Utah Copper Co.

National Labor Relations Board - Board Decisions

Feb 7, 1944

54 N.L.R.B. 1151 (N.L.R.B. 1944)

In tte Matter of UTAH COPPER COMPANY AND KENNECOTT COPPER
CORPORATION and INTERNATIONAL UNION OF MINE, MILL AND
SMELTER WORIcERS, FOR ITSELF, AND ON BEHALF OF ITS LOCAL UNION
No.' 392, C. I. O.
Case No. 20-R-829.-Decided February 7, 1944
Messrs. C. C. Parsons and A. D. Moffat, of Salt Lake City, Utah,
for the Company.
Mr. Willard Y. Morris, of Denver, Colo.; Messrs. Howard Lee and
Dan Edwards, of Salt Lake City, Utah; and Mr. Lloyd D. Land, of
Murray, Utah, for the Smelter Workers.
Mr. A. H. Petersen, of Salt Lake City, Utah, for the Metal Trades
Council.
Mr. A. L. Srnith, of Denver, Colo., for the I. B. E. W.
Mr. W. 0. Peters, of Salt Lake City, Utah, for the I. A. M.
Mr. Frank Delvie, of'Salt Lake City, Utah, for the Teamsters.
Mr. J. Rhead Pendleton, of Salt Lake City, Utah, for the Boiler-
makers.
111r. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Mine, Mill and
Smelter Workers, for itself, and on behalf of its Local Union No. 392,
C. I. 0.,' herein called the Smelter Workers, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees at the Arthur and Magna Mills of Utah Copper Company
and Kennecott Copper Corporation, Salt Lake City, Utah, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before John Paul Jen-
nings, Trial Examiner. Said hearing was held at Salt Lake City,
Utah, on October 21, 22, and 23, 1943. At the commencement of the
hearing, the Trial Examiner granted'the motions to intervene filed
1 The name of the Smelter Workers appears herein as amended at the bearing.
54 N. L. R. B., No. 177.
1151
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the following organizations, collectively called herein the AFL
Unions : Utah Metal Trades Council, A. F. of L., herein called the
Metal Trades Council; Lodge No. 1261, International Association of
Machinists, A. F. of L., herein called the I. A. M.; Local Union No.
1081, International Brotherhood of Electrical Workers, A. F. of L.,
herein called the I. B. E. W.; Local 605, International Brotherhood
of Boiler Makers, Iron Ship Builders, Welders and Helpers of
America, A. F. of L., herein called the Boilermakers; and Local 222,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers, A. F. of L., herein called the Teamsters. At the be-
ginning of the hearing, the Trial Examiner denied the motion' to
intervene filed by Independent Association of Mill Workers, herein
called the Independent. The Independent also filed a petition, re-
questing that the Board direct an election and that the name of the
Independent appear on the ballot. Ruling thereon was reserved for_
the Board by the Trial Examiner. The petition is hereby denied.2
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed."
On October 30 and November 1, 1943, respectively, the Smelter
Workers and the I. B. E. W. filed briefs, which have been considered
by the Board.
Upon the entire record in, the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Utah Copper Company, a Delaware corporation, is a wholly owned
and controlled subsidiary of Kennecott Copper Corporation, a New
York corporation. Utah Copper Company, as agent for,Kennecott
Copper Corporation, operates a large open-pit `copper mine, as well
as bleaching and precipitation plants and other properties, located
at Bingham Canyon, Utah. Utah Copper Company also operates
the two mills, involved in the present proceeding, known as the Arthur
and Magna mills, which are located approximately 17 miles from the
mine.
Ore is shipped from the mine to the Arthur and Magna mills,
where the ores are reduced to copper concentrates. These concen-
trates, and a small amount of concentrates produced at the mine,
2 The Independent was ordered disestablished by the Board 's Decision and Order issued
on February 20, 1943 See Utah Copper Company v N. L R. B, 139 F (2d) 788 (C C A 10),
enforcing Matter of Utah Copper Company, a Corporation , 47 N L R B 757
S The Trial Examiner reserved ruling for the Board upon the motion of the Metal Trades
Council that no election be held in the present proceeding until after the 10th Circuit Court
of Appeals rendered its decision in the then pending litigation over the Board 's Order of
disestablishment in Case C-2354-5 Since the court rendered its decision in December
1943, the motion is now moot See footnote 2, supra.
