Utah Copper Co.

National Labor Relations Board - Board Decisions

Apr 25, 1944

56 N.L.R.B. 35 (N.L.R.B. 1944)

In the Matter Of UTAH COPPER COMPANY AND KENNECOTT COPPER
CORPORATION and INTERNATIONAL UNION OF MINE , MILL AND SnIELTER
WORKERS, FOR ITSELF, AND ON BEHALF OF ITS LOCAL UNION No. 392,
C. I.O.
Case No. 20-R-829,
SUPPLEMENTAL DECISION
CERTIFICATION, OF REPRESENTATIVES
DIRECTION
-AND
ORDER
April'°05,1944
On February 7, 1944,-the National Labor Relations Board, herein
called the Board,.issued its Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Direction of Elections,
elections by secret ballot in five voting groups were conducted .on
March 6 and 7, 1944, under the direction and supervision of the Re-
gional Director for the Twentieth Region (San Francisco, California).
Upon the conclusion of the elections, the Regional Director caused to
be furnished to the parties tallies of ballots in accordance with Article
III, Section 10, 'of National Labor Relations Board Rules and Regu-
lations-Series 3.
As to the balloting, the tallies reveal the following results :
Votizig Group No. 1
Approximate number of eligible voters---------------------------- 84
Valid votes counted--------------------------------------------- 57
Votes'cast for Local Union No. 1081, International Brotherhood of
Electrical Workers, A. F. L.------------------------------------ 14
Votes cast for International Union of Mine, Mill and Smelter
Workers, Local Union No. 392, C. I. 0.-------------------------- 38
Votes cast against participating unions----------------------=---- 5
Challenged ballots ---------------------------------------------- 20
Void ballots-----------------------1---------------------------- 0
1 54 N. L. R. B. 1151.
56 N. L. it. B., No. 9.
If - 35
36 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
Voting Group No., 2
Approximate number of eligible voters ---------------------------- 32'
Valid votes counted_____________________________________________ 28
Votes cast for Local 222, International Brotherhood of Teamsters, `
Chauffeurs, Warehousemen and Helpers, 'A., F. L______________ 2
Votes cast for International Union of Mine, Mill and Smelter Work-
ers, Local Union No. 392, C. I. O______________________________' 9
Votes, cast against participating unions________________________ _ 17
Challenged ballots__ _______________________________ 1
Void ballots----------------------------------------------------
0
Voting Group No. 3
Approximate number of eligible voters___________________________ 163
Valid votes counted_____________________________________________ 151
Votes cast for Local 605, International Brotherhood of Boiler
Makers, Iron Ship Builders, Welders and Helpers of America, •
A. F. L--------------------------------------------=--------- 12
Votes cast for'International Union of Mine, Mill and Smelter Work-
ers, Local Union No. 392, C. I. O______________________________ 100
Votes cast against participating unions__________________________ ' 39
Challenged ballots______________________________________________ 12
Voidtballots------------------------------------ ------------- ----- 1
',Voting Group No. 4
Approximate number of eligible voters___________________________ 259
Valid votes counted ------------------------ --------------------- 179
Votes cast for Lodge No. 1261, International Association of Machin-
ists, A. F., L-------------------- I---------------------------- 1
Votes cast for International Union of Mine, Mill and Smelter Work= -
ers, Local Union No. 392, C. I. O______________________________ 100
Votes cast against participating unions -------------------------- '_ 78
Challenged ballots --------------------------- --------------------- 70
Void ballots__________ ______'
Voting Group No. 5
Approximate number of eligible voters___________________________ 879
Valid votes counted ----------------------- ------------------ '____ 794
Votes cast for Utah Metal Trades Council, A. F. L_________________ 18
Votes cast for International Union of Mine, Mill and Smelter Work-
ers, Local Union No. 392, C. I. O______________________________ 441
Votes cast against participating unions__________________________ 335
Challenged ballots______________________________________________ 35,
Void ballots-----------------------------'---------------------- 1
On March 11, 1944, Utah Metal Trades -Council, A. F. L., herein
called the Metal Trades Council, filed its objections to certain conduct
alleged to have affected the results of the elections. In view of the
fact that the counting of the challenged ballots was essential to deter-
mine the results of the elections in the first and fourth voting groups,
the Regional Director investigated the validity of the challenged bat-
UTAH COPPER COMPANY 37
lots in those 'voting groups and of the Metal Trades Council 's objec-
tions. On March 23, 1944, the Regional Director issued a Report on
Challenged Ballots and Objections to Elections.
