Link-Belt Co.

National Labor Relations Board - Board Decisions

Feb 26, 1948

76 N.L.R.B. 427 (N.L.R.B. 1948)

In the Matter of LINK.-BELT COMPANY, PHILADELPHIA OPERATIONS,
EMPLOYER and INTERNATIONAL. MOLDERS AND FOUNDRY WORKERS
UNION OF NORTH AMERICA, LOCAL NO. 1, A. F. OF L., PETITIONER
In the Matter of LINK-BELT COMPANY, PHILADELPHIA OPERATIONS,
EMPLOYER and PATTERN MAKERS LEAGUE OF NORTH AMERICA, PHII.A-
DELPIIIA ASSOCIATION, A. F. OF L., PETITIONER
Cases Nos. 4-R-2681 and 4-R-26&3, respectively .Decided February
26, 1948
Sey f arth, Shaw and Fairweather, by Mr. Chwrles W. Preston, of
Chicago, Ill., and Mr. R. B. Holmes, of Philadelphia, Pa., for the
Employer.
Messrs. Louis H. Wilderman and William R. Hayes, of Philadel-
phia, Pa., for the Molders.
Mr. Geo. Q. Lynch, of Washington, D. C., for the Pattern Makers.
Mr. Frank Donner, of Washington, D. C., and Mr. William Godshall,
of Philadelphia, Pa., for the Steelworkers.
DECISION
DIRECTION OF ELECTION
AND
ORDER
Upon separate petitions duly filed, hearing in these proceedings
was held at Philadelphia, Pennsylvania, on July 15, 1947, before Sid-
ney Grossman, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Link-Belt Company, an Illinois corporation, owns and operates the
Nicetown Plant and the Olney Foundry in Philadelphia, Pennsyl-
vania, where it is engaged in the manufacture of material handling
76 N. L. R. B., No. 59.
427
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
machinery and power transmission machinery. During the past year,
the Employer utilized in its Philadelphia plants raw materials valued
in excess of $1,000,000, approximately 30 percent of which was shipped
from points outside the Commonwealth of Pennsylvania. During the
same period, the Employer sold finished products valued in excess of
$2,000,000, approximately 60 percent of which was shipped to points
outside the Commonwealth of Pennsylvania.
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 International Molders and Foundry Workers Union of North
America, Local No. 1, herein called the Molders, is a labor organiza-
tion affiliated with the American Federation of Labor, claiming to
represent employees of the Employer.
Pattern Makers League of North America, Philadelphia Association,
herein called the Pattern Makers, is a labor organization affiliated
with the American Federation of Labor, claiming to represent em-
ployees of the Employer.
United Steelworkers of America , herein called the Steelworkers, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Molders or Pattern Makers
as the exclusive bargaining representative of any of the employees
of the Employer until either 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 Molders seeks a unit of all foundry employees , including fac-
tory clericals, truck operators and drivers, and pattern shop em-
ployees, but excluding journeymen pattern makers and their
apprentices, guards, watchmen, office clericals, time-study employees,
timekeepers, production planning clerks, production expediters, and
supervisors. The Pattern Makers seeks a unit of all journeymen
pattern makers and their apprentices at the foundry . The Steelwork-
ers and the Employer , claiming the units sought by the Molders and
Pattern Makers are inappropriate , contend that the appropriate unit
LINK-BELT COMPANY 429
is one which embraces all production and maintenance employees at
the main plant as well as all foundry employees, including pattern
makers. However, should a -unit confined to the foundry be deemed by
the Board to be appropriate, the Steelworkers and the Employer urge
that the pattern makers and their apprentices be included in the
foundry unit requested by the Molders rather than severed therefrom
in a craft unit as sought by the Pattern Makers. Otherwise, there
is no disagreement among the parties as to the composition of the
unit sought by the Molders.
The unit proposed by the Molders
The Employer conducts its operations within the city of Philadel-
phia at two locations, one of which is known as the Nicetown Plant,
herein called the main plant, and the other 21/2 miles distant, known
as the Olney Foundry, herein called the Foundry. The Foundry
produces grey iron castings, which are for the most part used at the
main plant in the manufacture of a large variety of finished iron pro-
ducts. The record discloses that, although the Employer's policy and
the administration thereof are geared so as to integrate the operations
of the two plants, there is nevertheless an appreciable measure of plant
independence at both locations. Consequently,.under well-established