567900-44-vol 54-73
UTAH COPPER COMPANY 1153
are in turn smelted at Garfield, Utah, in a smelter adjacent to the
Company's property, operated by American Smelting and Refining
Company. Blister copper, the resultant of th-3 smelting operation, is
shipped to three refineries operated by American Smelting and Re-
fining Company in the States of Maryland, New Jersey, and Wash-
ington. There, the blister copper 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.
During the period from September 1, 1942, to August 31, 1943, ap-
proximately 319,540 tons of blister copper smelted from concentrates
produced at the Arthur and Magna mills, were shipped to refineries
outside the State of Utah. During the same period, 10,872 tons of*
molybdenite concentrates, produced as a byproduct at the mills, were
shipped outside the State of Utah. The Company admits that it is
engaged in commerce within the meaning of the National Labor Re-
lations Act. The Company employs approximately 1,320 non-super-
visory employees at its Arthur and Magna mills.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill and Smelter Workers, Local
Union No. 392, is a labor organization affiliated with the Congress of
Industrial Organizations , admitting employees of the Company to,
membership.
Utah Metal Trades Council ; Lodge No. 1261 , International Asso-
ciation of Machinists ; Local Union No. 1081 , International Brother-
hood of Electrical Workers ; Local 605, International ' Brotherhood of
Boiler Makers, Iron Ship Builders, Welders and Helpers of America;
and 'Local 222 , International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers are labor organizations affiliated with
the American Federation of Labor , admitting employees of the Com-
pany to membership.
III. THE QUESTIONS CONCERNING REPRESENTATION
On August 17 and again on August 25, 1943, the Smelter Workers
by letter requested that the Company recognize it as the collective
bargaining representative of the Company's employees at the Arthur
and Magna Mills. The Company did not reply to either letter, and,
at the hearing, all parties stipulated that the Company refused to grant
the request of the Smelter Workers because of the pendency of pro-
ceeding in Case No. C-2354-5 in the United States Circuit Court of
Appeals for the Tenth Circuit, involving the validity of the Board's
Order that the Company disestablish and withdraw recognition from
1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.the Independent-' and also because the Company questioned that the
Smelter Works represented a majority of the employees at the two
mills. Statements of the Trial Examiner introduced in evidence show
that the Smelter Workers and the AFL Unions each represents a
.substantial number of employees in the unit each claims to be appro-
priate.5
See footnote 2, supra
6 The Trial Examiner repotted that the Smelter workers submitted 664 wage assign-
sments covering check-off of dues, of which 289 were undated and the remainder were dated
as follows • 1 in 1938, 8 in 1939, 46 in 1940, 140 in 1941, 1 in 1942, and 209 in 1943. All
,assignments bear apparently genuine original signatures, and, according to the representa-
tion of the Smelter Workers to the Trial Examiner, none of the assignments have been
revoked. The Smelter workers also submitted to the Trial Examiner 27 authorization
,cards dated during 1943 and 15 applications for membership, of which 1 is undated and
the remainder are dated as follows . 11 in 1943, 2 in 1942, and 1 in 1941. The Trial
'Examiner ascertained that 412 of the 706 names appearing upon the assignments, authoriza-
tions, and applications also appear upon the pay roll of October 15, 1943, which contains the
names of approximately 1,389 employees within the unit alleged to be appiopriate by the
;Smelter Workers.
The Trial Examiner further reported that the Metal Trades Council submitted 361
,authorization cards, dated on or after October 19, 1943, as proof of representation for
itself and also for the I. B. E. W., the I. A. M., the Boilermakers , and the Teamsters.
'In addition, the Boilermakers submitted 13 authorization cards, dated in June 1943;
the I A. M presented 45 authorization cards and 2 application cards designating the
Boilermakers, all dated in October 1943; the I. B. E W. submitted 32 authorization
.cards of which 2 were undated and the remainder were dated as follows : 8 in June 1943,
1 in September 1943, and 21 in October 1943. All 452 cards bore apparently genuine
original signatures, of which 361 appeared upon the Company's pay roll of October 15,
-1943. A total of 62 employees signed authorization cards for both the Smelter Workers
.and the AFL Unions.
