Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Aug 7, 1943

51 N.L.R.B. 1140 (N.L.R.B. 1943)

In the Matter Of KENNECOTT COPPER CORPORATION, NEVADA MINES DI-
VISION and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORK-
ERS, C. I. 0., FOR ITSELF AND ON BEHALF OF ITS RUTH MINERS UNION,
LOCAL No. 124
In the Matter of KENNECOTT COPPER CORPORATION, NEVADA MINES DI-
VISION and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORK-
ERS, C. I. 0., FOR ITSELF AND ON BEHALF OF ITS STEPTOE MILL AND
SMELTERMEN 'S UNION, LOCAL No. 233
Cases Nos. R-5381 and RD382 respectively. Decided August 7,194.3'
Mr. W. Howard Gray, of Ely, Nev., and Mr. C. C. Parsons, of Salt
Lake City, Utah, for the Company.
Mr. E. R. White, of San Bernardino, Calif., for the I. A. M.
Mr. Fred Olds, of Washington, D. C., for the AFL Unions.
Mr. Abraham J. Isserman, of Las Vegas, Nev., for the Smelter
Workers.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by International Union of Mine, Mill &
Smelter Workers, C. I. 0., herein called the Smelter Workers, for
itself and on behalf of its Ruth Miners Union, Local No. 124, and of
its Steptoe Mill and Smeltermen's Union, Local No. 233, each alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Kennecott Copper Corporation, Nevada
Mines Division, Ruth and McGill, Nevada, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Louis S. Penfield, Trial Examiner.
Said hearing was held at Ely, Nevada, on May 14, 15, and 17, 1943.
At the commencement of the hearing the Trial Examiner granted the
motion to intervene made by International Association of Machinists,
Local 279, herein called the I. A. M. He also granted the joint motion.
51 N. L. R. B., No 180.
1140
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1141
to intervene filed by the following organizations affiliated with the
American Federation of Labor, collectively called herein the AFL
Unions:1 International Union of Bricklayers, Masons and Plasterers,
Local No. 2, herein called the Bricklayers; Hotel and Restaurant Em-
ployees International League of America, Culinary Workers Local
Union No. 141, herein called the Culinary Workers; International
Association of Bridge and Structural Iron Workers, Local No. 27,
herein called the Iron Workers; International Brotherhood of Boiler-
makers, Iron Shipbuilders, Welders and Helpers of America, Local
No. 490, herein called the Boilermakers; United Brotherhood of Car-
penters and Joiners of America, Local No. 966 and Local No. 1572,
herein called the Carpenters; International Brotherhood of Electrical
Workers, Local No. 571, herein called the I. B. E. W.; International
Hod Carriers, Building and Common Laborers Union, Construction
and General Laborers Local Union No. 1339, herein called the Hod
Carriers; International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers,' herein called the Teamsters; United Associa-
tion of Plumbers and Steam Fitters of the United States and Canada,
Local No. 611, herein called the Plumbers; Brotherhood of Painters,
Decorators and Paperhangers of America, Local No. 486, herein called
the Painters; and International Union of Operating Engineers, Local
No. 3, herein called the Operating Engineers. The Company, the
Smelter Workers, the I. A: M., and the AFL Unions were represented
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. The motions of the I. A. M.
and the AFL Unions to intervene were entitled "Notice and Motion
to Intervene and to Dismiss Petition.". The Trial Examiner reserved
ruling for the Board on the motions to dismiss. The AFL Unions
stated no grounds for its motion to dismiss. It is hereby denied. For
the reasons hereinafter set forth, we shall grant the motion of the
I. A. M. that the petitions of the Smelter Workers be dismissed inso-
far as they affect the employees for whom we have previously certified
the I. A. M. as the statutory representative.3 At the outset of the hear-
ing the representative of the AFL Unions, who purported also to rep-
resent White Pine Metal Trades Council, requested, on behalf of that
organization, leave to withdraw its motion to intervene, which had
been filed with the Regional Director on April 13, 1943, and had been
granted by the Regional Director on April 26, 1943. The Trial Exam-
' The names of the AFL Unions appear herein as set forth in their briefs filed with the
Board, since the names given in the record are obviously incomplete or inaccurate. We
shall designate them on the ballot, however , in the manner requested at the bearing.
Y Apparently the local ' union has not yet been chartered , although an application is
pending.
' Matter of Nevada Consolidated Copper Corporation , 38 N. L . R. B. 1346, and 39
N. L. R. B 1035.
1142 DECISIONS O F NATIONAL LABOR RELATIONS BOARD
iner reserved ruling on this motion for the Board. The motion to
withdraw is hereby granted. At the opening of the hearing the Smel-
ter Workers moved to amend its petition in certain respects. The
Trial Examiner reserved ruling for the Board on the motion. For
reasons hereinafter set forth , the motion is hereby granted. The Trial
Examiner 's rulings , made at the hearing are free from prejudicial
error and are hereby affirmed. 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
I. THE BUSINESS OF THE COMPANY
Kennecott Copper Corporation is a New York corporation, having
its principal office in New York City. Among its various operations,
the Company is engaged in the mining, milling, and smelting-of copper
ore in the State of Nevada. In connection therewith it operates mines
at Ruth, Nevada, and a mill and smelter for the reduction of copper
ore at McGill, Nevada, 22 miles distant from Ruth. All copper ore
mined by the Company at Ruth is shipped to McGill for the reduction
process. In addition, copper ores purchased from the independent
operators are processed at its McGill plant. During the year 1942,
the products of the McGill reduction plant were valued at approxi-
mately $12,596,000 and were shipped to points outside the State of
Nevada. During the same preiod, the Company purchased machinery,
equipment, and supplies, valued at approximately $3,817,000, all of
which were shipped to the Company's operations at Ruth and McGill
from points outside the* State of Nevada. The Company employs
approximately 1,700 employees at its McGill and Ruth operations,
The Company admits, for the purpose of this proceeding, that its
operations affect commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill & Smelter Workers, Local No. 124
and Local No. 233, is a labor organization affiliated with the Congress
of Industrial Organizations, admitting employees of the Company to
membership. -
International Association of Machinists, Local 279, is an unaffiliated
labor organization, admitting employees of the Company to mem-
bership.4
International Union of Bricklayers, Masons and 'Plasterers, Local,
No. 2; Hotel and Restaurant Employees International League of
America, Culinary Workers Local Union No. 141; International Asso-
* Although the motion to intervene filed by the I . A. M. and other formal papers indi-
cated that the I . A. M. was affiliated with the American Federation of Labor, we take
3 otice of the fact that since the hearing the I. A. M. has withdrawn from the A . F. of L.
