Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Aug 13, 1962

138 N.L.R.B. 118 (N.L.R.B. 1962)

118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Kennecott Copper Corporation and International Association
of Machinists, AFL-CIO, Petitioner
Kennecott Copper Corporation and International Brotherhood
of Boilermakers, Iron Ship Builders , Blacksmiths , Forgers and
Helpers, AFL-CIO, Petitioner
Kennecott Copper Corporation and United Association of Jour-
neymen and Apprentices of the Plumbing and Pipe Fitting In-
dustry of the United States and Canada , AFL-CIO, Petitioner
Kennecott Copper Corporation and United Brotherhood of Car-
penters and Joiners of America , AFL-CIO, Petitioner
Kennecott Copper Corporation and Brotherhood of Painters,
Decorators & Paperhangers of America , AFL-CIO, Local No.
596, Petitioner
Kennecott Copper Corporation and United Steelworkers of
America, AFL-CIO, Petitioner. Cases Nos. 28-RC-856, 28-RC-
857, 38-RC-858, 28-RC-863,28-RC-872, and 28-RC-974. August
13, 1962
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed under Section 9(c) of the National Labor
Relations Act, a consolidated hearing was originally held before
James W. Cherry, hearing officer, on April 12, 1961. Thereafter, on
January 23, 1962, the Board ordered that the record be reopened and
remanded the proceeding for further hearing, such hearing being
held on March 21 to 23, 1962, before Trial Examiner Thomas A. Ricci.
The rulings of the hearing officer and Trial Examiner made at the
hearings are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Members Rodgers, Leedom, and Fanning].
Upon the entire record in these cases, the Board finds :
1. The employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.'
' We shall hereinafter refer to the Petitioners as follows , listing them In the order in
which they appear in the caption , I e , Machinists , Boilermakers , Plumbers, Carpenters,
Painters , and Steelworkers
International Union of Mine , Mill and Smelter Workers , herein called Mine -Mill, who
presently represents production and maintenance employees at the reduction plant, inter-
vened on the basis of its contractual interest . The Steelworkers , who represent produc-
tion employees at the employer 's smelter , built in 1958 , intervened in Case No. 28-RC-856
at the original hearing, in support of the IAM position rather than to participate in the
election . However , on the first day of the remanded hearing the Steelworkers filed its
petition for a unit of the production and maintenance employees presently represented
by Mine-Mill.
138 NLRB No. 3.
KENNECOTT COPPER CORPORATION 119
3. Questions affecting commerce exist 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. The various craft Petitioners herein seek to sever from the exist-
ing production and maintenance unit a number of alleged craft units
of employees at the Employer's Hayden, Arizona, reduction plant'
Mine-Mill, the incumbent certified bargaining agent for the produc-
tion and maintenance employees, and the Employer oppose the estab-
lishment of the separate units sought. The Employer contends that
in view of the highly integrated and continuous nature of its opera-
tions at Hayden, the severance principles established in the American
Potash ' case should not be applied.
It appears from the record that the Employer's operations at Ray
and Hayden, Arizona, are as contended highly integrated. Thus the
copper ore is mined at Ray, loaded into a truck hopper, run through
the primary crusher, and then loaded into railway cars and taken to
Hayden about 20 miles away. At Hayden the ore is loaded into a
track hopper and carried through a secondary crushing. From the
secondary crushing the ore is carried to the tertiary crusher and from
there it is conveyed up to the fine ore storage bin. From the fine ore
storage bin the ore goes into the mill, the rod mill, and the ball mill
grinding section. From the ball mill grinding section it goes to the
flotation section. The concentrate resulting therefrom is then shipped
to the smelter via pipeline where it is dewatered and discharged into
the reverb furnace. It is then converted into the converters, pooled
in the anode pool furnace, and cast into anodes, the final product.
The entire process takes between 60 and 70 hours. The Employer
contends that the integration here is even greater than that in
National Tube and other cases where craft severance is denied.4
However, the Board has consistently adhered to its policy stated in
the American Potash case, of permitting, except in certain industries
not involved here, severance where otherwise proper, despite a high
degree of integration of an employer's operations.' Accordingly, we
no merit in this contention.