The Trial Examiner also examined the cards in order to determine the representation
,of the AFL Unions and the Smelter Workers within the units alleged to be appropriate by
the Teamsters, the I. B. E W., the Boilermakers, and the I. A. M. This examination
.revealed that the Metal Trades Council had presented authorization cards signed by 17
,employees within the unit alleged by the Teamsters to be appropriate, and that the Smelter
Workers had submitted 5 authorizations signed by employees within such unit, which
included approximately 30 employees.
The examination further revealed that the I. B. E. W . had submitted authorization
cards signed by 27 employees within the unit alleged by the I. B. E. W. to be appropriate
and that the,Smelter Workers had presented 27 authorizations by employees within such
unit, which embraced 68 employees. Nine employees had signed authorization cards for
iboth the I. B. E. W. and the Smelter Workers.
The examination likewise revealed that the Boilermakers had submitted 1 authorization
,card designating the Boilermakers and 56 authorization cards designating the Metal Trades
Council, all signed by employees within the unit claimed by the Boilermakers to be
appropriate and that the Smelter Workers had submitted 79 authorizations signed by
,employees within such unit, which embraced a total of 171 employees. Thirteen employees
had signed authorization cards for both the Metal Trades Council and the Smelter
Workers.
The examination similarly revealed that the I. A M had submitted 45 cards designating
-the I. A. M, 69 cards designating the Metal Trades Council, and 2 cards designating the
'Boilermakers, all signed by employees within the unit urged by the I. A. M. and that.
.the Smelter Workers had submitted 84 authorizations signed by employees in such
unit, which included approximately 286 employees Of these employees, 13 had signed
.designations for iboth the AFL and the Smelter Workers.
The Trial Examiner reported, in conclusion, that the AFL Unions submitted approxi-
mately 45 cards signed by employees not within the unit alleged by them to be appropriate.
,Of these cards, approximately 15, submitted by the I. B. E. W. and the Boilermakers,
contained the names of employees in the ore delivery department, and approximately 30
caids, presented . by, the Metal Trades Council, contained the names of clerical or technical
,employees.
UTAH COPPER COMPANY 1155
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 ; THE DETERMINATION OF REPRESENTATIVES
A. Contentions of the- parties
The Smelter Workers contends that all production and maintenance
'employees of the Company's Arthur and Magna mills, excluding
supervisory, office, clerical, and technical employees, timekeepers,
guards, watchmen, office janitors, and the employees of the ore deliv-
ery back shop department, ore delivery engine house department, and
ore delivery car shop department,6 constitute a unit appropriate for
the purposes of collective bargaining. The Company, in general,
agrees with the contentions of the Smelter Workers regarding the
unit issue.
On the other hand, the I. B. E. W., the Boilermakers, the I. A. M.,
and the Teamsters each seeks a bargaining unit composed of certain
skilled employees of both mills. The Metal Trades Council urges, in
general, a unit composed of the remaining production and mainte-
nance employees who are not included in the units sought by the other
AFL Unions.
The production process, equipment, and organization of the Arthur
and Magna mills are, in general, identical. Ore from the Company's
Bingham Canyon mine, 17 miles distant from the mills, is delivered
by the company-owned railroad and is dumped from the cars into a
large crusher in the coarse-crushing department. There, the ore is
ground and is transferred by means of gravity to the fine-crushing de-
partment, where it is ground still further. Conveyor belts carry the
ore from the fine-crushing department to the ball mill department,
where it is mixed with water and ground to the consistency of fine
powder. The ore thus processed then passes to the de-watering de-
partment which removes nearly all the water. The finely ground ore
is transported to the flotation department. There, chemicals are
added, separating the ore concentrate from the refuse. The concen-
trate, the ultimate product of the milling process, is shipped to the
smelter of another company. The Company obtains the water supply
required by its operations, manufactures lime for use in the milling
process, and has other departments accessory to its principal opera-
tions. The Company and the labor organizations agree to the inclu-
sion in the unit of all eligible employees of these accessory departments.