With regard to the challenges in the first voting group , the Re-
gional Director reported that the 20 employees whose ballots were
challenged in this group 2 were employed on the dates of the election in
the Company 's new powerhouse , which at the time of the hearing was
being constructed . Since, on the basis of the record, it was impossible
to"ascertain the number and nature of the duties of the electricians
and other craftsmen 'who would be employed in the powerhouse upon
completion , and since the powerhouse might not have been com-
pleted at the time of the elections , the Board stated in its Decision that
it did not consider-the employees of the proposed powerhouse to be
involved in the instant proceeding . In view thereof , we concur in the
Regional Director's recommendation that the challenges to the bal-
lots of the employees of the new powerhouse be sustained and we shall
direct that such ballots'not be counted . We find that the International
Union of Mine , Mill and Smelter Workers, Local Union No. 392,
C. I. O.,.herein called the Smelter- Workers, received a majority of the
ballots cast in the first voting group . We shall accordingly certify
the Smelter Workers as the . exclusive bargaining representative of the
employees in the first voting group , but without prejudice to'the right
of any labor organization to file a new , petition for investigation and
certification of representatives for the employees of the new, power-
house.8
The ballots which were challenged in the fourth voting group were
cast , by the following employees :
Frank Coon, Thomas Wilson, H. L. Brown, L. E. Behunime, F. L.
Sandberg, B. O. Hunter , G. E. McBride , and F . L. Clifton. They are
listed on the Company 's pay rolls as fine crushing repair bosses , repair
bosses , or repair machinist bosses, and they perform supervisory duties.
Bosses were specifically excluded from all voting units, in the Board's
Decision . The Regional Director reported that the International As-
sociation of Machinists , A. F. L., herein called 'the LA. M., and the
Smelter Workers agree that these bosses were ineligible to participate
in the election . We find that the above -named employees were ineligi-
ble to participate in 'the election . We shall accordingly sustain the
challenges to their ballots and shall direct that their ballots not be
counted.
$ Specifically , John Olsen , W. E. Dodge, E. G. Doty , H. O. Rudy, F. C. Walker, H. C.
Stevenson , Robert E. Fox, T. E. Burke,-,N . E. Rhodes, J. A. Bernard , Herbert Taylor, H. J.
Gillies, G. S. Astin, H. W. Rushton , K. C. Anderson , M. It. Ince, Edward Harvitin, J. L.
Gallyer, J. G. Novak , and F. A. Adamson: '
S Such a petition , covering the employees of the new powerhouse , was filed by the
International Brotherhood of Electrical Workers , A. P. L.,, on March 22, 1944.
I
38 . DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
G
G. L. Morris and M. M. Alldredge, listed on the Company's pay roll
as repair machinist and shop machinist, respectively, were challenged,
by the Smelter Workers on the ground that they are part-time fore-
men. The Regional Director reported that, according to the Com-
pany's records, Morris and Alldredge serve as relief foremen 2 to 4
days per month and spend the remainder of their time working as
machinists. Since they devote such a large portion of their time to
machinist work, we shall overrule the challenges to their. ballots and
shall direct that their ballots be opened and 'counted.
G. F. Ellsworth was classified, on the Company's pay=roll as a con_,
struction inspector in the mechanical engineering 'department from
August 26, 1943, to March 9, 1944. During this time, he performed
an emergency job, firing an engine which furnished heat for the new
powerhouse then under construction. -His duties differ substantially
from those assigned to all other employees in the fourth voting group.
Ellsworth was therefore ineligible to vote in that group. He may
have been eligible to vote in the fifth voting group. However, an-ad-
ditional ballot cast in the fifth voting group would not have affected
the outcome. of the election in that group. - We shall, therefore, sus-
tain the challenge to his ballot and shall direct that it not be counted.'
M. E. Richards was permanently transferred on March 3, 1944, from
a job as oiler, a classification within the fifth voting unit, to a position
as helper'in the flotation concentration repairs department, a classifica-
tion ,within the fourth voting, unit. In its Decision the,Board directed
that the employees 'of the Company eligible to vote in the elections
shall be-those who_ were employed during the pay-roll period imme-
diately preceding the date of the Direction of Elections herein. In
accordance therewith,,the pay roll of January 31, 1944; was -used to
determine eligibility for participation in the elections. Although
Richards- was'working within the fourth voting group at the time
of the election, he was transferred' into that group subsequent to tha
pay-roll date' governing eligibility to vote. He therefore failed to
meet' the requirements of our rule concerning, eligibility to vote,
namely, employment, within the appropriate,-unit . or voting group
not only on the date of the election but also on the date of the pay
roll selected to-govern eligibility.-' We shall accordingly sustain the
challenge to his ballot' and shall direct that it not be counted.
