Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Nov 14, 1951

96 N.L.R.B. 1423 (N.L.R.B. 1951)

KENNECOTT COPPER CORPORATION 1423
I N7NNECOTT COPPER CORPORATION and INTERNATIONAL ASSOCIATION OF
MACHINISTS, AFL, LoCAL 1563, PETrrIONER. Cases Nos. 33-RC-260
and 33-RC-361. November 14, 1951
Decision and Order
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a hearing 1 was held before John F.
White, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Herzog and Members Murdock and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees
of the Employer.2
- 3. No' question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Petitioner in Case No. 33-RC-260 seeks to represent all sheet
metal workers, helpers, and apprentices employed by the Employer at
its Hurley operations and in Case No. 33-RC-261 to represent all
overhead cranemen employed at the Employer's mill at Hurley. At
the hearing the Petitioner stated that it does not seek to set up sepa-
rate units for the two groups of employees covered by the petitions,
but wishes to include the classifications sought in the unit it now repre-
sents. The Intervenor opposes the Petitioner's unit request and as-
serts that no reason exists for severing the employees sought from its
bargaining unit within which they are now included and permitting
them to be added to the bargaining unit which the Petitioner repre-
sents. The Employer takes no position as to the unit issue.
The Employer has divided its operations into several divisions. Its
Chino Mines Division, with which the instant petitions are concerned,
operates an open pit copper mine at Santa Rita, New Mexico, and a
mill, smelter, and refinery at Hurley, New Mexico. Earlier cases in-
volving the Chino Mines Division 3 reveal that in 1942, 10 units of
specialized employees and a residual unit of production and mainte-
nance employees were established by Board certification. At that
i The cases were consolidated by order of the Regional Director.
2International Union of Mine, Mill and Smelter Workers, Local 890, herein called the
Intervenor, was permitted to intervene on the basis of a contractual interest.
8 Kenneeott Copper Corporation, 40 NLRB 986 ; 42 NLRB 36.
96 NLRB No. 208.
1424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
time the Petitioner became the bargaining agent for a unit of certain
machinists, mechanics, and repairmen at Santa Rita and Hurley; and
the Intervenor became the representative of the residual unit, includ-
ing sheet metal workers. At the same time the International Union of
Operating Engineers, AFL, was certified to represent a unit of opera-
tors of power-driven equipment, including the overhead cranemen now
sought by the Petitioner. In 1946 4 the Intervenor succeeded the
Operating Engineers as representative of the operators' unit, and the
Intervenor's contract covering the residual unit was extended to in-
clude employees in the operators' unit. In 1948, as the result of a
stipulation for certification upon consent election,5 the Petitioner be-
came the bargaining agent for some but not all classifications of
employees in the original operators' unit.
The sheet metal workers here sought by the Petitioner are employed
in the sheet metal department or tin shop at Hurley. At present that
department employs one tinsmith, a helper, and a subforeman, who are
engaged mainly in repair work. Although there is no apprentice
program now in effect in the tin shop, the tinsmith served as an appren-
tice in the tin shop for 3 years before he acquired his present classifi-
cation. The sheet metal workers manufacture motor covers, belt
guards, gear covers, gutters, stovepipe, etc., and install and replace
these parts wherever they are needed -throughout the Employer's busi-
ness operations and the company houses. On occasion, workers from
outside the tin shop, may be assigned to help the sheetmetal workers.
The Employer, apparently, also employs tinners at its Santa Rita
operations. The Petitioner does not seek to represent these employees,
although in the 1942 certification proceedings mentioned above it
sought to represent the Santa Rita tinners but not the Hurley tinners.6
The overhead cranemen sought by the Petitioner are located in the
rigger department at the Hurley mill. There are three such cranemen
in the department, which also employs laborers, helpers, mechanics,
and machinists. The cranemen are engaged primarily in repair and
maintenance work, lifting heavy equipment for other maintenance
employees. The cranemen work about 85 percent of the time with
employees of their department, but also perform some work with
employees of other departments. At times when a craneman is not
available, a helper or machinist may be used as a crane operator.
4 See Kennecott Copper Corporation, 69 NLRB 1257.
5 Kennecott Copper Corporation , 79 NLRB 349.
6 The Board in that proceeding excluded all tinners from the machinist unit.
COCA-COLA BOTTLING COMPANY 1425
`There is no apprenticeship program for cranemen, and the work of
operating a crane may be learned in about 3 months. Other crane-
men in addition to the overhead cranemen in the rigger department
are employed by the Employer-e. g., overhead cranemen in the con-
verted department at the smelter-but the Petitioner does not ask to
represent them.
Under these circumstances we conclude that the Petitioner's unit
requests should not be granted. In Case No. 33-RC-261 the Peti-
tioner seeks to add only part of the Employer's cranemen to its unit.
Nor would we find that the cranemen are craft employees entitled to a
self-determination election if the Petitioner were seeking a separate
unit of cranemen.7
The sheet metal workers, covered by the petition in Case No.
33-RC-260, are skilled employees whom the Board in certain cases
has found may sever from a larger unit and bargain independently.,,
The Petitioner, however, does not seek to establish a separate unit of
tinners, and its petition embraces only a segment of the employees who
would appropriately come within a craft unit of sheet metal workers.
Accordingly, we shall dismiss both petitions .9
Order
IT is IrEREBY ORDERED that the petitions in Cases Nos. 33-RC-260
and 33-RC-261, filed by the International Association of Machinists,
AFL, Local 1563, be and they hereby are, dismissed.
7 See International Paper Company, 04 NLRB 500 ; Phillips Oil Company, 94 NLRB
1438.
e See Tin Processing Corporation, 96 NLRB 300.
In view of this determination we find it unnecessary to pass upon certain grounds for
dismissal urged by the Intervenor.
COCA-COLA BOTTLING COMPANY and BREWERY & SOFT DRINK WORKERS
LOCAL UNION No. 20, INTERNATIONAL UNION OF UNITED BREWERY,
FLOUR , CEREAL, SOFT DRINK AND DISTILLERY WORKERS OF AMERICA,
CIO , PETITIONER . Case No. 9-RC-1235. November. 14, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Leonard S. Kimmel,
96 NLRB No. 209.