Nevada Consolidated Copper Corp.

National Labor Relations Board - Board DecisionsFeb 17, 1942

38 N.L.R.B. 1346 (N.L.R.B. 1942)

In the Matter of NEVADA CONSOLIDATED COPPER CORPORATION and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORBERs LOCAL UNION 571 In the Matter of NEVADA CONSOLIDATED COPPER CORPORATION and INTER- NATIONAL ASSN. OF MACHINISTS Cases Nos. R-3371 and R-3373, respectively. Decided February 17, 1942 Jurisdiction : copper mining and smelting industry. Investigation and Certification of Representatives : existence of question: stipu- lated, controversy as to appropriate unit ; refusal to grant unions' requests for recognition; election _necessary. Unit Appropriate for Collective Bargaining : all employees engaged in machin- ists' work at Company's mines and smelter, including machinist subforemen, machinists, repairmen, repair - subforemen, McGill welders, handymen, ma- chinist apprentices, machinists helpers, shop helpers, car repairmen, and garage employees, but excluding foremen having authority to employ and discharge, Ruth welders, welder subforeman, and "swing" helpers ; unit confined solely to electricians at the mining operations of the Company held inappropriate. Practice and Procedure : petition of one union dismissed where no question con- cerning the representation of employees in an appropriate unit has arisen. Mr. W. Howard Gray, of Ely, Nev., and Mr. C. C. Parsons, of Salt Lake City, Utah, for the Company. Mr. William Myers, of Salt Lake City, Utah, for the I. B. E. W. Mr. Walter Owen, of Salt La0ke City, Utah, for the I. A. M. Mrs. Margaret Bennett Porter, of Denver, Colo., and Mr. George Haskell, of Ely, Nev., for the Smelter Workers. Mr. Frederic B. Parkes, 2nd, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE On July 14 and August 19, 1941, respectively, International Brother- hood of Electrical Workers Local Union 571, herein called the I. B. E. W., filed a petition and an amended petition, and on August 8,' 1941, International Assn. of Machinists, herein called the I. A. M., 38 N. L. R. B., No. 240. - 1346 NEVADA CONSOLIDATED COPPER CORPORATION 1347 filed a petition with the Regional Director for the Twentieth Region (San Francisco, California), each alleging that a question affecting commerce had arisen concerning the representation of employees of Nevada Consolidated Copper Corporation,' McGill, Nevada, 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 September 26, 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 and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice; and pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, ordered that the two cases be consolidated for all purposes. On October 27, 31, and November 22, 19411 respectively, the Regional Director issued a notice of consolidated hearing, a notice of postpone- ment of consolidated hearing, and a second notice of postponement of consolidated hearing, copies of'which were duly served upon the Com- pany, the I. B. E. W., the I. A. M., and International Union of Mine, Mill & Smelter Workers, Locals 233 and 124, herein called the Smelter Workers, a labor organization claiming to represent employees di- rectly affected by the investigation. Pursuant to notice a hearing was held on December 9 and 10, 1941, at Ely, Nevada, before John T. McTernan, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the I. B. E. W., the I. A. M., and the Smelter Workers were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various rulings on motions and on objections to the admission 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. Briefs were filed by the Company and the I. A. M. on January 2, 1942, and by the Smelter Workers on January 3, 1942. The Board has considered all briefs. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Kennecott Copper Corporation owns the mining property here in- volved, consisting of an' open-pit copper mine and an underground 1 The name of the Company appears variously as "Nevada Consolidated Copper Company" and "Nevada Consolidated Copper Corp." in the formal papers. The record discloses that the correct name is that appearing above and in the caption. 