportation department is responsible for loading rail-
road cars with ore from bins at the mine site and transporting it over
a 7-mile single-track railroad to the mill for processing. The trans-
portation operation is carried on 24 hours a day, 7 days a week. A
transportation department foreman, who works the day shift, is in
immediate charge ' of all operations. Under him are three train crews
operating different shifts. Each crew consists of a train boss, an
engineer, 2 brakemen, 3 loaders, and 1 chute blaster. ' The train boss
is in charge of each crew. There is a dispute, however, as to the
extent of his authority. All three train bosses appeared as witnesses
at the hearing? One train boss testified that his authority was rou-
tine, and that the work of the crewmen was outlined by the foreman
who alone had supervisory authority. The two other train bosses
gave a different picture of their authority. They testified that they
can, on their own authority, send a crewman home if he appears for
work in an unfit condition; that they can adjust minor grievances of
their crewmen; that their permission is necessary before a crewman
can be transferred to or from their shifts or is given time off; that
they exercise discretion in directing their crews; and that they substi-
tute for the foreman on the latter's day off, assuming the foreman's
duties and authority in addition to their own on that day. They also
testified that they believe that their recommendation for disciplinary
2In addition to the train bosses , the ore transportation foreman, the general manager,
and several crewmen also testified.
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
action against, or promotion for, a crewman would be followed' by the
foreman.
We find, on the basis of the preponderance of the credible testimony,
that the train bosses are supervisors and hence are excluded from the
unit for which the Firemen has been certified as bargaining
representative.'
. MEMBER JENKINS took no part in the 'consideration of the above
Second Supplemental Decision.
3 United States Gypsum Company, 114 NLRB 1285, 1290 (conductor) ; Western •Equip-
ment Company, 96 NLRB 1376, 1378 (conductor) ; Northern Redwood Lumber Company,
88 NLRB 272, 279 (conductor).
Sweet-Orr and Co., Inc. and Confectionery and Tobacco Drivers
& Warehousemen 's Union , Local 805, International Brother-
hood of Teamsters, AFL-CIO, Petitioner. Case No. 2-RC-8541.
July 1 7,1957
SUPPLEMENTAL DECISION AND DIRECTION
. Pursuant to a Decision and Direction of Election 1 issued in this
proceeding on March 26, 1957, an election was conducted by mail
ballot returnable to the Board's Regional Office no later than the
close of business on April 18, 1957, under the direction and super-
vision of the.. Regional Director for the Second Region among the
employees in the unit found appropriate by the Board. Following the
election, a tally of ballots was furnished the parties. The tally shows
that 22 ballots were cast in the election of which 11 ballots were cast
for the Petitioner, 9 against the Petitioner, and 2 were challenged. As
the challenged ballots were sufficient in number to affect the results
of the election, the Regional Director investigated the eligibility of
those individuals whose ballots were challenged. Thereafter, on May
29, 1957, the Regional Director issued a report on challenged ballots
in which he recommended that the challenges be overruled and that
the ballots be opened and counted. On June 7, 1957, the Petitioner
filed exceptions to the report on challenges. .
Pursuant to the provisions of Section 3. (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Murdock, Rodgers,. and
Bean].
The. Board has considered the Regional. Director's report -on chal-
lenged ballots and the Petitioner's exceptions and adopts the Regional
Director's recommendations.. ' The Petitioner' contends. that Paul
Brojde and Robert;D..Furbee:.are not eligible •to vote inasmuch as
? 117 NLRB,796..
118 NLRB No. 88.