Utah Copper Co.

National Labor Relations Board - Board Decisions

May 19, 1943

49 N.L.R.B. 901 (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 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 OPERATING ENGINEERS,
LOCAL No. 353, A . F. OF L.
In the Matter of UTAH COPPER COMPANY AND KENNECOTT COPPER
CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL UNION 1081, 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 through R-27.3 and R-5114, respectively. Decided
May, 19,1943
Mr. Willard Y. Morris, for the Board.
Messrs. C. C. Par'ao,ns, Jr., William' M. McCrea, and A. D. Moffat,
of Salt Lake City, Utah, for the Company.
Mr. Herbert S. Thatcher, of Washington, D. C., for the' AFL
Unions.
Mr. Howard Lee, of Salt Lake City, Utah, and Mr. Lawrence G.
Robison, of Midvale, Utah, for the Smelter Workers.
Mr. Frederic B. Parkes, -2nd; of ;counsel to the, Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On October 9, 1941, the National Labor Relations Board issued a
Decision and Order in Cases Nos. R-2719 through R-2723,1 inclusive,
135 N. L. R. B: 1295.
49 N. L. R. B., No. 128.
901
902 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dismissing the petitions filed by the following 'labor, organizations
on the ground'that the units requested were inappropriate : Interna-
tional Association of Machinists, Lodge No. 568, District 114,2 herein
called the I. A. M.; International Union of Operating Engineers,
Local No. 353, herein called ' the I.' U. O. E.; and International
Brotherhood of Electrical Workers Local Union 1081, herein called
the I. B. E. W., all affiliated with the. American Federation of Labor
and sometimes collectively called herein the AFL Unions. On De-
cember 4, 1941 , pursuant to notice duly served upon all parties, oral
argument -was held before the Board in Washington, D. C., upon
the motion filed by the I: A. M. requesting that the Board recon-
sider its Decision and Order of October 9, 1941. On February 4,
1943, International Union of Mine, Mill and Smelter Workers, Local
No. 485, herein called the Smelter Workers, filed a petition request-
ing an investigation and certification of representatives. On Feb-
ruary 20, 1943,'the Board issued a Supplemental Decision and Order
in the above-entitled proceeding, vacating and setting aside the De-
cision and Order of October 9, 1941, and reinstating and consolidat-
ing the petitions filed by the AFL Unions with that filed by the
Smelter Workers. _
Upon due notice the Board provided for an appropriate hearing
before Peter F. Ward, Trial' Examiner. Said hearing was held at
Salt Lake City, Utah, on April 1 and 2, 1943. The Board, the
Company, the AFL Unions, and the Smelter Workers appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses; and td introduce' evidence bearing on
,the issues. At the beginning of the hearing, the' Trial Examiner
denied the motion to intervene filed by Independent Association of
Mine Workers, herein called the Independent. The Trial Examiner
reserved ruling for the Board on the introduction-'into evidence of
several contracts offered by the I. A. M. Such exhibits are hereby,
received in evidence. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
On April--13, 1943, a joint brief was, filed on, behalf, of the AFL
Unions and has been considered by the Board. On April 17, 1943,
the Independent filed exceptions and objections to its exclusion from
the hearing. Since the Independent was ordered disestablished by
the Board's Decision and Order-issued on February 20,1943,' the excep-
tions and objections are hereby overruled.
Upon the entire record in the case, the Board makes the following :
a The name of the I. A. M. appears as amended at the hearing.
3 Matter of Utah Copper Company, a Corporation, and Kennecott Copper Corporation,
a Corporation- and International Union of Mine, Mill and ' &i elter 'Workers; C. I. O.,
47 N L. R. B 757. -
UTAH COPPER COMPANY
FINDINGS OF FACT
I.• THE BUSINESS OF THE COMPANY
903
Utah Copper Company, a wholly owned and controlled subsidiary
of, and operating agent for, Kennecott Copper Corporation, operates
the open-pit copper mine owned by Kennecott Corporation located at
Bingham Canyon, Bingham County, Utah. Approximately 2,100 non-
supervisory employees work at the mine.
The ore is shipped from the mine to the Company's Arthur and
Magna mills , located approximately 18 miles from the mine,4 where
more than 99 percent of the ores are reduced to copper concentrates.