1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD copper mine at Ruth, Nevada, and a concentrating mill and smelter at McGill, Nevada, which is approximately 22 miles from Ruth. Nevada Consolidated Copper Corporation, a Delaware corporation with its principal office at McGill, Nevada, is a wholly owned subsidi- ary of Kennecott Copper Corporation. Nevada Consolidated Copper Corporation manages and operates the mining property. The ore is transported from the mines to the smelter by the Nevada Northern Railway, another subsidiary of Kennecott Copper Corporation. For the calendar year 1940, the products of the smelter operated by the Company were valued at approximately $10,740,513.17, all of which were shipped from the smelter to points outside the State of Nevada. During 1940, the Company purchased for use at its Ruth and McGill operations, machinery, equipment, and supplies, valued at approxi- mately $4,103,454.12, all of which were shipped to it from points outside the State of Nevada. The Company employs approximately 1,740 employees at its McGill and Ruth operations. For the purposes of this proceeding, the Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, Local 571, is a labor organization affiliated with the American Federation of Labor, admitting employees of the Company to membership. International Association of Machinists, Local 279, is a labor organization affiliated with the American Federation of Labor,, ad- mitting employees of the Company to membership. International Union of Mine, Mill & Smelter Workers, Locals 233 and 124, is a labor organization affiliated with the Congress of Industrial Organizations, admitting employees of the Company to membership. III. THE QUESTIONS CONCERNING REPRESENTATION The Company, the I. B. E. W., the I. A. M., and the Smelter Work- ers stipulated at the hearing, (1) that 'on April 23, 1941, the I. A. M. requested the Company to recognize it as the collective bargaining representative of the employees in the unit described in the I. A. M.'s petition herein, but the Company refused to grant such recognition for the reason that it questioned the appropriateness of the unit and doubted that the I. A. M. represented a majority in that unit; (2) that on June 27, 1941, the I. B. E. W. requested the Company to recog- nize it as the collective bargaining representative of the employees in the unit sought by the I. B. E. W. herein, but the Company refused to grant such recognition on the ground that it questioned the ap- propriateness of the unit; and (3) that the I. A. M., the I. B. E. W., NEVADA CONSOLIDATED COPPER CORPORATION 1349 and the Smelter Workers, each represents a substantial number of the Company's employees. - ' - We -find that questions have arisen concerning the representation of employees of the Company. IV. THE 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 I -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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNITS The I. A. M. contends that all employees engaged in machinists' work at the Company's mines at Ruth, Nevada, and at its mill and smelter at McGill, Nevada, excluding foremen with the authority to employ and discharge, constitute a unit appropriate for the purposes of collective bargaining. The I. B. E. W. claims that all employees engaged in the installation, maintenance, and repair of electric lines and equipment, excluding foremen and assistant foremen, at the Com- pany's mines at Ruth, Nevada, constitute an appropriate unit. The Company and the Smelter Workers deny the appropriateness of the units urged by the I. A. M. and the I. B. E. W. and claim that only an industrial unit is appropriate. The Smelter, Workers contends con- tends that such a unit should embrace all production and maintenance employees engaged in the Company's mining, milling, and smelting operations, exclusive of administrative, clerical, and technical em- ployees, supervisors who do not work, deputies, and those transpor- tation employees now covered by contracts between the Company and the railroad brotherhoods.' The Smelter Workers does not now seek an election among such employees but requests that the petitions of the I. A. M. and the I. B. E. W. be dismissed. As indicated previously, the Company's operations are divided into 3 departments: (1) the mining department at Ruth, Nevada; (2) the 2 The employees engaged in the operation of the Company -owned railioad are presently covered by contracts between the Company and the Brotherhood of Locomotive Firemen and Engineers and the Switchmen 's Union of North America . But for these contracts, the Smelter Workers would include the transportation employees in Its unit These are the only employees who have been covered by collective bargaining agreements The I. A M and the I. B . E W. chartered the local unions here involved in 1910 and 1914 , respectively The record does not disclose the extent of their organizational activities at the Company's McGill and Ruth operations . The Smelter Workers commenced its organization of the Company's employees in 1933 and unsuccessfully attempted to negotiate a contract with the Company in 1936 or 1937. 