Utah Copper Co.

National Labor Relations Board - Board Decisions

Jul 14, 1944

57 N.L.R.B. 308 (N.L.R.B. 1944)

In the Matter of UTAH CoPrER COMPANY and NON -FERnaus . CLERICAL
AND TECHNICAL WORKERS LOCAL UNZI )N No . 692 , AFFILIATED WITH
THE INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS,
C.I.O.
In the Matter of UTAH COPPER COMPANY and INTERNATIONAL BROTH-
ERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 1081, A. F. of L.
Cases ' Nos. 20-R-1055 and 120-R-1060, respectively.-Decided July
14, 1!)44
Mr. C. C. Parsons, of Salt Lake City, Utah, for the Company.
Mr. T. A. Marsh, of Magna, Utah, for the Clerical Workers.
Mr. A. L. Smith, of Denver, Colo., for the I: B. El W.
Mr. Albert C. Jensen., of Salt Lake City, Utah,- for the Smelter
Workers.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE -
Upon separate petitions duly filed by Non-Ferrous Clerical and
Technical Workers Local Union No. 692, affiliated with the Interna-
tional Union of Mine, Mill & Smelter Workers, C. I. 0., herein called
the Clerical Workers,' and International Brotherhood of Electrical
Workers,. Local Union 1081, A. F. of L., herein called the I. B. E. W.,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Utah Copper Company, Salt Lake
City, Utah, herein called the Company, the National Labor Relations
Board provided for an appropriate consolidated hearing upon due
notice before John Paul Jennings, Trial Examiner. Said hearing
was held at Salt Lake City, Utah, on April 27 and 28,1944. The Com-
pany, the Clerical Workers, the I. B. E. W., and International Union
of Mine, Mill & Smelter Workers, Local No. 392, C. I. 0., herein
1 The name of the Clerical Workers appears in the petition and other formal papers as
"Non Ferrous Clerical and Technical Workers" and was corrected by motion at the
hearing.
17 N. L. It. B., No. 58.
308
UTAH COPPER COMPANY 309
called the Smelter Workers, appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. The motion of the Smelter Workers
to dismiss is hereby denied for 'reasons hereinafter stated. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Utah Copper Company, a Delaware corporation, is a wholly owned
and controlled subsidiary of Kennecott Copper Corporation, a New
York corporation. Utah Copper Company, as agent for Kennecott
Copper Corporation, operates a large open-pit copper mine, as well
as precipitation plants and other properties located at Bingham
Canyon, Utah. Utah Copper Company also operates the two mills and
adjacent power station involved in the present proceeding; the, mills,
known as the Arthur and Magna jnills, are located approximately
17 miles from the mine.
Ore is shipped from the mine to the Arthur and Magna mills; where
the ores are reduced to copper concentrates. These concentrates and
a small amount of concentrates produced at the mine, are in turn
smelted at Garfield, Utah, in a smelter adjacent, to the Company's
property, operated by American Smelting and Refining Company.
Blister copper, the resultant of the smelting operation, is shipped
to three refineries operated by American Smelting and Refining Com-
pany in the States of Maryland, New Jersey, and Washington. There,
the blister copper is refined and the copper and precious metals, of
which the blister copper is composed, are separated, purified, and
prepared for sale. The finished products are sold by Kennecott Copper
Corporation through its wholly owned subsidiary, Kennecott Sales
Corporation.
During the period from September 1, 1942, to August 31, 1943,
approximately 319,540 tons of blister copper smelted from concentrates
produced at the Arthur and Magna mills were shipped to refineries
outside the State of Utah. During the same period, 10,872 tons of
molybdenite concentrates produced as a byproduct at the mills, were
shipped outside the State of Utah. The Company employs approxi-
mately 1,320 non-supervisory employees at its Arthur and Magna
mills.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Non-Ferrous Clerical and Technical Workers Local Union No. 692,
is a labor organization affiliated with International Union of Mine,
Mill & Smelter Workers, C. 1. 0., admitting to membership employees
,of the Company.