These concentrates and a small amount of concentrates produced at the
mine are then smelted at Garfield, Utah, by the American Smelting
and Refining Company. The blister copper, the resultant of the smelt-
ing operation, is shipped to three refineries operated by American
Smelting and Refining Company in the States of Maryland, New Jer-
sey, and Washington, where it is refined and the copper and precious
metals, of which the blister copper is composed, are separated, purified,
and prepared for sale. The "finished products are sold by Kennecott
Copper Corporation through its wholly owned subsidiary, Kennecott
Sales Corporation.5 Substantial quantities of molybdenite concen-
trates, all of which are shipped and used outside the State of Utah,
are also produced at the mills as -a byproduct.
During 1940 approximately 229,858 tons of blister copper; attribut-
able to the Bingham Canyon mine, were shipped to, refineries outside
the State of Utah. During the same year, 8,169 tons of molybdenite
concentrates, attributable to the Bingham Canyon, mine, were pro-
duced at the Arthur and Magna mills, a large portion of which were
shipped outside the State of Utah.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Lodge No. 568, District
114; International Union-of Operating Engineers, Local.No. 353; and
International Brotherhood of Electrical Workers Local Union No.
1081, all affiliated with the American Federation of Labor, are labor
organizations admitting to membership employees of the Company.
" This proceeding is concerned only with employees at the mine.
During the smelting of the ore at Garfield, Utah, the concentrates and precipitates are
commingled with concentrates and precipitates from other sources, and the blister copper,
while being refined, is commingled with blister copper from other, sources, however, Kenne-
cott Copper Corporation retains title to the ores from the Bingham Canyon mine at all
times during their mining , concentrating or precipitating, smelting , and,, refining, and
during their transportation between these operations.
904 DECISIONS OF NATIONAL LABOR ' RELATIONS BOARD
International Union of Mine , Mill and Smelter Workers, Local No.
•485, affiliated with the Congress of Industrial Organizations , is a labor
organization admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
About April 12,•,1941, Walter Owen, International Representative
of the I. A. M., requested the Company to bargain upon the basis of
so-called metal trades council unit, embracing substantially all the
employees now sought by the petitioning AFL Unions. At that time
the Company expressed doubt as to the I. A. M.'s majority and also
stated that the unit proposed was inappropriate. On April 28, 1941,
Owen made a similar request on the basis of five separate units cover-
ing substantially the same employees claimed by the AFL Unions
herein. The Company again refused to grant the request on the ground
that the' proposed 'units were inappropriate and that the Company
had no evidence of the AFL Unions' alleged majority. On February
27, 1943, the Smelter Workers advised the Company by letter that it
represented a majority of its production and maintenance employees
and requested recognition. On March 2, 1943, the Company replied
stating that the matter was pending before the Board. Statements of
the Regional Director and the Board's attorney introduced in evidence
show that the I. A. M., the I. Br E. W., the I. U. O. E., and the Smelter
Workers each represents a substantial number of employees in the
unit or units each claims to be appropriate.6
The followingytabulations set forth the Regional Director ' s and the Board attorney's
statements concerning the authorization,evidence,slibmitted,to'them
Union Evidence
Num-
begr of
si na-
tares
Dated
Appar-
gently
e
signatures
Num=
pavbn
roll
Num-
ber to
amt
I. A. M. boiler- Application cards -__ 4 1-June 1940, 2-1941__ 4 18 18
makers
Authorization cards- 14 1-Dec. 1942; Mar. 1- 14 _
12, 1943.
I. A. M. machin Application cards -- 40 23-1940, 16-1941, 1 - 40 ______ _______
ists 1942
Authorization cards 59 1-Jan. 1943, 9-Feb. 59 193
1943, 49-Mar. 1943
I A. M. black Application cards 2 Dec. 9,1940, to Mar 2 13 19
smiths ' 12, 1941
Authorization cards 11 Feb. 26 to Mar. 3, 11 __
1 1943
1. U 0 E________ Authorization cards- 117 1-Jan 1943, 79-Feb. 117 106 About
1943; 3fsMar.1943, 238
1-undated.
I_B E. W_-______ Designations-------- 75 1-Jan. 1943, 41-Feb 75 86 140
1943,30-Mar 1943,
3-undated.
