Utah Copper Co.

National Labor Relations Board - Board Decisions

Aug 4, 1943

51 N.L.R.B. 1058 (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 No. R-2719 to R-2723 inclusive, respectively and R-5114.-
Decided August 4, 1943
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
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 July 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 Director,
acting pursuant to Article III, Section 10, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued" and
1 49 N. L. R. B. 901.
51 N. L. R. B., No. 169.
1058
UTAH COPPER COMPANY AND KENNECOTT COPPER CORPORATION 1059
duly served upon the parties a Report on Ordered Elections. On
July 15, 1943, Utah Copper Company and Kennecott Copper Cor-
poration, herein called the Company, filed its Exceptions to Order
and Direction of Election and Objections to the Certification of any
Representative. The Board has considered the exceptions and the
objections and they are hereby overruled. On July 9, 1943, Interna-
tional Union of Mine, Mill and Smelter Workers, herein called the
Smelter Workers, filed with the Regional Director its Objections to
Report on Ordered Elections. Such objections relate only to the Re-
gional Director's recommendations as to the disposition of certain
ballots challenged in the fourth voting unit. On July 17,1943, Interna-
tional Union of Operating Engineers, herein called the Operating
Engineers, filed with the Board its Reply to Objections of the
Smelter Workers. Pending the outcome of the Regional Director's
investigation of the Objections and the issuance of his Report on Objec-
tions, we shall make no determination with respect to the challenges
and the objections relating to the fourth voting unit. However, since
the objections do not affect the other voting units, we shall proceed
with the issues raised in the other units.
As to the balloting and its results, the Regional Director reported
as follows :
Group 1-111achtnists
Approximate number of eligible voters--------------------- 194
Total ballots cast----------------------------------------- 163
Total ballots challenged----------------------------------- 2
Total void ballots----------------------------------------- 0
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
54O(;12-4I-ro l 51-68
1 060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Group 3-Blacksmiths
Approximate number of eligible voters--------------------- 19
Total ballots cast____________________________________12
Total ballots challenged___________________________________ 0
Total void ballots_________________________________________ 0
Total valid votes counted__________________________________ 12
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local No. 485, C. I. 0__________________________ 1
Votes cast for International Association of Machinists, Lodge
No. 568, District 114------------------------ ------------- 10
Votes cast for neither_____________________________________ 1
Group 4-Engineer8
Approximate number of eligible voters---------------------- 242
Total ballots cast_________________________________________ 176
Total ballots challenged --T -------------------------------- 15
Total void ballots----------------------------------------- - 0
Total valid votes counted---------------------------------- 161
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local No. 485, C. I. 0--------------------------- 70
Votes cast for International Union of Operating Engineers,
Local No. 353, A. F. L----------------------------------- 83
Votes cast for neither_____________________________________ 8
Group 5-Electricians
Approximate number of eligible voters______________________ 132
Total ballots east_________________________________________ 122
Total ballots challenged___________________________________ 2
Total void ballots_________________________________________ 0
Total valid votes counted__________________________________ 120
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local No. 485, C. I. 0__________________________ 33
Votes cast for International Brotherhood of Electrical Work-
ers, Local Union 1081, A. F. L---------------------------- 86
Votes cast for neither_____________________________________ 1
Group 6-Production and Maintenance Employees
Approximate number of eligible voters_____________________ 1,118
Total ballots cast----------------------------------------- 609
Total ballots challenged ------------------------------------ 21
Total void ballots------ ----------------------------------- 5'
Total valid votes counted---------------------------------- 5S3
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local No. 485, C. I. 0-------------------------- 556
Votes cast against International Union of Mine, Mill and
Smelter Workers, Local No. 485, C. I. 0___________________ 27
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. The Smelter Workers has filed a similar
UTAH COPPER COMPANY AND KENNECOTT COPPER CORPORATION 1061
request for a run-off election in the first unit. For the time being, we
reserve ruling on the requests for a run-off election in the first and
second voting units.