International Brotherhood of Electrical Workers, Local Union
'O81, is a labor organization affiliated with the American Federation
,of Labor, admitting to membership employees of the Company.
International Union of Mine, Mill & Smelter Workers, Local No.
292, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the C1ompany.
III. THE QUESTIONS CONCERNING REPRESENTATION
On March 7, 1944, and on March 21, 1944, the Clerical Workers and
the I. B. E. W., respectively, requested recognition from the Company
as the exclusive bargaining representatives for the employees in the
several units claimed by each to be appropriate. The Company de-
eclined to recognize either union upon the ground that the unit pro-
posed by each was inappropriate&for collective bargaining.
A statement of a Field Examiner for the Board, introduced in
evidence at the hearing, together with a statement by the Trial Exam-
iner, indicates that the Clerical Workers, the I. B. E. W., and the
'Smelter Workers, each represents a substantial number of employees
in the unit claimed by each to be appropriate.2
We find that questions have arisen concerning the representation
of employees of the Company, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
IV. THE APPROPRIATE UNITS THE DETERMINATION OF REPRESENTATIVES
The Clerical Workers seeks a unit composed of all office, clerical,
and technical employees of the Department of Mills,3 excluding man-
2 The Field Examiner reported that the Clerical workers had submitted 72 designations
dated in February and March 1944, all of which bore the names of persons on the
Company's pay roll of March 24, 1944, containing 119 names within the claimed appropriate
unit.
The Field Examiner also reported that the I. B. E. W. had submitted 33 designations
dated in February and March 1944, of which 32 bore the names of persons on the Com-
pany's pay roll of March 28, 1944, containing 46 names within the claimed appropriate
unit,
The Trial Examiner stated at the hearing that the SmAiter workers had presented 10
designations bearing names of persons on the -Company's pay roll of March 28, 1944,
in the production and maintenance unit. The Smelter workers also relied, as evidence of
its interest in the production and maintenance unit, on the fact that it is the current
bargaining representative of the production and maintenance employees at the Arthur and
Magna mills.
8 The Department of Mills includes not only the Arthur and Magna mills but also the
power station used in connection therewith.
0
UTAH COPPER COMPANY 311
agerial and supervisory employees. The Company agrees with the
general form of the proposed unit, but contends that certain individual
employees claimed by the Clerical Workers should be excluded. there-
from upon the ground that they have specific .supervisory duties or
enjoy a confidential relationship to the Company by reason of their
employment.
The I. B. E. W. does not contest the unit proposed by the Clerical
Workers, but claims an appropriate unit confined to the production and
maintenance employees located at the Company's central power sta-
tion, as distinguished from the remaining production and maintenance
employees at the Magna and Arthur mills.' The Company and the
Smelter Workers oppose the request of the I. B. E. W. upon the ground
that the power station is essentially a part of the mills operations. In
addition thereto, the parties are in disagreement as to the inclusion or
exclusion of janitors from the proposed unit of power station em-
ployees.
With respect to the controversy regarding the specific inclusions
sought by the Clerical Workers and opposed by the Company, the
record reveals that the Clerical Workers would include some 38 em-
ployees whom the Company contends should be excluded by reason
of their alleged supervisory or confidential status. For purposes of
this proceeding, these employees will be considered in three groups :
(1) employees alleged to have definite supervisory status; (2) em-
ployees who, while not occupying a definite supervisory status, are
said to possess supervisory authority; and (3) a large group of
employees alleged to have access to confidential information.
