Utah Cooper Co.

In the Matter Of UTAH COPPER COMPA14Y AND KENNECOTT COPPER COR- PORATION and INTERNATIONAL UNION OF MINE, MILS. AND SMELTER WORKERS, FOR ITSELF, AND ON BEHALF OF ITS LOCAL UNION NO. 392, C.I.O. -, Case No. 208,829 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 02, 1944 On February, 7, 1944, the National Lab'or Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled proceeding. Pursuant to the Direction of Elections,, elections by secret ballot were conducted on March'6 and 7, 1944, under the direction - and supervision of the Regional Director- for the, Twentieth Region -(San Francisco, California). On'April 24, 1944, the Board issued a Supplemental Decision, Certification of Representa- tives,, Direction, and Order 2 which, inter alia, directed the Regional Director to open and count certain challenged ballots in the fourth voting group. On May 2, 1944, the Regional Director caused to be furnished to the parties a revised tally of ballots in the fourth voting- group, in accordance with Article III, Section 10, of National Labor- Relations Board Rules and Regulations-Series 3. The revised tally of the ballots revealed the following results : Approximate number of eligible voters------------------------ 250 Challenged ballots counted ---------------------------------- 53 Total votes counted ----------------------------------------- 232 Votes cast for Lodge No. 1261, International Association of Machinists, A. F. L--------------------------------------- 27 Votes cast for International Union of Mine, Mill and Smelter - Workers, Local Union No. 392, C.J. 0---------------------- 112 Votes cast against participating unions----------------------- 03 Void ballots----------'-------------------------------------- 0 On'May 19, 1944,'the In Association of Machinists, A. F. L., herein called the L A. M., filed with the Board a statement setting- , 154N L R B. 1151 2 56 N. L. R. B. 35. 57 N. L. R. B., No., 105. 601248-45-vol. 57-42 641 P ,642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD forth its contentions with respect to the question of whether certain employees of the Company's Magna machine and blacksmith shops, are subject to the Board jurisdiction. On June 1, 1944; pursuant, to the provisions of Article III, Section 11, of the Board's Rules and Regulations; a run-off election was con- ducted in the fourth voting group. Upon the conclusion of the elec- tion,-the Regional Director caused to be furnished to the parties tallies of ballots, in accordance with Article III, Section 10, of the Board's Rules and Regulations. As to the balloting, the tally reveals the following results: Approximate number of eligible voters----------------------- 231 Valid votes counted ------------------------------------------ 192 Votes-cast-for International. Union of Mine, Mill-, and>-Smelter,.a - Workers, Local Union No. 392, ^C I. 0---------------------- 134 Votes cast against participating union---------------------- 58 Challenged ballots------------------------------------------ 5 Void ballots--------------------------------------- ------ 0 On June 14,1944, the Regional Director issued this Run-Off Election Report. On June 29, 1944, the I. A. M. filed its Exceptions to" Run- Off Election Report. The I. A. M. contends that the employees of the Company's Magna machine and blacksmith shops are not within the,Board's jurisdiction but instead are subject to the Railway'Labor Act.' The statement and exceptions of the I. A. M. and the report of the Regional Director indicate that the status of these employees is far' from clear. In 1940, the Railroad Retirement Board in its decision 4 stated that the employees of the Company's "railroad shops at Magna, Utah, Iiamely, the car shop, back shop, and engine house, and.. no other operation," are subject.to the Railroad Retirement Act.' The National Mediation Board in its certification issued on May 14, 1943 and clarified on July 16, 1943, certified certain organizations operating through the, Railway Employee's Department. A. F. of L. to represent respectively the employees constituting the crafts or classes of machinists, boilermakers blacksmiths, sheet-metal workers, electrical workers and carmen, the helpers and apprentices of the fore- and also the group of railway shop laborers, employed, by the Utah Copper Company in `its shops at Magna, Utah, whose duties include the repair and maintenance of Bingham and Garfield Railway Company equipment, foreign line equipment and equipment used in ore transportation service, for the purposes of the' Railway Labor Act. 11'6 It appeals that the National Mediation Board never has con- . 