In the Decision and Direction of Elections previously referred to,
the Board stated that pending the result of the elections, no final deter-
mination of the appropriate unit or units would be made. Pend-
ing the ultimate disposition of the requests for run-off elections among
the employees in the first and second voting units and the determination
of the challenges and objections in the fourth -toting unit, we shall
neither determine the appropriateness of, nor certify representatives
for, the employees in those groups. We shall, however, at this time,
certify the winning unions in the third and fifth voting units. We
find no reason, moreover, why the production and maintenance em-
ployees'in the sixth voting unit, who have selected a majority repre-
sentative, should be deprived of the opportunity to participate in
collective bargaining, pending the disposition of the issues concerning
the,employees in the first, second, and fourth voting units. We shall
therefore make a final determination as to the sixth voting unit and
shall Certify the representative selected by the employees therein,
reserving, however, our authority to amend the unit to include the
employees of the first, second, and fourth voting units, in the-event they
should ,select the same representative chosen by, ,the employees in the
sixth voting unit.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that each of the groups of employees for which we herein-
after certify exclusive bargaining representatives constitutes a unit
appropriate for the purposes of collective bargaining within the mean-
ing,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 Relations Act,
49 Stat. 449; and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations=Series 2, as amended,
IT IS, HEREBY CERTIFIED that International Association of Machinists,
Lodge No. 568,'District 114, has been designated and selected by a
majority 'of' 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, employed
by Utah Copper Company and Kennecott Copper, Corporation, Bing-
, ham` Canyon, Utah, as their representative for the purposes of collec-
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tive bargaining and that, pursuant to the provisions of Section 9 (a)
of the Act, International Association of Machinists, Lodge No. 568,
District 114, 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 C ERTIFIED that International Brotherhood of Electrical
Workers Local Union 1081, A. F. of L., has been designated and selected
by a majority of the X-ray technician, armature winders, electricians,
second electricians, third electricians, and electrician helpers, includ-
ing student employees, but excluding electrician bosses, foremen, and
supervisors, employed by Utah Copper Company and Kennecott Cop-
per Corporation, Bingham Canyon, Utah, as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, International Brotherhood of
Electrical Workers Local Union 1081, A. F. of L., is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment; and
IT IS FURTHER CERTIFIED , that International Union of Mine, Mill and.
Smelter Workers, Local No. 485, C. I. 0., has been designated and
selected by a majority of the remaining production and maintenance
employees, including axemen of the engineering department, student
employees, toe samplers, assayer helpers, and precipitation-plant
operators, but excluding electrician bosses; foremen and supervisors;
employees of the cffice, safety, and employment departments; plant
guards and property watchmen ; the hostler, locomotive engineers, and
brakemen of 'the train-operations department; yard foremen of the
track-operations department; clerks, the steno-clerk, draftsmen, the
assistant assayer assistants, the fieldman, rodmen, levelmen, chainmen,
the first instrumentmen, second instrumentmen, and third instrument-
men of the geological, assaying, and engineering departments, shop
leadmen, machinists, second machinists, third machinists, machinists
helpers, repair-gang helpers, the coppersmith, car repairers,, second
car repairers, car-repairer helpers, welders, the drill repairman, R. T.
Gallagher, A. J. McIff, Newton J. Gaskill, George Sluga, D. E. Stuart,
and William T. Steele; boilermakers, second boilermakers, third boiler-
makers, and boilermaker helpers; electric-shovel engineers, electric-
shovel cranemen, electric-shovel pitmen, locomotive-crane operators,
locomotive-crane firemen, locomotive-crane pitmen, shop-crane oper-
ators, compressor engineers, heating-plant firemen, track-shifter oper-
ators, caterpillar operators, caterpillar-operator helpers, plow oper-
pump operators, and pump-operator helpers, employed by Utah
Copper Company and Kennecott Copper Corporation, Bingham Can-
yon, Utah, as their representative for the purposes of collective bar-,
UTAH COPPER COMPANY AND KENNECOTT COPPER CORPORATION 1063
gaining and that, pursuant to the provisions of Section 9 (a) of the
Act, International Union of Mine, Mill and Smelter Workers, Local
No. 485, C. I. 0., 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.
CHAIRbi<1N MILLIS took no part in the consideration of -the above
Supplemental Decision and Certification of Representatives.