Kennecott Copper Corp.

198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Kennecott Copper Corporation , Nevada Mines Division and International Association of Machinists , Local Lodge No. 279, Petitioner Kennecott Copper Corporation , Nevada Mines Division and International Union of Mine, Mill and Smelter Workers, Locals Nos. 124 and 233, Petitioner. Cases Nos. R-3372, R-5381,. and R-5389. November 21, 1958 DECISION CLARIFYING CERTIFICATION OF REPRESENTATIVES On February 17, 1942, the National Labor Relations Board issued its Decision and Direction of Election 1 in Case No. R-3372. Pur- suant to the Direction of Election, a representation election by secret ballot was conducted on March 4 and 5, 1942, under the direction and supervision of the Regional Director for the Twentieth Region among the employees in a unit described as "all employees of Nevada Consoli- dated Copper Corporation, McGill, Nevada,2 engaged in machinists' work at its mines at Ruth, Nevada, and at its mill and smelter at Mc- Gill, Nevada, including machinist subforemen, machinists, repairmen, repair subforemen, the McGill welders, handymen, machinist appren- tices, machinist helpers, shop helpers, car repairmen, and garage em- ployees, but excluding foremen having the authority to employ and discharge, the Ruth welders, the welder subforemen, and `swing' help- ers." As a result of this election, the Regional Director on March 23,. 1942, certified the International Association of Machinists, Local 279, AFL (herein called JAM) as bargaining representative for the unit described above. On August 7 and 21, 1943, respectively, the National Labor Rela- tions Board issued a Decision, Direction of Elections, and Order and a Supplemental Decision and Order in Cases Nos. 5381 and 5382 .1 Pur- suant to the Direction of Elections, representation elections by secret ballot were conducted on September 2 and 3, 1943, under the direction and supervision of the Regional Director for the Twentieth Region among several groups of the Company's employees. The results of the elections reveal that the voting groups comprised of painters, carpen- ters, boilermakers, electricians, and plumbers voted to be represented by their own craft unions while the voting groups comprised of watch- men, bricklayers, steelworkers, truckdrivers and warehousemen, cooks and waitresses, engineers, and production and maintenance employees 138 NLRB 1346. 2 Since the certification issued in Case No. 3372 , the name of the Employer has been changed from Nevada Consolidated Copper Corporation . The correct name is reflected in the case heading. 3 51 NLRB 1140; 52 NLRB 42. 122 NLRB No. 33. KENNECOTT COPPER CORPORATION 199 selected the International Union of Mine, Mill and Smelter Workers, Locals 124 and 233 (herein called Mine-Mill). As a result of these elections, the Regional Director on October 14, 1943, certified Mine- Mill as bargaining representative of these employees, including a unit described as "the remaining production, construction, and main- tenance employees, including hourly paid samplers, but excluding executives, superintendents, general foremen, assistant general fore- men, foremen, subforemen, assistant drill foremen, general powder foremen, assistant powder foremen, shift bosses, shaft bosses, stope and level bosses, mucker bosses, technical and professional employees, gas chemist assistants, dairy employees, dairy field employees, clerical employees, commissary clerks, salaried samplers, Harry Haaser, F. M. Cork, employees in the watchmen's unit, employees for whom Interna- tional Association of Machinists, Local No. 279, is the certified collec- tive bargaining representative, employees covered by the contracts between Brotherhood of Locomotive Engineers and Switchmen's Union of North America, and the Company, and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees or effectively recom- mend such action, employed by Kennecott Copper Corporation, Nevada Mines Division, McGill and Ruth, Nevada. . . ." At the time the Board certified the IAM and Mine-Mill, the Inter- venors in this proceeding, in 1942 and 1943, the Company garage was located at the old Ruth townsite and was used for servicing cars, trucks, caterpillars, and graders. In 1952 the garage was moved to the Copper Flat area where the same type of equipment was serviced. In 1955 the Veterans' garage was placed in operation for servicing diesel equipment, and in 1958 the garage at Copper Flat was moved to the Kimberly shops. At the present time, the Veterans' garage serv- ices diesel equipment, while the gasoline driven equipment is serviced at the Kimberly shops. The diesel equipment serviced at the Veterans' garage includes 48 haulage trucks, 9 tractors, 5 graders, 1 loader, 3 dozers, and 8 drills; the gasoline equipment serviced at the Kimberly shops consists of 81 pieces including pickup trucks, dump trucks, fuel trucks, water trucks, compressor trucks, and automobiles. At the Veterans' garage, the majority of the diesel equipment is serviced by 15 employees who were formerly handymen. The re- mainder of the diesel equipment is serviced by mechanics and machin- ists. The gasoline driven equipment is