Utah Cooper Co.

National Labor Relations Board - Board Decisions

Jul 22, 1944

57 N.L.R.B. 641 (N.L.R.B. 1944)

In the Matter Of UTAH COPPER COMPA14Y AND KENNECOTT COPPER COR-
PORATION and INTERNATIONAL UNION OF MINE, MILS. AND SMELTER
WORKERS, FOR ITSELF, AND ON BEHALF OF ITS LOCAL UNION NO. 392,
C.I.O. -,
Case No. 208,829
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 02, 1944
On February, 7, 1944, the National Lab'or Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in the
above-entitled proceeding. Pursuant to the Direction of Elections,,
elections by secret ballot were conducted on March'6 and 7, 1944, under
the direction - and supervision of the Regional Director- for the,
Twentieth Region -(San Francisco, California). On'April 24, 1944,
the Board issued a Supplemental Decision, Certification of Representa-
tives,, Direction, and Order 2 which, inter alia, directed the Regional
Director to open and count certain challenged ballots in the fourth
voting group. On May 2, 1944, the Regional Director caused to be
furnished to the parties a revised tally of ballots in the fourth voting-
group, in accordance with Article III, Section 10, of National Labor-
Relations Board Rules and Regulations-Series 3.
The revised tally of the ballots revealed the following results :
Approximate number of eligible voters------------------------ 250
Challenged ballots counted ---------------------------------- 53
Total votes counted----------------------------------------- 232
Votes cast for Lodge No. 1261, International Association of
Machinists, A. F. L--------------------------------------- 27
Votes cast for International Union of Mine, Mill and Smelter -
Workers, Local Union No. 392, C.J. 0---------------------- 112
Votes cast against participating unions----------------------- 03
Void ballots----------'-------------------------------------- 0
On'May 19, 1944,'the In Association of Machinists, A. F.
L., herein called the L A. M., filed with the Board a statement setting-,
154N L R B. 1151
2 56 N. L. R. B. 35.
57 N. L. R. B., No., 105.
601248-45-vol. 57-42 641
P
,642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
forth its contentions with respect to the question of whether certain
employees of the Company's Magna machine and blacksmith shops, are
subject to the Board jurisdiction.
On June 1, 1944; pursuant, to the provisions of Article III, Section
11, of the Board's Rules and Regulations; a run-off election was con-
ducted in the fourth voting group. Upon the conclusion of the elec-
tion,-the Regional Director caused to be furnished to the parties tallies
of ballots, in accordance with Article III, Section 10, of the Board's
Rules and Regulations.
As to the balloting, the tally reveals the following results:
Approximate number of eligible voters----------------------- 231
Valid votes counted ------------------------------------------ 192
Votes-cast-for International. Union of Mine, Mill-, and>-Smelter,.a -
Workers, Local Union No. 392, ^C I. 0---------------------- 134
Votes cast against participating union---------------------- 58
Challenged ballots------------------------------------------ 5
Void ballots--------------------------------------- ------ 0
On June 14,1944, the Regional Director issued this Run-Off Election
Report. On June 29, 1944, the I. A. M. filed its Exceptions to" Run-
Off Election Report. The I. A. M. contends that the employees of
the Company's Magna machine and blacksmith shops are not within
the,Board's jurisdiction but instead are subject to the Railway'Labor
Act.' The statement and exceptions of the I. A. M. and the report of
the Regional Director indicate that the status of these employees is far'
from clear. In 1940, the Railroad Retirement Board in its decision 4
stated that the employees of the Company's "railroad shops at Magna,
Utah, Iiamely, the car shop, back shop, and engine house, and..
no other operation," are subject.to the Railroad Retirement Act.'
The National Mediation Board in its certification issued on May 14,
1943 and clarified on July 16, 1943, certified certain organizations
operating through the, Railway Employee's Department. A. F. of L.
to represent respectively the employees constituting the crafts or
classes of machinists, boilermakers blacksmiths, sheet-metal workers,
electrical workers and carmen, the helpers and apprentices of the fore-
and also the group of railway shop laborers, employed, by the
Utah Copper Company in `its shops at Magna, Utah, whose duties
include the repair and maintenance of Bingham and Garfield Railway
Company equipment, foreign line equipment and equipment used in
ore transportation service, for the purposes of the' Railway Labor
Act. 11'6 It appeals that the National Mediation Board never has con-.
4S Stat. 1135
4 In re • Utah Copper Company,- Bingham and Garfield Railway Company, Kennecott
Copper Corporation , et al , ` Jurisdictional Docket No 5.
148 Stat. 1283.
O Matter of Representation of Employees of the Utah Copper Company , Case No. R-1102
1
UTAH COPPER COMPANY - 643
sidered the status' of the 'employees ; of the Magna blacksmith and
machine shops. On the other hand, the Railroad Retirement Board
specifically found that these employees were not within its jurisdic-
`tion'.' The I. A. M. contends that, not all, facts,were brought to the,
attention of the Railroad Retirement Board and that *the issue vas
never fully litigated. It is clear that in the proceeding before the
Railroad Retirement Board' none of the parties contended that the
Magna blacksmith and machine shop employees were subject to the
Railroad Retirement Act.
In 1935, eight machines were moved from the, ore delivery depart-
ment to the Magna machine shop and thereafter some of the railroad
mach e,,w,lrk Was tl>