2 There is no contention to the contrary and we find that the existing production and
maintenance unit represented by Mine-Mill is an appropriate bargaining unit.
The Steelworkers presently represents production employees at the smelter See Kenne-
cott Copper Corporation, Ray Mines Division, 122 NLRB 370.
3.4merican Potash & Chemical Corporation , 107 NLRB 1418
'National Tube Company, 76 NLRB 1199; Corn Products Refining Company, 80 NLRB
362 , Weyerhaeuser Timber Company, 87 NLRB 1076 ; The Peinianente Metals Corporation,
89 NLRB 804
5 Puerto Rico Glass Corporation , 126 NLRB 102 ; E I. du Pont de Neniours and Com-
pany (Houston, Texas, Plant), 126 NLRB 885 In the latter case the Board acknowledged,
but expressed disagreement with, the decision of the court of appeals in NLRB v.
Pittsburgh Plate Glass Company, 270 F. 2d 167 (CA 4), cert denied 361 US 943.
120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Case No. 28-RC-856
The Machinists seeks a unit composed, with the usual exceptions, of
all maintenance mechanics, machinists, mobile equipment mechanics,
handymen, oilers, apprentices, and/or helpers in the smelter and
sponge iron and acid plant, mill, and crusher at the Employer's Hay-
den operations. As indicated above, these employees are presently
represented by Mine-Mill.
For maintenance purposes, the Hayden reduction plant is roughly
divided into two areas, labeled repair area 1 and repair area 2. Main-
tenance mechanics work in both areas under repair foremen who
report directly to the maintenance superintendent. Repair area 1
covers the concentrator and crusher while repair area 2 covers the
smelter, the sponge iron and acid plant, the silica hopper, and the
lime-burning plant. Mechanics who report to the crusher in area 1
repair and perform preventive maintenance work on the crushers,
change bolts and screens, reline bearings, and work on rubber con-
veyors and other associated equipment. Mechanics who report to the
concentrator repair and perform preventive maintenance work on
heavy equipment, including rod and ball mills, flotation machines, and
elevators. They replace liners, tighten liner bolts, check and maintain
the gears and drives in the rod and ball mills on a scheduled basis.
Mechanics in area 2 report to the smelter repair shop and the sponge
iron and acid plant where they perform essentially the same type of
maintenance and repair work as the mechanics in area 1.
Mobile equipment mechanics perform all repair and maintenance
work on such mobile equipment as trucks, pickups, and other heavy-
duty equipment. They work under a repair foreman who reports
directly to the maintenance superintendent. The machinists, the
highest paid classification in the mechanic-machinist category, work
in the machine shop under a foreman who reports directly to the main-
tenance superintendent. They work with standard machine tools such
as lathes, power mills, saws, etc. The oilers, classified as lead oiler,
smelter oiler, and concentrator oiler, also work under a separate fore-
man who reports directly to the maintenance superintendent. Their
principal function is to oil and lubricate the equipment on which the
mechanics work on a 24-hour basis.
