Kennecott Copper Corp., 582 (1960)

ORDER DENYING MOTION

On August 31, 1948, following an election pursuant to a stipulation for certification upon consent election, the Board certified the International Association of Machinists as the collective-bargaining representative of the Employer's employees in a unit including all churndrillers, helpers, shovel runners, oilers, hoistmen, crane operators (locomotive and clamshell), stationary compressormen, and bulldozers at Santa Rita, New Mexico, and all shovel runners at Hurley, New Mexico, excluding supervisors.

On February 28, 1962, the Union 3 filed a motion for clarification of the above unit, alleging that certain employees have been assigned to the work of operating hoists in a recently established skip haulage system, and requesting that the Board clarify the above unit to include these employees. Thereafter, on March 7, 1962, the Employer filed a response in opposition to the motion to clarify, contending that it does not presently have employees with the job titles of hoistmen, and that the production work of the recently established skip haulage system has been assigned to Local 890 of the International Union of Mine, Mill and Smelter Workers, the collective-bargaining representative of the residual unit of production and maintenance employees. On March 23, the Board issued an order referring the matter to the Regional Director of the Twenty-eighth Region directing that a hearing be held for the purpose of taking testimony with respect to the issues raised by the motion to clarify. Accordingly, a hearing was held before Hearing Officer Dennie Gooch, on April 10, 1962. At the hearing, International Union of Mine, Mill and Smelter Workers, and Local 890, International Union of Mine, Mill and Smelter Workers, intervened. Thereafter, the Employer filed a brief.

The rulings of the hearing officer made at the hearing are free from prejudicial error and are hereby affirmed.

i Since the certification issued the Employer's name has changed to Kennecott Copper Corporation, Chino Mines Division.

2 The motion was filed stating Case No. 33-RC-34; however our records show the unit for which clarification is sought is also covered by these cases numbers.

8 The instant motion was filed by International Association of Machinists, Local Lodge ## 1563. The certification involved runs to an International Association of Machinists, however, it appears that Local Lodge ## 1563 filed said petition in conjunction with and on behalf of...