1350 DECISIONS OF NATIONAL LABOR RELATIONS ' BOARD ore-delivery department in charge of transporting, ore from Ruth to McGill, Nevada, a distance of about 22 miles, by the Company- owned railroad; and (3) the reduction plant at McGill where the ore is smelted. The Company operates an open-pit copper mine and also an underground copper mine at Ruth. Additional ore is pur- chased from a neighboring mining company and hauled to the re- duction plant at McGill by the Company-owned railroad. Upon delivery at McGill, the ore is ground and reduced in volume at the concentrator and is then conveyed to the reverbatory furnaces in the smelter where it is melted, and the metal-bearing matte is sepa- rated from the waste slag. The matte passes to the convertor de- partment, which processes the matte into the finished blister copper. A. The electricians In support of its unit segregating approximately 11 Ruth elec- tricians from those employed at McGill, the I. B. E. W. relies on the fact that the Company maintains separate pay rolls for its Ruth and McGill operations, that electricians are hired by the mechanical superintendent of mines at Ruth through the Ruth employment office and are discharged by him, that electrical employees at Ruth and at McGill have different supervisors, and that the Ruth opera- tions are separated from the McGill operations by a distance of 22 miles. In support of their position, the Company and the Smelter Workers point to factors demonstrating the functional interdepend- ence of the Company's Ruth and McGill operations. The record discloses that although separate pay rolls are kept for the McGill and Ruth operations and although the initial accounting records for Ruth employees are kept at Ruth, the final personnel records are compiled by the office of the chief clerk in McGill. The control of the labor policy and of all the various departments is lodged, in the Company's general manager. An employee insurance plan is extended to all employees, whether engaged at the Ruth or McGill operations. The electric power for all the Company's operations and townsites_ is generated by the power plant at McGill. The electrical depart- ment at Ruth has jurisdiction over all electrical work connected with the operations and townsite at Ruth and about half of the power line running between Ruth and McGill.' Although the electricians are infrequently interchanged between Ruth and McGill, neverthe- less, in emergencies, the line employees may be called upon to work on any part of the Company's lines. The electricians at Ruth con- struct and maintain power lines, repair equipment used at the mines, and service the users of power supplied by the Company in the Ruth area. NEVADA CONSOLIDATED COPPER CORPORATION 1351 Approximately 35 electricians, helpers, and apprentices are en- gaged in the McGill operations and 26 engineers are there employed in the powerhouse. The chief engineer of the power plant testified at the hearing that there is no difference in skill required in the electrical operations at Ruth and McGill and that the work performed by the electricians at both places is similar. Both groups of elec- tricians are paid on the same wage scale. In view of all the cir- cumstances, we, are of the opinion that a unit confined solely to the electricians employed at Ruth is inappropriate and we shall, accord- ingly, dismiss the petition of the I. B. E. W.3 B. The machinists The I. A. M. seeks a unit composed of approximately 95 employees engaged in machinist's work in the Company's operations at both Ruth and McGill. The record discloses that such employees, con- stitute a recognized craft group and that, except 'as noted below, the I. A. M. has not included 'employees outside that group or excluded employees properly classified in that group. The I. A. M. would include in its unit the following employees : Eleven machinist subforemen are especially skilled machinists, often employed on the most difficult work in the machinist's field.' Some' are working foremen, but several are classified as subforemen in order to give them a salary commensurate with their skill .4 They have the the authority to recommend discharge of employees. We shall include machinist subforemen in the machinists' unit. Most of the thirty machinists claimed by the I. A. M.5 are skilled in the use of machinist's tools and are employed either in the machine shops propeir,6 in various departments of the Company's operations such as engine house or powerhouse,7 or in specific field repair work 8 See Matter of Republic Steel Corporation and Raimund # 121 & Spaulding # 556, Interna- tional Union of Mine, Mill & Smelter Workers, 37 N. L. R. B 173. 