B. E. Dox f ord was permanently transferred on March 6, 1944,
from employment' within the fourth voting group to a job in the,
boiler shop, a classification within the third voting group. Since
Doxford was not employed within any single voting group, 'on the
date of the election, and the •pay-roll date, governing eligibility to vote,
4 See Matter. of Ilfanganese Ore-Company , 54 N. L . R: B. 1J92.
UTAH COPPER COMPANY 39
he was ineligible to vote in the election. We shall accordingly sus-
tain the challenge to his ballot and'shall direct that it not be counted.
K. A. Hardy was transferred from the Company's Magna machine
shop to the ore delivery engine house department on January 12, 1944.
In the Board's Decision, employees of the ore delivery department
were specifically excluded from participation in the ^ elections, since
the Railway Mediation Board had certified a collective bargaining
representative for them. The, Regional Director reported that,, ac-
cording to the Company, Hardy is on temporary loan to the ore de-
livery engine house department. However, he has now been in that
department for 2 months and the date of his return to the machine
shop is not at present known. The Smelter Workers and the I. A. M.
agree that his ballot - should not be counted. We shall sustain the
challenge to his ballot and shall direct that it not be counted.
.G. E. Smith, C. M. Turpin, S. H. Beckstead, A. L. Young, and Evan
Davis are classified as cranemen and cast challenged ballots in both
the_ fourth voting group and the fifth voting group. . They work
with the various repair crews and also perform crane work through-
out the plant. The I. A. M. and the Smelter Workers agree that
they should not be included in the ' fourth voting unit. The crane-
men do not perform the duties of any of the classifications in the
fourth voting group; they were eligible to vote in the fifth voting
group. Since the five additional ballots would not affect the outcome
of the election in the fifth voting group, we shall sustain the Regional
Director's recommendation that the challenges to the ballots of these
employees be sustained and shall direct that such ballots not be
counted. -
. The remaining 51 challenged ballots in the fourth voting group
were cast by the employees of the Company's machine shop and black-
smith shop at Magna.5 They ere challenged by the I.,A. M. on the
ground that they were engaged in repair and maintenance of the Com-
pany's Bingham and Garfield railway equipment and of equipment
used in the ore transportation service. The I. A. M. urged that they
should therefore be included, in the. bargaining units formed by the
railroad and ore delivery department employees, who were specifically
excluded by the Board from the voting units. The Regional Director
reported that the employees of the machine shop and blacksmith shop
Specifically , C. S. Archibald , Samuel Marlor , L. W. Hoskins, P. B. Cosgrove, V. 0.
ghosted, It. I. Husband , A. D. Stevens , Ray Harris, J. W. Evans, A . W. Mangrum, W. A.
Lane, H. C. Lloyd , H. G. Carsey , John 'Harrison , F. D. Farnes , L. T. Ehblad , E. S. Olsen,
W. S. Spence , L. I. Harman, George Guggisberg , George , Weichers , C: R. Call , E. B. Jones,
J. 0. Richins , Jr., G. E . Andrus, G. W . Owens, It. T. Williams, W. S. Robert, D. B. Rupp,
V. K. Brown, J H. Bowden, D. E. Jacobson , Mead Camp , J. C. Zito, James - Conti, Allen
Christenson , I. Alberico, Kenneth Todd , Sam Gillard , D. S. Marlor , E. L. Collings, John
Stewart, E . L. Welchers , J. E. Tomlin , M. A. Tuttle, C . E. Baxter, D. 0. Moon , Joseph Sever,
J. L. Thomas , A. E., Sadler , and H. E. Hill.
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were almost wholly occupied with the repair of mill machinery and
performed-only a small-amount of repair work on railroad equipment.
The employees of the machine shop and blacksmith shop were included
in_the fourth voting unit at the request of then. A. M. The I. A. M.'s'
challenges to the ballots cast by the employees of these shops therefore
constitute a complete reversal of the position taken by the I. A. M.
at the time of the hearing. In-view of these facts, we shall overrule
the challenges to'the ballots of these 51 employees and shall direct that
their ballots be opened and counted.