(1) Employees alleged to have definite supervisory status
The first group, consisting of assistant department heads, includes
the assistant to the chief storekeeper, the assistant to the chief ac-
countant, the assistant chief tabulator, and the assistant employment
director in charge of men. Each of these individuals supervises a
considerable number of employees and takes the place of his imme-
diate supervisor during periods when the head of the department is
absent from the office; moreover, all are on the senior salary pay
roll.5 The department head in each instance consults with the assist-
4 The general production and maintenance employees in the Company's mills are pres-
ently represented by the Smelter Workers as the result of an. election and certification of
representatives . See 54 N. L. R. B. 1151; 56 N. L. it. B. 35.
c The Company refers to its employees who work outside the provisions of the Fair Labor
Standards Act as "senior salaried employees." Its employees who are hourly paid and
who work under the overtime provisions of the Fair Labor Standards Act are referred to
as "junior salaried employees ." The Company considers as supervisory all the employees
listed on the senior pay roll, by reason of their importance to supervision and the fact
that the salary of each is far above the requirements set forth in the Fair Labor Standards
Act. In addition thereto, the Company claims a supervisory status for a few employees
although not listed on the senior pay roll.
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ant in connection with laying out the work of the department
and in considering the problems arising with regard to the other em-
ployees. While apparently none of these assistants has ever recom-
mended the discipline of employees in their respective departments,
all possess the authority to make recommendations of this character.
We find that the assistant department heads in question are clothed
with substantial supervisory powers and duties, and we shall, accord-
ingly, exclude them from the unit of technical and clerical employees
hereinafter found appropriate."
(2) Employees without supervisory title but alleged to possess
supervisory authority
The first designer is a senior salaried employee who, in the absence
of the chief electrical engineer, is in charge of the electrical engineer-
ing office. While there are at present but few employees in this
office, the employee described as first designer in some instances
directs other employees in the performance of their duties and has
some employees who work for him in the field. In addition thereto,
he will hereafter supervise the work of certain electricians and drafts-
men now working in the electrical office upon new designs of electrical
equipment. The evidence discloses that the recommendations of the
first designer with respect to the status of employees would be seri
ously considered by his immediate supervisor. We find that the
employee within the classification of first designer has substantial
supervisory powers within our usual definition of a supervisory 'em-
ployee. He will, accordingly, be excluded from the unit of technical
and clerical employees hereinafter found appropriate.
The recreational adviser, who is carried on the junior salary pay
roll, does not supervise the work of other employees and is engaged
full time in working with the Company in connection with various
employee welfare organizations which are supported by the Com-
pany. He also advises the Company with respect to the efficiency of
certain persons employed to maintain the properties used by such
welfare organizations. Since it appears that the duties of the, recre-
ational adviser involve the application 'of personnel policies of the
Company, we find that he is a confidential employee and as such we
shall exclude him from the unit of technical and clerical employees
,hereinafter found appropriate.7
The recording chemist is engaged for the most part in receiving and
checking information obtained from other chemists and in entering it
in the appropriate records. Although this employee does not regu-
6 The Company and the Clerical Workers are in agreement on the exclusion of the
assistant employment director in charge of women.
' See Matter of ConsolidatedVultee Aircraft Corporation, 54 N. L. R. B. 103.
UTAH COPPER COMPANY 313
larly supervise other employees, occasionally he has employees under
his supervision and takes the place of the chief analytical chemist in
the absence of the latter from the department. In addition thereto,
the recording chemist regularly assigns analytical work to the chemists
in the department under the supervision of the chief analytical chem-
ist. Upon completion of a given piece of analytical work, the results
are brought to the recording chemist who, before making a record
thereof, determines whether the analysis has been properly made. In
the event that it appears unsatisfactory to him, he may then return.
the analysis to the chemist concerned for further checking. By com-
parison with the ordinary assayer, the recording chemist is carried
at a higher rate, is classified as a senior chemist, is a senior salaried
employee, and is considered to be in training for the position of chief
analytical chemist. His recommendations with respect to the efficiency
of the other men in the department are given considerable weight by
the management. We find that the recording chemist is a supervisory
employee within our usual definition. We shall, accordingly, exclude
him from the unit of technical and clerical employees hereinafter found
appropriate.