4 Six are employed at Ruth and 5 at McGill They receive $8 15 per day The I. A. M has not excluded any machinist subforeman from its unit L Thirteen are employed at Ruth and 17 at McGill . They receive $7 65 per day. The I A. M. does not seek to represent 3 employees listed as machinists on the McGill pay roll for the reason that they are not engaged in machinists ' work. One spends most of his time firing boilers at the quarry , making only minor incidental repairs; the second is pri- marily an operator of the coal pulverising mill on the night shift , also making only minor repairs; and the third is apparently a specialist of sorts, having invented and developed a spray-gun machine for applying a mud solution to the roofs of the furnaces In addition, the latter acts as foreman of the spray -gun operators These machinists are properly excluded from the unit 0There are 2 machine shops at Ruth , one near. the underground mine and the other near the 'open -pit mine. At McGill there apparently are only two real machine shops. One is located at the smelter and the other at the concentrator . However, a corner of the power plant is reserved for machinists . Approximately 16 machinists spend most of their time in these machine shops. - Approximately 8 machinists are so employed 1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD requiring the skill of a trained machinist." Although two of that group, O'Brien and Sabey, are classified as machinists, the record discloses that they do not devote an appreciable amount of time to machinist's work. O'Brien spends 90 percent of his time testing and repairing scales. He is engaged the remainder of the time in repairing dinkey cars, tripper cars, and gates. Salley is employed in miscellaneous maintenance work on coal mills, vibrators, conveyors, and other heavy equipment and spends only 20 or 25 percent of his time repairing motor-driven equipment. In view of these facts, we shall exclude O'Brien and Sabey from the machinists' unit, but shall include the other machinists claimed by the I. A. M. Of the 19 repairmen whom the I. A. M. seeks to represent, 7 are employed in the underground mine at Ruth, working under the super- vision of the mine foremen, and 13 are employed at McGill on the coarse crushing repair crew and on the fine grinding repair crew .9 In general, these employees are less skilled than machinists and per- form less complex repairs about the mines and plant, but their work is nevertheless closely related to that of the machinists. The Ruth repairmen perform all necessary repairs to equipment of the under- ground mine, such as cables, cages, pumps, air lines, water lines, and ore cars, either removing the damaged parts so that they may be sent to the machine shop or making the simpler type of repairs on the spot. Equipment repaired in the machine shops on the surface is installed in the mines by the repairmen. On occasion, in the absence of the 2 pumpmen some of the repairmen act as operators of the pumps. The McGill repairmen are-engaged in the maintenance and and repair of the coarse crusher and fine grinding machinery. Three machinists work with the repair crews and perform 1 epairs requiring 8 Approximately 6 machinists are so employed 9 Repairmen receive $6 65 per day The I A M does not seek to represent 24 other employees classified as repairmen , for the reason that they are not engaged in machinist's work Eleven are employed in the underground mine at Ruth , 10 as "timbermen ," engaged in the construction and bracing of shafts and tunnels , and the other as a "pipe man," per- forming pipefitter 's work The remaining 13 excluded repairmen work at McGill , 10 in the smelter , 2 in the foundry, and 1 in the powerhouse Three of the smelter repairmen are spray-gun operators , engaged in applying a mud -mixture to furnace roofs Concerning the other -7 Jansen spends 90 to 95 percent of his time as a tripper car operator , performing only minor incidental repairs . Munson replaces iron liners in the slag launder system, repairs the system, and watches the system during the day when the furnaces are operated Munson spends about -5 percent of his time repairing dinkey cars . Bakaric repairs tools and equipment , acts as custodian of tools and equipment of the shop , and works part of the time as a helper to the smelter blacksmith . Hendry works part of the time as coal mill operator, a tripper car operator , and Cottrell plant operator, and sometimes works as repairman with the'steel workers and machinists . He spends only about 5 or 10 percent of his time in repair work with machinists Schafe is engaged 95 percent of the time as an operator of the smelter conveyor system, making only minor repairs Fields works 10 percent of the time with machinists and is engaged the remainder of the time as a coal mill operator, tripper car operator , or Cottell plant oerator Kaas oils and greases cranes , casting machines, converters and conveyors 90 percent of the time The power plant repairman primarily is an operator or fireman in the boiler room He makes incidental repairs on the stoker. One of the foundry repairmen is employed as a foundry clerk and the other cleans castings All these 24 employees classified as repairmen are properly excluded from the unit. NEVADA CONSOLIDATED COPPER CORPORATION 1353 greater precision and skill. Although 2 or 3 of the repairmen are occasionally transferred to