Authorization cards- . 14 14-Mar 1943 -------- 14 ________ ________
UTAH COPPER COMPAuNfY 905
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 UNIT
A. Contentions of the parties
The I. A. M..seeks to establish three units, consisting of skilled
employees of the Company who may be classified in the following
categories: (1) machinists, (2) blacksmiths, and (3) boilermakers.?
The units urged by the I. U. 0. E. arid the I. B. E. W. are likewise
composed of skilled employees engaged in an occupation bringing
them within the jurisdiction of these unions. The Smelter Workers,
on the other hand, denies the appropriateness of the units sought by
AFL Unions and insists that only an industrial unit is appropriate,,
embracing all production and maintenance employees with the excep-
tion of supervisors, clerks, technicians, watchmen, guards, safety de-
partment employees, train service employees, and student employees.
The Company also denies the appropriateness- of the units urged by
the AFL Unions and contends that an industrial unit is appropriate.
The Company's Bingham Canyon mine is a huge open pit, consisting
of about 42 terraces, from which the ore is removed by means of electric
Union Evidence
Num-
big of
si na-
tures
Dated
Appai•-
genuine
signatures
Num-
bin onpay
roll
Num-
bei in
unit
Smelter Workers__ Application cards-- 357 56-1942, 144-Jan 357 599 1,711
1943,114-Feb 1943,
42-Mar. 1943, 1-
undated.
Dues assignment 425 7-1940,190-1941,174- i 425 _
1942, 7-Jan 1943,
4-Feb. 1943, 43-
undated.
Authorization list___ 278 213-Jan Ito June 30, 278 ________ ________
Application cards- 4 Feb 26 to Mar 4,
_
4
_
4 _-----__
1943
The Regional Director further stated that of the 559 apparently genuine signatures on the authorisation
evidence submitted by the Smelter Workers, 1 signature is the name of a person within the I A M -boiler-
makers unit and has designated both the Smelter Workers and the I A M., 47 are within the I. A. M.-
machinists unit and 20 have designated both the Smelter Workers and the I A M , l is within the I A M.-
blacksmiths unit, 63 aie within the I U. 0 E unit and 13 have designated both the Smelter'Workers'and,
the I U O. E ; 8 are within the I B E W unit and 2 have designated both the Smelter Workers and the
I.B E W.
' The blacksmiths and boilermakers were organized by the I A M but have not yet
established locals in the Bingham Canyon area, although it is contemplated that locals
of the appropriate international unions for such employees will be chartered and the em-
ployees' membership transferred to such locals.
Y
906 DE,CISIO'NS OF NATIONAL LABOR RELATIONS BOARD
shovels. In the mining process the overburden or waste, covering the
ore is drilled and blasted, loaded into railroad ears by the shovels, and
removed by electric locomotives to the waste-disposal areas. There-
after, the, ore is blasted, loaded into railroad cars by the shovels, and
hauled by the locomotives to the assembly yard, from which it is
transported to the Arthur and Manga mills for processing. Most of
the non-supervisory employees, approximately 2,100 in number, are
engaged in preparing the terraces for the shovels, moving the shovels
and tracks, servicing and operating the ' shovels, operating the trains
which haul the waste and ore, maintaining the tracks, or servicing,
moving, replacing, or repairing the various types of machinery in-
volved. The operations involve the use of skilled employees, such as
machinists, engineers, electricians, boilermakers, blacksmiths, car-
penters, painters, and other mechanical-department employees, and
their helpers, as well as that of a large number of unskilled workers
who shift track, handle materials, and perform other manual labor.
In the main, they are employed in the following departments : mechani-
cal, carpenter, electrical, pipe and water, shovel and train operations,
track, and drilling and blasting. A precipitation plant is located about
4 miles below the main mine operations. Meteoric waters which per-
colate through the various waste dumps are.conveyed to the plant,
where the copper-bearing water is run over scrap iron and by the use
of certain chemicals the copper is deposited on the scrap in the form
of copper precipitates.
The I. A. M. wishes to include within the machinists unit, machinists,
second machinists, third machinists, machinists helpers, repair gang
helpers, car repairers, second car repairers, and car-repairer helpers.
