Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Apr 29, 1942

40 N.L.R.B. 986 (N.L.R.B. 1942)

In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and BROTHERHOOD OF RAILROAD
TRAINMEN
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and BROTHERHOOD OF LOCOMOTIVE
FIREMEN AND ENGINEMEN
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL No. 496
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and INTERNATIONAL BROTHERHOOD
OF BOILER MAKERS, IRON SHIP BUILDERS & HELPERS, LOCAL No. 632
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and INTERNATIONAL ASSOCIATION
OF MACHINISTS, LODGE No. 1563
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and INTERNATIONAL BROTHERHOOD
OF BLACKSMITHS , DROP FORGERS & HELPERS, LOCAL No. 606
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and UNITED ASSOCIATION OF JOUR-
NEYMEN PLUMBERS & STEAM FITTERS OF THE UNITED STATES ce,
CANADA, LOCAL No. 586
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and UNITED BROTHERHOOD OF CAR-
PENTERS & JOINERS OF AMERICA, LOCAL No. 987
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and INTERNATIONAL UNION OF OPER-
ATING ENGINEERS , LOCAL No. 890
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CON-
SOLIDATED COPPER CORPORATION and OFFICE, TECHNICAL AND CLER-
ICAL WORKERS, AFL
In the Matter of KENNECOTT COPPER CORPORATION NEVADA CONSOLI-
DATED COPPER CORPORATION and INTERNATIONAL UNION OF MINE,
MILL AND SMELTER WORKERS
40 N. L . R. B., No. 175.
986
KENNECOTT COPPER CORPORATION 987
Cases Nos. R-3004 to 3014 i'nclusi've, respectively. Decided April
29, 1942
Jurisdiction : copper mining and refining industry.
Investigation and Certification, of Representatives : existence of question: re-
fusal to accord petitioners recognition, labor organization although not per-
mitted to intervene because of insubstantial showing of membership to be
accorded place on ballot upon request ; elections necessary.
Units Appropriate for Collective Bargaining : (1) all employees of the office
departments at Santa Rita, samplers, the sample room grinder, warehouse
floormen, and the engineering department office clerk engaged in the Santa
Rita operations ; and employees of the Hurley miscellaneous clerical depart-
ment, time office employees, warehouse floormen and clerks, the clerk helper
of the carpenter shoji, the clerk-helper of the construction department, the
driver-clerk of- the truck garage, assayers, chemists, samplers, and weigh-
masters employed at the Hurley operations of the Company, excluding super-
visors, assistant supervisors, all foremen having the authority to hire and
discharge, foremen having the authority to recommend discharge, and ware-
house laborers; (2) remaining employees may properly constitute an in-,
dustrial or several craft units; determining factor desu es of employees,
determination of, dependent upon elections.
Practice and Procedure : service of notice of hearing waived by Company and
labor organizations during hearing.
Mr. Paul S. Kuelthau, for the Board.
Mr. J. F. Woodbury, of Silver City, N. M., for the Company.
Mr. C. H. Smith, of Fort Worth, Tex., Mr. L. M. Sims, of Santa
Rita, N. M., and Mr. William L. Pavey, of Santa Rita, N. M., for the
B.R.T.
Mr. C. F. Thomas, of St. Elmo , Ill., and Mr. E. E. Peters, of Santa
Rita, N. M., for the B. L. F. E.
Mr. A. E. Edwards, of Oklahoma City, Okla., for the I. B. E. W.
Mr. W. D. Taylor, of Kansas City, Kans., for the Boiler Makers.
Mr. C. L. Bentley, of San Diego, Calif., for the I. A. M.
Mr. C. C. Hanley, of Santa Rita, N. M., for the Blacksmiths.
Mr. Charles A. Cooper, of Albuquerque, N. M., for the Plumbers.
Mr. Paul M. Peterson, of Silver City, N. M., for the Carpenters.
Mr. John C. Fitzgerald, of Los Angeles, Calif., for the Operating
Engineers.
Mr. 0. G. Wright, of Santa Fe, N. M., and Mr. Paul M. Peterson,
of Silver City, N. M., for the A. F. of L. Unions.
Mrs. Margaret Bennett Porter and Mr. Howard Goddard, of Denver,
Colo., and Mr. James Robinson and Mr. Glenn Gillespie, of Silver City,
N. M., for the Smelter Workers.
Mr. J. H. Shettler, of Silver City, N. M., for the Association.
Mr. Frederic B. Parkes, end, of counsel to the Board.
'988 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT ON THE CASE
On February 14, 1941, Brotherhood of Railroad Trainmen and
Brotherhood of Locomotive Firemen and Enginemen, herein respec-
tively called the B. R. T., the B. L. F. E., and, sometimes collectively
called the Brotherhoods, each filed with the Regional Director for
the Twenty-second Region (Denver,, Colorado) a petition alleging
that a question affecting coi inerce had arisen concerning the
representation of employees of Kennecott Copper Corporation,
Nevada Consolidated Copper Corporation, Santa Rita and Hur-
ley, New Mexico, herein called the Company,' and requesting an
investigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat.-449, herein called
the Act. On February 20, 1941, petitions were also filed by Interna-
tional Brotherhood of Electrical Workers, Local No. 496,= herein
called the I. B. E. W.; International Brotherhood of Boiler Makers,
Iron Ship Builders & Helpers, Local No. 632,3 herein called the Boil-
ermakers; International Association of Machinists, Lodge No. 1563,
herein called the I. A. M.; International Brotherhood of Blacksmiths,
Drop Forgers & Helpers, Local No. 606, herein called the Blacksmiths;
United Association of Journeymen Plumbers & Steam Fitters of the
United States & Canada, Local No. 586, herein called the Plumbers;
United Brotherhood of Carpenters & Joiners of America, Local No.
987,4 herein called the Carpenters; and on February 24, 1941, by In-
ternational Union of Operating Engineers, Local No. 890, herein called
the Operating Engineers. On June 21, 1941, the I. B. E., W., the Boil-
ermakers, the I. A. M., the Blacksmiths, the Plumbers, the Carpenters,
and the Operating Engineers, each filed a first amended petition. On
September 8 and 9, 1941, respectively, International Union of Mine,
Mill and Smelter Workers,5 herein called the Smelter Workers, and
I The name of the Company was ei roneously designated as Nevada Consolidated Copper
Corporation in some of the petitions and foi coal papers, all of which were corrected by
amendment at the hearing '
The name of the organization was erroneously stated to be International Brotherhood
of Electrical Workers of America, Local No 496. in its petitions and in some of the formal
papers, all of which weio coirecte,l by amendment at the hearing
3The name of, the organization was erroneously stated-to-be International Brotherhood
of Boiler Makers, Iron Ship Builders & Helpers, Local No 623, in its petitions and in some
of the formal papers, all of which wine corrected by amendment at the hearing
4 The name at the organization was erroneously stated to be United Brotherhood of
Carpenters & Joiners of America, Local No 2138, in its petitions and in some of the for-
mal papeis, all of which were corrected by amendment at the healing
5 The name of the organization was erroneously stated to be International Union Mine,
Mill and Smelter Workers in some of the formal papers
KENNECOTT COPPER CORPORATION 989
Office, Technical and Clerical Workers, A. F. L., herein called the Cler-
ical Workers,° each filed a petition. On August 23, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,, ordered
an investigation in Cases Nos. R-3004 through R-3012, inclusive, au-
thorized the Regional Director to conduct it and to provide for an ap-
propriate hearing upon due notice, and, acting pursuant to Article III,
Section 10 (c) (2), of said Rules and Regulations , further ordered
that the aforesaid nine cases be consolidated. On September,8 and .9,
1941, respectively, the Board ordered an investigation in Cases Nos.