There is a 4-year apprenticeship program for maintenance me-
chanics and machinists which has been approved by the State appren-
ticeship indenture training program. An apprenticeship program
for the mobile equipment mechanics is scheduled to have begun on
May 1, 1961. On the basis of the entire record, we find that the main-
tenance mechanics, machinists, and mobile equipment mechanics
sought herein are craftsmen. Thus, as the Machinists is an organiza-
KENNECOTT COPPER CORPORATION 121
tion which traditionally represents such craftsmen ,6 we find further
that these employees may constitute a single separate appropriate unit
if they so desire 7 As the record does not show that the handymen,
oilers, and helpers are currently in a direct line of progression to the
job of maintenance mechanic, machinists, or mobile equipment me-
chanic, we shall exclude them from the unit 8
Case No. 28-RC-857
The Boilermakers seeks a unit consisting of all boilermakers, black-
smiths, welders, sheet metal workers, their helpers and apprentices
in the maintenance division at the Employer's Hayden reduction
plant. These employees work in a separate boiler shop which is com-
posed of the foreman 's office, a tool storage crib , a 12-foot roll, an 8-
foot roll, an airhammer, a blacksmith forge, an anvil, a welder's shop,
and a tinshop. Boilermakers also do fieldwork under the supervision
of field foremen, but their seniority remains in the boiler shop. The
boilermakers do their own layout work. Blacksmiths and hammer-
men do all the forge work and tool sharpening. Sheet metal workers
work entirely on light metals in the boiler shop. There is a 4-year
apprenticeship program for boilermakers. The welders weld, form,
brace, heat, and cut metal in installing, maintaining, and performing
repairs to structures and all machinery. They use electric welding
machines and cutting equipment, gas cutting equipment, and other
necessary equipment. They interpret engineering drawings and work
both inside the shop helping the boilermakers and on assignments to
various repair areas in the plant. From 80 to 90 percent of their time
is spent with the boilermaker group either in the shop or elsewhere
in the plant. On the basis of the evidence adduced it is clear that
these employees constitute an identifiable, skilled, and homogeneous
craft group 9 As the Boilermakers is a union that traditionally repre-
sents such employees, we find that they may constitute a separate
appropriate unit if they so desire.lo
Case No. 28-RC-858
The Plumbers seeks a unit composed of all pipefitters, apprentices,
and helpers in the maintenance division. Ten pipefitters report to
the pipefitter shop while several others report to the sponge iron acid
" International Harvester Company . 119 NLRB 1709 , E. I du Pont de Nemours and
Company (Houston, Texas, Plant ), 126 NLRB 885 Kennecott Copper Corporation, 125
NLRB 107.
7 Compare San Manuel Copper Corporation , 116 NLRB 1153 , 1157-1158, United States
Potash Company, 77 NLRB 947, 949-951
"American Potash & Chemical Corporation, supra , at 1423
"San Manuel Copper Corporation, supra, at 1158 ; C F Bi aun & Co , 120 NLRB 282
As the helpers are not in a direct line of progression to the job of boilermaker , we shall
exclude then from the unit
10 Stauffer Chemical Company of Nevada , 113 NLRB 1255, 1258
122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant and smelter. There is a 4-year apprenticeship program for
pipefitters who are admittedly craftsmen. However, the Employer
appears to contend that a craft unit is inappropriate because all pipe-
fitters are not centrally located and supervised. We find no merit
in this contention." Accordingly, as the Plumbers is the traditional
representative of the employees it seeks,12 we find that the pipefitters
and their apprentices constitute a craft group which is entitled to
separate craft representation if the employees so desire. As the
helpers are not currently in a direct line of progression to the job of
pipefitter, we shall exclude them.13
Case No. 28-RC-863
The Carpenters seeks a unit composed of all maintenance carpenters,
apprentices, handymen, carpenter helpers, and matt changers in the
maintenance division. There is a 4-year apprenticeship program for
carpenters. Seven work regularly in the carpenter shop under a
carpenter foreman and four are assigned to the mill of concentrator
and work under the supervision of a repair foreman. The carpenter
shop contains the usual carpenter shop tools and the carpenters per-
form typical functions of carpenters such as fabricating, assemblying,
and repairing various types of wood items, cabinets, screens, and
doors. They also produce the normal things used in the construction,
maintenance, and repair of the mills, and other structures and
equipment.
The handyman classification is what is known as a "red circle" rate
and as soon as the two present incumbents leave the Company's
employ, this classification will be discontinued. It is essentially the
same as that of the helper except that the incumbent performs addi-
tional duties such as running the jackhammer. Matt changers work
in the mill under the field repair foreman. Their work is confined to
what is known as the flotation machine. They cut large rolls of canvas
to the proper size and shape, punch holes in the resulting matts for
bolts to go through, and insert the matts in place in the floatation
machine. Like any other employee in the plant, Matt changers can
bid on the carpenter or any other apprentice program. On the basis
of the entire record and as the Carpenters is the traditional repre-
sentative of the employees it seeks, we find that the maintenance
carpenters and their apprentices may constitute a separate appropriate
craft unit if the employees so desire.14 However, as it is clear from
"In several of these cases the Employer contends that a craft group is inappropriate
because the employees involved are subject to different supervision However, the mere
fact that craft employees have common supervision with employees outside their craft
does not prevent craftsmen from being represented in a unit of their own craft B H.
