Utah Copper Co.

National Labor Relations Board - Board Decisions

Nov 10, 1938

9 N.L.R.B. 775 (N.L.R.B. 1938)

In the Matter of UTAH COPPER COMPANY, A CORPORATION , and IKEN-
NECOTT COPPER CORPORATION, A CORPORATION and INTERNATIONAL
UNION OF MINE, MILL , AND SMELTER WORKERS, LOCAL No. 392
Cases Nos. C-399 and R-273
THIRD SUPPLEMENTAL DECISION
AND
ORDER
November 10, 1938
On June 16, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Elec-
tion 1 in the above-entitled proceedings. On August 22, 1938, the
Board issued a Supplemental Decision and Amended Direction of
Election.2 On September 12, 1938, the Board issued a Second Sup-
plemental Decision and Second Direction of Election.' The Second
Direction of Election provided that an election be conducted among
all production workers employed by Utah Copper Company and
Kennecott Copper Corporation at their Arthur and Magna mills,
Salt Lake County, Utah, during the pay-roll period including Au-
gust 19, 1938, including those who had since been laid off, but ex-
cluding clerical employees and employees of the rank of foreman
and above, and excluding those who had since quit or been dis-
charged for cause, to determine whether or not they desired to be
represented by International Union of Mine, Mill, and Smelter
Workers, Local No. 392, herein called the Union, affiliated with the
Committee for Industrial Organization, for the purposes of collective
bargaining.
Thereafter, the Independent Association of Mill Workers, herein
called the Association, filed with the Board a petition, dated Sep-
tember 19, 1938, requesting that the Second Supplemental Decision
and Second Direction of Election be amended to provide that the
election be conducted to determine whether the employees in the
appropriate unit desired to be represented by the Union or the Asso-
ciation, and that a hearing be held upon the petition.4 The Board
17 N L It. B 928.
2 8 N L . R. B 968
88 N. L . It. B. 969
4 For additional reference to the Association and its participation in the proceedings,
see the Board 's Supplemental Decision and Second Direction of Election ( supra ) and its
Second Supplemental Decision and Second Direction of E18ction ( sapia).
9 N. L. R . B., No. 71.
775
776 NATIONAL LABOR RELATIONS BOARD
considered the petition of the Association and on September 22, 1937,
issued an order denying it.
Pursuant to the Second Direction of Election, an election by secret
ballot was conducted on September 26, 1938, at Magna, Utah, under
the direction and supervision of the Regional Director for the
Twenty-second Region (Denver, Colorado). Full opportunity was
accorded to all parties to this investigation to participate in the
conduct of the ballot and to make challenges. The Regional Director
granted a request by the Association to have watchers, challengers,
and observers in attendance during the election. On September 29,
1938, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended, issued and duly served upon the parties an Intermedi-
ate Report on the election. In his report, the Regional Director
certified that the ballot was fairly and impartially conducted and
that the ballots cast were duly and fairly counted under his super-
vision, and that there had been filed with him statements to such
effect from the tellers and observers. On October 4, 1938, the Union,
by telegram addressed to the Regional Director, filed exceptions to
the ballot on various grounds. On October 14, 1938, however, the
Union, by telegram addressed to the Regional Director, indicated
that it did not wish to press its exceptions. Under these circum-
stances, the Board finds it unnecessary to determine whether the ex-
ceptions of the Union raise any material or substantial issues with
respect to the ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees eligible to vote--------------- 992
Total number of ballots cast------------------------------ 977
Ballots cast for International Union of Mine, Mill and
Smelter Workers, Local No. 392------------------------- 282
Ballots cast against International Union of Mine, Mill and
Smelter Workers, Local No. 392------------------------ 666
Challenged ballots---------------------------------------- 27
Blank ballots -------------------------------------------- 0
Void ballots---------------------------------------------- 2
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees. The
petition and the amended petition for investigation and certification
of representatives of employees of Utah Copper Company and Ken-
necott Copper Corporation at their Arthur and Magna mills, Salt
Lake County, Utah, will, therefore, be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
DECISIONS AND ORDERS 777
tional Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY ORDERED that the petition and the amended petition
filed by the International Union of Mine, Mill, and Smelter Workers
for investigation and certification of representatives of employees of
Utah Copper Company and Kennecott Copper Corporation at their
Arthur and Magna mills, Salt Lake County, Utah, be, and they
hereby are, dismissed.