In its objections the Metal Trades Council alleged in substance that
the outcome of the elections was affected by the following acts and
conduct : (1) the Company has continued to recognize the Independ-
ent Association of Mill Workers, herein called the Independent, de-
spite the decree entered'by United States Circuit Court of Appeals for
the Tenth Circuit enforcing the Board's Order disestablishing the In-
dependent; 6 (2) the Company selected certain past and present officers
of the Independent to act as the Company's observers at the election;
(3) the Company permitted certain' officers of the Independent. to re-
main absent from work during the election and such officers engaged
in surveillance of employees boarding busses en route to the polls;
and (4). the Company sent to each employee shortly before the elec-
tion a letter which intimidated, coerced, and influenced the employees
in voting.
With regard `to the first ground of objection, the Regional Director
reported that, pending action by the United States Supreme Court
on the Company's petition for certiorari, the Company is continuing
to recognize the Independent. As to the second ground of objection,
the Regional Director reported that the Company selected the present
president and two past presidents of the Independent to serve as the
Company's observers at the elections. Under the protest of other par-
ties, at the opening of the polls, the Board's agent informed the officers
of the Independent,that they could not serve as observers., They were
promptly replaced by qualified observers. Concerning the third
ground of objection, the Regional Director reported that one, present
officer and one past officer of the Independent were absent from, work
with pay on March 6, 1944, the first day of the election. One em-
ployee was paid on a salary basis and-was entitled to a day off, With-
Out loss of pay. The other, being one of the disqualified Company ob-
servers, was unable to report to work and was given the day off. The
Regional Director further reported that the Board's agents were con-
stantly in the voting area and at no time saw any officers of the Inde-
U The Independent was ordered, disestablished in a Decision and Order Issued by the
Board 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 0orporat4on, 47 N. L . B. B. 757.
UTAH COPPER COMPANY 41
I
pendent in the vicinity of the polling place or observed any officer
campaigning in the bus loading area. As for the final ground of ob-
jection, we find nothing unlawful in the Company's letter, which, in
general terms, refers to the elections to be conducted by the Board,
reminds each employee to, vote, and calls attention to the harmonious
relationship existing between the Company and its employees. We
find, as did the Regional Director, that the objections do not raise
substantial and material issues with respect to the conduct of the elec-
tions, or' to conduct affecting the results thereof. The objections are
hereby overruled.
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. Pending the
ultimate determination of the challenged ballots in the fourth voting
group, we shall neither determine the appropriateness of, nor certify
representatives for, the employees in that group. We find no reason,
however, why the employees of the first, third, and fifth voting groups,
who have respectively selected a majority representative, should be
deprived of the opportunity to participate in collective bargaining,
pending the disposition of the challenged ballots in the fourth voting
Unit .7 - We shall therefore make a final determination as to the first,
third, and fifth voting groups and shall certify the representative
selected by the employees' therein, reserving, however, jurisdiction to
modify 'our determination to include in the appropriate unit- the em-
ployees of the fourth voting group in the event that they select the
same representative chosen by the employees'of the first, third, and fifth
voting groups. Since the results of the election in the second voting,
group show that no collective bargaining representative has .been
selected by a majority of the employees voting therein, the petition of
the Smelter Workers for investigation and certification of represen-
tatives insofar as it concerns the employees of this voting group 'will
therefore be dismissed.
SUPPLEMENTAL FINDINGS OF FACT - +
We find that the group of employees for which we hereinafter certify
an exclusive bargaining representative constitutes a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (c) 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
'As hereinabove indicated , the challenged ballots in the third and fifth voting groups
could not have affected the results , of the elections in those groups.