R-3013 and R-3014 and authorized the Regional Director to conduct,
it and to provide for an appropriate hearing upon due notice, and fur-
ther ordered that the two cases be consolidated with the nine previ-
ously mentioned.
On August 27, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the B. R. T.,,
the B. L. F. E., the I. B. E. W., the Boilermakers,, the I. A. M., the
Blacksmiths, the Plumbers, the Carpenters, the,Operating Engineers,
and the Smelter Workers.7 Pursuant to notice, a hearing wasbeld
from September 8 to 12, 1941, inclusive, at Silver 'City, New Mexico,
before Mortimer Riemer, the Trial Examiner duly designated by the
Chief Trial Examiner. At the beginning of the hearing, the Smelter
Workers moved to intervene. The Trial Examiner granted the mo-
tion. During the hearing American' Employees' Association, a labor
organization claiming to represent employees of the Company directly
affected by the investigation, moved to intervene. The Trial Examiner
denied the motion. The ruling is hereby affirmed., The Board, the
Company, the B. R. T., the B. L. F. E., the I. B. E. W., the Boiler-
makers, the I. A. M., the Blacksmiths, the Plumbers, the Carpenters,
the Operating Engineers, the Clerical Workers, and- the Smelter
Workers were represented and participated in the hearing. Full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties. Dur-
ing the hearing, the A. F. of L. Unions moved to strike from the rec-
O The I B E W , the Boilermakers , the I . A M, the Blacksmiths, the Plumbers, the
Carpenters , the Operating Engineers , and the Clerical workers, are sometimes collectively
called , herein , the A . F. of L Unions
7 During the hearing, the Clerical workers waived service of the notice of ; hearing
The Company and the labor organizations during the hearing waived service of notice of
hearing on Cases Nos R-3013 and R-3014 -
OThe Association submitted a copy'of its Articles of Incorpoiation bearing the type-,
written signatures of 112 names, 92 of which were found by the counsel for the Board
on the Company's Santa Rita pay roll The Association also submitted 17 application-for-
membership cards of which 15 were dated September 6, 1941 , and' 2 were dated September
7, 1941. The counsel for the Board found the names of 14 on the Company's Santa Rita
pay loll We are affimmng the ruling of the Trial Examiner, in view of the insubstantial
showing of membership by the Association among the employees here involved
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ord all testimony relating to the eligibility of various races and na-
tiorialities to membership in the A. F. of L. Unions. The Trial Ex-
aminer reserved ruling on the motion for the Board. The motion is
hereby denied. At the close of the hearing, the A. F. of L. Unions
moved that they be certified on the basis of the record. The Brother-
hoods each made a similar motion. The Trial Examiner reserved
rulings on these motions for the Board. The motions are hereby de-
nied. The Smelter Workers moved that the petitions of the A. F. of
L. Unions and of the Brotherhoods be dismissed. The Trial Exam-
iner.reserved rulings on the motions for the Board. The motions are
hereby denied. During the course of the hearing, the Trial Examiner
made various rulings on other motions and on objections to the ad-
mission of evidence. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Pursuant to notice, a hearing for the purposes of oral argument
was held before the Board on October 9, 1941, at Washington, D. C.
The B. R. T., the B. L. F. E.; the Plumbers, the I. A. M., the A. F. of
L. Unions," and the Smelter Workers were represented and presented
argument. On September 26, 1941, the B. R. T. and the B. L. F. E.
filed a joint brief, and on October 6, 19,41, the Smelter Workers filed
a brief. The Board has considered all briefs.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kennecott Copper Corporation, a New York corporation, owns the
mining property here involved, consisting of an open-pit copper mine
at, Santa Rita, New Mexico, and a concentrating mill and smelter at
Htti•ley, Newv Mexico, which is approximately 10 miles,from Santa Rita.
Nevada Consolidated Copper Corporation, a Delaware corporation,
is a wholly owned subsidiary of Kennecott Copper Corporation.
Nevada Consolidated Copper Corporation manages and operates the
mining property. The ore mined at Santa Rita is hauled to the con-
centrator at Hurley. The concentrates produced at Hurley and the
copper precipitates' produced at Santa Rita are smelted at Hurley,
resulting in blister copper, all of which is shipped to points outside
the State of New Mexico. The annual production of mill ore acid of
blister copper is approximately 6,400,000 tons and 60,000 tons, re"
spectively. The Company employs approamiately 1,800 employees
at its Santa Rita and Hurley operations.
s The Plumbers and the I A M each entered a separate appearance In addition, an
appearance was entered for all the A F of L Unions collectively
KENNECOTT COPPER CORPORATION
II. THE ORGANIZATIONS INVOLVED
991
Brotherhood of Railroad Trainmen and Brotherhood of Locomotive
Firemen and Engh amen are unaffiliated labor organizations admitting
employees of the Company to membership.
International Brotherhood of Electrical Workers, Local No. 496;
International Brotherhood of Boiler Makers, Iron Ship Builders &
Helpers, Local No. 632; International Association of Machinists, Lodge
No. 1563; International Brotherhood of Blacksmiths, Drop Forgers &
Helpers, Local No. 606; United Association of Journeymen Plumbers
& Steam Fitters of the United States & Canada, Local No. 586; United
Brotherhood 'of Carpenters & Joiners of America, Local No. 987;
International Union of Operating Engineers, Local No. 890; and
Office, Technical and Clerical Workers, are labor organizations affili-
ated with the American Federation of Labor, admitting employees
of the Company to membership.
International Union of Mine, Mill and Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting employees of the Company to membership.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Brotherhoods, the A. F. of L. Unions, and the Smelter Workers
have requested and have been denied recognition by the Company as
the bargaining representatives of the employees within the respective
units each labor organization claims to be appropriate.