6 The Railway Mediation Board has certified the Railway Shop Department of the Ameri-
can Federation of Labor as the representative of all employees of the ore delivery
departments.
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In charge of the operations of each mill is a mill superintendent
under a general superintendent who supervises the entire operations
of both mills. Employees of each mill are divided into the lnechani-
cal, electrical, construction or carpenter, operations, and metallurgi-
cal departments, supervised respectively by a master mechanic, plant.
electrician, carpenter foreman, three mill foremen, and metallurgical
engineer. An extraordinarily large maintenance crew is-employed at,
each mill, repairing machinery and equipment' and making replace-
ment parts, and its members are classified under various repair depart-
ments and mechanical shops. When working in the mill, the repair
and shop employees, who greatly outnumber the employees engaged
in the operation departments, generally work as crews composed of
groups of employees from different crafts or with different skills,
each employee performing the type of repair work for which he is
qualified.
The I. B. E. W. seeks to represent the employees of the electrical
department at each mill, classified as armature winders, electricians,
apprentices, and helpers, and also the employees of the central station
at Magna, classified as linemen, load dispatchers, and helpers. These
employees are under the supervision of the plant electrician and elec-
tric foremen. The electrical department employees work either in
the electric shop or in repair work throughout the plant. The em-
ployees of the central station spend their time either in the Company's
powerhouse or central station, or away from the mills, repairing or
maintaining power lines from the central station to the mills or to the
mine at Bingham. Although the employees of the central station are
not all skilled electricians, as are most of the electrical department
employees, the employees within the unit proposed by the I. B. E. W.
exercise common seniority and are engaged in electrical work under
common supervision.'
The unit urged-,by the Teamsters embraces the truck drivers of the
yards department, warehousemen and the material clerk in the plant
warehouse at each mill, canal patrolmen in the initial water supply
department at Magna, and ambulance drivers. The truck drivers,
canal patrolmen, and ambulance drivers have the common duty of
driving motor-powered vehicles. The warehousemen check in sup-
plies delivered by the truck, drivers and store them in appropriate
places in the warehouses.
Included in the unit proposed by the Boilermakers are the employees
of the boiler shop, the tin shop, and the rigger department. The em-
7 At the time of the hearing a new powerhouse was being constructed . When in opera-
tion , the powerhouse will employ electricians and other craftsmen . Since, on the basis
of the record before us , it is impossible to ascertain the number of such craftsmen and
the nature of their duties , and since the powerhouse may not be completed at the time
of the elections, 'de shall consider that the employees of the proposed powerhouse are not
involved in this proceeding.
UTAH COPPER COMPANY 1157
ployees of the boiler shop are classified as layer-out, welders of various
grades, boilermakers, cranemen, machinemen, shear and punch men,
apprentices, and helpers. They spend their time either in the boiler
shop or in the plant working in conjunction with other craftsmen on
repair work. The employees of the tin shop work either in the mill or
in the shop, which at Artliur is located in the boiler shop and at Magna
is located in the machine shop. The employees of the rigger depart-
ment are classified as cranemen and helpers on the pay roll and work
throughout the plant, unloading or moving heavy machinery and
assisting in any construction work.
The I. A. M. urges a unit composed of the employees of the machine
shop, blacksmith shop, pipe shop, repair machinist department, and
certain mechanical repairmen and repair helpers. The machine shop
employees are classified as machinists, machinemen, machinist appren-
tices, helpers, and cranemen. They work either in the shop or in the
plant making necessary repairs in conjunction with other craftsmen.
The blacksmith shop employees include blacksmiths, hammermen, and
helpers, working for the most part in the blacksmith shop. Pipe shop
employees spend a large part of their time in the plant. Repair ma-
chinists are a crew of skilled machinists under the supervision of the
crushing repairs foreman or flotation repairs foreman. They spend
substantially all their time in repair work in the mills. Machinist re-
pairmen are semi-skilled employees engaged in the maintenance of the
operating equipment of the mills, being assisted by helpers and crane-
men. , Certain machinist repairmen are carpenters, who are not claimed
by the I. A. M. but are included in the residual unit sought by the
Metal Trades Council.
