Kennecott Copper Corp.

966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Regional Director caused an investigation to be made of the Employer's objections and on February 20, 1952, issued his report. The Regional Director found that before the election the Petitioner distributed copies of a sample ballot which contained an "X" marked in the box under the Petitioner's name and bearing the Regional Director's name and title directly under the sample ballot. The Re- gional Director concluded that the Employer's objections raised sub- stantial and material issues with respect to conduct affecting the re- sults of the election and recommended that a hearing be held. No exceptions were filed. Upon consideration of the objections, the Regional Director's report, and the entire record in this case, the Board finds that the election should be set aside, for the reasons fully set forth in The Am-O-Krome Company, 92 NLRB 893. The Board does not, therefore, consider it necessary to rule on the other objections raised by the Employer. Normally the Board will adopt the Regional Director's report on objections to election where no exceptions are filed to it by any of the parties. The Board's rule in Am-O-Krome, however, warrants set- ting the election aside without the necessity of a hearing. As a hear- ing would serve no useful purpose the Board is not adopting the recom- mendation of the Regional Director that a hearing be held. Order IT IS HEREBY ORDERED that the election held on January 30, 1952, be, and it hereby is, set aside. [Text of Direction of Second Election omitted from publication in this volume.] KENNECOTT COPPER CORPORATION, RAY DIVISION and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUTFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION No. 83, AFL, PETITIONER. Case No. 21-RC-989. March 31, 1952 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Leo Fischer, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed? I One of the intervening unions, International Union of Mine, Mill and Smelter Workers, herein called the Smelter Workers, moved to dismiss the petition on the grounds that the, petition is untimely and the unit sought is inappropriate. The hearing officer referred the motion to the Board. For the reasons stated in paragraphs numbered 3 and 4, re- spectively, we find these contentions to be without merit . Accordingly, the motion is ,denied. 98 NLRB No. 148. KENNECOTT COPPER CORPORATION 967 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Members Houston, Murdock, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations 2 involved claim to represent certain employees of the Employer. 3. The Smelter Workers contends that the petition is untimely principally because it was filed after a hearing in a prior proceeding involving employees of the Employer, in which the Petitioner participated. In the earlier proceeding,' petitions were filed for a comprehensive production and maintenance unit and for separate craft units other than that here sought by the Petitioner. At the consolidated hearing conducted on November 19 and 20, 1951, the Petitioner was per- mitted to intervene on the basis of an adequate interest showing and on November 29, 1951, before the issuance of the Board's Decision and Direction of Election in that case, filed its petition herein. The Board, in its prior decision, directed that the ballots of the employees here involved be impounded pending the disposition of this peti- tion 4 As the present petition was filed before the issuance of the Board's previous decision and the conduct of the elections, and was based, at least in part, on an interest showing obtained before the date of the previous hearing, we find that the petition was timely filed.5 Accordingly, we find that a question affecting commerce exists con- cerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a units of all dump truck drivers, flat rack drivers, fuel truck drivers, grease truck drivers, powder truck drivers, In addition to the Smelter workers , the following organizations were permitted to intervene at the hearing on the basis of their interest showings in a prior related proceed- ing (Kenneeott Copper Corporation, Ray Manes Division, 97 NLRB No. 166) : Inter- national Association of Machinists , AFL, herein called IAM ; International Brotherhood of Electrical Workers, Local Union No 314, AFL, herein called IBEW ; International Union of Operating Engineers , Local Union No. 428, AFL , herein called Operating Engi- neers ; and International Brotherhood of Boilermakers , Iron Ship Builders and Helpers of America, Local 627 , AFL, herein called Boilermakers. 3 Kennecott Copper Corporation, supra. By agreement of the parties , the record in that proceeding was incorporated by reference in the instant case. 4 Elections in the earlier case were held on February 21, 1952, and as directed, all bal- lots cast by the employees involved herein were challenged and impounded . The chal- lenged ballots were insufficient in number to affect the results of those elections. We, therefore , find it unnecessary to order any further disposition of the Impounded chal- lenged ballots Ravenna Arsenal, Inc, 98 NLRB 1. As a result of those elections, the IBEW and Operating Engineers were certified as representatives of their respective craft groups and the Smelter workers was certified as representative of the balance of the production and maintenance employees. i See Fairchild Engine and Airplane Corporation, 88 NLRB 99; John F. Jelke Company, Q8 NLRB 442 ; and J. I Case Company, 81 NLRB 650. As amended at