These employees are chiefly engaged in the repair and maintenance of
electric shovels, waste dump cars, and other equipment and are em-
ployed in the machine, car-repair, and shovel-repair shops. They are
divided into various gangs, some' of which perform more complex
repairs in the shops, while the others repair and maintain equipment
in, use in the mine. Also claimed for the machinists unit' are the shop
leadmen of the machine shop, the coppersmith, the drill repairman,
and welders. The leadmen are the most highly skilled machinists in
the department and perform work requiring greatest precision.
Although the coppersmith forms and shapes articles of light metals
in the blacksmith shop, he is also engaged in babbitting and other work
within the I. A. M.'s jurisdiction. The drill repairman repairs and
maintains air-hammer drilling machines in the drilling and blasting
repair shop located in the rear of the main machine shop. The welders
are chiefly engaged in building up flanges, wheels, and various parts
of equipment, all of which are later put into finished form by the
machinists. All welders are employed in the welding shop which is
UTAH COPPER COMPANY 907
located in one end of the boiler shop, except one who works in the car-
repair shop. R. T. Gallagher and A. J. McIff, who appear on the pay
roll under the classification of second boilermakers and Newton J.
Gaskill, George Sluga, and D. E. Stuart, who are classified as third
boilermakers on the pay roll, are also included in the machinists unit
since they spend the major portion of their time in the welding shop
performing machinists welding. The I. A. M. also urges the inclusion
of William T. Steele, who appears on the pay roll as a boilermaker
helper, in the machinists unit since he is actually employed as a
machinist helper in the machine shop.
The boilermakers unit urged by the I. A. M. would embrace boiler-
makers, second boilermakers, third boilermakers, and boilermaker
helpers, excluding R. T. Gallagher, A. J. McIff, Newton J. Gaskill,
William T. Steele, George Sluga, and D. E. Stuart, who are included
in the machinists unit, as well as F. 0. Gallagher, who is included in
the blacksmiths unit. The employees who compose the boilermakers
unit spend the major portion of their time in assembling and repairing
shovel dippers in the boilershop. They also fabricate various types
of structural steel, repair boilers, and make air receivers and other
equipment of heavy plate.
The blacksmiths unit sought by the I. A. M. would include black-
smiths first fire, blacksmiths, and blacksmith helpers , as well as ham-
mer operators, the tool dresser, and F. 0. Gallagher. The blacksmiths
and helpers are employed in the blacksmith, drill, and car -repair shops
and are engaged in the forging, shaping, and bending of metal with
the use of hari mers under heat. The blacksmiths first fire perform
the heaviest type of work in the shop. The hammer operators operate
"air' drop hammers" under heat in the blacksmith, machine, and car-
repair shops. The tool dresser works chiefly, on a pneumatic air-drill
sharpening machine. Although F. 0. Gallagher is listed on the pay
roll as a boilermaker helper, he actually is employed in the blacksmith
shop as a blacksmith helper.
The I. U. 0. E. urges the inclusion in its unit of electric-shovel
engineers, electric-shovel cranemen, and electric-shovel pitmen, who
comprise the electric-shovel crews. The engineers are highly skilled
and each is in charge. of an electric shovel. The engineer controls
the movement of the shovel bucket through broken material and
shifts it to the cars to be dumped. The craneman operates dipper
sticks attached to the bucket, aligns the bucket to spill into the car,
and trips the door of the bucket. The pitman, the third member
of each shovel crew, oils the shovel, cleans tracks, and assists the
engineer and craneman. The I. U. 0. E. similarly would represent
locomotive-crane operators, locomotive-crane firemen, and locomotive-
'crane pitmen. Each operator is in charge of a steam crane mounted
908 DEC'ISQONS OF NATIONAL' LABOR RELATIONS BOARD
on wheels and running on railroad tracks. " The fireman maintains
necessary water, and steam pressure in the ^ boiler. The pitman's
duties are similar to those of the electric-shovel pitman. Pump oper-
ators and pump-operator helpers, shop-crane operators, compressor
engineers, and heating-plant firemen are also included in the
I. U. 0. E.'s unit. The pump operators and helpers operate and
maintain a dewatering pump and four pump stations used to re-
circulate water from the precipitation, plant. Shop-crane operators
are exclusively engaged in the operation' of overhead cranes in the
machine, car, and. boilershops. The compressor engineers are in
charge of the operations of three large machines, which supply com-'
pressed air for the pneumatic drilling machines and also for ma-
chines in the repair shops. The heating-planf firemen spend about 50
percent of their time on a yearly average in the operation of the
plant supplying heat to the various shops, offices, houses, and build-
ings, owned and 'maintained by the Company. During warm
weather, when they are not working in the heating plant; they are
employed in the repair gangs. Also included in the I. U. 0. E.'s
unit are track-shifter operators, plow operators, caterpillar operators,
and caterpillar-operator helpers. The track-shifter operators are in
charge of machines, which are attached rigidly to the railroad tracks
and which shift the tracks toward' the terraces. Plow operators
operate snow plows which during the winter months are used to clear
the 'railroad tracks and at other times to maintain railroad grades
along the tracks. Caterpillar operators and helpers are in charge of
tractors used for grading and other purposes in construction work.