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1143
ciation of Bridge and Structural Iron Workers, Local No. 27; Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders, Welders
and Helpers of America, Local No. 490; United Brotherhood of Car-
penters and Joiners of America, Local No. 966 and Local No. 1572;
International Brotherhood of Electrical Workers, Local No. 571;
International Hod Carriers, Building and Common Laborers Union,
Construction and General Laborers Local Union No. 1339; Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers ; United Association of Plumbers and Steam Fitters of the
United States and Canada, Local No. 611; Brotherhood of Painters,
Decorators and Paperhangers of America, Local No. 486; and Inter-
national Union of Operating Engineers, Local No. 3, are labor or-
ganizations affiliated with the American Federation of Labor,
admitting employees of the Company to membership.
- III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated at the hearing that on or about March 19,
1943, each of the'Smelter Workers' locals requested by letter that the
Company recognize them as the collective bargaining representative
of certain employees in alleged appropriate bargaining units. The
Company declined to grant the respective locals such recognition, for
the reason that it questioned that the units alleged were appropriate
and that the locals represented a majority of the employees in such
units; the Company further refused to grant recognition to the locals
as the statutory representative of any of its employees until such
time as the locals should be certified by the Board.
Mention has heretofore been made of the motion to dismiss filed
by the I. A. M. In a previous proceeding involving the Company's
employees, the Board found that a unit of machinists was appro-
priate and directed that an election be conducted among the em-
ployees in that unit.' Pursuant to the Direction of Election, an elec-
tion was conducted and thereafter the I. A. M. was certified as the
statutory representative of the employees in the units Following
the certification, the I. A. M. and the Company commenced negotia-
tions which continued for a number of months. By September 12,
1942, they had reached an accord upon all issues but wages and the
union shop. At that time a representative of the Department of
Labor Conciliation Service was called in. The parties rejected -his
suggestion that the matter be submitted to arbitration, and on De-
cember 1, 1942, the matter was certified to the, War Labor Board.
In February 1943, a representative of the War Labor Board com-
menced his investigation and on March 26, 1943, issued his report,
38 N. L. R B. 1346.
6 39 N. L. R. B. 1035.
1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
finding that the parties were in accord on all subjects except wages
and union maintenance, and making recommendations to the Non-
ferrous Metal Commission of the War Labor Board. At the time
of the hearing the matter was still pending before this Commission.
The I. A. M. and- the Company insist that the prior certification
and the existing state of negotiations act as a bar to the Board's
determination of any question concerning representation which may
be raised by the present petitions with respect to employees in the
machinists unit. In support of its contention that the employees
in the machinists group are part of the large industrial unit and its
alternative position that an election should be conducted among
the employees in' the machinists unit if the Board orders "globe"
elections, the Smelter Workers points to the fact that the certification
of the I. A. M. occurred over a year ago, that no contract is yet
in existence to act as a bar to the Board's proceeding at the present
time, and that the Smelter Workers represents a substantial number
of employees in the machinists unit.?
In view of all the circumstances, we are of the opinion that it
would not effectuate the policies of the Act to order an election
in the machinists unit at this time. Although the I. A. M.'s cer-
tification is more than a year old, it is clear that collective bargain-
ing negotiations commenced immediately thereafter and that through
no fault, of the parties a contract has not yet been consummated.
Moreover, the parties did reach a substantial accord as far back
as September 1942; and in December 1942, long before the petitions
in the instant case were filed, the controversy was referred to the
War Labor Board. An election at the present time might serve to
negate the proceedings of the War Labor Board, require new pro-
ceedings before that Board, and create uncertainty and unsettled
bargaining conditions for an additional indeterminate period. From
the standpoint of stable labor relations, it is undesirable to penalize
a statutory representative for unavoidable delays consequent upon
its voluntary acceptance of orderly procedures established by govern-
mental authority for the adjustment of differences with an employer.
To charge a certified bargaining representative with such delays
would have the effect of discouraging resort to such orderly pro-
cedures and promoting industrial strife and unrest which the Act
was designed to avoid. Upon the entire record we find that the
prior certification of the I. A. M. and the existing state of negotiations
act as a bar to a determination of representatives of the employees
4 The Trial Examiner stated that an examination of the dues-payment records of the
Smelter Workers revealed that 40 employees within the machinists unit were members in
good standing of the Smelter Workers He further stated that 2 currently dated member-
ship cards presented by the Smelter Workers bore the apparently genuine original signa-
tures of 2 employees on the pay roll of April 1, 1943, within the machinists' unit. There
are 82 persons within such unit.
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION1145
in the machinists unit at this time.' We shall accordingly grant
the I. A. M.'s motion that the petitions be dismissed insofar as they
concern the employees for whom the I . A. M. is the statutory repre-
sentative.
Statements of the Trial Examiner and a Field Examiner with re-
spect to authorization evidence submitted by the Smelter Workers,
the I. A. M., and the AFL Unions were introduced into evidence at the
hearing.9
8 Cf. Matter of Allis-Chalmers Manu facturing Company, 50 N. L. R. B., No. 44.
6 The following tabulation sets forth the Trial Examiner ' s statement concerning the
authorization evidence submitted by the I . A M. and the AFL Unions :
nion vidence
Num-
ber
signed
cards
ormein-
bers in
good
stand-
ing
ated
Appar-
ently
gen-
nine
signs-
tures
um-
ber on
pay
4-1-43
Ap-
proxi-
mate
num-
her in
unit
I. A. M_____________ Dues paymentrecords _ 37 5/14/43_____________ ------- 30 -----
Authorization cards--- 15 Mar . and May 15 8 82
1943
Bricklayers -----'--- Dues payment records - 5 5/14/43_____________ ________ 3 6
Operating Engi- Dues payment records
-
25 5/14/43_____________ ________ 19 ........
neers. Authorization cards --- 20 Mar and Apr. 20 16 185
1943
I B. E. W---------- Dues payment records - 25 5/14/43_____________ ________ 18 --------
Authorization cards--- 8 Mar. 1943 --------- 8 5 44
Boilermakers _______ Dues payment records - 24 5/14/43_____________ ________ 21
Authorization cards.-- 9 Mar. 1943 --------- 9 5 40
Painters -- ---------- Dues payment records- 17 5/14/43_____________ ________ 16 __-.___-
Authorizationcards 2 Mar. and May 2 1 24
1943.