From statements made at the hearing by the attorney for the Board,
following his examination of petitions, membership application cards,
and authorization cards submitted by the various labor organizations
involved, it appears that the Brotherhoods, the A. F. of L. Unions,
and the Smelter Workers each represents a substantial number of
employees within the respective units they claim to be appropriate 10 -
10 The B . R T submitted 59 authorization cards dated July 1941, bearing apparently
genuine signatures , 58 of which were names appearing on the Santa Rita pay roll of
September 1, 1941. There are approximately 77 employees within the unit claimed by
the B R T to be appropriate.
The B . L. F E. submitted 47 authorization cards dated July 1941, bearing apparently
genuine signatures , of which 46 were names appearing on the Santa Rita pay roll of
September 1, 1941. There are approximately 50 employees within the unit claimed by
the B . L. F. E to be appropriate.
The I B. E W. submitted two petitions authorizing the I. B. E W. to represent the
signers for the purposes of collective bargaining The Santa Rita petition bore 22 apparently
genuine signatures , of which 5 were undated , and 17 were dated June 16 and 17, 1941.
Seventeen of the signatures were names on the Santa Rita pay roll of September 1, 1941.
The Hurley petition bore 29 apparently genuine signatures , of which 4 were dated September
4, 3941„ and 25 were dated between June 16 and 19, 1941. Twenty-five of the signatures
were names on the Santa Rita pay roll of September 1, 1941 There are approximately 100
employees within the unit urged by the I B E W . to be appropriate
The Boilermakers submitted similar petitions The Santa Rita petition bore 21 apparently
genuine signatures dated June 17 and 18, 1941, 20 of Which were names on the Santa Rita
pay roll of September 1, 1941. The Hurley petition bore 36 apparently genuine signatures
992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions have arisen concerning the representation of
employees of the Company.
IV. TI3E EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section If above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
A. Contentions of the parties
In broad outline, each of the brotherhoods and each of the A. F.
of L. Unions has petitioned for a bargaining unit composed of the
skilled employees of the Company, engaged in an occupation tiwhich
of which 4 were dated September 3, 1941, and 32 were dated June 18 and 19, 1941.
Thirty-one of the signatures were names on the Hurley pay roll of September 1, 1941.' There
are approximately 64 employees in the unit claimed by the Boilermakers to be appropriate.
The I A M. submitted similar petitions The-Santa Rita petition bore 22 apparently
genuine signatures , of which 17 were dated June 16,and 17, 1941, and 5 were undated.
Seventeen signatures are the names of persons on the Santa Rita pay roll of September 1,
1941 The Hurley petition bore 29 apparently gpnuine signatures , of which 25 were dated
between June 16 and 19, 1941, and 4 were dated September 4, 1941. Twenty-five signatures
were names on the Hurley pay roll of September 1, 1941. The I A M. also submitted 2
application cards bearing apparently genuine signatures of employees appearing on the
Company's pay roll There are approximately 91 employees within the unit claimed by the
I. A M to be appropriate.
The Blacksmiths submitted similar petitions . The Santa Rita petition bore 18 apparently
genuine signatures , dated June 17, 1941, 17 of which are names on the Santa Rita pay roll
of September 1, 1941 The Hurley petition bore 7 apparently genuine signatures, dated
between June 18 and 20 , 1941, 6 of which are names on the Hurley pay roll of September 1,
1941. There are approximately 25 employees within the unit claimed to be appropriate
by the Blacksmiths
The Plumbers submitted a similar petition which had been circulated at Hurley. The
petition bore 30 apparently genuine signatures , of which 27 were dated June 17 and 18,
1941, and 3 were dated September 3, 1941. Twenty-six signatures were names on the
Hurley pay roll of September 1, 1941. The Plumbers also submitted 2 application cards,
bearing apparently genuine signatures , both of which were names on the Santa Rita pay
roll There are approximately 35 employees within the unit sought by the Plumbers.
The Carpenters submitted similar petitions The Santa Rita petition bore 46 apparently
genuine signatures , dated between June 17 and 20, 1941, of which 37 were names on the
Santa Rita pay roll of September 1, 1941. The Hurley petition bore 65 apparently genuine
signatures of which 14 were dated in September , 37 were dated between June 17 and 19,
1941, and 14 were undated Fifty signatures were names on the Hurley pay roll of
September 1, 1941 There are approximately 115 employees within the unit claimed to
be appropriate by the Carpenters
The operating Engineers submitted similar petitions . The Santa Rita petition bore 64
apparently genuine signatures, 18 of which were undated , 40 were dated between June 16
and 19, 1941, 2 were dated in August 1941 , and 4 were dated in September 1941. Fifty-
three signatures were names on the Santa Rita pay roll of September 1, 1941. The Hurley
petition bore 74 apparently genuine signatures dated between June 16 and 20. 1941. of
KENNECOTT COPPER CORPORATION 993)
brings them within the jurisdiction of the respective petitioners. ' In,
the main, none of these organizations seeks to represent unskilled,.
or common laborers., Their petitions collectively embrace approxi-,
' mately, 940 of the 1,800 employees working at the Santa Rita and
Hurley operations of the Company. On the other hand, the Smelter
Workers denies the appropriateness of the units urged by the Broth-
erhoods and the A.- F. of L. Unions and insists that only an industrial
unit, including all production and maintenance employees and ex-
cluding deputies and administrative, office, technical, clerical, hospital,
and supervisory employees, is appropriate for the purposes. of col-
lective bargaining. The Company stated no definite position as to
the appropriate unit except to deny the appropriateness of the units
sought by the Brotherhoods and the,A. F. of L. Unions.
At Santa Rita the Company operates a surface or open-pit mine,,
the sides of which are a series of terraces or benches ascending from
the bottom of the pit. Railroad tracks are laid on the floor of each
bench. Mechanical shovels, operating from railroad tracks, remove
the waste and ore,-previously loosened by blasting, from the face of
the benches and load it into waste and ore cars. As the sides of the
benches recede, it is necessary to shift the tracks nearer the face.
The loaded cars are brought by car droppers, who use hand brakes
to control the descent of the cars on the downgrade, to the mine train
yard where the waste trains and ore trains are made up. The waste
is hauled by the Company's transportation department to the dumps.
The ore trains are hauled by the Atchison, Topeka, & Santa Fe Rail-
road, herein called the Santa Fe R. R., to the Hurley plant, some 10
miles distant from the Santa Rita mine.
The ore cars upon delivery at Hurley are placed by the Santa Fe
R. R. at the crushing mill, where the ore is pulverized by several
which 58 were on the Hurley pay roll of September 1, 1941. The Operating Engineers also
submitted 16 authorization cards, dated between May 24 and September 11, 1941, all of
which bore apparently genuine signatures of names of persons on the Hurley pay roll of
September 1. 1941 There are approximately 322 employees within the unit claimed by the
Operating Engineers to be appropriate.
The Clerical Workers submitted 20 authorization cards bearing apparently genuine
signatures , of which 2 were dated September 1, 1941 , and 18 were dated in August 1941.