The assistant control engineer is a senior salaried employee engaged
in the power station in supervising the handling of fuel and assisting
the control engineer in the duties normally performed by employees
in the latter classification. While it does not appear that he has at.
present any regular personnel working directly under his supervision,
his recommendations as to the hire and discharge of employees in the
power station would be considered very seriously by the chief engineer
in charge of power station operations. This employee was expressly
excluded without-objection on the part of the Company, by the I. B.
E.-W. from its proposed unit of power station employees hereinafter
considered, apparently by reason of the acknowledged supervisory
status of such employee. Under all the circumstances, we are of the.
opinion that the assistant control engineer should be excluded from
the unit of technical and clerical employees hereinafter found appro-
priate; we shall, accordingly, exclude him therefrom.
The janitor boss in the Magna mill, although bearing a title not in-
dicative of a clerical status, is claimed by the Clerical Workers as an
employee whose work is primarily of a clerical nature. The duties of
the janitor boss include the assigning of work to two women. and one.
man, all pf whom are engaged in cleaning the offices, hospital, and rest.
rooms in the Magna mill. In addition thereto, M. L. Stewart, the
present holder of this position, performs certain clerical and technical
work at the plant hospital where he spends approximately 25 percent
of his time and where he is at present training to take the place of a
helper to the first-aid operator who is about to enter the armed services.
314 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
The record discloses that Stewart's duties are at the moment largely
concerned with janitor work. His recommendations with respect to
the janitors who work under him receive serious consideration by the
management of the Company. Under all the circumstances, we find
that the janitor boss is not primarily a technical or clerical employee;
moreover, we are of the opinion that his authority over the other jani-
tors is sufficient to give him the status of a supervisory employee with-
in our usual definition. He will, accordingly, be excluded from the
unit of technical and clerical employees hereinafter found appropriate.
Our determination in this respect, however, will not preclude such em-
ployee from hereafter qualifying as a member of the technical and
clerical unit when and if it shall appear that his main duties are of a
technical or clerical nature and that he no longer exercises supervisory
authority.
The first-aid operator at the Magna mill, the pharmacist and first-
aid operator at the Arthur plant hospital perform similar duties from
a medical point of view and are under the general supervision of the
doctor in charge of the hospital and related activities. While the Com-
pany contends that all three 'ere supervisory employees, it also alleges
that the first-aid operator at. the Arthur plant hospital is in a confi-
dential relationship to management by reason of his duties as X-ray
technician, from which he is permitted to ascertain the physical defects
of job applicants. There is, however, no evidence that this employee
has anything to do with labor relations or is in a position to acquire
advance information with respect to to the Company's position in such
matters.' The further allegation of supervisory status as affecting all
three employees is based upon the fact that each of the employees in
question occasionally assumes certain duties of the doctor in the latter's
absence. The record, however, does not disclose. the frequency and
regularity of the occasions upon which these individuals assume such
duties. Under the circumstances, we find these employees have neither
confidential relationship to management nor substantial supervisory
duties. We shall, accordingly, include them within the unit of tech-
nical and clerical employees hereinafter found appropriate?
The experimental engineer in the research laboratory is engaged in
conducting experimental tests in the plants on a commercial scale.
While he has no regularly assigned personnel, he is in charge of all
testing work in the plants and at times has from 8 to 12 men directly
under his supervision. His duties include the outlining of work to be
8 In the absence of evidence that the duties of employees allow them to have advance
kpowled_re of the Company 's position with respect to labor relations , such employees are
not. "confidential" employees of the type whose exclusion from the appropriate unit Is
required by reason of their possession of or access to information of a confidential nature.
See Matter ofGeneral Motors corporation, Chevrolet Motor Division, 53 N. L. R. B. 1096,
and cases cited therein.