The I. B. E. W. requests that electricians, second electricians, third'
electricians, and electrician helpers be included in its unit as well as
nine electrician bosses, the X-ray technician, and armature, winders.
The electricians and helpers are engaged in the construction, main-
tenance, and operation of electrical equipment and power lines and
are divided into three gangs, specifically, electric shovel, electric
haulage, and shops and maintenance. The X-ray technician spends
most of his time in the maintenance and repair of the Company's
telephone system, but he also makes X-rays in connection with the
physical examination of new employees. The armature winders are
engaged in the repair and maintenance of armatures.
The Smelter Workers and the Company deny the appropriateness
of the units urged by the AFL Unions and contend, in general, that
only an industrial unit,of all production and maintenance employees
is appropriate. The Smelter Workers would include in its unit all
the foregoing classifications with the exception of electrician bosses
and 'student, employees. In addition, the Smelter Workers seeks to
represent drilling and blasting department employees; track-opera-
tions department employees with the exception of yard foremen;
UTAH COPPER COMPANY 909
apemen 8 of the engineering department; and cablemen a of they train,
operations department. Saltmen,10 dumpmen,1' railroad motorcar
operators, i2 oilman helpers,13 and' wash room attendants of the ma-
chine shop are also included in the Smelter Workers' unit as well as
pipe repairmen, pipe. helpers, precipitation plant operators,14 and
employees of the carpenter and paint department. The Smelter
Workers excludes from its unit foremen and supervisors; employees
of the office, safety, geological and assaying, and employment depart-
ments; the entire engineering department except the apemen; plant
guards and property watchmen; hostlers, locomotive engineers,
brakemen, and yard foremen; and student employees.
It is apparent, from the above statement of the claims of the AFL
Unions, that the units sought by them are composed of employees in
various departments doing work of a similar or related nature and
ordinarily found in such craft units. While the integrated nature
of the Company's enterprise and the fact that practically all opera-
tions are aimed at one purpose-to keep the shovels working so that
ore may be extracted-indicate the propriety of a single unit em-
bracing all production and maintenance employees, the units sought
by the AFL Unions are composed of skilled employees, their helpers
and apprentices, engaged in duties which made their problems sim-
ilar . As indicated previously in Section III, each of the AFL
Unions has organized substantial numbers of employees in the craft
groups heretofore described and the Smelter Workers has enlisted
the membership of a substantial number of employees on an indus-
trial basis.
From the foregoing it appears that the employees in the units
proposed by the AFL Unions might properly constitute separate
bargaining units or might be merged in a single unit with all other
production and maintenance employees. In this situation, we shall
permit the scope of the bargaining unit or units to be determined in
part by the results of separate elections.16
S Axemen drive stakes, chop lines,' and perform other minor tasks in connection with
survey ranges.
9 Cablemen attach and disconnect the cable supplying electric power to railroad loco-
motives.
10 Saltmen spray ore and waste cars with a hot salt solution in cold weather to prevent
the damp ore and waste from freezing to the cars.
ss Dumpmen are stationed at the waste dumps to show the train crews where to empty
the overburden.
19 These employees operate small gasoline motorcars on the railroad . The operation re-
quires no skill.
13 Oilman helpers load and unload oil and grease and fill requisitions for such materials.
They do not oil machines.
'4 Their work is apparently unskilled , involving only the handling of scrap iron and the
removal of copper precipitates.