other positions, they apparently do not lose their classification as repairmen and are soon returned to that position. Since the record discloses that the work of those repairmen described above is closely related to that performed by machinists and that such repairmen often work in close cooperation with ma- chinists, we shall include such repairmen in the machinists' unit. The duties of two repair sub f oremen, who supervise the fine grind- ing and the coarse crushing repair crews, are apparently those of working foremen and are similar to the machinist subforeman dis- cussed above.10 We shall include the repair subforemen in the machinists' unit. One welder sub foreman and 2 welders are employed at the Ruth operations. They work with all crafts, performing any welding that may be necessary. At McGill, 2 welders work exclusively with the fine grinding and coarse crushing repair crews.l" We shall include the 2 McGill welders, but shall exclude the Ruth welders and welder subforman from the machinists' unit. The I. A. M. requests that four handymen listed on the McGill pay roll be included in the unit.'' The record discloses that they are employed as leaders of the fine grinding and coarse crushing repair crews. We shall include these handymen in the machinists' unit. Three machinist apprentices work with the machinists and are pre- paring to,become machinists 13 We shall include the apprentices in the machinists' unit. The I. A. M. seeks to represent one machinist helper who spends most of his time assisting the machinists. The I. A. M., however, would exclude B. A. Sullivan, a machinist helper now in the military service of the United States.14 Pursuant to our Direction of Election, 10 Repair subforemen are paid the same rate given machinist subforemen , namely $8 15 per day. 11 The pay roll lists no other welders . The welder subforeman receives $8 15 per day and the weldeis, $7 65 12 Namely , :hardy, Hansen , Hoppe, and Hall Handymen are paid $6 90 per day None is employed at Ruth. The I A M does not seek to represent 18 other employees listed as handymen on the pay roll. Twelve of the excluded handymen are in the salvage department and are engaged as follows : 2 operate shears , cutting steel for the foundry ; 8 are burners, reducing the scrap steel to small pieces to be run through the shears; 1 is a rivet breaker and 1 has been discharged but not replaced Of the remaining excluded handymen, one is an oiler , working all over the McGill plant, and the other 5 are carpenters These employees are properly excluded from the"unit 13 The machinists apprentices receive $5.65 per day. They are respectively employed in the Ruth machine shop,, the McGill machine shop, and the McGill powerhouse There aie no other machinist apprentices. 14 Machinist helpers receive $6 40 per day The I A. M does not seek to represent 4 other employees appearing on the pay roll as machinist helpers One is actually a steel worker's helper Another who was a steel worker's helper has left the Company' s employ A third spends only 10 percent of his time helping machinists ; he is chiefly employed as an oiler and shop cleaner . The fourth is a blacksmith 's helper These employees are properly excluded from the unit. 1354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD infra, we shall include him in the machinists' unit and also the other machinist helper. Of the 16 shop helpers employed at the Ruth operations, the I. A. M. would include 6 who actually work with and assist the machinists, but would exclude those assigned as helpers to other craftsmen such as blacksmiths and boilermakers .15 It appears that once a helper has been assigned to a particular craft group and has gained some experi- ence, he is not frequently transferred to a different craft group. -Of the 6 helpers sought by the I. A. M. 2 are "swing" helpers, who normally are machinists' helpers, but may at anytime be sent out as helpers to blacksmiths, boilermakers, or other craftsmen. In view of these circumstances, we shall include the 4 shop helpers regularly working with machinists, but shall exclude the 2 "swing" helpers from the machinists' unit. ' Four car repairmen are employed- at the Ruth operations, 1 in the field and 3 in the car repair shop16 They make minor repairs on bull dozers and muck cars used in the pit mines. The more complex repair work requiring the skill of a machinist is sent to the machine shop. When the repair is completed, the repaired parts are installed on the cars by the car repairmen. Since it ap- pears that car repairmen work in conjunction with machinists and perform similar work, we shall include the car repairmen in the machinists' unit. Of the 11 garage employees at McGill and Ruth, the I. A. M. would include 2 garage subforemen, 3 mechanics, 2 repairmen, 1 helper, and 1 apprentice." These employees maintain and