Link-Belt Co.

National Labor Relations Board - Board Decisions

Feb 11, 1948

76 N.L.R.B. 124 (N.L.R.B. 1948)

In the Matter of LINK-BELT COMPANY, EMPLOYER and PATTERN
MAKERS.LEAGUE OF NORTH AMERICA, CHICAGO ASSOCIATION, A. F.
OF L., PETITIONER
Case No. 13-R-4317.-Decided February 11, 1948
Seyfarth, Shaw & Fairweather, by Mr. Charles D. Preston, of
Chicago, Ill., and Messrs. Joseph C. Spence and E. J. Berol, of Chi-
cago, Ill., for the Employer.
Mr. George Q. Lynch, of Washington, D. C., and Messrs. Joseph
Zyrkowski and G. Hallstrom, of Chicago, Ill., for the Petitioner.
Meyers, Meyers cC Rothstein, by Mr. Irving Meyers, of Chicago, Ill.,
and Mr. Grady Bishop, of Chicago, Ill., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on May 13, 1947, before Gustaf B. Erickson, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. At the hearing, the Employer
and the Intervenor moved to dismiss the petition on the ground that
the unit sought is inappropriate. For the reasons set forth in Section
IV, herein, the motion is hereby denied. The Employer's request for
oral argument is denied inasmuch as the record and briefs, in our
opinion, adequately present the issues and the positions of the parties.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Link-Belt Company, an Illinois corporation, is engaged in the manu-
facture of cranes, shovels, drag lines, mining conveyors, dumps,
washers, dryers, and other miscellaneous steel equipment at several
plants located throughout the United States. The only plant involved
in this proceeding is located at 39th Street, in Chicago, Illinois. Ap-
76 N. L. R. B., No. 16.
124
LINK-BELT COMPANY 125
proximately 90 percent of all raw materials used at the 39th Street
plant is shipped to the plant from points outside the State of Illinois.
About 80 percent of the finished products manufactured at the 39th
Street plant is shipped from the.plant to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent Employees of the
Employer.
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local 281, herein called the
Intervenor, is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent. employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit of wood and metal pattern makers and
their apprentices employed by the Employer at its 39th Street plant.
The Intervenor and the Employer contend that only a comprehensive
production and maintenance unit is appropriate because of the long
bargaining history on this basis.'
The pattern makers herein constitute a highly skilled, well recog-
nized craft group.' In addition, the record reveals that in the Chicago
area craft units of pattern makers are customary in machine manufac-
turing and other similar industries. Under these circumstances, we
believe that the pattern makers involved in this proceeding also may,
1 In 1943, following a Board election based upon a consent election agreement, the In-
tervenor was certified as the bargaining representative of all production and maintenance
workers of the Employer , including pattern makers . The Intervenor has bargained for
this inclusive unit since 1943.
2See Matter of General Electric Company (Lynn River Works and Everett Plant), 58
N. L It. B 57; Matter of John Deere Dubuque Tractor Company , 72 N. L. R. B. 656;
Matter of Combustion Engineering Company, Inc, 74 N. L R B. 556, Matter of Kelsey-
Hayes Wheel Company, 74 N. L . R. B. 603.
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
if they so desire, constitute a separate unit, notwithstanding the
Board's previous certification of the Intervenor for a more inclusive
unit .3
However, the Board will not make any unit determination until
it has first ascertained the desires of the employees involved. We shall
direct that an election be held among all wood and metal pattern
makers and their apprentices employed by the Employer at its 39th
Street plant, excluding supervisors as defined in the amended Act.
If, in this election, the employees select the Petitioner, they will be
taken to have indicated their desire to constitute a separate bargaining
unit. We shall not place the Intervenor's name on the ballot, inas-
much as the local has not complied with Section 9 (f) and (h) of
the Act, as amended.4
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Link-Belt Company, Chicago,
Illinois, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Director
for the Thirteenth Region, and subject to Sections 203.61 and 203.62
of National Labor Relations Board Rules and Regulations-Series 5,
among the employees in the voting group described in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, to determine whether or not
they desire to be represented by Pattern Makers' League of North
America, Chicago Association, A. F. of L., for the purposes of col-
lective bargaining.
MEMBER HOUSTON took no part in the consideration of the above
Decision and Direction of Election.
8 Section 9 (b) (2) of the amended, Act provides that the Board shall not "decide that
any craft unit is inappropriate . . . on the ground that a different unit has been established
by a prior Board determination, unless a majority of the employees in the proposed craft
unit vote against separate representation " See Matter of Westinghouse Electric Corpora-
tion, 75 N L. R. B 638, Matter of Westinghouse Electric Corporation, 75 N. L. R. B. 978.
4 See Matter of Sigmund Cohn & Co., 75 N. L R. B 177.