16 See Matter of Iiiispiiation ' Consolidated , Copper Company and International yBrother-
hood of Electrical Workers , Local B-518, A. F. L., et at , 44 N L. R. B . 1160; Matter of
Phelps Dodge Corporation and Bisbee Miners Union, #22792, and American Federation of
Labor, et at ., 41 N. L. R. B. 140, and cases cited therein.
i
910 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
B. The voting units
There' remains for consideration the specific composition of the
voting units.
As indicated previously, the I. B. E. W. would include in its unit
nine electrician bosses; the Smelter Workers and the Company desire
to exclude them from the unit which each urges to be appropriate.
These bosses are engaged between 90 and 95 percent of the time in
the supervision of the electrical crews, each of which numbers from 8
to 15 employees. The bosses perform little manual work. They are,
paid on a, salary basis and apparently receive considerably more than
their subordinates. Such bosses are the lowest grade of the super-
visory hierarchy and exercise direct supervision over the work of
electrical crews. They have the power to recommend the advance-
ment and discharge of their subordinates and may discipline the,
members of their crews by sending employees 'home: Since the .record
clearly reveals their supervisory status, we shall exclude the electri-
cian bosses from the'I. B. E. W.'s voting unit.
The AFL Unions request the inclusion of any student employees
who may be employed in any of the craft units urged. The Smelter
Workers would exclude the students from the industrial unit; the
Company desires their inclusion. These employees work on Satur-
days and Sundays during the school year. During school vacation
periods they work full time. The record discloses that when the
.student employees graduate from, or cease attending, school they
generally continue 'to work on a full-time basis for the Company.
They enjoy all the privileges of the regular full-time employees, re-
ceiving- hospitalization benefits, bonuses, vacation privileges, and
seniority rights. In view of these facts, we shall include in all voting
units student employees employed in classifications within such units.
Although the Company did not clearly define the extent of the
industrial unit which it considers to 'be appropriate, it appears that
the Company desires to include the following classifications which
the Smelter Workers would exclude :
(1) Employees of the office, safety, and, employment departments
include secretaries, stenographers, office and shop clerks, timekeepers,
telephone operators, safety inspectors, warehousemen and helpers;
and office, dormitory, and club janitors. The Company would also
include clerks and the steno-clerk of, the engineering department in
the industrial unit. As these employees are clearly not within the
production- or maintenance category, we shall exclude the employees
,of the office, safety, and employment departments and the clerks and
steno-clerk of the engineering department from the residual vot-
ing unit. -
UTAH COPPER COMPANY' '' ' 911
(2) Toe samplers and assayer helpers of the geological and assay-
ing departments are paid on a salary basis. The samplers obtain
samples of ore as it is loaded in the mine. The assayer helpers pre-
pare the samples for testing by grinding and mixing them. Since
these employees perform unskilled work which is a part of the pro-
duction process, we shall include toe samplers and assayer helpers
in the residual voting unit 16
(3) Plant guards and property watchmen' patrol the Company's
property, keep employees and visitors away from areas where blasting
operations are being performed, and supervise parking areas. We
shall excludeplant guards 'and property watchmen from the residual
voting unit.
The Company and the Smelter Workers are in substantial agree-
ment with respect to the exclusion of the following employees: the
hostler, locomotive engineers, and brakemen of the train operations
department; 17 yard- foremen of the track-operations department; 18
foremen and supervisors; draftsmen, the assistant assayer, assayer
assistants, the fieldman, rodmen, levelmen, chainmen, the first instru-,
mentman, second instrumentmen, and third instrumentmen of the
geological, assaying, and engineering departments. None of the AFL
Unions desires to represent -any of these employees. We shall exclude
these employees from the, voting units.
Upon the basis of the entire record and in accordance with the fore-
going findings of fact, we shall order elections among the employees
of the Company within the groups described below :
(1) ' The shop leadmen, machinists, second machinists, third ma-
chinists, machinist helpers, repair-gang helpers, the coppersmith, car
repairers, second car repairers, car-repairer helpers, welders, and the
drill repairmen, including student employees, R. T. Gallagher, A. J.