Iron Workers _______ Authorization cards --- 5 3/20/43_____________ 5 2 22
Culinary Workers - Authorization cards --- 9 Mar. 1943 _________ 9 8 29
Carpenters --------- Dues payment records- 39 5/14/43_____________ ________ 30 --------
Authorization cards --- 10 Mar . and May 10 3 44
1943.
Teamsters ---------- Authorization cards --_ 60 Mar, Apr., May 60 42 30
1943.
Hod Carriers ------- Paid applications ----- 19 5/14/43_____________ 19 8 --------
Membership applica- 23 Undated_ _________ 23 8 --------
Lion blanks.
Authorization cards --- 67 _ 28 582
Plumbers---------__ Dues paymentrecords 19 5/14/43_____________ ___ 15 --------
Authorization cards --- 1 Mar. 1943 --------- 1 1 24
As hereinafter indicated , each of the Smelter Workers' locals petitioned originally
for a separate industrial unit, one composed of the McGill employees and the other
of the Ruth employees . At the hearing the Smelter Workers amended their petitions
in order to combine the units sought for McGill and Ruth into one unit.
The following tabulation sets forth in the Field Examiner ' s statements concerning
the results of his spot check of authorization and application cards submitted by the
Smelter Workers
Number
Num- Appar-
ently
signs-
tures
Number
surnames Per- Approx-
Local herof Dated
g
genuine beginning"
beginning
" " cent-
imate
cards signs-
A to
"L" on
A to
"L" in age
number
in unitLures pay roll unit
4/1/43
Local 124___ 257 111 Undated (146 between Feb 257 112 190 58.9 356
and Mar. 1943).
Local 233 --- 475 103 Undated (372 between Jan. 475 266 411 55 0 774
and Apr. 1943).
Total 732 ________________________________ 732 378 601 62.8 1130
1146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce 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
A. Contentions of the parties
Each of the AFL Unions, with the exception of the Hod Carriers,
seeks a bargaining unit composed of skilled employees of the Com-
pany's McGill and Ruth operations engaged in an occupation bringing
them within the jurisdiction of such unions. In the main, none of
these organizations purports to represent unskilled or common laborers.
The Hod Carriers apparently urges a unit of the remaining produc-
tion, construction, and maintenance employees, with certain exceptions,
who are not included in the units sought by the other AFL Unions.
The Smelter Workers, on the other hand, denies the appropriateness
of the units sought by the AFL Unions and insists that only an in-
dustrial unit is appropriate, embracing all production, construction,
and maintenance employees with certain exceptions.10 The Company
stated no definite position in respect to the unit it deemed to be
appropriate for the purposes of collective bargaining.
The Company's operations are divided into three departments: (1)
the mining department at Ruth, Nevada; (2) the ore-delivery depart-
ment 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 under-
ground copper mine at Ruth. Additional ore is purchased from a
neighboring mining company and hauled to the reduction 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 separated from the waste slag. The
matte passes to the converter department which processes the matte
into the finished blister copper.
The record clearly indicates the functional interdependence of the
Company's Ruth and McGill operations and the appropriateness of
including the, employees of both operations in the same bargaining
unit and/or units. A general manager, in charge of both the McGill
10 The Smelter Workers' petitions alleged that two separate units of production, con-
struction , and maintenance employees , of the Ruth and McGill operations respectively, were
appropriate . At the outset of the hearing , the Smelter Workers moved to amend its claim
of unit in order to consolidate the two proposed units into one The Trial Examiner re-
served ruling for the Board on the motion to amend. The factors indicating the appro-
priateness of including Ruth and McGill employees in the same unit are set forth imme-
diately below . The motion is hereby granted.
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1147
and Ruth operations, exercises control of the labor policy and of all
departments. 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 chief clerk at McGill, where the principal offices, of
both operations are situated. An employee insurance plan is extended
to all employees, whether engaged at the Ruth or the McGill opera-
tions. At both Ruth and McGill, the Company maintains and oper-
ates town sites, boarding houses, and commissaries. At East Ely
it maintains a hospital for the use of all employees. In addition,
emergency hospitals are maintained and operated by the Company at
both McGill and Ruth. At McGill it also operates a dairy which pro-
duces milk for sale exclusively to the Company's employees. Electric
power for all operations, including the town sites, is generated at a
power plant in McGill. We conclude and find that the employees of
both the McGill and Ruth operations should be included in the same
bargaining unit and/or units.
The Bricklayers claims that all bricklayers, bricklayer apprentices,
and spraymen of the refractory constitute an appropriate unit. The
bricklayers and apprentices are employed at the McGill plant; they
perform ordinary bricklaying work principally in connection with the
furnaces. The spraymen apply a heavy mud solution to the roofs of
the furnaces in order to repair breaks and to enable continuous
operation.
The Painters urges a unit composed of all painters, plasterers,
painter helpers, and plasterer helpers. These employees are engaged
in general painting and plastering work about the plants and town
sites.
The Plumbers seeks to represent all plumbers, pipe fitters, steam
fitters, and employees engaged in installing and repairing valves. It,
appears that these employees are engaged in work customarily per-
formed by such craftsmen.
The Iron Workers claims all structural and ornamental iron work-
ers employed by the Company. These employees are engaged in
working on heavy structural iron and steel work and are listed, on
the pay roll as steelworkers.
The unit sought by the Carpenters embraces all carpenters, head
sawyers, sawyers, and sawyers' helpers. The carpenters are employed
throughout the operations and town sites in general carpenter work.
The head sawyer and helpers, working largely with power saws, are
engaged in cutting timber for use in the underground mine.
The Boilermakers desires to represent all boilermakers, boiler-
maker helpers, head layer outers, layer outers, rivet heaters, riveters,
sheet metal workers and helpers, tinners, steel car repairmen, and
1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
welders of the trade in the-boiler shops and certain powerhouse re-
pair helpers. The boilermakers, helpers, layer outers, and welders
are employed in work typical of the trade in the boiler shops located
at both McGill and Ruth. The Company also maintains a tin shop
at'McGill where tinsmiths, tinners' helpers, layer outers', and handy-
men work with light sheet metal. The powerhouse repair helpers
are engaged in cleaning boilers.