9 See Matter of Cramp Shipbuilding Co., 46 N. L. R. B. 115.
UTAH COPPER COMPANY 315
conducted on test units. The men who operate the machines in con-
nection with this work do so according to his instructions. His rec-
ommendations with respect to the efficiency of such operators are given
very serious consideration by higher management officials of the Com-
pany. Under the circumstances, we find that this employee has sub-
stantial supervisory powers. He will, accordingly, be excluded from
the unit of technical and clerical employees hereinafter found appro-
priate.
(3) Employees alleged to have access to confidential information
The balance of the employees whom the Company would exclude
generally perform clerical and technical work, but are alleged to pos-
sess or have access to confidential information. Of these, apparently
some have supervisory duties in addition to the asserted confidential
aspects of their employment. Among such are two assistants to. the
metallurgical engineers, the pay-roll clerk in the tabulating depart-
ment, and the sanitary engineer in the research laboratory.
The two assistants to the metallurgical engineer have access to cost
and production records which the Company considers confidential.
There is, however, no evidence that these employees have anything co
do with labor relations or are in a position to acquire advance infor-
mation with respect to the Company's position in such matters. On
the other hand, the record discloses that the assistants in question have
two or three men principally under their supervision and are charged
with the training of new employees in the department. With respect
to the latter group of employees, the assistants make recommendations
which are seriously considered by higher management officials. While
the evidence does not sustain the claim of the Company that the partic-
ular employees bear such a confidential relationship to the Company
that they should by reason thereof be excluded from the bargaining
unit, we find that they are supervisory employees within our usual
definition.. We shall, accordingly, exclude them from the clerical and
technical unit hereinafter found appropriate.
The pay-roll clerk in the tabulating department at present operates
various business machines but is alleged to be employed in a confiden-
tial relationship by reason of his access to pay-roll information. There
is, however, nothing in the record to indicate that he has anything to
do with labor relations or is in possession of confidential information
with respect to the Company's position in matters concerning labor
relations. On the other hand, it appears that this employee is regu-
larly in charge of the office on Sundays when both the chief tabulator
and the assistant chief tabulator are customarily absent from the
department, which is otherwise fully manned during Sunday opera-
tions. In addition thereto, the pay-roll clerk is considered as in train
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing for the position of assistant chief tabulator. We find that, while
the pay-roll clerk is not a confidential employee with respect to man-
agement, he does; nevertheless, possess substantial supervisory duties 10
We shall, accordingly, exclude him from the unit of technical and
clerical employees hereinafter found appropriate.
The sanitary engineer in. the researchlabQratory makes tests in the
plant in order to'determine the dust content thereof. The Company
contends that the information which lie. secures is confidential by-reason
of its relation to possible claims against the Company based on an
alleged health hazard to its employees. There is no evidence, however,
that the sanitary engineer has anything to do with labor relations or
has confidential information with respect thereto. While he may, on
occasion, have two or three men working for him collecting samples of
dust and may make recommendations as to the efficiency of these
helpers on such occasions, the sanitary engineer exercises supervision
in this respect no oftener than twice a year. Under all the circum-
stances, we find that the sanitary engineer has neither confidential
relationship to management .nor substantial supervisory duties. He
will, accordingly, be included in the unit of technical and clerical em-
ployees hereinafter found appropriate.
The remaining employees in this group the Company would exclude
primarily upon the basis of alleged access to confidential information.
Secretaries. Included in this group are the secretary to the general
superintendent and the secretaries to the superintendents of the Arthur
and Magna mills. The evidence discloses that these employees take
dictation with respect to matters involving labor relations, by reason
whereof they are in a position to acquire knowledge of the Company's
position in such matters prior to the revelation of such position to the
employees concerned. Also included in the above-mentioned group
are. the secretaries to the plant engineer and the master mechanic,
respectively. Since the plant engineer and the master mechanic occupy
supervisory positions, it would appear that such employees, and in
turn their secretaries, have access to advance information concerning
labor relations. We shall, accordingly, exclude all the secretaries
aforesaid from the unit of technical and clerical employees hereinafter
found appropriate."
