Nevada Consolidated Copper Corp.

National Labor Relations Board - Board Decisions

Nov 23, 1940

28 N.L.R.B. 54 (N.L.R.B. 1940)

In the Matter of NEVADA CONSOLIDATED COPPER CORPORATION and
SWITCHMEN 'S UNION OF NORTH AMERICA, COPPER QUEEN LODGE
No. 267
Case No. R-2149.-Decided November 23, 1940
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Earl K. Shawe, for the Board.
Mr. J. C. Kinnear, of McGill, Nev., for the Company.
Mr. Eugene Morton, of Oakland, Calif., for Lodge No. 267.
Mr. F. 1. Sauls, of Ely, Nev., for the Brotherhood.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 03, 1940
On February 21, 1939, and October 12, 1940, respectively, Switch-
men's Union of North America, Copper Queen Lodge No. 267, herein
called Lodge No. 267, filed with the Regional Director for the 20th
Region (San Francisco, California) a petition and an amended peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of Nevada Consolidated Copper Cor-
poration, herein called the Company, engaged in the mining and
reduction of'copper ore at Ruth and McGill, Nevada, and requesting
an investigation and'certification of representatives pursuant to Sec-'
tion 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 investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
On October 14, 1940, the Company, Lodge No. 267, Brotherhood of
Railroad Trainmen, Local 335, herein called the Brotherhood, and
counsel for the Board, entered into a "STIPULATION FOR CERTIFICATION
UPON CONSENT ELECTION."
28 N. L. R. B., No. 16.
54
NEVADA CONSOLIDATED COPPER CORPORATION " 55
Pursuant to the stipulation, an election by secret ballot was con-
ducted on October 22, 1940, under the direction and supervision of
the Regional Director, among the switchmen, extra switchmen, switch
tenders, block-signal operators, yardmasters, assistant yardmasters,
and walkers, at the Company's mines in Ruth, Nevada, and at its
reduction plant in McGill, Nevada, to determine whether said
employees desired to be represented by Lodge No. 267, or by the
Brotherhood, or by neither. On October 28, 1940, the Regional
Director issued and 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 her Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total number eligible to vote-- ------------------------------ 91
Number of votes for Brotherhood of Railroad Trainmen,
Local 335------------------------------------------------- 13
Number of votes for Switchmen 's Union of North America,
, Copper Queen Lodge No. 267 ------------------------------ 59
Number of votes for neither-------------- ------------------ 4
Total number of ballots counted--------------------------- 76
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 FACYr
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 switchmen, extra switchmen, switch tenders, block-Signal
operators, yardmasters, assistant yardmasters, and walkers, at the
Company's mines in Ruth, Nevada, and at its reduction plant in
McGill, Nevada, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Switchmen's Union of North America, Copper Queen Lodge
No. 267, has been designated and selected by a majority of the em-
ployees 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
National Labor Relations Act.
56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,CERTIFICATION OR 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 Switchmen's Union of North America,
Copper Queen Lodge No. 267, has been selected by a majority of
the switchmen,, extra switchmen, switch tenders, block-signal opera-
tors, yardmasters, assistant yardmasters, and walkers at the Com-
pany's mines in Ruth, Nevada, and at its reduction plant in McGill,
Nevada, as their representative for the purposes of collective bargain-
ing; and that, pursuant to Section 9 (a) of the Act, Switchmen's
Union of North America, Copper Queen Lodge No. 267, is the exclu-
sive 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.