Utah Copper Company And Kennecott Copper Corporation And International Union Of Mine, Mitl And Smelter Workers, For Itself, And On Behalf Of Its Local Union No. 392, C. I. O., 641 (1944)

In the Matter of UTAH COPPER COMPANY AND KENNECOTT COPPER CORPORATION and INTERNATIONAL UNION OF MINE, MITL AND SMELTER WORKERS, FOR ITSELF, AND ON BEHALF OF ITS LOCAL UNION NO. 392,

3. I. O.

Case No. 20-R-829 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 2, 1944 On February 7, 1944, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled proceeding. Pursuant to the Direction of Elections, elections by secret ballot were conducted on March 6 and 7, 1944, under the direction and supervision of the Regional Director for the Twentieth Region (San Francisco, California). On April 24, 1944, the Board issued a Supplemental Decision, Certification of Representatives, Direction, and Order 2 which, inter alia, directed the Regional Director to open and count certain challenged ballots in the fourth voting group. On May 2, 1944, the Regional Director caused to be furnished to the parties a revised tally of ballots in the fourth voting group, in accordance with Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 3.

The revised tally of the ballots revealed the following results:

Approximate number of eligible voters ----------------------- 2591 Challenged ballots counted--------------------------------- 53 Total votes counted--------------------------------------- 232 Votes cast for Lodge No. 1261, International Association of Machinists, A. F. L _--------------------------------------___ 27 Votes cast for International Union of Mine, Mill and Smelter Workers, Local Union No. 392, C. I. 0--------------------- 112 Votes cast against participating unions -----------------------93 Void ballots -----------------------------------------------0 On May 19, 1944, the International Association of Machinists, A. F.

L., herein called the I. A. M., filed with the Board a statement setting S

forth its contentions with respect to the question of whether certain employees of the Company's Magna machine and blacksmith shops are subject to the Board jurisdiction.

On June 1, 1944, pursuant to the provisions of Article III, Section 11, of the Board's Rules and Regulations, a run-off election was conducted in the fourth voting group. Upon the conclusion of the election, the Regional Director caused to be furnished to the parties tallies of ballots, in accordance with Article III, Section 10, of the Board's Rules and Regulations.

As to the balloting, the tally reveals the following results:

Approximate number of eligible voters-------------- - - 231 Valid votes counted------------------------------ - 192 Votes cast for International Union of Mine, Mill and Smelter Workers, Local Union No. 392, C. I. 0--_ --.. ------------ 134 Votes cast against participating union --------- ---------- 58 Challenged ballots--------------------_- - -------- 5 Void ballots_.-------------_- ------------ 0 On June 14,1944, the Regional Director issued his Run-Off Election...