The clerk in the electrical engineering department has access to
information regarding power contracts and has knowledge of the costs
of power production which the Company desires be kept from the
reach of the general public. While in addition thereto, the clerk may
10 The Board has excluded as supervisory employees those who regularly , and frequently,
substitute in a supervisory capacity. See Matter of Bisbee Linseed Company, 34 N. L. R. B.
272.
11 See Matter of Chrysler Corporation , 36 N. L. R. B. 157 ; Matter of General Cable
Corporation , 55 N. L. R. B. 1143.
UTAH COPPER COMPANY 317
read correspondence which passes over the desk of the secretary of
the electrical engineers ,12 including correspondence relating to labor
relations from the general superintendent of mills, there is no showing
that his access to such correspondence occurs regularly or is part of
his normal duties.
Of similar character , but with even less confidential aspects , are the
stenographer and requisition clerk in the accounting department, the
clerk in the power station, and the photographer in the mechanical
engineering department . The first of these employees has access to
the cost of production records in the accounting department . The sec-
ond has access to information relating to power production . The third
takes pictures of accidents for use in litigation affecting the Company.
The latter also substitutes as X-ray technician in the absence of the
first-aid operator regularly performing such duties.
While all the aforesaid employees either possess or have access to
information which the Company considers confidential from a business
point of view , in each of the above instances , however, there is nothing
in the record to indicate that the employee concerned has anything
directly to do with labor relations or that his position affords h;m an
opportunity for acquiring advance information with respect to the
Company's position in matters relating thereto. Under the circum-
stances, we find that the employees in the aforesaid group bear no
confidential relationship to management . 13 We shall, accordingly, in.-
elude such employees within the unit of technical and clerical em-
ployees hereinafter found appropriate.
By contrast with the foregoing group of employees, the employees
hereinafter considered appear to fall more clearly within the category
of confidential employees within our usual definition.
The stenographer in the general stores department handles cor-
respondence relating to personnel in the warehouse department and
is also present at conferences with respect to personnel matters between
the chief storekeeper and the superintendent of mills.
The cleric in the metallurgical engineer's office handles the- eorreL
spondence of the chief metallurgical engineer , and maintains the lat-
ter's confidential file covering communications from the general
superintendent of mills regarding regulations of the Company and
matters relating to collective bargaining.
The stenographer in the research laboratory performs the duties,
of secretary in the office of the chief chemist and handles all corre-
spondence relating to labor relations.
"s The parties are not at issue with respect to the ineiusion • of the secretary to the
electrical engineer . We find that such employee bears a confidential relationship to
management with respect to labor relations and should by reason thereof be excluded
from the unit of technical and clerical employees hereinabove mentioned.
1 3 See footnote 7 ; see also Matter o f The Hoover Comp .an4/,. 55. N.. L.. fl B.. l)321..
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The stenographer in the employment and industrial relations de-
partment has access to information regarding individual job applica-
tions and related personnel matters.
The shop clerks '14 who act as clerks for the various °supervisors
in charge of shops, have access to confidential information and cor-
respondence between the superintendent of mills and the various
department heads for whom they work, relating to labor relations
matters. They also type detailed' reports concerning recommenda-
tions for dismissal, which reports are subsequently forwarded to the
:superintendent.
With respect to the foregoing employees, we are of the opinion
that, in view of the fact that the positions of such employees involve
personnel matters or afford an opportunity for acquiring advance
knowledge of the Company's position in matters concerning labor
relations, the employees in question bear a confidential relationship
to management 15 We shall, accordingly, exclude them from the
unit of technical and clerical employees hereinafter found appro-
priate.