The I. B. E. W. seeks a unit composed of all electricians, motor
inspectors, overhead crane operators,, trouble shooters, linemen, tele-
phone exchange operators, chief operators, helpers, and apprentices.
Telephone exchange operators operate a telephone switchboard at
Ruth. The remaining employees within the I. B. E. W.'s proposed
unit are engaged either in the installation, repair, and maintenance
of electrical machinery, appliances, and power lines, or in the opera-
tion of electrical apparatus.
In substance, the Operating Engineers seeks to establish a unit of
11all employees engaged in the operation of power driven machinery.
To assist in the digging of ore and the removal of waste in the min-
ing operation, the Company uses certain types of drills, shovels,
tractors, and other, machines, the operation of which requires con-
ssiderable skill. In the underground mine, motormen and helpers
operate electric trains which remove the ore. Hoist engineers oper-
ate the machinery which lowers and raises ore and employees into and
out of the mine. Engineers watch and operate valves and other ma-
chinery in the powerhouse and boiler rooms. Crane engineers and
firemen operate cranes used to lift, and move material. Oilers are
engaged in oiling machinery throughout the Company's operations.
The remaining employees classified as "operators," "motormen," or
"car dumpers" are engaged at various tasks in and about the mill
and smelter. When ore is delivered from the mine it first passes
through several crushing operations. The crushed ores then are
transported to the flotation plant where, by the use of reagents, cop-
per is separated from the ore. The copper concentrates thus pro-
duced are carried to the reverberatory furnaces in the smelter. There
they are smelted into a slag, called matte, which passes to the con-
ss The following classifications are included in the Operating Engineers ' unit : Auxiliary
engineers , boiler room engineers, and extra engineers in the power plant ; ice plant engi-
neers ; oilers ; assistants ; helpers ; waste boiler tenders ; casting machine operators ;
reverberatory department operators ; coal mill operators ; cottrell operators ; precipitation
operators tractor drivers and operators ; dragline engineers ; gas shovel operators ; crane
engineers ; crane firemen ; dinky engineers ; dinky switchmen , mill and feeder operators ;
car dumpers ; motormen ; crusher operators ; flotation operators ; filter operators ; electric
shovel operators ; second engineers ; churn drill operators ; prospect drill operators ; drill,
helpers , steam crane engineers and firemen ; track shifter operators ; mine motormen ;
mine motormen helpers ; ore hoist engineers ; compressor engineers ; man hoist engineers
stationary boiler engineers and firemen ; precipitation plant engineers , and engineers and
firemen.
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1149
verter where compressed air is applied to remove impurities and to
produce the ultimate product, blister copper. These various opera-
tions are a continuous process during which the product is carried
on conveyors, dumped into and emptied from cars, bins, tanks, fur-
naces, and other contrivances. The entire process is machine operated
and the machinery is controlled by the variously titled "operators."
Their work consists largely in watching the process and operating
power controls as needed.
The Teamsters desires to represent all truck drivers, warehousemen
and helpers, oil house attendants, and certain clerical employees en-
gaged in office work or in clerical work in the mines and plant.
The Culinary Workers urges a unit composed of the chef, cook,
waitresses, waiters, dishwashers, and janitors employed in the dormi-
tories, boarding houses, and bunk houses, as well as the cook at Duck
Creek and all boarding house labor. These employees work primarily
in the company-operated boarding houses.
With certain exceptions, the Hod Carriers in effect would establish
a residual unit composed of all employees not included within the
claims of the other AFL Unions. The proposed unit is comprised of
numerous employees performing a variety of tasks and possessing
various degrees of skill .12 Apparently the skilled employees of the
foundry and blacksmith shops are not included in the Hod Carriers'
unitls Watchmen and supervisory employees are also excluded.
The Smelter Workers denies the appropriateness of the units urged
by the AFL Unions and contends that the following employees of the
Company's Ruth and McGill operations constitute an appropriate
unit: "production, construction and maintenance employees (includ-
ing machinists) ; the General Welfare Department employees in the
boarding house, dormitories, commissary, and dairy ; samplers, non-
deputized watchmen and subforemen; excluding only the following:
executives, foremen, assistant foremen, mine bosses, clerical, technical,
professional, and medical department employees, deputized watch-
men, temporary dairy field workers, and railroad employees working
under collective bargaining agreements."
12 Although several remaining classifications were not claimed by the Hod Carriers in
its final unit summation , probably through inadvertence , the following classifications are
included in its proposed unit : crane chasers , copper loaders, skimmers , feedermen , feeder-
men helpers , tappers, skimmers , binmen, dumper and feeder carman , concrete finishers,
garbage truck laborers , clean-up men , trackmen , general laborers , copper scaleman, gas
chemist assistants , repair helpers , handymen, machinemen, laborers , carpenter helpers,
rollmen, screennren , second rollmen , Xanthate operators , quarry laborers , quarry miners,
samplers , miners, raisemen , chute blasters , powdermen; muckers , skip tenders, timbermen,
cage tenders , binmen, machine helpers , timber helpers , timber and steel nippers, track
helpers, cage helpers , topmen, ore loaders, precipitation plant attendants and laborers,
Waterman at ward mountain , jackhammermen, coal dock attendants , and dairy employees
ss However , the Hod Carriers affirmatively claimed the foundry laborers
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Aside from the negotiation by the various organizations of griev-
ances of individual members, there is no history of collective bar-
gaining among the Company's employees which may be considered
determinative of the appropriate units.
As indicated previously in Section III, the Bricklayers, the I. B.
E. W., the Boilermakers, the Painters, the Culinary Workers, the
Carpenters, the Teamsters, and the Plumbers have organized sub-
stantial numbers of employees in the craft groups heretofore
described. The Iron Workers and the Operating Engineers pro-
duced evidence, though by no means substantial, that some employees
in these craft groups have indicated a desire to bargain in separate
craft units. The evidence presented by the Hod Carriers shows that
it represents a very small portion of the residual group. The Smelter
Workers' campaign, on the other hand, has enlisted the membership
of a substantial number of employees on an industrial basis
From the foregoing; it appears that the employees in the units
proposed by the craft organizations and the remaining 'production,
construction, and maintenance employees, with the exception of full-
time watchmen, '14 might properly constitute separate bargaining units
or might be merged in the single industrial unit urged by the
Smelter Workers. In this situation we shall permit the scope of the
bargaining unit or units to be determined, in part, by the results
of separate elections 15
B. The voting waits
There remains for consideration the specific composition of the
voting units.