Seven signatures were names on the Santa Rita pay roll and 11 were on the Hurley pay
roll There are approximately 73 employees within the unit claimed by the Clerical Workers
to be appropriate
The Smelter Workers submitted 760 application cards bearing apparently genuine signa-
tures , 8 of which were undated , and the remainder of which were dated between February
15 and September 10, 1041 Of such signatures , 225 were names on the Santa Rita pay, roll
and 386 were on the Hurley pay roll. There are approximately 1,668 employees within the
unit claimed by the Smelter Workers to be appropriate.
The attorney for the Board reported that there were 15 duplications between the author-
ization evidence submitted by the Operating Engineers and the Association , 9 between the
I B E. W. and the Association, 3 between the Smelter Workers and the I. A. M., 2 between
the Plumbers and the Association , 1 between the Smelter Workers and the B. R T, 2 between
the Association and the B R T, 1 between the Clerical Workers and the Association,
1 between the Smelter Workers and the Operating Engineers , and 1 between the Smelter
Workers and the Clerical Workers.
455771-42-vol 40-63
994 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
crushing operations. The crushed ores then pass to the flotation plant,
where, by the use of reagents, copper is separated from the ore and
copper concentrates are produced. The concentrates are loaded in
railroad cars and are switched to the smelter by the Santa Fe R. R.
The smelter's reverberatory furnaces melt the concentrates,, producing
a slag, called matte, and raising the grade of the copper concentrate
6 or 7 percent. The matte passes to the converters, where air pressure
is applied, producing blister copper, the ultimate product of the
Hurley operations.
The Santa Rita operations and the Hurley operations are, in gen-
eral, organized on departmental lines separate and distinct from-each
other. However, the two divisions are under the direction of a gen-
eral manager and-an assistant general manager, and the power plant,
accounting department, and'engineer department at Hurley serve
both the Santa Rita and Hurley operations.
The Brotherhoods, the A. F. of L. Unions, and the Smelter Work- _
ers have extended their organizational activities to employees of the
Company's Santa Rita and Hurley operations and seek units com-
prising employees of both branches. We find that the employees of
the Company's Santa Rita and Hurley operations may be combined
in units for the purposes of collective bargaining.
The B. R. T. contends that brakemen, switchteliders," lookout
men '12 and car droppers employed by the Company constitute a unit
appropriate for the purposes of collective bargaining. The B. L.
F. E. claims that all locomotive engineers and firemen, hostlers, and
hostler helpers constitute a separate appropriate unit. ' The em-
ployees whom the Brotherhoods seek to represent are engaged in the
Company's railroad transportation system, performing the duties
customarily associated with such employees. One of the engineers
performs hostler's duties and two of the firemen are engaged in the
duties of hostler helpers.
The I. B. E. W. seeks as unit composed of all the electricians,
electrician helpers, electrician apprentices, motor tenders, motor
oilers, and all employees in the power plant with' the exception of
ashmen and sweepers. The electricians, electrician helpers, and elec-
trician apprentices employed at Santa Rita are engaged in installing
and maintaining trolley.and power lines in .the mines -and townsite
and iii repairing electric motors, electric locomotives, and all electrical
equipment used in the mines. Those at, Hurley perform similar
maintenance and repair work in connection with the equipliient and
11 Switchtenders are stationed at vital switchbacks in the mine and, upon orders from
the lookout men, throw the switches and relay orders to the train crews
12Lookout men are 'dispatchers who direct the movement of the trains by telephoning
to'.the switchtenders
KENNECOTT COPPER CORPORATION 995,
townsite. The motor tender inspects all the motor bearings through-
out the Hurley operations and the motor oiler oils those bearings.
The I. B. E. W. also seeks to represent the engineers, firemen, as-
sistant engineers, assistant firemen, switchboard operators'13 chemists,14
and water tenders 15 of the Hurley power plant, which generates all
electrical energy required by the Company's engine operations.
The Boilermakers claims that all the boilermakers, boilermaker
helpers, welders, boilermaker layerout men, and the Hurley car re-
pairman constitute an appropriate unit. - The Boilermakers desires
to represent the boilermaker and 1 elper who perform electric welding
and sheet metal work in connection with the repair of electric shovels
find the boiler shop employees at Santa Rita. Of the Hurley em-
ployees, the Boilermakers would bargain for the boiler shop em-
ployees, who coli7prise boilermakers, boilermaker layerout men, boiler-
maker helpers, boilermaker apprentices, welders, and a car repairman.
The Blacksmiths seek a unit composed of blacksmiths, apprentices,
blacksmith helpers, tool sharpeners, tool sharpener helpers, hammer-
men, and hammermen helpers. The Blacksmiths' unit is composed
of the employees of the blacksmith shops at Hurley and Santa Rita.
The Plumbers insists that all plumbers, plumber helpers, pipe fit-
ters, pipe fitter helpers, pipe shop helpers, and repairman of the
Hurley pipe shop and smelter repair department' constitute an ap-
propriate unit. These employees are engaged in installing and
repairing all plumbing equipment in the operations and townsites
of the Company's Santa Rita and Hui-ley operations.
The Carpenters desires a unit composed of all carpenters, car-
penter apprentices, carpenter helpers, carpenter repairmen, painters,
and painter helpers. The carpenters, helpers, apprentices, and re-
pairmen are engaged in construction work and in the maintenance
of the townsites and plant property at Hurley and Santa-,Rita. The
Carpenters would also represent the painters and painter helpers,
having been granted such authority from the American Federation
of Labor.
The I. A. M. claims that machinists and machinist helpers of the
shovel repairs department; machinists, apprentices, and helpers of the
Santa Rita and Hurley,machine shops; the Santa Rita truck me-
chanic; the Santa Rita bulldozer mechanic; the tinners of the Santa
'Rita machine shop; mechanics, repairmen, trippermen, helpers, and
welders of the smelter mechanical department; repairmen, the burner,
and repair helpers of the Hurley truck repair department; repairmen
of the Hurley general mill repair department; and Hurley rigger
n Switchboard operators control the release of electric energy to the power lines.
" Chemists operate the water softening plant
' Water tenders keep the boilers supplied with water and clean the boilers.
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
repairmen constitute an appropriate unit. These employees are, in.
general, engaged in machinists' work in connection with the, main-
tenance and repair,of mechanical equipment used in the Company's
operations.
The Operating Engineers requests a unit composed of prospect
drillers,16 prospect driller helpers, churn drillers,17 churn driller,
helpers ; electric shovel engineers 18 and oilers;19 pifinen ; 20 track
shifter operators and helpers; 21, compressormen; 22 pumpmen; 23 lo-
comotive crane engineers and operators; bulldozer operators; 24 crush-
ing department operators; fine grinding department operators;
flotation department operators ; lime operators and helper ; rever-.
beratory department operators; converter department operators;
brown hoist operator and helper of the machine shop ; shovel opera-
tor and oiler of the truck department; the catskinner and blade-
men; 22 cranemen of the general mill repair department; oiling
department employees; 26 and the hoistman of the construction de-
partment; excluding laborers, loaders, and the handyman of the
reverberatory and converter departments. The unit is limited to
production employees, embracing all operators of power-driven
equipment, those who assist such operators, and those who operate or
assist in the operation of any appurtenances to such power-driven
equipment.
