Utah Copper Co.

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.