The Metal Trades Council desires to represent the remaining pro-
duction and maintenance employees not included in the units urged by
the other AFL Unions. The Smelter Workers and the Company deny
the appropriateness of the units sought by the AFL Unions and insist
that a single industrial unit of all production and maintenance em-
ployees of both mills is appropriate for collective bargaining purposes.
In support of its contentions for an industrial unit, the Smelter
Workers points to the fact that the Board has previously found that
the production and maintenance employees of the Arthur and Magna
mills constituted an appropriate unit 8 and to the history of collective
bargaining between the Company and the Independent upon an indus-
trial unit basis. Pursuant to the Board's direction, an election and
a run-off election were held in August and September 1938, respec-
tively, but neither of the labor organizations succeeded in winning the
election.9 A prior determination that a certain unit is an appropriate
8 Matter of Utah Copper Company , a Corporation , 7 N L. R. B 928
*Matter of Utah Copper Company, a Corporation , 8 N. L. R . B. 968; 9 N. L. R B. 775.
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining unit is'a circumstance which is given weight by the Board
in a subsequent proceeding involving the same plant or company, but
when such prior determination has not resulted in either a certifica-
tion or in any bona fide collective bargaining history, the prior deter-
mination is not controlling.10 A consent election, based upon the
stipulation of the parties, was held in July 1939 on an industrial unit
basis and was won by the Independent. However, the Board subse-
quently found that the Independent was dominated by the Company
and ordered that the Independent be disestablished 11 Since we. have
found that the Company dominated and interfered with the formation
and administration of the Independent and contributed support
thereto, the experience of the Independent in collective bargaining is
not significant and cannot be accorded weight as indicative of the
employees' own desires concerning the definition of a unit appropriate
for the purposes of collective bargaining.12
It is apparent, from the above statement of the claims of the
I. B. E. W., I. A. M., Teamsters, and Boilermakers, 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
craft units13 While the integrated nature of the mill operations indi-
cates the appropriateness of a single unit embracing all production
and maintenance employees, the units sought by the craft organiza-
tions are composed of skilled employees, their apprentices and helpers,
engaged in duties which make their problems similar. As indicated
previously in Section III, each of the craft organizations has organ-
ized substantial numbers of employees in craft groups heretofore de-
scribed, and the Metal Trades Council has organized a substantial
number of the employees not within the craft groups. The Smelter
Workers, on the other hand, has enlisted the membership of a substan-
tial number of employees on an industrial basis.
From the foregoing it appears that the employees in the units pro-
posed by the AFL Unions might properly constitute separate bar-
gaining units or might be merged in a single unit with all other
production and maintenance employees. In this situation, our deter-
mination of the bargaining unit or units will depend, in part, upon
the results of separate elections, hereinafter directed.'4
10 See Matter of Kentucky Fluorspar Company, 52 N. L. R. B. 227.
11 See footnote 2, Supra.
32 See Matter of The Pure Oil Company, 8 N L. R B. 207; Matter of No,ristoicn Boar
Company, 32 N. L. R. B 895, and cases cited therein
11 The record shows that the employees within the I. A. M.'s unit are engaged in work
generally common to all, I e., mechanical work. The employees the Boilermakers seek to
represent are jointly engaged in sheet metal and steel construction work.
14 See Matter of Utah Copper Company, 49 N. L. R. B. 901, and cases cited therein.
UTAH COPPER COMPANY 1159`
B. The voting units
There remains for consideration the specific composition of the,
voting groups. The parties are in agreement as to the exclusion of
foremen, subforemen, shift bosses, guards, watchmen, office employees,
clerical employees, technical employees, and employees of the ore,
delivery back shop department, ore delivery engine house department,.
and ore delivery car shop department. We shall exclude such em-
ployees from the unit.
The Metal Trades Council would include and the Smelter Workers-
would exclude the following employees :
(1) Foremen's clerks work outside the main office building, but they-
spend their time exclusively in clerical work in the foremen's offices.
Normally, they seek promotion through the office and not as production
or maintenance employees. We shall exclude foremen's clerks from
the voting units.