The Clerical Workers alleges that all office, technical, and clerical
employees, excluding supervisory employees, engineers, and six Santa
Rita samplers, constitute an appropriate unit. It would represent
samplers, the sample room grinder, secretaries, stenographers, clerks,
timekeepers, typists, floormen, warehouse laborers, weighmasters,
chemists, and assayers, substantially all of whom perform duties that
require clerical or technical skill. The I. B. E. W., the Boilermakers,
the I. A. M., the Blacksmiths, the Plumbers, the Carpenters, and the
1° Prospect drillers bore holes, 1,000 to 1,200 feet in depth, for the purpose of locating
ores.
"Chain drillers bore holes in the sides and floor of the benches, preparatory to the
blasting process
"Electric shovel engineers operate the shovels which load the waste and ore into
railroad cars
"Oilers assist the electric shovel engineers and, in fact, are apprentices
20 Pitmen assist the shovel engineers and oilers in the operation of the revolving
shovel, moving the rail sections forward adjusting sections, and moving the drainage
pump when necessary
21 Track shifters and helpers operate machines which shift or raise railroad tracks
on the benches and dumps
2" Compressormen operate air compressing machines
23 Pumpmen operate small centrifugal pumps used for dewatering in the mining
operation
24 Bulldozer operators are in charge of machines used in shifting tracks
21 The catskinner and blademen operate caterpillar tractors used in connection with
road grading work.
a0 The employees of this department oil the equipment of the Company's Hui ley
operations. . `
KENNECOTT COPPER CORPORATION -997
Operating Engiheers would exclude from their respective units cler-
ical employees, which are claimed by the Clerical Workers. The
A. F. of L. Unions would exclude from the units which they urge to
be appropriate all supervisors, assistant supervisors, foremen having
the authority to hire and discharge, and foremen having the authority
to recommend discharge.
The Smelter Workers contends that all production and mainte-
nance employees, including samplers, the sample room grinder, ware-
house laborers, and watchmen, but excluding deputies, -warehouse
clerks and floormen and administrative, office, technical, clerical, hos-
pital, and supervisory employees, constitute an appropriate unit.
Aside from the negotiation by the various organizations of griev-
ances of individual members, there is no history of collective bargain-
ing among the Company's employees which may be considered
determinative of the appropriate units. The Brotherhoods and the
A. F. of L. Unions have shown substantial membership among the
general identifiable groups described above. On the other hand, the
record demonstrates the closely integrated nature of the Company's
operations. From the foregoing, it appears that the employees in
the units sought by the Brotherhoods and the A. F. of L. Unions,
with the exception of the Clerical Workers' lulit,21 might properly
constitute separate bargaining units or might be merged in a single
unit with all other production and maintenance employees. In this
situation, we believe that the desire of these employees themselves
is the chief factor to be considered in determining whether they
shall constitute'separate units or become'parts of a larger unit. 21
B. The Clerical Workers' unit
As heretofore stated, the Clerical Workers seeks a unit composed
principally of clerical and technical employees working at both the
Santa Rita and Hurley operations. Among the classifications of
employees whom the Clerical Workers would include in its unit are
warehouse laborers, samplers, a sample room grinder at Hurley, and
12 of the 18 samplers employed at the Santa Rita mine. The Clerical
Workers would exclude six of the Santa Rita samplers on the ground
that they perform less technical duties than the other samplers: The
Smelter Workers makes no claim to any of the employees in the
Clerical Workers' unit except warehouse laborers, samplers, and the
27 The Clerical workers unit, with certain modifications, is hereinafter found to be a
separate appropriate bargaining unit
28 See Matter of ' The Globe Machine and Stamping Co and Metal Polishers, Union,
Local No 3 ; International Association of Machinists , District No. 54; Federal Labor
Untan 18788, and United Automobile Workers of America, 3 N. L. R B 294; Matter of
Phelps Dodge Corporation, Copper Queen Branch, Smelter Derision and International
Brotherhood of Electrical Workers, Local No B-4., et al, 34 N L R B 846
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sample room grinder. The Warehouse laborers cle h the warehouses
and assist in handling warehouse supplies. Since these employees
principally perform manual work and have no substantial clerical
or technical duties, we are of the opinion that they should be ex-
cluded from the Clerical Workers' unit and included within the indus-
trial unit sought by the Smelter Workers. The record indicates that
the samplers perform duties of a somewhat technical character which
is related to the work of the chemists and assayers who are laboratory
employees. The work of the sample room grinder is also closely
related to that of other technical employees. We shall therefore
include in the Clerical Workers' unit all samplers employed both at
Santa Rita and Hurley and the sample room grinder.29
We find that all employees of the office departments at Santa Rita,
samplers, the sample room grinder, warehouse floormen, and the
engineering department office clerk engaged in the Santa Rita opera-
tions; and employees of the Hurley miscellaneous clerical depart-
ment, time office employees, warehouse floormen and_ clerks, the clerk-
helper of the carpenter shop, the clerk'helper of the construction
department, the driver-clerk of the truck garage, assayers, chemists,
samplers, and weighmasters employed at the Hurley operations, ex
eluding supervisors, assistant supervisors, all foremen having the
authority to hire and discharge, foremen having the authority to
recommend discharge, and warehouse laborers, constitute an appro-
priate unit for the purposes of collective bargaining. We further
find that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise will effectuate the policies of the Act.
C. The remaining voting units
There remains for consideration the specific composition of the
remaining voting units.
As indicated previously, the Boilermakers would include the car
repairman employed at Hurley in repairing and oiling the standard
gauge concentrate cars owned and operated by the Company in con-
nection with transporting concentrates from the flotation plant to
the smelter, both of which are part of the Hurley operations. How-
ever, at the hearing it did not include the triple valve man and the
car repairmen employed at the Santa Rita car repair shop in repair-
ing the waste cars owned by the Company and some of the_ore cars
owned by the Santa Fe R. R. Such work involves the handling and
29 Since the record fails to distinguish any substantial difference between the 12 samplers
at Santa Rita whom the Clerical workers desires to include and the 6 samplers whom,
it'desires to exclude, it is our opinion, and we find,, that all samplers should be included
in' the Clerical workers' unit.
KENNECOTT COPPER CORPORATION 999
cutting of heavy plate, the bucking and driving of hot rivets, and
the bending of plates and shapes for use in waste , car repairs. They
also repair, and remove brakes and valves from the cars . We shall
include the car repairmen and the triple valve man in the
Boilermakers ' voting unit.