repair trucks, trac- tors, and all machinery driven by gasoline motors. We shall include the garage employees in the machinists' unit. We find that all employees engaged in machinists' work at the company's mines at Ruth, Nevada, and at its mill and smelter at McGill, Nevada, including machinist subforemen, machinists, repair- men, repair subforemen, the McGill welders, handymen, machinists apprentices, machinist helpers, shop helpers, car repairmen, and 16 Shop helpers receive $6 40 per day The 10 shop helpers whom the I. A. M. would exclude are employed as follows : 2 clean the shop and tool room and check out tools, 4 are boilermakers' helpers, 2 are blacksmiths' helpers, and 2 are paint shop helpers. The classi- fication, "shop helper," does not appear on the McGill pay roll ; however, the classification "repair helper," seems to be similar but the I. A. M does not seek to represent any of the 25 repair helpers on the McGill pay roll who are employed as follows : 1 removes dust from the coarse crusher rollers and performs other clean-up work ; 1 is a carpenter's helper ; 13 assist the salvage crews, none of whom is claimed by the I. A M ; and 10 clean the power plant and remove ashes. These employees are properly excluded. I" Car repairmen receive $6.65 per day. There are no other car repairmen employed. 1T They are paid the same rates paid regular subforemen, machinists, repairmen, helpers, and apprentices discussed above. The I. A M does not seek to represent 2 garage helpers, one of whom is engaged in washing cars and repairing tires in the McGill garage, and the other in greasing and oiling equipment at Ruth. They rarely assist the mechanics. They are properly excluded from the unit. , NEVADA CONSOLIDATED COPPER CORPORATION , 1355 garage employees, but excluding foremen having the authority to employ and "discharge, the Ruth welders, the welder subforeman, and "swing" helpers, constitute a unit appropriate for the purposes of collective bargaining and 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. VI. THE DETF 'RMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. We shall comply with the Smelter Workers' request that it not be designated on the ballot. We shall direct that those persons eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately pre- ceding the date of the Direction of Election herein, subject to the limitations and additions hereinafter 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. 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 Act. 2. All employees engaged in machinists' work at the Company's mines at Ruth, Nevada, and at its mill and smelter at McGill, Nevada, including machinist subforemen, machinists, repairmen, repair sub- foremen, the McGill welders, handymen, machinists apprentices, ma- chinist helpers, shop helpers, car repairmen, and garage employees, but excluding foremen having the authority to employ and discharge, the Ruth welders, the welder subforeman, and "swing" helpers, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. No question concerning the representation of employees engaged in the installation, maintenance, and repair of electric lines and equip- ment at the Company's mines at Ruth, Nevada, in a unit which is ap- propriate for the purposes of collective bargaining has arisen within the meaning of Section 9 (c) of the Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- 1356 DECISIONS OF NATIONAL'LABOR RELATIONS BOARD tions Act, 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 authorized by the Board to ascertain representatives for the purposes of collective bargain- ing with 1^evada Consolidated Copper Corporation, McGill, Nevada, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the .Twentieth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees engaged in machinists' work at the Company's mines at Ruth, Nevada, and at its mill and smelter at McGill, Nevada, who were employed during the pay-roll period immediately preceding the date of this Direction, in- cluding machinist subforemen, . machinists, repairmen, repair sub- foremen, the McGill welders, handymen, machinists apprentices, ma- chinist helpers, shop helpers, car repairmen, garage employees, and all employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or temporarily laid off, but excluding fore- men having the authority to employ and discharge, the Ruth welders, the welder subforeman, "swing" helpers, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Association of Ma- chinists, Local 279, affiliated with the American Federation of Labor, for the purposes of collective bargaining. ORDER IT IS HEREBY ORDERED that the petition for-investigation and certifica- tion of representatives filed by International Brotherhood of Elec- trical Workers, Local 571, affiliated with the American Federation of Labor, be, and it hereby is, dismissed.