the hearing 968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD water truck drivers, truck servicemen, truck greasemen , truck oilers,, and tire service and repairmen, at the open pit operations of the Employer at its Ray Mines in Ray, Arizona, excluding office, clerical,. and professional employees, guards, watchmen, and supervisors. The IAM and Smelter Workers contend that the unit sought is inappropriate because it does not embrace a separate, identifiable craft group. The Smelter Workers further contends, in effect, that the employees are properly part of the more comprehensive produc- tion and maintenance unit which it currently represents. The Oper- ating Engineers, IBEW, and Boilermakers do not object to the ap- propriateness of the unit sought. The Employer takes no position on the question. The open pit operations are under the over-all supervision of a gen- eral foreman. Under him is a foreman for each shift who supervises all operations, including truck, shovel , and drill. The employees sought by the Petitioner appear to perform the usual duties of their classifications . Thus, for example, the euclid or dump truck drivers work with shovel operators during loading operations, driving the trucks to the shovels and parking them while the shovel operators fill them with waste or ore, which is then hauled away. The other trucks are primarily service trucks. The water trucks service drills and dampen roads to reduce the dust; the fuel truck supplies fuel for various equipment on the job; and the powder truck hauls blast- ing powder. The truck greasemen check the oil and lubricate the trucks.7 There is no interchange of the requested employees with other plant personnel. In our opinion, the unit sought by the Petitioner embraces a homogeneous and identifiable craft group similar to those which the Board has previously held may be appropriate in the copper industry.,, We find, therefore, that these employees may properly constitute a separate bargaining unit, or be included in a more comprehensive production and maintenance unit as claimed by the Smelter Workers. In this situation we will make no final determination of the appro- priate unit pending the results of the election in the following voting group : I At the time of the hearing, tire repair work was temporarily being performed by truck mechanics. However, the Employer contemplated hiring employees solely for repair work on tires. 8 Castle Dome Copper Co., Inc., 52 NLRB 135. Cf. Phelps Dodge Corporation, 60 NLRB 1431 , and Kennecott Copper Corporation, Nevada Mines Division, 51 NLRB 1140. It is not clear from the record whether truck drivers and other categories similar to those in the open pit operations sought by the Petitioner are employed in the remainder of the Employer 's Ray Mines operations . If there are such employees , then, of course, they are also included in the voting group. Kennecott Copper Corporation , Ray Mines Division , 97 NLRB No 166; Phelps -Dodge Corporation, Morenci Branch, 92 NLRB 1564. Cf. Bronco County News Corporation, 89 NLRB 1567 , and Lone Star Producing Company, 85 NLRB 1137. WM. CAMERON & CO., INC. 969 All dump truck drivers, flat rack drivers, fuel truck drivers, grease truck drivers, powder truck drivers, water truck drivers, truck service- men, truck greasemen, truck oilers, and tire service and repairmen, at the Employer's Ray Mines operations in Ray, Arizona, excluding office, clerical, and professional employees, guards, watchmen, and supervisors as defined in the Act. If a majority of the employees select the Petitioner 9 as their representative, they will be taken to have indicated their desire to be represented in a separate unit, and the Regional Director conducting the election directed herein is instructed to issue a certification of representatives to the Petitioner for the unit described above which the Board, under such circumstances, finds to be appropriate for the purposes of collective bargaining. If a majority select the Smelter Workers, they will be taken to have indicated their desire to be included in the production and maintenance unit at the Employer's Ray Mines division currently represented by the Smelter Workers, and the Regional Director shall issue a certificate of results of election to such effect. [Text of Direction of Election omitted from publication in this -volume.] 9 The Boilermakers and IBEW requested , at the hearing, that their names be omitted from the ballot. The request is hereby granted . The record is not clear whether the Operating Engineers and the IAM desire to participate in the election. Neither union has presented a showing of interest within the craft group . Accordingly , we shall not accord either union a place on the ballot . However , we shall permit them to participate, if they so desire, upon proper notice , supported by an adequate showing of interest as of the date of the hearing herein , to the Regional Director within 10 days after issuance of this Decision and Direction of Election. International Harvester Company, 71 NLRB 390. WM. CAMERON & CO., INC. and LOCAL No. 968, INTERNATIONAL BROTH- ERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN & HELPERS OF AMERICA, AFL, PETITIONER WM. CAMERON & CO., INC. and MILLMEN's LOCAL UNION 724, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL, PETI- TIONER. Cases 1Vos. 39-RC-410 and 39-RC-414. March 31, 1952 Decision and Direction of Election Upon petitions duly filed, a consolidated hearing was held before Clifford W. Potter, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with 98 NLRB No. 149.