Watchmen. The Smelter Workers included in its unit iiondepu-
tized watchmen but would exclude deputized watchmen 16 If the
inclusion of watchmen in a unit of production and maintenance
employees should be deemed inappropriate by the Board, the Smelter
Workers contends, alternatively, that the watchmen constitute a
separate appropriate unit. None of the AFL Unions desires to
represent full-time watchmen.. Employees classified as auxiliary
military police and special watchmen, as well as certain repair
helpers, are engaged as full-time watchmen. We are of the opinion
that such watchmen should not be included in a unit,with produc-
tion and maintenance employees but on the other hand they should
not be denied the right to self-organization.. We find that all em-
ployees performing the duties of full-time watchmen, including
14 Watchmen are hereinafter found to constitute a separate appropriate bargaining unit.
15 See Matter of Utah Copper Company, 49 N L. R B 901 ; Matter of Inspiration
Consolidated Copper Company, 44 N. L R. B. 1160; Matter of Phelps Dodge Corporation,
41 N. L R B. 140, and cases cited therein.
14 However, it appears that no watchmen are deputized at the present time.
KENNECOTT COPPER CORPORATION, IvEVADA MINES DIVISION 1151
auxiliary military police, special watchmen, and certain repair
helpers'17 but excluding foremen and supervisors, constitute an ap-
propriate unit for the purposes of collective bargaining. We further
find that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargain-
ing and otherwise will effectuate the policies of the Act.
Supervisory employees. The Smelter 'Porkers desires to represent
subforemen. The AFL Unions include foremen as well as subforemen
parently represent all samplers. The Company urges the exclusion of
both classifications. It appears that subforemen spend more than 50
percent of their time actually working with their subordinates.
However, they possess the 'authority to recommend the discharge of
employees under their supervision. The subforemen assume the
duties- of foremen in the latter's absence. Although in the previous
proceeding we included subforemen in the machinists unit,'8 we are
now of the opinion that subforemen should be excluded.19 It is clear
that foremen exercise supervisory duties and have authority to dis-
charge employees. We shall exclude foremen and subforemen from
all voting units as well as the following supervisory employees whose
exclusion was agreed upon by the parties at the hearing : pit superin-
tendent, general foremen, assistant general foremen, assistant drill,
foremen, general powder foremen, assistant powder foremen, shift
bosses, shaft bosses, stope and level bosses, and mucker bosses.
Samplers. The Smelter Workers includes all hourly paid sam-
plers, with the exception of Harry Haaser and F. M. Cork, and ex-
cludes salaried samplers from its unit. The Hod Carriers would ap-
parently represent all samplers. The Company urges the exclusion of
all samplers on the ground that they are technical employees. Samplers
work in the pit mine, the underground mine, and the concentrator. They
take "grab samples," "cut samples," samples by drilling, and samples
by "coning and quartering." The latter method involves making a
conical pile ofi material to be sampled, quartering the cone with a
shovel, and further coning and quartering the quarter until a small
representative sample has been obtained. The record indicates that
some of the samplers grind and prepare the samples for testing by
the assayers. Concentrator samplers simply take buckets of samples
from the mill and transport them to the assay office, where they dry
the samples and prepare them for assaying. It appears that the
salaried samplers and two of the hourly paid samplers, Harry Haaser
and F. M. Cork, are "better grade samplers" and are engaged in
3' Certain employees listed on the pay rolls under the classification of repair helpers are
actually auxiliary military police and are exclusively employed as watchmen.
3s 38 N. L. R. B. 1346.
Cf.: Matter of The Maryland Drydook Company, 49 N. L R. B. 733.
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
assaying and other duties of a somewhat technical nature. Since the
hourly paid samplers, with the exception of Haaser and Cork, per-
form work of no great technicality, we shall include the hourly paid
samplers in the residual voting unit but shall exclude the salaried
samplers and Haaser and Cork.20
Clerical employees are included in the unit urged by the Teamsters.
The Company and the Smelter Workers would exclude such em-
ployees. On the other hand, the Smelter Workers wishes to include
in its unit commissary clerks, whom none of the AFL Unions would
represent. As the commissary clerks and the clerical employees per-
form similar duties, they should be grouped together in the same unit.
However, it would obviously be inappropriate to include'them in a
unit with truck drivers, oil house attendants, warehousemen, and
helpers. If they are to be included in any unit, they logically fall
within the residual production and maintenance group. However,
the organizations seeking to represent that group do not desire to
include therein the clerical employees. We shall accordingly exclude
clerical employees and the commissary clerks from all voting units.
Welfare department employees. The Company urges the exclusion
of the employees who are employed in the boarding houses, club house,
bunk houses, dormitories, commissary, and dairy. As heretofore
noted, the Culinary Workers desires to represent the employees of the
dormitories, bunk houses, and boarding houses; however, it urges the
exclusion of club house employees from its unit. The Smelter Work-
ers would represent the club house employees as well as the other em-
ployees claimed by the Culinary Workers. The club house is "a
combination dormitory and recreational building." It appears that
the work of its employees is of the same nature as that performed by
the employees whom the Culinary Workers desires to represent. We
shall include the club house employees in the Culinary Workers voting
unit.
The Teamsters includes the dairy truck drivers in its unit and the
Hod Carriers claims the remaining employees of the dairy.21 The
Smelter Workers desires to represent all dairy employees, with the
exception of the dairy field workers. It is clear that the field workers
are agricultural employees and therefore are not within the Board's
jurisdiction. In view of the present state of the record before us, we
are uncertain as to the status of the dairy employees, who appear in
20 See Matter of Utah Copper Company, 49 N. L R. B 901; Matter of Inspiration
Consolidated Copper Company, 44 N. L. R. B. 1160; Matter of Phelps-IDodge Corporation,
41 N. L. R B. 140; Matter of Kennecott Copper Company, 40 N. L. R. B. 986.
21 In explaining the claims of the AFL Unions with regard to the dairy employees, all
of whom are in the welfare department, counsel stated , "The dairy and steelworkers don't
come under the jurisdiction of the laborers " Obviously , counsel must have stated, or at
least meant , "field workers" rather than steelworkers , since the latter are claimed by the
iron workers I
r
0
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1153
many respects to be agricultural employees. In any event, their du-
ties and functions are totally unrelated to those of the production, con-
struction, and maintenance workers, and the record clearly indicates
the impropriety of including dairy employees in a unit with produc-
tion and maintenance employees. We shall, therefore, exclude the em=
ployees of the dairy from all voting units.
