Utah Cooper Co.

National Labor Relations Board - Board Decisions

Sep 24, 1943

52 N.L.R.B. 852 (N.L.R.B. 1943)

In the Matter of UTAH COPPER COMPANY AND KENNECOTT COPPER
CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS,
LODGE No. 568, DISTRICT 114, A. F. OF L.
In the Matter of UTAH COPPER COMPANY AND KENNECOTT_ COPPER
CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS,
LODGE No. 568, DISTRICT 114, A. F. OF L.
In the Matter Of UTAH COPPER COMPANY AND KENNECOTT COPPER
CORPORATION- and INTERNATIONAL UNION OF MINE, MILL AND
SMELTER WORKERS , FOR ITSELF AND ON BEHALF OF ITS LOCAL #485
Cases Nos. R-2719, R-2720 and R-5114 respectively
FOURTH SUPPLEMENTAL DECISION
SECOND DIRECTION OF RUN -OFF ELECTION
AND
DIRECTION
September 24, 1943
On May 19 and June 15, 1943, respectively, the National Labor
Relations Board issued a Decision and Direction of Elections 1 and
an Amendment to Direction of Elections in the above-entitled pro-
ceeding. Pursuant to the Direction of Elections, elections by secret
ballot were conducted on June 17 and 18, 1943, under the direction
and supervision of the Regional Director for the Twentieth Region
(San Francisco, California). On July 3, 1943, the Regional Di-
rector, acting pursuant to Article III, Section 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties a Report on Ordered Elections.
As to the balloting and its results in the first and second voting units,
the Regional Director reported as follows :
Group 1-Machinists
Approximate number of eligible voters______________________ 194
Total ballots cast ------------------------------------------ 163
Total ballots challenged------------------------------------- 2
Total void ballots__________________________________________ 0
149 N. L R. B. 901.
52 N. L. R. B., No. 148.
852
UTAH COPPER COMPANY 853
Total valid votes counted___________________________________ 161
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local No. 485, C. I. 0____________________________ 67
Votes cast for International Association of Machinists, Lodge
No. 568, District 114-------------------------------------- 76
Votes cast for neither_____________________________________ 18
Group 2-Boilermakers
Approximate number of eligible voters______________________ 20
Total ballots cast___________________________________________ 14
Total ballots challenged------------------------------------ 1
Total void ballots__________________________________________ 0
Total valid votes counted___________________________________ 13
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local No. 485, C. I. 0___________________________ 3
Votes cast for International Association of Machinists, Lodge
No. 568, District 114_____: -------------------------------- 4
Votes cast for neither______________________________________ 6
On July 16, 1943, International Association of Machinists, herein
called the I. A. M., filed a motion to Order Run-Off Election in the
first and second voting units. International Union of Mine, Mill
and Smelter Workers, Local No. 485, C. T. 0., herein called the
Smelter Workers, has filed a similar request for a run-off election
in the first voting unit. In view of the recently inaugurated Board
policy with respect to run-off election,2 we shall direct a run-off
election among the employees in the first voting unit in which they
will be given an opportunity to decide whether they desire to be
represented by the I. A. M. or by the Smelter Workers for the pur-
poses of collective bargaining. Pending the determination of the
challenged ballot in the second voting group, we reserve ruling on
the request for a run-off election among the employees in that group.
Since the challenged ballot in the second voting group could
neither affect the outcome of the election nor require a run-off elec-
tion in accordance with the then existing policy of the Board per-
taining to such elections, the Regional Director made no ruling
upon the challenged ballot and recommended, in his Report on
Ordered Elections, that the petition filed by International Associa-
tion of Machinists, Lodge No. 568, District 114, be dismissed. There-
after the Board amended its Rules and Regulations with respect to
run-off elections.3 On September 10, 1943, the Regional Director
issued and duly served upon the parties a Supplemental Report on
Ordered Elections, in which he ruled upon the challenge to the ballot
of Tony Gallegos in the second voting group. The Regional Direc-
3 National Labor Relations Board Rules and Regulations-Series 2, as amended, Article
III, Section 11, as promulgated on August 23, 1943.
1 See footnote 2, ibid.
854 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
tor reported that Gallegos worked as a machinist helper from July 1,
1942, to May 2, 1943, and that on May 3, 1943, he was permanently
transferred to the position of boilermaker helper. Since Gallegos
was permanently transferred to a position with the second voting
group during the May 15, 1943, pay-roll period, which determined
eligibility to vote in the elections, and since he has continued to be
employed as a boilermaker helper, the Regional Director recom-
mended that the challenge to the ballot of Gallegos in the second
voting unit be overruled and that his ballot be opened and counted.
No objections to the Supplemental Report on Order Elections have
been filed by any of the parties. The Regional Director's ruling upon
this ballot is hereby sustained and we shall, therefore, direct that
the Regional Director open) and count the ballot of Tony Gallegos in
the second voting group and issue a Supplemental Election Report.
DIRECTION OF RUN-OFF ELECTION
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, and pursuant to Article III, Sections 9, 10, and '11, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIREcTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Utah Copper
Company and Kennecott Copper Corporation, Bingham Canyon,
Utah, a run-off election 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 Direc-
tor for the Twentieth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections
10 and 11, of said Rules and Regulations, among the employees of
the Company in the first voting group described in the Direction
of Elections issued on May 19, 1943, who were eligible to vote in
the elections conducted on June 17 and 18, 1943, and who are em-
ployed in an eligible category on the date of the run-off election, but
excluding those who have since quit or been discharged for cause, to
determine whether they desire to be represented by International
Association of Machinists, Lodge No. 568, District 114, or by Inter-
national Union of Mine, Mill and Smelter Workers, Local No. 485,
C. 1. 0., for the purposes of collective bargaining;
AND IT IS FURTHER DIRECTED that, as part of the investigation to
ascertain representatives for the purposes of collective bargaining
with Utah Copper Company and Kennecott Copper Corporation,
UTAH COPPER COMPANY 855
Bingham Canyon, Utah, the Regional Director for the Twentieth
Region shall , pursuant to said Rules and iRegulations , within ten
(10) days from the date of this Direction, open and count in the
second voting group the ballot of Tony Gallegos and shall thereafter
prepare and cause to be served upon the parties a Supplemental Elec-
tion Report embodying his findings therein and his recommendations
as to the results of the secret ballot in the second voting group.