Mclff, Newton J. Gaskill, George Sluga, D. E'. Stuart, and William
T. Steele, but excluding foremen and supervisors, to determine
whether they desire to be represented by the I ' A.' M. or by the Smelter
Workers, for the purposes of collective bargaining, or by neither;
i8See ,,Matter of Inspitation ,Consolidated Copper 'Company, and International Brother-
hood of Electrical Workers, Local' B-518, A. F. L, et at., '44 N. L. R. B. 1160; Matter of
Miami Copper Company and International Brotherhood of Electrical Workers, Local B-518,
A. F. L., et at., 42 N L R. B 1351 ; Matter,of Phelps-Dodge Corporation and Bisbee
Miners Union, #t22792, and American Federation of Labor, et at., 41 N. L. R. B. 140;
Matter of Kennecott Copper Corporation, Nevada Consolidated Copper Corporation and
Brotherhood of Railroad Tmaanmen et at., 40 N. L R. B 986
ii These employees are presently covered by a contract between the Company and the
Brotherhood of Locomotive Firemen and Enginemen, herein called the B L. F. E., the
certified representative of such employees. See Matter of Utah Copper Company and
Kennecott Copper Corporation and Brotherhood of Locomotive Firemen' and Enginemen,
23 N. L. it. B. 1160, and 25 N. L it. B. 14.
18 Although yard foremen were not included in the appropriate unit for which the
B. L F. E. is the certified representative, it was stated at the hearing that yard foremen
are covered,by.the contract between the Company and the B. L. F. E.
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
(2) The boilermakers, second boilermakers, third boilermakers and
boilermaker helpers, including student employees, but excluding R. T.
Gallagher, A. J. Mclff, Newton J. Gaskill, William T. Steele, George
Sluga, D. E. Stuart, F. 0. Gallagher, foremen, and supervisors, to,
determine whether they desire to be represented by the I. A. M. or by,
the Smelter Workers, for the purposes of collective bargaining, or
by neither;
(3) The hammer operators, blacksmiths first fire, blacksmiths,
blacksmith helpers, and the tool dresser, including student employees
and F. 0. Gallagher, but excluding foremen and supervisors, to de-,
termine -whether they desire to be represented'by the I. A. M. or by
the Smelter Workers, for the purposes of collective bargaining, or
by neither;
(4) The electric-shovel engineers, electric-shovel cranemen, electric-,
shovel pitmen, locomotive-crane operators, locomotive-crane firemen,
locomotive-crane pitmen, shop-crane operators, compressor engineers,
heating-plant firemen, track-shifter operators, caterpillar operators,
caterpillar-operator helpers, plow operators,, pump operators, and,
pump-operator helpers, including student employees, but excluding,
blast hole drill operators, blast hole drill-operator helpers, foremen,
and supervisors, to determine whether they desire to be represented by
the I. U. 0. E. or by the Smelter Workers, for the purposes of col-
lective bargaining, or by neither;
(5) The X-ray technician, armature winders, electricians, second
electricians, third electricians, and electrician helpers, including stu-•
dent employees, but excluding electrician bosses, foremen, and super-
visors, to determine- whether they desire to be represented by the.
I. B. E. W. or by the Smelter Workers, for the purposes of collective,
bargaining, or by neither; and
(6) The remaining production and maintenance employees,, includ-
ing axemen of the engineering department, student employees, toe
samplers, assayer helpers, and precipitation-plant operators, but ex'_,
eluding electrician bosses, foremen and supervisors; employees of the
office, safety, and employment departments; plant guards and prop-
erty watchmen; the hostler, locomotive engineers, and brakemen of
the train-operations department; yard foremen of the track-operations
department; and clerks, the steno-clerk, draftsmen, the assistant as-
sayer, assayer assistants, the fieldman, rodmen, levelmen, chainmen,
the first instrumentman, second instrumentmen, and third instrument-
men of the geological, assaying, and engineering departments, to de-
termine whether or not they desire to be represented by the Smelter
Workers for the purposes of collective bargaining.
As,stated above, there will be no final determination of the appro-,
priate unit or units' pending the results of the- elections. • The groups"
- UTAH COPPER COMPANY 913
chat choose the AFL Unions as their bargaining representative will
constitute separate and distinct appropriate units. These groups
choosing the Smelter Workers will, together, constitute a,single appro-
priate unit.
