Kennecott Copper Corp.

In the Matter of KENNECOTT COPPER CORPORATION, EMPLO3ER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Case Nos. 33-RC-31 through 33-RC-36, and 33-RC=39.-Decided August 31,1948 DECISION AND s9 CERTIFICATION OF REPRESENTATIVES On April 20, 1948, International Association of Machinists, herein called the Petitioner, filed the instant petitions, alleging that questions of representation existed concerning the employees of Kennecott Cop- per Corporation, herein called the Employer. On June 1, 1948, the Petitioner, the Employer, International Union of Operating Engi- neers, Local 9, AFL, and the Regional Director entered into a "Stipu- lation for, Certification Upon Consent Election." On June 15, 1948, an election by secret ballot was conducted among the employees in the stipulated unit, in accordance with the Stipulation and the Rules and Regulations of the Board. Upon the conclusion of the election, a Tally of Ballots was furnished the parties. . The Tally shows that there were 89 eligible voters, and that 98 ballots were cast, of which 60 were for the Petitioner, 7 were for the International Union of Operating Engineers, Local #9, AFL, 15 were against any labor organization, and 16 were challenged. On June 21, 1948, Gilberto Martinez, an employee of the Employer, filed with the Regional Director objections to the conduct of the elec- tion and to conduct affecting the results of the election. Thereafter, the Regional Director conducted an investigation, and on July 12, 1948, issued and duly served upon the parties his Report on Objections to Election, in which he recommended that the objections be overruled. No exceptions were filed to the Report on Objections within the time provided therefor. In view of the foregoing, and because in any event we would not consider objections filed by an individual who is not a party,' we shall adopt the recommendations of the Regional Director. 1 Matter of West4nghouae Electric Corp ., 78 N. L. R B. 315 79 N. L. R. B., No 45. 347 348 DECISIONS OF NATIONAL LABOR RELATION'S BOARD Upon the entire record in the case the Board 2 makes the following findings of fact : 1. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act, as amended. 2. All churndrillers, helpers, shovel runners, oilers, hoistmen, crane operators (locomotive and clam shell), stationary compressormen, and- bulldozers at Santa Rita, and all shovel runners at Hurley, ex- cluding supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. Inasmuch as the Petitioner has won the election, irrespective of the counting of the challenged ballots, we shall certify it as the collective bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that International Association of Machinists has been designated and selected by a majority of the employees of the above-named Employer, in the unit hereinabove found by the Board to be appropriate, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, as amended, the said organization is the exclusive representative of all the employees of such unit for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment, and other conditions of employment. MEMBER GRAY took no part in the consideration of the above Deci- sion and Certification of Representatives. 2Pursuant to the provisions of section 3 (h) of the Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members [Houston. Murdock, and Gray]