(2) Gardeners care for the lawns, trees, and shrubbery on the Com-
pany's premises during most of the year. During the winter months-
they perform odd jobs in the plant. Since they apparently are en--
gaged part of the year in production and maintenance work, we shall
include gardeners in the residual voting unit.
(3) Timekeepers. It appears that the Company employes no time-
keepers in the normal sense of the term and that time records are com-
puted in the main office from time-cards punched by the employees as-
they enter and leave the plant. Since timekeepers obviously perform
clerical functions, we shall exclude timekeepers from the voting unit.-
(4) Office janitors. All parties would include the janitors who work
in the mills. The janitors of both the mills and the offices are engaged
in cleaning work, although the work in the office is somewhat more
pleasant than that in the mill. The shop janitors are, for the most
part, old employees who have worked for many years in the mills and
are no longer able to perform their regular work. The office janitors;
are mostly women. Office janitors may bid for jobs in the shops and_
shop employees are eligible to seek the jobs of office janitors. Since it
appears that the interests of office janitors are more closely related to,
those of production and maintenance employees than to those of office
employees, we shall accordingly include office janitors in the residual,
voting unit.
The Metal Trades Council and the Smelter Workers would include,
part-time employees in the unit each claims to be appropriate, but the,
Company urges their exclusion. The part-time employees are com-
posed of two groups, farmers living in the vicinity, and students of
neighboring schools. The farmers work for the Company 4 days per
week. During the summer, the students over 17, but under 18, years of
age work 40-hours per week; those over 18 work 48 hours. They
_1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
acquire no seniority rights until they become 18. During the school
year the students work Saturdays and Sundays. In view of these
facts, we shall include part-time employees in the voting units.15
The Teamsters would include in its unit, and the Smelter Workers
would exclude, warehouse material clerks who keep records of supplies
on hand and make inventories. Since their duties are similar, if not
identical, to those of foremen's clerks, we shall exclude material clerks
from the voting units.
Machinists of the garage and foundry were not specifically included
in the I. A. M.'s unit. Since these employees apparently are engaged
in duties similar to those of other machinists the I. A. M. desires to
.represent, we shall include them in the machinists' voting unit.
All parties agreed to the inclusion in the unit of employees classified
as bosses. On the basis of the record before us, we cannot acquiesce in
-the request of the parties. It is contended that the bosses are simply
leadmen. However, they assign work, relay orders, and have author-
ity to recommend the discipline of their subordinates. They are paid
a higher rate than the men in their gangs. We shall exclude bosses
from all voting units.16
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's Arthur and Magna mills within the groups described
below :
(1) The employees of the electrical department and of the central
station, including part-time employees, but excluding foremen, sub-
foremen, shift bosses, bosses, foremen's clerks, timekeepers, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action, 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;
(2) The truck drivers of the yards department, warehousemen,
canal patrolmen, and ambulance drivers, including part-time em-
ployees, but excluding foremen, subforemen, shift bosses, bosses, fore-
men's clerks, material clerks, timekeepers, and all supervisory em-,
ployees with authority to hire, promote, discharge, discipline, or oth-
erwise effect changes in the status of employees or effectively recom-
mend such action, to determine whether they desire to be represented
by the Teamsters or by the Smelter Workers, for the purposes of
collective bargaining, or by neither;
11 See Matter of Utah Copper Company, 49 N. L. R. B. 901.
16 Cf. Utah Copper Company v. N. L. R B , 139 F (2d) 788 (C C A 10), enforcing Matter
of Utah Copper Company, a Corporation, 47 N L. R B. 757 Bosses were there found to be
supervisory employees.
UTAH COPPER COMPANY 1161
(3) The employees of the boiler shop, the tin shop, and the rigger
department, including part-time employees, but excluding foremen,
subforemen, shift bosses, bosses, foremen's clerks, timekeepers, and
all supervisory employees with authority to hire, promote, discharge,.
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action, to determine whether they desire
to be represented by the Boilermakers or by the Smelter Workers,
for the purposes of collective bargaining, or by neither;
(4) The employees of the machine shop, blacksmith shop, pipe
shop, and repair machinist department, and mechanical repairmen
and repair helpers, including part-time employees, garage machin-
ists, and foundry machinists, but excluding foremen, subforemen, shift,
bosses, bosses, carpenter repairmen, foremen's clerks, timekeepers, and
all supervisory employees with authority to hire, promote, discharge,.