Hadley, Inc., 130 NLRB 1622 , and cases cited therein
12 Stau f er Chemical Company of Nevada , supra, at 1259
13 American Potash & Chemical Corpos ation , supra, at 1423
14 Stauffer Chemical Company of Nevada, supra , at 1261.
KENNECOTT COPPER CORPORATION 123
the record that the handymen, carpenter helpers, and matt changers
are not in a direct line of progression to the carpenter classification,
we shall exclude them from the unit.
Case No. 28-RC-872
The Painters seeks a unit composed of painters and sign painters 15
in the maintenance division. The Employer contends that these em-
ployees are not craftsmen. The Employer employs two painters and
one sign painter. The sign painter was originally hired as a laborer
in February 1955 and was transferred to the painter classification in
June 1955. The second painter was hired in 1946 as a handyman and
transferred to the painter classification in 1947. The third employee
was hired as a painter in 1950. The Employer's maintenance superin-
tendent testified that there is no apprenticeship program for painters
partly because it is not considered an apprenticeable trade in Arizona
and also because it would not be economically feasible in view of the
small turnover in painters. He stated, however, that he requires proof
of journeyman status before hiring painters and there is nothing in
the instant record to indicate that the present incumbents lacked that
status when hired as painters. Accordingly, we find that the painters
are craftsmen who may, as the Painters has traditionally represented
the craft, be separately represented if they so desire.16
In view of the foregoing, we shall make no final unit determinations
at this time, but shall direct that the questions concerning representa-
tions that have arisen be resolved by separate elections by secret ballot
among employees in the following voting groups employed by the
Employer at its Hayden, Arizona, reduction plant, excluding from
groups (a) through (e) all other employees and supervisors as defined
in the Act.
(a) All maintenance mechanics, machinists, mobile equipment me-
chanics, and their apprentices.
(b) All boilermakers, welders, blacksmiths, sheet metal workers,
and their apprentices.
(c) All pipefitters and their apprentices.
(d) All carpenters and their apprentices.
(e) All painters and sign painters.
(f) All mill and maintenance department employees, including
the assay section of the quality control department, but excluding
power and water department employees, electrical maintenance em-
ployees represented by the IBEW, employees in voting groups (a)
"At the time of the original hearing there were two painters and one sign painter At
the reopened hearing, the evidence disclosed that the sign painter was no longer employed.
19 Stauffer Chemical Company of Nevada , supra, at 1258-1259 . There are no painter
apprentices or helpers If helpers are needed they are taken from a common labor pool.
124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
through (e), all office clerical and professional employees, guards,
watchmen, and supervisors as defined in the Act."
If a majority of the employees in any of voting groups (a) through
(e) select the Union seeking that group as a separate unit, those em-
ployees will be taken to have indicated their desire to constitute a
separate bargaining unit, and the Regional Director conducting the
elections is hereby instructed to issue a certification of representative
to such union for such unit, which the Board under the circumstances
finds to be appropriate for purposes of collective bargaining. If a
majority in all the foregoing voting groups vote for separate repre-
sentation, and if a majority in voting group (f) vote for Mine-Mill, or
for the Steelworkers, the Union winning the election shall be certified
as the representative of the employees in such group, which under
these circumstances the Board finds to be an appropriate unit.
However, if the majority of the employees in voting groups (a),
(b), (c), (d), or (e) do not vote for the Union which is seeking to
represent them in a separate unit, their ballots shall be pooled with
those for group (f).18 If a majority in the pooled group vote for
Mine-Mill or the Steelworkers, the winning unit shall be certified as
the representative of employees in the pooled group, which under those
circumstances the Board finds to be an appropriate unit.
