Utah Copper Co.

National Labor Relations Board - Board Decisions

Nov 2, 1943

53 N.L.R.B. 349 (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 UNION OF MINE, MILL AND
SMELTER WORKERS, FOR ITSELF AND ON BEHALF OF ITS LOCAL #485
Case Nos. R49, 720 J20-R-835 ) and R-5114 (20-R-839 ) respectively
FIFTH SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
November 2, 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 September 24, 1943, the Board
issued a Fourth Supplemental Decision, Second Direction of Run-Off
Election, and Direction 2 which, inter alia, directed the Regional
Director to open and count the challenged ballot in the second voting
group. On October 4, 1943, the Regional Director, acting pursuant
to Article III, Section 10, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued his Supplemental Re-
port on Ordered Elections, copies of which were duly served upon the
parties. No objections to the conduct of the ballot in the second
voting group or to the Election Report were filed by any of the
parties. .
In his Supplemental Report on Ordered Elections, the Regional
Director reported that the challenged ballot referred to was opened
under his supervision. As to the outcome of the counting of the
challenged ballot, the Regional Director reported as follows :
1 49 N. L. R. B. 901
2 52 N. L. R. B. 852.
53 N. L . It. B., No. 64.
349
559015-44-vol. 53-24
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of challenged ballots------------------------ -- 1
Total challenges sustained---------------------------------- 0
Total challenges overruled and opened------------------- --- 1
Total blank ballots ----------------------------------------- 0
Total void ballots ------------------------------------------ it
Total valid votes counted---------------------------------- 1
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local No. 485, C I. 0-------------------------- --
Votes cast for International Association of Machinists, Lodge
No. 568, District 114-------------------------------------
Votes cast for neither-------------------------_--------__---
1
0
0
As to the final tabulation of the result of the balloting iii the second
voting group, the Regional Director reported as follows :
Approximate number of eligible voters---------------
Total ballots cast------------------------------------------ 14
Total ballots challenged --------------------------------..--- 0
Total void ballots------------------------------------------ '1
Total valid votes counted -_ --------------------------- 14
Votes cast for International Union of Mine , Mill and Smelter
Workers, Local No. 485, C . 1.,0 ---------------------------- 4
Votes cast for International Association of Machinists, Lodge
No. 568 , District 114------------------------------------- 4.
Votes cast for neither -------------------------------------- 6
International Association of Machinists, Lodge No. 568, District
114, A. F. of L., herein called the I. A. M., has filed with the Regional
Director a request for a run-off election to be conducted by the Board
among the employees in the second voting unit. The problem arising
from the election in this unit is not covered by the recently inaugurated
Board policy with respect to run-off elections.3 We are of the opinion
that it would be inappropriate to order a run-off election in the second
voting unit, inasmuch as there is no basis for choosing between the
two unions for the purpose of deciding which should appear on the
run-off ballot, and to provide no place for a choice against repre-
sentation would be contrary to the theory of the run-off policy as
expressed in the rule. On the other hand, a majority of the employees
in this group have indicated a desire to bargain collectively with the
Company, and it appears that all other production and maintenance
employees of the Company will have chosen collective bargaining
representatives at the conclusion of this proceeding. In view of these
circumstances, we shall direct that a new election be conducted among
the employees in the second voting unit, employed during the pay-roll
period immediately preceding the date of the Second Direction of
Election herein, in which they will be given an opportunity to decide
whether they desire to be represented by the I. A. M. or by Inter-
3 National Labor Relations Board Rules and Regulations-Series 2, as amended , Article
III, Section 11, as promulgated on August 23, 1943.
UTAH COPPER COMPANY 351
national Union of Mine, Mill and Smelter Workers, Local No. 485,
C. I. 0., for the purposes of collective bargaining, or by neither.
SECOND DIRECTION OF 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, 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 represent-
atives for the purposes of collective bargaining with Utah Copper
Company and Kennecott Copper Corporation, Bingham Canyon,
Utah, an election by secret ballot shall be conducted as early as pos-
sible, bwt not later than thirty (30) days from the date of this Direc-
tion, 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, Sections
10 and 11, of said Rules and Regulations, among the employees of the
Company in the second voting group described in the Direction of
Elections issued on May 19, 1943, who were employed during said
pay-roll period immediately preceding • the date of this Direction,
including employees who did not work during that pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing 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 and have not been rehired or rein-
stated prior to the date of the election, 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.