4S Stat. 1135 4 In re • Utah Copper Company,- Bingham and Garfield Railway Company, Kennecott Copper Corporation , et al , `Jurisdictional Docket No 5. 148 Stat. 1283. O Matter of Representation of Employees of the Utah Copper Company , Case No. R-1102 1 UTAH COPPER COMPANY - 643 sidered the status' of the 'employees ; of the Magna blacksmith and machine shops. On the other hand, the Railroad Retirement Board specifically found that these employees were not within its jurisdic- `tion'.' The I. A. M. contends that, not all, facts,were brought to the, attention of the Railroad Retirement Board and that *the issue vas never fully litigated. It is clear that in the proceeding before the Railroad Retirement Board' none of the parties contended that the Magna blacksmith and machine shop employees were subject to the Railroad Retirement Act. In 1935, eight machines were moved from the, ore delivery depart- ment to the Magna machine shop and thereafter some of the railroad mach e,,w,lrk Was tl><ere,performed in addition to.the regular machine work on the mill equipment. According toM the I. -A. M., -only three machines were left in the ore delivery department. The Regional Director reported that 22.8 percent of the work'of the Magna_black- smith shop and 21.4 percent of the work of the Magna machine shop were devoted to the repair and maintenance of railroad equipment. The I. A. M. alleges that such work constitutes nearly all the machinists work performed on railroad equipment. . In the absence of a final determination that the employees in ques- tion are subject to the jurisdiction of the Railroad' Retirement, Board and the National Mediation Board, we shall include them in the fourth voting group and, shall certify the representative, duly selected by the employees in such group, without prejudice to our authority to ex- clude the Magna machine and blacksmith shop employees from such unit in -the event that the Railroad Retirement Board or the National -Mediation Board assumes jurisdiction over-them. In our Supplemental Decision, issued on April 25, 1944, we made a final, determination of the appropriate unit as to the first, third, and fifth voting groups and certified the representative selected by the employees therein, reserving jurisdiction to modify such determina- tion to include in the appropriate unit the employees of the fourth voting group irr''the event that they selected the same representative chosen, by the employees of the first, third, and fifth voting groups. ,As a, result,of- the run-off election, the employees of the ,fourth voting' group have selected the' same representative chosen by the employees in the first, third, and fifth voting. groups. We shall, therefore, modify our previous finding as to the appropriate unit and the earlier certification of representatives in order to embrace the employees of the fourth voting group. As Mated above, the Ittilro.ul Retirement Board assumed jurisdiction only over the employees of the c.lr shop, hark shop, and engine house. We excluded these employees from all,-voting groups . 644, ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD SUPPLEMENTAL FINDINGS OF FACT We find that the group of employees for which we hereinafter cer- tify an exclusive bargaining representative constitutes a unit appro- priate for the,purposes of collective bargaining within the meaning 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 Re'ations 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 CERTIFIED 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 em- ployees, including, part-time employees; gardeners, carpenter repair- men, office janitors, mechanical repairmen, repair helpers, garage machinists,'foundry machi mists,-and employees of the machine shop, the'blacksmith shop, the pipe shop, and the repair machinists depart- ment, but excluding foremen, subforemen, shift bosses, bosses, guards, watchmen, office employees, clerical employees, technical employees, foremen's clerks; timekeepers, material clerks, truck drivers of the. yards department, warehousemen, canal patrolmen, ambulance drivers, and employees, of the new powerhouse, the ore delivery back shop department, the ore delivery engine house department, the ore delivery car shop department, and all, supervisory employees with authority - to hire, promote, discharge, discipline, or otherwise effect changes in the s' atus of employees or effectively recommend such action, employed b'y'Utah Copper Company and Kennecott Copper 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 l the Act, International Union of Mine,, Mill and, Smelter Workers, Local Union No. 392, 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. ' .