Nevada Consolidated Copper Corp.

National Labor Relations Board - Board Decisions

Nov 18, 1940

28 N.L.R.B. 11 (N.L.R.B. 1940)

In the Matter of NEVADA CONSOLIDATED COPPER CORPORATION and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS, DIVISION 596
Case No. R-2144.-Decided November 18, 1940
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Earle K. Shawe, for the Board.
Mr. J. C. Kinnear, of McGill , Nev., for the Company.
Mr. E. W . Allison, of Ruth, Nev., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On October 9, 1940, Brotherhood of Locomotive Engineers, Division
596, herein called the Union, filed with the Regional-Director for the
Twentieth Region (San Francisco, California) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Nevada Consolidated Copper Corporation,
herein called the Company, engaged in the mining and reduction of
copper ore at Ruth and McGill, Nevada, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49. Stat. 449, herein called the
Act. On October 14, 1940, 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 and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On October 14, 1940, the
Company, the Union, and counsel for the Board entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT ELECIrION."
Pursuant to the stipulation, an election by secret" ballot was con-
ducted on October 21, 1940, under the direction and supervision of
the Regional Director, among all the engineers; firemen, hostlers, and
hostler helpers employed at the Company's mines in Ruth, Nevada, and
at its reduction plant in McGill, Nevada, including traveling engineers,
to determine whether or not said employees desired to be represented
by the Union. On October 28, 1940, the Regional Director issued and
28 N. L. It. B., No. 6.
11
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duly served upon the parties an Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total number eligible to vote-------------------------------- 77
Number of votes for Brotherhood of Locomotive Engineers,
Division 596---------------------------------------------- 61
Number of votes against Brotherhood of Locomotive Engineers,
Division 596---------------------------------------------- 2
Total number of votes counted-------------------------------- 63
Total number of blank ballots------_ ----------------- 0
Number of void ballots -------------------------------------- 0
Number of challenged ballots-------------------------------- 0
_
Upon the basis of the stipulation, the Election Report, and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Nevada Consolidated Copper Corporation,
McGill, Nevada, within the meaning of Section 9 (c) and Section 2 (6)
and. (7) of the National Labor Relations'Act.
2. All engineers, fii emen, hostlers, and hostler helpers employed at
the Company's mines in Ruth, Nevada, and at its reduction plant in
McGill, Nevada, including traveling engineers, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. Brotherhood of Locomotive Engineers, Division 596, has been
designated and selected by a majority of the employees in the above
unit as their representative for the purposes of collective bargaining
and as the exclusive representative of all the employees in said unit,
within the meaning of Section 9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
IT IS HEREBY CERTIFIED that Brotherhood of Locomotive Engineers,
Division 596, has been selected by a majority of the engineers, fire-
men, hostlers, and hostler helpers employed at the Company's mines
in Ruth, Nevada, and at its reduction plant in McGill, Nevada, includ-
ing traveling engineers, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
Brotherhood of Locomotive Engineers, Division 596, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.