[Text of Direction of Elections omitted from publication.]
MEMBER FANNING, concurring :
I concur in the result reached by my colleagues in directing these
severance elections at the Employer's Hayden reduction facility. I
do so, not because I share my colleagues' view that the integrated and
continuous nature of the Employer's mining and reduction process is
immaterial to the decision on the desirability of craft severance,ia but
because such factor is outweighed by the multiple-unit pattern of
bargaining which exists at this and other facilities of the Employer.
The Employer bargains for two industrial type units : one repre-
sented by the Mine, Mill and Smelter Workers, and one-at the
smelter-by the Steelworkers, as well as a unit of powerhouse em-
ployees and employees in the electrical department which the IBEW
has represented since 1949. In addition, the evidence presented at
17 The description of this voting group follows substantially, except for the exclusion of
voting groups ( a) through (e), the description of the unit for which Mine-Mill was certified
on March 19, 1959
is If the votes are pooled , they are to be tallied in the following manner The votes for
the labor organizations seeking separate units in any of the groups shall be counted as
valid votes but neither for nor against the labor organizations seeking to represent the
production and maintenance unit All other votes are to be accorded their face value
19 See my concurrence in Mallinckrodt Chemical Works, Dranvum Division, 129 NLRB
312, 315, footnote 3, stating my view as to the desirability of a reexamination of the
Board's craft severance policies set forth in American Potash & Reffninq Corporation, 107
NLRB 1418. The Employer calls for such reexamination in this case However, I do not
regard such full-scale reexamination as necessary to a decision herein
FROSTCO SUPER SAVE STORES, INC. 125
the reopened hearing held by the Board in this proceeding shows
multiple-unit bargaining at other facilities. The Employer-at the
Ray Mines Division, 23 miles from Hayden-bargains with five units
in addition to a production and maintenance unit, and its three other
western divisions engaged in copper mining and reduction opera-
tions-Nevada Mines, Chino Mines, and Utah Mines-are character-
ized by multiple units, including craft and departmental groups. Thus
more than 10 different unions are involved in representing employees
of these western divisions of the Employer, including the Hayden
reduction facility. In these circumstances, it is noteworthy that there
is no evidence before the Board suggesting that the Employer's opera-
tions have, as a result, been disturbed by jurisdictional disputes or that
the employees, on their part, have not received proper and adequate
representation in such units. Based upon this record I see no com-
pelling reason for denying severance to the various craft groups now
sought. They appear to be skilled employees with interests and duties
sufficiently different from those of other employees of the Employer
to warrant their representation in separate units-such as exist gen-
erally in the Employer's western divisions-if they so desire.
Frostco Super Save Stores , Inc. and Local 534, Amalgamated
Meat Cutters & Butcher Workmen of North America, AFL-
CIO, Petitioner
Sav-Co., a Corporation Operator of Sav-Mart and Local 229, Re-
tail Clerks International Association , AFL-CIO, Petitioner
Illinois Catering Company, a Subsidiary of Topsy's Interna-
tional , Inc. for Topsy Catering Co., Inc. and Culinary Work-
ers and Bartenders Local 755, Hotel & Restaurant Employees
and Bartenders International Union , AFL-CIO , Petitioner.
Cases Nos. 14-RC-4180, 14-RC-4188, and 14-PC-4233. August
14, 1963
DECISION, ORDER, AND DIRECTION OF ELECTIONS
Upon separate petitions' duly filed under Section 9(c) of the
National Labor Relations Act, a hearing was held before Thomas W.
Seeler, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
'The petitions in Cases Nos 14-RC-4180 and 14-RC-4188 were consolidated for pur-
poses of hearing. The petition in Case No 14-RC-4233 was filed after the consolidated
hearing closed , but a stipulation was entered into setting forth agreed facts and provid-
ing for incorporation of the record in the consolidated hearing
A notice to show cause issued by the Board on May 23, 1962 , provided for this con-
solidation , and further provided, inter alia, that certain additional named companies who
operated licensed departments in the Sav-Mart store should be made parties to these pro-
138 NLRB No. 14.