The I. A. M. would include the tinners employed in the Santa
Rita machine shop in its unit but would exclude the tinner, helper,
apprentice, and layerout employed in the Hurley tin shop. The
record discloses that both the Hurley and Santa Rita tinners fabri-
cate various articles of light sheet metal . The Santa Rita tinners
spend part of their time in pouring babbitt metal in bearing cases
and work under the direction of the master mechanic. We do not
believe these considerations sufficient to warrant their inclusion in
the I. A. M.'s unit and shall accordingly exclude all tinners, tinner
apprentices, tinner helpers, and tinner layerouts from the I. A. M.'s
voting unit . The I . A. Al. did not claim at the hearing to represent
the riggers of the Hurley general mill repair department who assist
in the assembling and disassembling of equipment, although it
claimed to represent repairmen who work in the same department.
There is no substantial difference in the skill of riggers and repair-
men, and we believe that both groups of employees should be in-
cluded in the I. A. M.'s voting unit. Nor did the I. A. M. include
the machinist, machinist helper, and repairman of the pump depart-
ment. The record discloses that they are skilled machinists engaged
in repairing the pumps. We shall include the riggermen of the
general mill repair department, and the machinist, machinist helper,
and repairman of the pump department in the I. A. M.'s voting unit.
The Boilermakers at the hearing urged the inclusion ,of the boiler
shop clean-up men in its unit. Those employees sweep the shop and
clean the boiler shop machines. So far as the record indicates, they
are not skilled employees . The other A. F. of L. Unions exclude
clean-up men and janitors from their units. We shall accordingly
exclude the clean-up men from the Boilermakers ' voting unit.
The Operating Engineers would include oil inspectors in its unit;-
the Smelter Workers requests that they be excluded, from its unit.
These employees assist the oiling foremen in inspecting and checking
all equipment , to insure that each piece of equipment receives the
proper kind and amount of lubricant. Since it appears that oil in-
spectors have the authority to recommend discharge of oilers and the
labor organizations agreed to exclude all employees with that degree
of authority, we shall exclude them from all voting units.
The Operating Engineers would apparently include oiler clean-up
men in its unit. The record shows that they clean the various oil
houses , oil containers , and equipment. The record does not disclose
1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that this work requires particular skill or training. Since the A. F.
of L. Unions have excluded clean-up men and janitors from the units
sought herein, we shall exclude the oiler clean-up men, from the
Operating Engineers' voting unit.
The record discloses that two employees 30 classed as machinist
helpers on the Santa Rita pay roll are actually engaged in the duties
of hostler helpers. The I. A. M. therefore did not desire to represent
them. Since two of the firemen claimed by the B. L. F. E. are hostler
helpers, we shall include these two employees in the B. L. F. E.'s
voting unit.
It appears that another employee,S1 who is also classified on the
Santa Rita pay roll as a machinist helper, is, in fact, employed as
a plumber helper. He was specifically excluded from the I. A. M.'s
unit and was not claimed by the Plumbers at the hearing. In view
of his present duties, we shall' include him in the Plumbers' voting
unit.
The Smelter Workers would include in its unit, and the A. F. of L.
Unions would exclude from their units, watchmen employed at the
Santa Rita and Hurley operations. Watchmen are stationed at the
entrances to the plant and mines and operate the gates. Since self-
organization on an industrial basis has apparently extended to watch-
men, we shall include them in the industrial voting unit.
The A. F. of L. Unions, and the Smelter Workers are in agreement
on the exclusion of deputies and supervisory employees from the
voting units. Deputies police the plant, mine, and townsites. We
shall exclude deputies, supervisors, assistant supervisors, foremen hav-
ing the authority to hire and discharge, and foremen having authority
to recommend discharge from the voting units.
Upon the basis of the entire record and in accordance with the fore-
going findings of fact, we shall order elections among the employees
of the Company at its Santa Rita and Hurley operations, within
the groups described below :
(1) Brakemen, switchtenders, lookout men, and car droppers, ex-
cluding supervisors, assistant supervisors, all foremen having the
authority to hire and discharge, and foremen having the authority to
recommend discharge, to determine whether they desire to be repre-
sented by the B. R. T. or by the Smelter Workers for the purposes of
collective bargaining, or by neither;
(2) Locomotive engineers and firemen, hostlers, and hostler helpers,
including the machinists' helpers performing hostler helpers' duties,
but excluding supervisors, assistant supervisors, all foremen having
the authority to hire and discharge, and foremen having the authority
l
80 Specifically , Jose Preciado and Leon Avalos
3' Specifically, L E. Goetz '
KENNECOTT COPPER CORPORATION 1001
to recommend discharge, to determine whether they desire to be
represented by the B. L. F. E. or by the Smelter Workers for the
purposes of collective bargaining, or by neither ;
(3) Electricians, electrician helpers, and electrician apprentices
employed at Santa Rita; smelter electricians; engineers, firemen, as-
sistant engineers, assistant firemen, switchboard operators, water
tenders, and. chemists of the Hurley power plant; and electricians,
electrician helpers, the motor tender, and the motor oiler of the
electrical division of the Hurley machine shop department, excluding
clerical employees, supervisors, assistant supervisors, all foremen hav-
ing the authority to hire and discharge, and foremen having the
.authority to recommend discharge, to determine whether they desire
to be represented by the I. B. E. W. or by the Smelter Workers for
the purposes of collective bargaining, or by neither;
(4) The boilermaker and helper of the shovel repair department
and boilermakers, helpers, and welders of the boiler shop at Santa
Rita ; and boilermakers, boilermaker layerout men, boilermaker
helpers, boilermaker apprentices, welders, and the car repairman
employed in the Hurley boiler shop, including the Santa Rita car
repairmen and the triple valve man, but excluding clean-up men,
clerical employees,,supervisors, assistant supervisors, all foremen hav-
ing the authority to hire and discharge,- and foremen having the
authority to recommend discharge, to determine whether they desire
to be represented by the Boilermakers or by the Smelter Workers
for the purposes of collective bargaining, or by'neither;
(5) Blacksmiths, blacksmith helpers, blacksmith apprentices, ham-
mermen, hammermen helpers, tool sharpeners, and tool sharpener
helpers of the_ Santa Rita blacksmith shop, and blacksmiths, ham-
mermen, and blacksmith helpers of the Hurley blacksmith shop, ex-
cluding clerical employees, supervisors, assistant supervisors, all
foremen having the authority to hire and discharge, and foremen
having the authority to recommend discharge, to determine whether
they desire to be represented by the Blacksmiths or by the Smelter
Workers for the purposes of collective bargaining, or by neither;
(6) Plumbers, plumber apprentices, and plumber helpers of the
Santa Rita mechanical department; pipefitters and helpers of the
Hurley powerhouse ; and plumbers, pipefitters, and helpers of the
Hurley pipe shop, including machinists' helpers performing plumber
helpers' duties, but excluding clerical employees, supervisors, assistant
supervisors, all foremen having the authority to hire and discharge,
and foremen having the authority to recommend discharge, to de-
termine whether they desire to be represented by the Plumbers or
by the. Smelter Workers for the purposes of collective bargaining,
or by neither ;
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(7) Carpenters, carpenter apprentices, carpenter helpers, painters,
and painter helper's of the Santa Rita carpenter shop; carpenters,
carpenter repairmen, carpenter apprentices, carpenter helpers, and
painters employed at Hurley, excluding clerical employees, super-
visors, assistant supervisors, all foremen having the authority to hire
and discharge and foremen having the authority to recommend dis-
charge, to determine whether they desire to be represented by the
Carpenters or by the Smelter Workers for the purposes of collective
bargaining, or by neither.