Apparently none of the AFL Unions desires to represent the skilled
employees of the foundry and blacksmith shops who are included in
the Smelter Workers' unit 22 The foundry shop employs such classi-
fications of employees as moulders, melters, punchers, ladlemen, crane-
men, and copper loaders. We shall include the overhead cranemen
in the I. B. E. W.'s voting unit 23 and any other craftsmen employed in
the foundry and boiler shops in the appropriate craft voting unit.
The remaining employees of the foundry and blacksmith shops shall
be included in the residual voting unit.
The Carpenters specifically would exclude carpenter helpers from
its unit. In view of the Company's policy of upgrading and promot-
ing employees to more skilled positions as vacancies occur and the fact
that elsewhere in the industry, such helpers are included in the unit
covering carpenters, we shall include carpenter helpers in the Car-
penters voting unit.
The Carpenters stated no position as to the carpenter apprentices,
cabinet makers, and patternmakers listed on the carpenter-shop pay
rolls. We shall, however, include these employees in the Carpenters
voting unit.
It appears that there are several handymen employed in the car-
penter shop. One obtains lumber on requisition and the other sets
up woodworking machinery. We shall include the handymen in the
Carpenters voting unit.
The record indicates that nearly all craftsmen are assisted by handy-
men, repairmen, repair helpers, and helpers. Some of the AFL
Unions did not specifically request the inclusion of such employees
in their units. We shall include in the corresponding craft voting
units all handymen, repairmen, repair helpers, and helpers who assist
the various craftsmen.
One, of not more, of the employees classified as boilermakers on
the pay roll is actually employed as a "car walker." They inspect
brakes and make adjustments and are in no sense skilled boilermakers
although'they work out of-the boiler shop. It appears that they are
classified as boilermakers merely for pay-roll purposes. We shall
exclude car walkers from the Boilermakers voting unit.. '
I The Hod Carriers would include in its unit only the foundry laborers.
21 The I. B. E. W. seeks to represent operators of overhead cranes.
1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Similarly, a repairman of the boiler shop is actually employed as
an operator of a punch and shear machine. We shall also exclude
him from the Boilermakers voting unit.
Although the Operating Engineers includes "feedermen .. .
listed . . . as mill operators" and "feeder operators" of the con-
centrator department, it disclaims feedermen of the reverberatory
department and feeder carmen of the material handling and storage
department. On the basis of the record before us, we are, of the
opinion that the latter employees should also be included in the
Operating Engineers unit.
In addition to the supervisory employees previously mentioned,
the Smelter Workers and the AFL Unions are in agreement as to the
exclusion of technical employees, such as geologists, underground en-
gineers, pit and surface engineers, draftsmen, assayers, doctors, and
nurses. They also agree that the railroad employees, presently cov-
ered by collective bargaining contracts between the Company and
the Brotherhood of Locomotive Engineers 24 and the Switchmen's
Union of North'America'25 should be excluded from the voting units.
Upon the basis of the entire record and in accordance with the
foregoing findings of fact, we shall order elections among the em-
ployees of the Company at its McGill and Ruth operations, within
each of the groups listed below.' There shall be excluded from each
of such voting groups, in addition to others specifically mentioned
herein, all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees or effectively recommend such action. The respective
voting groups shall be as follows :
(1) All employees performing the work of bricklayers, bricklayer
apprentices, and refractory spraymen, including repairmen, handy-
men, and repair helpers, but excluding foremen and subforemen, to
determine whether they desire to be represented by the Bricklayers or
by the Smelter Workers for the purposes of collective bargaining, or
by neither ;
(2) All employees performing the work of painters and plasterers,
including repairmen, handymen, and helpers, but excluding foremen
and subforemen, to determine whether they desire to be represented
by the Painters or by the Smelter Workers for the purposes of col-
lective bargaining, or by neither;
(3) All employees performing the work of carpenters, head saw-
yers, sawyer helpers, including carpenter helpers, handymen, repair-
men, carpenter apprentices, cabinet makers, and patternmakers, but
excluding foremen and subforemen, to determine whether they de-
216 See Matter of Nevada Consolidated Copper Corporation, 28 N. L. R. B. 11.
25 See 'Ifatter of Nevada Consolidated Copper Corporation, 28 N. L. R. B. 54.
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1155
sire to be represented by the Carpenters or by the Smelter Workers
for the purposes of collective bargaining, or by neither;
(4) All employees performing the ,work of boilermakers, boiler-
maker helpers, head layer outers, layer outers, rivet heaters, riveters,
sheetmetal workers and helpers, tinners, steel car repairmen,26 welders
of the trade, including repairmen, handymen, repair helpers, and
powerhouse repair helpers, but excluding foremen, subforemen, car
walkers, and the repairman operating a punch and shear machine, to
determine whether they desire to be represented by the Boilermakers
or by the Smelter Workers for the purposes of collective bargaining,
or by neither;
(5) All employees performing the work of electricians, motor in-
spectors, overhead crane operators, trouble shooters, telephone opera-
tors, chief operators, linemen, helpers, and apprentices, including
repairmen, handymen, and repair helpers, but excluding foremen and
subforemen, to determine whether they desire to be represented by
the I. B. E. W. or by the Smelter Workers for the purposes of
collective bargaining, or by neither ;
(6) All employees performing the work of plumbers, pipe fitters,
and steam fitters, including repairmen, handymen, repair helpers, and
employees engaged in installing and repairing valves, but excluding
foremen and subforemen, to determine whether they desire to be
represented by the Plumbers or by the Smelter Workers for the pur-
poses of collective bargaining, or by neither;
(7) All employees performing the work of steelworkers, including
steelworker helpers, repairmen, handymen, and repair helpers, but
excluding foremen and subforemen, to determine whether they de-
sire to be represented by the Iron Workers or by the Smelter Workers
for the purposes of collective bargaining, or by neither;
(8) All, employees performing the work of truck drivers, ware-
housemen and helpers, and oil house attendants, excluding foremen,
subforemen, clerical employees, commissary clerks, and dairy truck
drivers, to determine whether they desire to be represented by the
Teamsters or by the Smelter Workers for the purposes of collective
bargaining, or by neither;
(9) All employees performing the work of chefs, cooks, second,
cooks, waitresses, waiters, dishwashers, janitors, janitresses, bakers,
and boarding house labor in the boarding houses, bunk houses, and
dormitories, including employees of the club house, but excluding
foremen and subforemen, to determine whether they desire to be rep-
resented-by the Culinary Workers or by the Smelter Workers for the
purposes of collective bargaining, or by neither;
Provided these are not the car repairmen represented by the I. A. M.