We find that all office, clerical, and technical employees of the
Company in its Department of Mills, including the sanitary engineer
in the research laboratory, the stenographer and requisition clerk in
the accounting department, the clerk in the electrical engineering de-
partment, the clerk in the central power station, the pharmacist, the
first-aid operators at the Arthur and Magna mills, the photographer
in the mechanical engineering department, but excluding executives,
officials, assistant department heads,16 the secretary to the general
superintendent, the secretaries to the superintendents of the Arthur
and Magna mills, the secretary to the electrical engineer, the secretary
to the plant engineer, the secretary to the master mechanic, the first
designer in the electrical engineering department, the recording
chemist in the research department, the assistant control engineer,
the janitor boss at the Magna mill, the experimental engineer in the
research laboratory, the two assistants to the metallurgical engineer,
the pay-roll clerk in the tabulating department, the stenographer in
the general stores department, the clerk in the metallurgical engineer's
office, the stenographer in the employment and industrial relations
department, the recreational adviser, the shop clerks, telephone oper-
14 Included within this category are the head clerk in the master mechanic's office, the
head clerks in the electrical department of both mills, the head clerks in the carpenter shop
of both mills, and the head clerk in the car shop.
16 See Matter of The Hoover Company, 55 N. L. R. B. 1321; Matter of West Penn Power
Company, 55 N. L. R. B. 1356.
11 Included under the term assistant department heads are the assistant employment
director in charge of women, the assistant employment director in charge of men, the
assistant to the chief storekeeper, the assistant to the chief accountant , and the assistant
chief tabulator.
UTAH COPPER COMPANY _319
ntors,17 and all other supervisory, employees with authority t07 hire,
promote, discharge, discipline, or otherwise effect changes in, the
status of employees or effectively, recommend such action, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of-the Act.
There retrains for consideration the question of an-appropriate unit
of production and maintenance employees at the Company's power sta-
tion at the Magna.and Arthur mills."' The record reveals that while
the power station is functionally related to and is under the same gen-
eral supervision as the Magna'and Arthur mills, it is, nevertheless, sit-
uated in a separate building and under the immediate separate super-
vision of the chief electrical engineer. Moreover, although the man-
jority of production and maintenance employees at the power station
are not skilled employees and have to a large extent been recruited
from among the general mill employees, it appears that these em-
ployees are engaged in a common effort to produce electrical energy,
and constitute a clearly identifiable and homogenous-group which can -
function appropriately as a separate bargaining unit li or- as part of
the larger production and maintenance unit already represented by
the Smelter Workers. Under the circumstances, while a company-
wide unit of production and maintenance employees would not, upon
the facts, presented, be inappropriate, we are of the opinion that the
considerations are sufficiently balanced to make the desires of the power
station employees themselves a factor in our determination of the type
,of unifthrough which they shall bargain.20 Accordingly, we shall per-
mit the preference of the power station production and maintenance
employees to determine in part whether or not they shall constitute a
separate unit or be added to the existing unit of production and main-
tenance employees, and to that end shall order an election. If at such
election these employees select the I. B. E. W. they shall constitute a
separate appropriate unit; if they select the Smelter Workers they
will. have thereby indicated, their desire to be included in a unit with
the production and maintenance employees -and the Smelter Workers
may accordingly bargain for them as a part of such uiiit.21
"The Clerical workers does not claim to represent the telephone' operators employed
by the Company at the Depaitment of Mills and the Company lasses no objection to their
exclusion. In view of the agreement of the parties and the difference between the work
of the telephone operators and that of the other clerical employees, telephone operators are
excluded from the unit of clerical employees.
11 In the prior case involving the bulk of the production and maintenance employees of
the,Company at the Arthur and Magna mills (54 N. L- R. B. 1151) the Board found that
because the power station was still in process"of construction, the employees of the power
station would not be considered as within any of the appropriate units in such proceeding.
19 See Matter of Commonwealth Edison Company, 55 N L. R. B. 465.
20 See Matter of Goodyear Aircraft Corporation, 45 N. L. R. B. 298; Matter of Utah
Copper Company, 54 N. L R. B, 1151. .