(8) Machinists and helpers of the' Santa Rita shovel repair de-
partment; machinists, apprentices, and helpers of the Santa Rita
and Hurley machine shops; the Santa Rita truck mechanic; the Santa
Rita bulldozer mechanic; mechanics, repairmen, trippermen, helpers,
and welders of the smelter's mechanical department; repairmen, the
burner, and repair helpers of the Hurley truck repair department;
repairmen of the Hurley general mill repair department; and Hurley
rigger repairmen, including the machinist, machinist helper, and re-
pairman of the Hurley pumping department and the riggers of
the Hurley general mill repair department, but excluding the Santa
Rita tinners, the tinner, tinner helper, tinner apprentice, and tinner
layerout of the Hurley tin shop, clerical employees, supervisors, as-
sistant supervisors, all foremen having the authority to hire and
discharge, and foremen having the authority to recommend discharge,
to determine whether they desire to be represented by the I. A. M.
or by the Smelter Workers for the purposes of collective bagaining,
or by neither;
(9) Prospect drillers, prospect driller helpers, churn drillers, churn
driller helpers ; electric shovel engineers and oilers ; pitmen ; track
-shifter operators and helpers; compressormen; pumpmen; locomotive
crane engineers and operators; bulldozer operators; crushing depart-
ment operators; fine grinding department operators; flotation de-
partment operators; lime operators and helpers; reverberatory
department operators ; converter department operators, brown hoist
operator and helper of the machine shop; shovel operator and oiler
of the truck department; the catskinner and blademen; cranemen of
the general mill repair department; oiling department employees;
and the hoistman of 'the construction department ; excluding laborers,
loaders, and the handyman of the reverberatory and converter de-
partments, oiler inspectors, oiler clean-up men, clerical employees,
supervisors, assistant supervisors, all foremen' having the authority
to hire and discharge, and foremen having the authority to recom-
mend discharge, to determine whether they desire to be represented
by the Operating Engineers or by the Smelter Workers for the
purposes of collective bargaining, or by neither; and
KENNECOTT COPPER CORPORATION 1003
(10) All the remaining production and maintenance employees,
including watchmen and warehouse laborers, but excluding deputies,
supervisors, assistant supervisors, foremen having the authority to
hire and discharge, foremen having the authority to recommend dis-
charge, administrative and hospital employees, and all employees in
the Clerical Workers' unit heretofore found to be a separate appro-
priate unit, to determine whether or not they desire to be represented
by the Smelter Workers for the purposes of collective bargaining.
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the elections , with the
exception of the Clerical Workers' unit heretofore found appropriate.
Those groups choosing the A. F. of L. Unions or the Brotherhoods
as their bargaining representative will constitute separate and distinct
appropriate units. The groups that choose the Smelter Workers will
together constitute a single appropriate unit.
VI. THE DETERMINATION OF REPRESENTATIVES
The Brotherhoods and the A. F. of L. Unions requested that they
be certified on the basis of the record. The requests are hereby
denied. Although the Trial Examiner denied the motion of the
Association to intervene in the proceeding , the authorization evidence
submitted by the Association shows that it represents a sufficient
number of the Company 's employees to entitle it to a place on the
ballot in any of the elections in which, the Association may desire
to participate. Upon request to the Regional Director within 5 days
from the date of the Direction of Elections herein, the Association
shall be designated upon the ballot in any of the elections herein-
after directed . None of the parties stated any preference at the
hearing in respect to the pay roll to be used to determine eligibility
to vote. We shall accordingly direct that the employees of the Com-
pany eligible to vote in the elections shall be those who were em-
ployed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to such , limitations and
additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Kennecott Copper Corporation, Nevada
Consolidated Copper Corporation , Santa Rita and Hurley, New
Mexico, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All employees of the office departments at Santa Rita, samplers,
the sample room grinder , warehouse floormen, and the engineerin7
1004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
department office clerk engaged in the Santa Rita Operations; and
employees of the Hurley miscellaneous clerical department, time of-
fice employees, warehouse floormen and clerks, the clerk-helper of the
carpenter shop, the clerk-helper of the construction department, the
driver-clerk of the truck garage, assayers, chemists, samplers, and
weighmasters employed at the Hurley operations of the Company,
excluding supervisors, assistant supervisors, all foremen having the
authority to hire and, discharge, foremen having the authority to
recommend discharge,' and warehouse laborers, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 -Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, ,
as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Kennecott Copper Corporation, Nevada Consolidated Copper
Corporation, Santa Rita and Hurley, New Mexico, elections by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Twenty-second Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all employees of the Company's Santa Rita and Hurley opera-
tions in each of the groups described below who were employed during
the pay-roll period immediately preceding the date of this Direction
of Elections, including employees who did not work during such pay-
roll period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, and
excluding employees who have since quit or been discharged for cause :
(1) All employees of the office departments at Santa Rita, samplers,
the sample room grinder, warehouse floormen, and the engineering de-
partment office clerk engaged in the-Santa Rita operations; and em-
ployees of the Hurley miscellaneous clerical department, time office
employees, warehouse floormen and clerks, the clerk-helper of the car-
penter shop, the clerk-helper of the construction department, the
driver-clerk of the truck garage, assayers, chemists, samplers, and
weighmasters employed at the Hurley operations of the Company,
excluding supervisors, assistant supervisors,_ all foremen having the
authority to hire and discharge, foremen having the authority -to rec-
ommend discharge, and warehouse laborers, to determine whether or
KENNECOTT COPPER CORPORATION 1005
not they desire to be' represented by Office, Technical and Clerical
Workers, affiliated with the American' Federation of Labor, for the
purposes of collective bargaining;
(2) Brakemen , switchtenders , lookout men , and car droppers, ex-
cluding supervisors , assistant supervisors , all foremen having the
authority to hire and discharge , and foremen having the authority to
recommend discharge , to determine whether they desire to be repre-
sented by Brotherhood of Railroad Trainmen or by International
Union of Mine, Mill and Smelter Workers, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining,
or by neither ;
(3) Locomotive engineers and firemen, hostlers, and hostler help-
ers, including the machinist helpers performing hostler helpers' du-
ties, but excluding supervisors , assistant supervisors , all foremen hav-
ing the authority to hire and discharge, and foreman having the au-
thority to recommend discharge, to determine whether they desire to boo
represented by Brotherhood of Locomotive Firemen and Enginemen,
or by International Union of Mine, Mill and Smelter Workers, affili-
ated with the Congress of Industrial Organizations, for the purposes
of collective bargaining, or by neither;
(4) Electricians, electrician helpers, and electrician apprentices
employed at Santa Rita; smelter electricians; engineers,-firemen, as-
sistant engineers, assistant firemen, switchboard operators, water tend-
ers, and chemists of the Hurley power plant, and electricians, elec-
trician helpers, the motor tender, and the motor oiler of the electrical
division of the Hurley machine shop department , excluding clerical
employees, supervisors , assistant supervisors , all foremen having the
authority to hire and discharge, and foremen having the authority to
recommend discharge, to determine whether they desire to be repre-
sented by International Brotherhood of Electrical Workers, Local No.