I
540012-44-vol. 51-74
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(10) All employees performing the work of auxiliary engineers,
boiler room engineers, and extra engineers in the power plant; ice
plant engineers ; oilers ; assistants ; helpers ; waste boiler tenders;
casting machine operators; reverberatory department operators; coal
mill operators; cottrell operators; precipitation operators; tractor
drivers and operators; dragline engineers; gas shovel operators; crane
engineers; crane firemen; dinky engineers; dinky switchmen; mill
and feeder operators; car dumpers; motormen; crusher operators;
flotation operators; filter operators; electric shovel operators; second
engineers; churn drill operators; prospect drill operators; drill help-
ers; steam crane engineers and firemen; track shifter operators;
mine motormen ; mine motormen helpers ; ore hoist engineers ; com-
pressor engineers; man hoist engineers; stationary boiler engineers
and firemen; precipitation plant engineers; and engineers and fire-
men; including feedermen of the reverberatory department; feeder
carmen of the material handling and storage department; repairmen;
handymen; and helpers, but excluding foremen and subforemen, to
determine whether they desire'to be represented by the Operating
Engineers or by the Swelter Workers for the purposes of collective
bargaining, or by neither; and
(11) All remaining production, construction, and maintenance em-
ployees, including hourly paid samplers, but excluding executives,
superintendents, general foremen, assistant general foremen, foremen,
subforemen, assistant drill foremen, general powder foremen, assistant
powder foremen, shift bosses, shaft bosses, stope and level bosses,
mucker bosses, technical and professional employees, dairy employees,
dairy field employees, clerical employees, commissary clerks, salaried
samplers, Harry Haaser, F. M. Cork, employees in the watchmen's
unit heretofore found to be a separate appropriate unit, employees for
whom the I. A. M. is the certified collective bargaining representative,
and employees covered by the contracts between the Brotherhood of
Locomotive Engineers and the Switchmen's Union of North America,
and the Company, to determine whether they desire to be represented
by the Hod Carriers or by the Smelter Workers for the purposes of
collective bargaining, or by neither.
As stated above, there will be no final determination of the appro-
priate unit or units pending'the results of the election, with the excep-
tion of the watchmen's unit heretofore found appropriate.
V. THE DETERMINATION OF REPRESENTATIVES
The statements with regard to the, authorization evidence sub-
mitted by the labor organizations' previously set' forth 27 indicate
21 See footnote 9, supra.
KENNECOTT COPPER CORPORATION, NEVAD'A MINES DIVISION 1157
that the Bricklayers, the I'. B. E. W., the Boilermakers, the Painters,
the Culinary Workers, the Carpenters, the Teamsters, the Plumbers,
and the Smelter Workers represent a substantial number of employees
within the units urged by them to be appropriate. Under usual cir-
cumstances, the authorization evidence submitted by the Iron Workers
and the Operating Engineers and the Hod Carriers would be insuf-
ficient to justify the Board, in conducting elections in the groups-
which the Iron Workers and Operating Engineers contend are ap-
propriate or in granting the Hod Carriers a place on the ballot.
However, since we are directing elections among several groups of
the Company's employees, and since the AFL Unions appear herein
as intervenors rather than petitioners, we are of the opinion that as
a matter of expediency our customary rule should be relaxed in
order to afford all employees of the Company not presently having
a statutory representative an opportunity to vote in the elections.
We shall accordingly order elections to be conducted in the craft
groups urged by the Iron Workers and the Operating Engineers
and shall grant the Hod Carriers a place on the ballot in the residual
voting unit 28
The requests made by the various labor organizations at the hear-
ing with regard to the manner in which they desired to be designated
on the ballot are hereby granted. Pursuant to the stipulation of the
parties and our customary, practice, we shall direct that the em-
ployees of the Company eligible to vote in the' elections shall be
those who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to
such limitations and additions as are set forth in the 'Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board, Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kennecott Cop-
per Corporation, Nevada Mines Division; McGill and Ruth, Nevada,
elections by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Twen-
tieth Region, acting in this matter as agent for the National Labor
21 We reserve, however, the right to refuse to certify any union as the statutory repre-
sentative of the employees in these groups, if the results of the elections in such groups are
non-representative.