V. THE DETERMINATION OF REPRESENTATIVES
None of the parties stated any preference at the hearing in respect
to the pay roll to be used to determine eligibility to vote. We shall
accordingly direct that -the employees' of the Company eligible to
vote in the elections shall be those who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to such limitations and additions as are 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
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 Utah Copper
Company and Kennecott Copper Corporation , Bingham Canyon,
Utah, 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 Twentieth Region , acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 10, of said
Rules and Regulations, among all employees of the Company's Bing-
ham Canyon 'mine operations in each of the groups described below
who were employed during the pay-roll period immediately preceding
the date of this Direction, including any such employees who did not
work during that pay-rcill 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 :
(1) The shop leadmen, machinists , second machinists , third, ma-
chinists , machinists helpers , repair-gang helpers, the coppersmith,
car repairers , second car repairers, car-repairer helpers, welders, and
the drill repairman, including student employees, R. T. -Gallagher,
A. J. McIff, Newton J. Gaskill, George Sluga, D. E. Stuart, and
William T. Steele, but excluding foremen and supervisors , , to deter-
mine whether they desire to be represented by International Asso-
914 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
ciation of Machinists, Lodge No. 568, District 114, A. F. of L., or by
International Union of Mine, Mill and Smelter Workers, Local No.
485, C. I. 0., for the purposes of collective bargaining, or by neither;'
12) The boilermakers, second boilermakers, third boilermakers, and
boilermaker helpers, including student employees, but excluding R. T.
Gallagher, A. J. McIff. N-wton J. Gaskill, William T. Steele, George
Sluga, D. E. Stuart, F. 0. Gallagher, foremen, and 'supervisors, , to
determine whether they desire to be represented by International
Association 'of Machinists, Lodge No. 568, District 114, A. F. of L.,
or by International Union of Mine, Mill and Smelter Workers, Local
No. 485, C. I. 0., for the purposes of collective- bargaining, or by
-neither; -
(3) The hammer operators, blacksmiths first fire, blacksmiths,
blacksmith helpers, and the tool dresser, including student employees
and F. O. Gallagher, but excluding foremen and supervisors, to
determine whether they desire to be represented by International
Association of Machinists; Lodge No. 568, District 114; A. F. of L.,
or by International Union of Mine, Mill and Smelter Workers, Local
No. 485, C. I. 0., for the purposes of collective bargaining, or by
neither ; '
(4) The- electric-shovel engineers, electric-shovel cranemen, elec-
tric-shovel pitmen, locomotive-crane, operators, locomotive-crane fire-
men, locomotive-crane ;pitmen, shop-crane operators, compressor engi-
neers, heating-plant firemen, track-shifter operators, caterpillar
operators, caterpillar-operator helpers, plow operators, pump opera-
tors, and, pump-operator helpers, including student employees, but
excluding blast hole drill operators, blast hole drill-operator helpers,
foremen, and supervisors, to determine whether they desire to be
represented by International Union of Operating Engineers, Local
No. 353, A. F. of L., or by International Union of Mine, Mill and
Smelter Workers, Local No. 485, C. I. 0., for the purposes of collective
bargaining, or by neither;
(5) The X-ray technician, armature winders, electricians, second
electricians; third electricians, and electrician helpers, including stu-
dent employees, but excluding electrician' bosses, foremen, and super-
visors, to determine whether they desire to be represented by Inter-
national Brotherhood of Electrical Workers Local Union 1081, A. F.
of L., or by International Union of Mine, Mill and Smelter Workers,
Local No. 485, C. I. 0., for the purposes of collective bargaining, or
by neither; and
(6) The remaining production and maintenance employees, includ-
ing- axemen of the engineering department, student employees, toe
samplers, assayer helpers, and precipitation-plant operators, but
excluding electrician bosses; foremen and 'supervisors; employees of
UTAH COPPER COMPANY 915-
the office, safety, and employment departments; plant guards and prop-
erty watchmen; the hostler, locomotive engineers, and brakemen of
the train-operations department; yard foremen of the track-operations
department; and clerks, the steno-clerk, draftsmen, the. assistar t as-
sayer, assayer assistants, the fieldman, rodmen, levelmen, chairmen,
the first instrumentman, second instrumentman, and third instrument-
men of the geological, assaying, and engineering,departments, to
determine whether or not they desire to be represented by Interna=
.tional Union of Mine, Mill and Smelter Workers, Local No. 485,
C. I. 0., for the purposes of collective bargaining.
Mn. GERARD D. REILLY took no part,in the consideration of the above
Decision and Direction of Elections.
531647-43-vo1.49-59