serviced by two employees, one field lubrication man and one helper. On July 7, 1956, the Employer entered into a collective-bargaining agreement with the IAM; by a memorandum dated March 6, 1958, the parties agreed to the elimination of certain existing job classifications and the establishment of certain new job classifications in the Em- ployer's mines plant maintenance department at Ruth, Nevada, where- 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by the "handyman" classification was supplanted-by new classifications including "field lubrication men" whose duties include the lubrication, servicing, and fueling of gasoline and diesel field equipment. In 1958, Mine-Mill filed a grievance alleging that the Employer was avoiding or circumventing the Mine-Mill certification by having em- ployees classified as lubrication men in the IAM unit performing greas- ing and oiling work at Ruth. This grievance was not resolved through .the steps in the grievance procedure and Mine-Mill certified the dispute for arbitration. IAM opposed such arbitration on the grounds that, as IAM's National Labor Relations Board certification included all garage employees, any action of this kind would constitute an infringe- ment upon the decision of the National Labor Relations Board. The Employer, on July 8, 1958, filed a motion for clarification of certifica- tion in which "the Employer urges that the National Labor Relations .Board either (a) issue an order to show cause as to why the 1942 certification of the IAM should not be amended or clarified to include the job classification lubrication men or (b) conduct a hearing to determine the proper unit placement of the lubrication men so that the certification of either Mine-Mill or the IAM can be clarified to include the job classification lubrication men." On July 28, 1958, Mine-Mill filed a motion in support of the Employer's request for hearing. On August 4, 1958, the IAM filed a memorandum in which it did not op- pose the Employer's request for hearing provided such hearing is with respect to the classification "lubrication men" only. On August 18, 1958, the Board issued an order directing that the Regional Director for the Twentieth Region hold a hearing to resolve the issues raised by the Employer's motion for clarification of certification. On September 11, 1958, in accordance with the above order, a hear- ing was held before Albert Schneider, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The record shows an unbroken bargaining history between the Em- ployer and both IAM and Mine-Mill since the Board certifications were issued in 1942 and 1943, respectively. Since 1949 the duties set forth to be performed by the new "lubrication man" classification have been performed by the handymen included under the IAM certifica- tion in. 38 NLRB 1346; 15 of the group have lockers in the Veterans' Shop along with the mechanics while 1 works in the Kimberly shop; these 15 have been reporting to the Master Mechanic in charge of the mechanics in the Veterans' Shop at the beginning and end of their shifts; all 16 are supervised by a foreman who reports directly to the plant superintendent at present because of a companywide lubrication standardization program in progress. However, upon completion of this program, he will report to the maintenance foreman who also supervises the mechanics. SYLVANIA ELECTRIC PRODUCTS, INC. 201 In view of the foregoing, and particularly in view of the fact that these lubrication duties have been performed by handymen since 1949; that the handymen have been supervised by the maintenance foreman who has charge of the mechanics at the Veterans' Shop; that these handymen have worked the same hours and shared the same locker area as the mechanics; and that handymen performing these duties have been allowed to progress toy mechanic apprentice and eventually be- come mechanics, we conclude that upon the basis of the entire record the Board certification in 38 NLRB 1846 should include the classifica- tion "lubrication men." Accordingly, we thereby amend the certifica. tion to include lubrication men in the unit described in the original certification. , MEniBERs Rol oERs and FANNING took no part in the consideration of the above Decision Clarifying Certification of Representatives. Sylvania Electric Products, Inc. and District Lodge 131, Inter- national Association of Machinists, AFL-CIO, Petitioner. Case No. 18-RC-3653. November 21, 1958 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 Ray C. Jenkins, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 organization claims to represent certain employees of the Employer.' 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act. 4. In accordance with the stipulation of the parties, we find that the following employees of the Employer constitute a unit appropri- ate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees at the Employer's Burlington, Iowa, plant, including cafeteria employees and group leaders; but excluding executives, monitors and all other supervisors 1 The International Union of Electrical, Radio , and Machine Workers , AFL-CIO, was permitted to intervene in this proceeding. 122 NLRB No. 35.