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board, and subject to Article III, Section 10, of said Rules
and Regulations, among all employees of the Company's McGill and
Ruth operations in each of the groups described below who were em-
ployed 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 excluding
any who have since quit or been discharged for cause, and excluding
also all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees or effectively recommend such action :
(1) All employees performing the duties of full-time watchmen,
including auxiliary military police, special watchmen; and certain
repair helpers, but excluding deputized watchmen, foremen, subfore-
men, and supervisors, to determine whether or not they desire to be
represented by C. I. 0., International Union of Mine, Mill & Smelter
Workers, Locals 124 and 233, for the purposes of collective. bar-
gaining;
(2) All employees performing the work of bricklayers, bricklayer
apprentices, and refractory spraymen, including repairmen, handy-
men, and repair helpers, but excluding foremen and subforemen, to
determine whether they desire to be represented by Bricklayers,
Masons and'Plasterers International Union, Local No. 2, A. F. of L.,
or by C. I. 0., International Union of Mine, Mill & Smelter Workers,
Locals 124 and 233, for the purposes of collective bargaining, or by
neither ;
(3) All employees performing the work of painters and plasterers,
including repairmen, handymen, and helpers, but excluding foremen
and subforemen, to determine whether they desire to be represented
by Brotherhood of Painters, Decorators and Paperhangers of Amer-
ica, Local 486, A. F. of L., or by C;.-I. 0., International Union of
Mine, Mill & Smelter Workers, Locals 124 and 233, for the purposes
of collective bargaining, of by neither;
(4) All employees performing the work of carpenters, head saw-
yers, sawyer helpers, including carpenter helpers, handymen, repair-
men, carpenter apprentices, cabinet makers, and patternmakers, but
excluding foremen and subforemen, to determine whether they de-
sire to be represented by United Brotherhood of Carpenters and Join-
ers of America, Locals 966 and 1572, A. F. of L., or by C. I. 0.,
International Union of Mine, Mill & Smelter Workers, Locals 124
and 233, for the purposes of collective bargaining, or by neither ;
(5) All employees performing the work of boilermakers, boiler-
maker helpers, head layer outers, layer outers, rivet heaters, riveters,
KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1159
sheet metal workers and helpers, tinners, steel car repairmen, weld-
ers of the trade, including repairmen, handymen, repair helpers, and
powerhouse repair helpers, but excluding foremen, subforemen, car
walkers, and the repairman operating a punch and shear machine,
to determine whether they desire to be represented by International
Brotherhood of Boilermakers, Iron Ship Builders and Helpers of
America, Local No. 490, A. F. of L., or by C. I. 0., International
Union of Mine, Mill & Smelter Workers, Locals 124 and 233, for the
purposes of collective bargaining, or by neither;
(6) All employees performing the work of electricians, motor
inspectors, overhead crane operators, trouble shooters, telephone
operators, chief operators, linemen, helpers, and apprentices, includ-
ing repairmen, handymen, and repair helpers, but excluding fore-
men and subformen, to determine whether they desire to be repre-
sented by International Brotherhood of Electrical Workers, Local
No. 571, A. F. of L., or by C. I. 0., International Union of Mine,
Mill & Smelter Workers, Locals 124 and 233, for the purposes of
collective bargaining, or by neither;
(7) All employees performing the work of plumbers, pipe fitters,
and steam fitters, including repairmen, handymen, repair helpers,
and employees engaged in installing and repairing valves, but ex-
cluding foremen and subforemen, to determine whether they desire
to be represented by United Association of Journeymen Plumbers
and Steamfitters of the United States and Canada, Local No. 611,
A. F. of L., or by C. I. 0., International Union of Mine, Mill &
Smelter Workers, Locals 124 and 233, for the purposes of collective
bargaining, or byeneither;
(8) All employees performing the work of steelworkers, including
steelworkers helpers, repairmen, handymen and repair helpers, but
excluding foremen and subforemen, to determine whether they desire
to be represented by International Association of Bridge and Struc-
tural Iron Workers of America, A. F. of L., or by C. I. 0., Inter-
national Union of Mine, Mill & Smelter Workers, Locals 124 and
233, for the purposes of collective bargaining, or by neither;
(9) All employees performing the work of truck drivers, ware-
housemen and helpers, and oil house attendants, but excluding fore-
men, subforemen, clerical employees, commissary clerks, and dairy
truck drivers, to determine whether they desire to be represented
by International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers, A. F. of L., or by C. I. 0., International Union
of Mine, Mill & Smelter Workers, Locals 124 and 233, for the pur-
poses of collective bargaining, or by neither;
(10) All employees performing, the work of chefs, cooks, second
cooks, waitresses, waiters, dishwashers, janitors, janitresses, bakers,
1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and boarding house labor in the boarding houses, bunk houses, and
dormitories, including employees of the club house, but excluding
foremen and subformen, to determine whether they desire to be
represented by Culinary Workers Union, Local No. 141, A. F. of L.,
or by C. I. 0., International Union of Mine, Mill & Smelter Work-
ers, Locals 124 and 233, for the purposes of collective bargaining,
or by neither;
(11) All employees performing the work of auxiliary engineers,
boiler room engineers, and extra engineers in the power plant; ice
plant engineers; oilers; assistants; helpers; waste boiler tenders;
casting machine operators; reverberatory department operators; coal
mill operators; cottrell operators; precipitation operators; tractor
drivers and operators; dragline engineers; gas shovel operators; crane
engineers; crane firemen; dinky engineers; dinky switchmen; mill
and feeder operators; car dumpers; motormen; crusher operators;
flotation operators; filter operators; electric shovel operators; second
engineers; churn drill operators; prospect drill operators; drill help-
ers; steam crane engineers and firemen; track shifter operators; mine
motormen; mine motormen helpers; ore hoist engineers; compressor
engineers; man hoist engineers; stationary boiler engineers and fire-
men; pecipitation plant engineers; and engineers and firemen; includ-
ing feedermen of the reverberatory department; feeder carmen of the
material handling and storage department; repairmen; handymen;
and helpers; but excluding foremen and subforemen, to determine
whether they desire to be represented by International Union of Op-
erathng Engineers, Local No. 3, A. F. of L., or by C.I. 0., International
Union of Mine, Mill & Smelter Workers, Locals 124 and 233, for the
purpose of collective bargaining or by neither; and
(12) All remaining production, construction, and maintenance em-
ployees, including hourly paid samplers, but excluding executives,
superintendents, general foremen, assistant general foremen, foremen,
subforemen, assistant drill foremen, general powder foremen, assist-
ant powder foremen, shift bosses, shaft bosses, stope and level bosses,
mucker bosses, technical and professional employees, dairy employees,
dairy field employees, clerical employees, commissary clerks, salaried
samplers, Harry Hasser, F. M. Cork, employees in the watchmen's
unit heretofore found to be a separate appropriate unit, employees for
whom International Association of Machinists, Local No. 279, is the
certified collective bargaining representative, and employees covered
by the contracts between Brotherhood of Locomotive Engineers and
Switchmen's Union of North America, and the Company, to determine
whether they desire to be represented by International Union of Hod
Carriers, Building and Common Laborers Union of America, Con-
struction and General Laborers Local Union No. 1339, A. F. of L.,
, KE'NNECOTT COPPER CORPORATION, NEVADA MINES DIVISION 1161
or by C. I. 0., International Union of Mine, Mill & Smelter Workers,
Locals 124 and 233, for the purposes of collective bargaining, or by
neither. -
ORDER
Upbn the basis of the foregoing findings of fact and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petitions for investigation and certification of representatives
of employees of Kennecott Copper Corporation, Nevada Mines Di-
vision, McGill and Ruth, Nevada, filed by International Union of
Mine, Mill & Smelter Workers, Locals 124 and 233, C. I. O., be, and
they hereby are, dismissed insofar as they affect the employees for
whom the International Association of Machinists, Local No. 279, is
the certified collective bargaining representative.
CHAIRMAN MiLLis took no part in the consideration of the above
Decision, Direction of Elections, and Order.