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When petitioner was employed as a hot plant operator4 in
November and December 1980 in Barstow, California, she became a
member of the International Union of Operating Engineers, Local 12
(Local 12). Local 12 has jurisdiction over all of California south
of Bakersfield, Nevada, and over part of Arizona. The hiring of hot
plant operators is done entirely through union halls. During
periods of unemployment, petitioner registered for work with Local
12 and occasionally with Local 3, which has jurisdiction over
California north of Bakersfield and over Oregon and Washington. The
nearest union hall to petitioner is located in Atwater, California,
approximately 36 miles from Catheys Valley.
As a hot plant operator and foreman, petitioner is required
to use, and therefore owns, various tools including wrenches,
hammers, prying bars, voltage meters, tool chests, and incidental
tools. Petitioner takes these tools with her to each job location
4 A hot plant is a transportable apparatus containing
four components (feeder, weigh belt, driver drum, and silo) and a
control room. The hot plant produces hot asphalt from dried and
graded crushed rock and heated graded oil or sand for road
paving. The hot plant is normally located near the pit producing
the rock. The asphalt is transported by truck from the hot plant
to the portion of the road upon which it is laid. Hot plant
operations are seasonal in the high areas of California, Nevada,
and Arizona, because the outside temperature must be 60 degrees
Fahrenheit and rising to lay asphalt on public roads. The hot
plant operator controls the delivery of materials to the plant,
the processing of materials in the plant, the mixture of the
asphalt, the delivery of the asphalt to trucks at the plant, and
the dispatch of trucks to the job (in the absence of a
dispatcher), and performs and supervises the repair and
maintenance of the plant.
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Last modified: May 25, 2011