Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Feb 13, 1953

102 N.L.R.B. 1391 (N.L.R.B. 1953)

KENNECOTT COPPER CORPORATION 1391
Article 10
No lockouts, boycotts, strikes, stoppages, slowdowns, or other such interruptions
of work, shall be permitted during the life of this agreement.
Article 11
All employees who have been in the employ of the Company continuously for
one year prior to the vacation period, shall receive one week's vacation with forty
(40) hours' pay. The Company shall determine the vacation period.
Article 12
Eligible veterans shall he re-employed in accordance with the valid provisions
of the Selective Training & Service Act of 1940 and amendments thereto and
the Selective Service Act of 1948 and any amendments thereto.
Article 13
This agreement contains the whole of the agreement between the parties and
there are no agreements, Iepresentations or inducements not expressed herein.
Article 14
This agreement shall be effective as of this date and shall continue in force
until February------------------, 1950; provided, however, that the subject of
wages only may be reopened for negotiations by either party, by giving notice of
such intention to the other party, by registered mail, on August---------, 1949.
In the event such wage negotiations are reopened, the parties shall be governed
by the latest National Average Consumers' Price Index, issued by the United
States Department of Labor, Bureau of Labor Statistics prior to August 1, 1949.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
day and year first above written.
UNITED CLAY MINES CORPORATION,
By---------- ------------------
UNITED BRICK & CLAY WORKERS
OF AMERICA , A. F. L.,
By--------------------------------
KENNECOTT COPPER CORPORATION (CHINO MINES DIVISION) and INTER-
NATIONAL UNION OF MINE, MILL & SMELTER WORKERS , LOCAL 890
and INTERNATIONAL ASSOCIATION OF MACHINISTS , LODGE 1563, PETI-
TIONER . Case No. 33-RC-377. February 13,1953
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Election 1 dated June 16,
1952, an election by secret ballot was held on June 30, 1952, under the
direction and supervision of the Regional Director for the Sixteenth
Region, among the employees of the Employer in the voting group
set forth in that decision. Thereafter, a tally of ballots was fur-
I Case No. 33-RC-377 ( not printed in the bound volumes of Board decisions).
102 NLRB No. 141.
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nished the parties, showing that of approximately 7 voters, 7 cast
ballots, of which 2 were for the International Association of Ma-
chinists, hereinafter called Petitioner, 1 was for the International
Union of Mine, Mill & Smelter Workers, hereinafter called Inter-
venor, and 4 were challenged by the Petitioner. The challenges are
sufficient in number to affect the results of the election. Thereafter,
on July 2, 1952, the Intervenor filed timely objections to conduct
affecting the results of the election.
In accordance with the Board's Rules and Regulations, the Re-
gional Director conducted an investigation of the matters raised by
the Intervenor's objections, and on July 9, 1952, issued and duly
served upon the parties his report on objections and challenged bal-
lots, in which he recommended that the Board direct a hearing on the
objections, challenges, and protests. Thereafter, on July 28, 1952, no
exceptions having been filed to the report of the Regional Director,
the Board adopted the Regional Director's recommendations and or-
dered that a hearing be held on the issues raised by the Intervenor?
Such hearing was held at Silver City, New Mexico, on August 8, 1952,
before Charles Y. Latimer, hearing officer. The Employer, Inter-
venor, and Petitioner appeared and participated at the hearing.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Styles and Peterson].
The Intervenor based its objections to the election on the allegation
that the Board, in an earlier representation proceeding," found Rogers,
1 of the 3 employees who voted in this election, to be a supervisor.
It is clear, however, from the record in the representation hearing in
the present case, as well as from the record in the hearing conducted
pursuant to the Intervenor's objections filed herein, that Rogers was
not a supervisor. We find, therefore, no reason to reverse our finding
as to Rogers. Moreover, as the Intervenor's objection 4 is in the
nature of a postelection challenge, it would, in any event, under Board
precedent, be no basis for setting aside the election r,
With respect to the Petitioner's challenges to the ballots of em-
ployees Dickenson, Castillo, Ruiz, and Garcia, it is clear from the
record in the hearing on objections and challenges that these em-
ployees were part of the plant labor pool, regularly assigned to pro-
duction duties, and consequently, not being craftsmen were not part
of the craft voting group of brickmasons found entitled to severance,
if the employees in that group so desire. Accordingly, we shall sus-
2 The order directing a hearing did not require the hearing officer to submit a report.
3 Kennecott Copper Corporation , 98 NLRB 75.
4 The Intervenor did not challenge Rogers' voting eligibility at the time of the election.
5 Bill Heath , Inc, 89 NLRB 1555, 1556; N. L. R. B. v. A J. Tower Co., 329 U. S. 324.
PRICE NATIONAL CORPORATION 1393
tain the Petitioner's challenges to the ballots of employees Dickenson,
Castillo, Ruiz, and Garcia.
In its decision and direction of election, the Board made no final
determination as to the appropriate unit. The Board stated :
If a majority [of the brickmasons and brickmason leadman]
vote for the Petitioner they will be taken to have indicated their
desire to constitute. a separate appropriate unit... .
Upon the entire record in this proceeding, the Board makes the
following :
Supplemental Finding of Fact
We find that all brickmasons, including the brickmason leadman,
employed at the Employer's Hurley, New Mexico, plant, excluding all
other employees, office and clerical employees, guards, and supervisors
as defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of 'Section 9 (b) of the
Act.
As the Petitioner has secured a majority of the valid ballots cast
in the election, we shall certify it as the bargaining representative
in the appropriate unit.
Certification of Representatives
IT IS HEREBY CERTIFIED that the International Association of Ma-
chinists has been designated and selected by a majority of all brick-
masons (including the brickmason leadman) employed at the
Employer's Hurley, New Mexico, plant, excluding all other employees,
office and clerical employees, guards, and supervisors as defined in the
Act, as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the Act, the said organization
is the exclusive representative of all employees in such unit for the
purpose of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.
PRICE NATIONAL CORPORATION and DISTRICT LODGE No. 76, INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER. Case No.
3-RC-1113. February 13, 1953
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 Robert Corlett, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
102 NLRB No. 139.