21 See Matter of Bendix Products Division, Bendix Aviation Corporation, 56 N. L. R. B. 602.
G
320 DECISIONS' OF NATIONAL LABOR 'RELATIONS BOARD
The only dispute with respect to the connposition of the power sta-
tion, group concerns the question of the inclusion of four janitors, who
1%v ork -under the direction of the yard boss and whom the L B. E. -W.
would exclude from the power station group in opposition to the other,
parties to the proceeding. The record reveals that the,janitors in ques-
tion hold permanent positions and perform their work iii the per
station under the ultimate supervision of the chief engineer who also
supervises the entire power station r operations. Under the circurn-
stances and in view of the fact that no other labor organization is
seeking to represent the janitors as a separate group, we shall include
them within the voting group of power station employees. As previ-
ously indicated, we',shall at this time make no final determination with
respect to the unit of power station employees, pending the outcome
of the election in the voti ng group,set forth below:
All production and maintenance employees of the central power sta-
tion of the Company including janitors, but cxclu ling office, clerical,
and technical employees, officials, foremen, the yard boss, and all super-
visory employees with authority to,hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees or effec-
tively recommend suell actiori.2_
We shall direct separate elections i.n1ollg the employees in the appro-
priatetimit and voting gronp set forth above, Who v, eye employed dur-
ing the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.23
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 Relations Act,
acid pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
'tives,for the purposes of collective bargaining 'with Utah Copper Coln-
pliny, Salt Lake City, Utah, elections by secret ballot shall be conducted
= The assistant chief electrical engineer, the control engineer, the assistant control
eneinelr, the turbine foieuren, construction foremen, power maintenance 'foremen, and
,repair foremen are excluded as either technical or supervisory employees within our usual'
dehmt'on '
. .3 The Smelter Workers requests that it may appear on the ballot in the power station
group as Mine, Mill & Smelter Workers, for itself and on behalf of Its Local Union 392,
C I. 0 We shall designate the Smelter Workers on the ballot as its- name appears in the
Direction of Election, since we are persuaded that, if the Smelter Workers is eventually,
certified, its designation as Mine, Mill & Smelter Workers, for itself and on behalf of,its
Local Union 392, C I. 0., night be ambiguous. Accordingly, the request of the Smelter
Workers is hereby denied. See Matter of Bull Brothers Company, 54 N. L R. 'B.,1512
Matter of Blackwell Zsne Company, Inc., 56 N. L R. B. 921.
UTAH COPPER COMPANY 321
V
as early as possible but not later than thirty (30) days from the date
of this Direction of Elections, under the direction and supervision
of the Regional 'Director for the Tv,-eiitieth Region, acting in this
matter is agent for the National Labor Relations Board and subject
„to 'Aiticle.,III; Sections 10 and, 11;,-of said-Rules and .Regulations,,.
among the following groups of-employees of the Company who were
employed during the pay-roll period immediately preceding the date.
,of this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and` including employees in the armed forces of the United
States who present themselves in person at the polls, but exdluding
any who have since quit or been'discharged'for cause'and have'not
been rehired or reinstated prior to the date of the elections and exclud-
ing also all supervisory employees with authority to hire, promote,',
discharge, discipline, or otherwise effect changes in the status of em-
ployees or effectively recommend such action:
(1) 1111 office, clerical, mind teclith al employees of the Co'rnpany in'
its Department of Mills, in the unit found appropriate in Section IV,
above, to determine whether or not they desire to be represented by
Non-Ferrous, Clerical and Technical Workers Local Union No. 692,
affiliated with the International Union of Mine, Mill & Smelter Work-
ers, C. I. 0, for the purposes of collective bargaining;
(2) All production and maintenance employees of the Company at
its central power station in the voting group described in Section IV,
above, to determine whether they desire to be represented by Inter-
national•Brotherhood of Electrical Workers, A. F. of L., Local Union
1081, or by Mine, Mill & Smelter Workers, Local Union 392, C. I. 0.,
for the purposes of collective, bargaining, or by neither.
I
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