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action, 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; and
(5) The remaining production and maintenance employees, in-
cluding part-time employees, gardeners, and office janitors, but ex-
cluding foremen, subforemen, shift bosses, bosses, guards, watchmen,
office employees, clerical employees, technical employees, foremen's,
clerks, timekeepers, material clerks, and employees of the ore deliv-
ery back shop department, ore delivery engine house department, and
ore delivery car shop department, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees or effectively recommend such
action, to determine whether they desire to be represented by the
Metal Trades Council or by the Smelter Workers, for the purpo§es
of collective bargaining, or by neither.
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the election.
We shall 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 3, it,is hereby
1162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Utah Copper Com-
pany, and Kennecott Copper Corporation, Salt Lake City, Utah, elec-
tions 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 Twen-
tieth 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 Arthur and
Magna mills in each of the groups described below who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including any such employees who did not work dur-
ing that pay-roll period because they were ill or on vacation or tempo-
rarily 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 and
have not been rehired or reinstated prior to the date of the election :
(1) The employees of the electrical department and of the central
-station, including part-time employees, but excluding foremen, sub-
-foremen, shift bosses, bosses, foremen's clerks, timekeepers, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action, to determine whether they desire
to be represented by Local Union No. 1081, International Brotherhood
'of Electrical Workers, A. F. of L., or by International Union of Mine,
Mill and Smelter Workers, Local Union No. 392, C. I. 0., for the
purposes of collective bargaining, or by neither;
(2) The truck drivers of the yards department, warehousemen,
canal patrolmen, and ambulance drivers, including part-time em-
ployees, but excluding foremen, subforemen; shift bosses, bosses, fore-
men's clerks, material clerks, timekeepers, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees or effectively recommend
'such action, to' determine whether they desire to be represented by
Local 222 International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers, A. F of L., or by International Union of Mine,
Mill and Smelter Workers, Local Union No. 392, C. I. 0., for the pur-
poses of collective bargaining, or by neither;
(3) The employees of the boiler shop, the tin shop, and the rigger
department, including part-time employees, but excluding foremen,
subforemen, shift bosses,-bosses, foremen's clerks, timekeepers, and all
supervisory employees with authority to hire, promote, discharge,
-discipline, or otherwise effect changes in the status of employees or
effectively recommend such action, to determine whether they desire
UTAH COPPER COMPANY 1163
to be represented by Local 605, International Brotherhood of Boiler
Makers, Iron Ship Builders, Welders, and Helpers of America, A. F.
of L., or by International Union of Mine, Mill and Smelter Workers,
local Union No. 392, C. I. 0., for the purposes of collective bargaining,
or by neither;
(4) The employees of the machine shop, blacksmith shop, pipe
shop, and repair machinist department, and mechanical repairmen
and repair helpers, including part-time employees, garage machin-
ists, and foundry machinists, but excluding foremen, subforemen, shift
bosses, bosses, carpenter repairmen, foremen's clerks, timekeepers,
and all supervisory 'employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees or effectively recommend such action, to determine whether
they desire to be represented by Lodge No. 1261, International Asso-
ciation of Machinists, A. F. of L., or by International Union of Mine,
Mill and Smelter Workers, Local Union No. 392, C. I. 0., for the
purposes of collective bargaining, or by neither; and
(5) The remaining production and maintenance employees, includ-
ing part-time employees, gardeners, and office janitors, hut excluding
foremen, subforemen, shift bosses, bosses, guards, watchmen, office
employees, clerical employees, technical employees, foremen's clerks,
timekeepers, material clerks, and employees of the ore delivery back
shop department, ore delivery engine house department, and ore de-
livery car shop department, and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees or effectively recommend such
action, to determine whether they desire to be represented by Utah
Metal Trades Council, A. F. of L., or by International Union of Mine,
Mill and Smelter Workers, Local Union No. 392, C. 1. 0., for the pur-
poses of collective bargaining, or by neither.