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.Act, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3,
IT IS 'HEREBVCERTIFIED that -International Union of Mine, Mill and
Smelter Workers, Local Union No. 392, C. I. 0., has been designated'
and selected by a majority of the employees of the electrical depart-
ment, the central station, the boiler shop, the tin shop, and the rigger
department, and the remaining production and maintenance employees,
including part-time employees, gardeners, carpenter repairman, and
office janitors , but excluding foremen, subforemen , shift bosses,
bosses, guards, watchmen, office employees, clerical employees, tech-
nical employees; foremen's clerks, timekeepers, material clerks, and the
employees of the new powerhouse, ore delivery back shop department,
ore delivery engine house department, ore delivery- car shop depart-
ment, machine shop, blacksmith shop, pipe shop, repair machinist de-
partment, mechanical repairmen, repair helpers, garage machinists,
foundry machinists, truck drivers of the yards department, warehouse-
men, canal patrolmen, ambulance drivers, 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, employed by Utah Copper Company and Kennecott Cop=
per Corporation, Salt Lake City, Utah, as their representative for the
purposes of collective bargaining, and.that, pursuant to the provisions
of Section 9 (a) of the Act, International Union of Mine , Mill and
Smelter Workers, Local Union No. 392, C. I. 0., is the exclusive repre-
sentative of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other con-
ditions of employment. -
DIRECTION
By virtue of and pursuant to the power . vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to,Article III, Sections 9' and 10, of the
National Labor Relations Board Rules, and Regulations-Series 3,
it is hereby -
DIRECTED that, as part of the investigation to ascertain representa-
tives'for the purposes of collective bargaining with Utah Copper Com-
pany and ' Kenneeott Copper Corporation, Salt Lake City, Utah, the
Regional Director for the Twentieth Region, shall, pursuant to the
said Rules and Regulations and subject to Article III, Section 10,
of said Rules and Regulations, within ten (10) days from the date of
this Direction, open and count the challenged ballots of G. L. Morris,
M. M. Alldredge, C. - S. Archibald, Samuel Marlor, L. W. Hoskins,
P. B. Cosgrove, V. O. Shosted, R. I. Husband, A. D. Stevens, Ray
Harris, J: W: -Evans, A. W. Mangrum, W. A. Lane, H. C. Lloyd,
UTAH COPPER COMPANY 43
H. G. Carsey, John Harrison, F. D. Fames, L. T. Ehblad, E. S. Olsen,
W. C. Spence', L. I. Ha'r'man, George Guggisberg, George. Weichers,
C. R. Call, E. B. Jones, J. O. Richins, Jr., G. E. Andrus, G. W.
Owens, R. T. Williams, W. S. Robert, D. B. Rupp, V. K. Brown,
J. H. Bowden, D. E. Jacobson, Mead Camp, J. C. Zito, James Conti,
Allen Christenson, I. Alberico, Kenneth Todd, Sam Gillard, D. S.
Marlor, F. L. Collings, John Stewart, E. L. Weichers, J. E. Tomlin,
M. A: Tuttle, C. E. Baxter, C. O. Moon, Joseph Sever, J. L. Thomas,'
A. E. Sadler, and H. E. Hill, and not count the ballots of Frank'
Coon, Thomas Wilson, H. L. Brown, L. E. Behunine, F. L. Sandberg,
B. O. Hunter, G. E. McBride, F. L. Clifton, G. F. Ellsworth, M. E.
Richards, B. E. Doxford, K. A. Hardy, G. E. Smith, C. M. Turpin,
S. H. Beckstead,' A. L. Young, and-Evan Davis in the fourth voting
group, and not count the ballots of John Olsen, W. E. Dodge, E. G.
Doty, H. O. Rudy, F. C. Walker, H. C. Stevenson, Robert E. Fox,
T. E. Burke, N. E. Rhodes, J. A. Bernard, Herbert Taylor, H. J.
Gillies, G. S. Actin, H. W. Rushton, K. C. Anderson, M. R. Ince,
Edward Harvitin, J. L. Gallyer, J. G. Novak, and F. A. Adamson
in the first voting unit, and thereafter prepare and cause to be served
upon the parties a Supplemental Election. Report embodying his find-
ings therein and his recommendations as to the result of the secret
ballot in the fourth voing group.
ORDER
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, and pursuant to Article III, Sections 9 and 10, of National.Labor
Relations Board Rules and Regulations-Series 3,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation' of representatives of employees of Utah Copper Company and
Kennecott Copper Corporation, Salt Lake City, Utah, filed by Inter-
national Union of Mine, Mill and Smelter Workers, Local Union No.
392, C. I. 0., insofar as it concerns the Company's truck drivers of
the yards department, warehousemen, canal patrolmen, and ambulance
drivers, including part-time employees, but excluding foremen, sub-
foremen, shift bosses,, bosses, foremen's, clerks, material clerks, time-
keepers, and all supervisory employees with authority to hire, pro-
mote, dicharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action, be, and it hereby
is dismissed.
CHAIRMAN Mriaas took no part in the consideration of the above
Supplemental Decision, Certification of Representatives,, Direction
and Order.