496, affiliated with the American Federation of Labor, or by Inter-
national Union of Mine, Mill and Smelter Workers, affiliated with
the Congress of Industrial Organizations , for the purposes of collective
bargaining, or by neither;
(5) The boilermaker and helper of the shovel repair department and
the boilermakers, helpers, and welders of the boiler shop at Santa Rita ;
and boilermakers, boilermaker layerout men, boilermaker helpers,
boilermaker apprentices , welders, and the car repairmen employed in
the Hurley boiler shop, including the Santa Rita car repairmen and
the triple valve man , but excluding clean-up men , clerical employees,
supervisors , assistant supervisors , all foremen having the authority
to hire and discharge, and foremen having the authority to recommend
discharge , to determine whether they desire to be represented by Inter-
national Brotherhood of Boiler Makers , Iron Ship Builders & Help-
ers, Local No. 632, affiliated with the American Federation of Labor,
1
1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or by International Union of Mme. Mill and Smelter Workers, affili-
ated with the Congress of Industrial Organizations, for the purposes
of collective bargaining, or by neither;
(6) Blacksmiths, blacksmith helpers, blacksmith apprentices, ham-
mermen, hammermen helpers, tool sharpeners, and tool sharpener
helpers of the Santa Rita blacksmith shop, and blacksmiths, hammer-
men, and blacksmith helpers of the Hurley blacksmith shop, exclud-
ing clerical employees, supervisors, assistant supervisors, all foremen
having the authority to hire and discharge, and foremen having the
authority to recommend discharge, to determine whether they desire
to be represented by International Brotherhood of Blacksmiths, Drop
Forgers & Helpers, Local No. 606, affiliated with the American Federa-
tion of Labor, or by International Union of Mine, Mill and Smelter
Workers, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining, or by neither;
(7) Plumbers, plumber apprentices, and plumber helpers of the
Santa Rita mechanical department; pipefitters and helpers of the
Hurley powerhouse ; and plumbers, pipefitters, and helpers of the
Hurley pipe shop, including machinist helpers performing plumber
helpers' duties, but excluding clerical employees, supervisors, assist-
ant supervisors, all foremen having the authority to hire and dis-
charge, and foremen having the authority to recommend discharge, to
determine whether they desire to be represented by United Association
of Journeymen Plumbers & Steam Fitters of the United States
Canada. Local No. 586, affiliated with the American Federation of
Labor, or by International Union of Mine, Mill and Smelter Workers,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining, or by neither;
(8) Carpenters, carpenter apprentices, carpenter helpers, painters,
and painter helpers of the Santa Rita carpenter shop; carpenters, car-
penter repairman, carpenter apprentices, carpenter helpers, and pains-,
ers employed at Hurley, excluding clerical employees, supervisors, as-
sistant supervisors, all foremen having the authority to hire and dis-
charge, and foremen having the authority to recommend discharge,
to determine whether they desire to be represented by United Broth-
erhood of Carpenters & Joiners of America, Local No. 987, affiliated
with the American Federation of Labor, or by International Union of
Mine, Mill and Smelter Workers, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining, or
by neither;
(9) Machinists and helpers of the Santa Rita shovel repair depart-
ment; machinists, apprentices, and helpers of the Santa Rita and Hur-
ley machine shops; the Santa Rita truck mechanic; the Santa Rita
bulldozer mechanic; mechanics, repairmen, tripperman, helpers, and
welders of the smelter's mechanical department; repairmen, the burner,
KENNECOTT COPPER CORPORATION 1007
and repair helpers of the Hurley truck repair department; repair-
men of the Hurley general mill repair department; and Hurley rigger
repairmen, including the machinist, machinist helper, and repairman
of the Hurley pumping department, and the riggers of the Hurley gen-
eral mill repair department, but excluding the Santa Rita tinners, the
tinier, tinner helper, tinner apprentice, and tinner layerout of the Hur-
ley tin shop, clerical employees, supervisors, assistant supervisors, all
foremen having the authority to hire and discharge, and foremen hav-
ing the authority to recommend'discharge, to determine whether they
desire to be represented by International Association of Machinists,
Lodge No. 1563, affiliated with the American Federation of Labor, or
by International Union of Mine, Mill and Smelter Workers, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither;-
(10) Prospect drillers, prospect driller helpers, churn drillers,
churn-driller helpers; electric shovel engineers and oilers; pitmen;
track shifter operators and helpers; conipressormen; pumpmen; loco-
motive crane engineers and operators; bulldozer operators; crushing
department operators; fine grinding-department operators; flotation
department operators; lime operators and helpers; reverberatory de-
partment operators; converter department operators; brown hoist
operator and helper of the machine shop; shovel operator and oiler of
the truck department; the catskinner and blademen; cranemen of the
general mill repair department; oiling department employees; and
the hoistman of the construction department; excluding laborers, load-
ers, and the handyman of the reverberatory and converter depart-
ments, oiler inspectors, oiler clean-up men, clerical employees, super-
visors, assistant supervisors, all foremen having the authority to hire
and discharge, and foremen having the authority to recommend dis-
charge, to determine whether they desire to be represented by Inter-
national Union of Operating Engineers, Ldcal No. 890, affiliated with
the American Federation of Labor, or by International Union of
Mine,,Mill and Smelter Workers, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining, or
by neither ; and
(11) All the remaining production and maintenance employees, in-
cluding watchmen and warehouse laborers, but excluding deputies,
supervisors, assistant supervisors, foremen having the authority to
hire and discharge, foremen having the authority to recommend dis-
charge, administrative and hospital employees, and all employees in
the Clerical Workers' unit, to determine whether or not they desire
to be represented by International Union of Mine, Mill and Smelter
Workers, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.