Board principles, it appears that, absent a history of successful col-
lective bargaining, the Foundry could function either as a separate
unit or as part of a more inclusive unit encompassing all the Em-
ployer's employees.,
The Employer and the Steelworkers, however, contend that past
bargaining history on a multi-plant basis, resulting in part from a
prior Board unit finding, clearly demonstrates the feasibility of a
broad bargaining unit and precludes a present severance of the
Foundry therefrom. The record discloses that in 1942 the Employer
and the now defunct Independent union entered into a comprehen-
sive collective bargaining contract encompassing all production, main-
tenance, office, and engineering employees at both of the Employer's
Philadelphia operations. This contract was apparently renewed an-
nually until the Independent was dissolved in early 1946. Shortly
thereafter, as a result of an election held pursuant to a Decision and
Direction of Election of this Board,2 the Steelworkers was certified as
' Matter of Lever Brothers Company, 74 N L R B 628 Recently the Board has, in the
absence of conflicting unit claims by rival labor organizations and in the absence of prior
collective bargaining history, found units of foundry employees appropriate See Matter
of Johnson City Foundry & Machine Works, Inc, 75 N L R B 475 ; and Matter of Mascot
Stove Company, 75 N L R B 427
2 Matter of Link-Belt Company , 67 N. L It. B 113
430 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
exclusive collective bargaining agent for all production and main-
tenance employees formerly represented by the Independent. There-
upon, in July 1946, the Steelworkers and the Employer executed a
1-year contract embracing the production and maintenance employees
at the main plant as well as those Foundry employees whom the Mold-
ers now seeks to represent separately. The record indicates that the
1946 contract was successfully administered. It appears, therefore,
that 5 years of employee representation on a multi-plant basis have
promoted industrial stability within the Employer's operations. Or-
dinarily this history of bargaining would preclude severance of the
Foundry from the broader unit.3
There is, however, implicit in the Molders' position the contention
that the unit which it is seeking to represent is a craft unit and, as
such, severance should be allowed notwithstanding the Board's prior
unit determination and the more inclusive bargaining history based
in part thereon 4 However, an examination of the functions and skills
of the employees at the Foundry whom the Molders would include
within its requested unit reveals this contention to be without merit.
There are approximately 325 employees in the Foundry unit herein
sought. About 80 of this number are listed as coremakers or molders,
employee classifications which have been traditionally recognized as
highly skilled foundry crafts. However, the residual group of
foundry employees includes not only laborers and semi-skilled em-
ployees of types normally found at the Foundry, but also employees
of undetermined skills in other occupational classifications such, for
example, as are found among the production and maintenance em-
ployees at the Employer's main plant.-' Consideration of the wide
gamut of skills and specialties possessed by the foundry employees
as a group indicates that the unit sought by the Molders is not a craft
unit such as the Board ordinarily deems eligible for separate repre-
sentation notwithstanding its previous inclusion in a broader bargain-
ing unit.-' We perceive no justification for severing the Foundry from
the multi-plant unit and consequently find that the unit sought by the
Molders is inappropriate. We shall, therefore, dismiss its petition.7
8 See Matter of Standard Brands, Incorporated, 75 N L R B 394, and cases cited therein.
4 See, for example, Matter of Westinghouse Elctric Corporation , 75 N. L It B . 638 See
• also , disposition of the Pattern Makers ' unit request, below
5 The following are but a few of the varied job classifications found at the Foundry :
electrician , welder , carpenter , truck driver , inspector , oiler and greaser , and mechanic
6 See Matter of Scovill Manufacturing Company, 75 N L R B 1266
4 We note that the Molders has represented closely knit craft groups. See, for example,
Matter of Detroit Michigan Stove Company, 55 N. L R. B. 1514 . The Molders has also
petitioned for foundry units composed primarily of skilled craft employees . See, for exam-
ple, Matter of Food Machinery Corporation, 72 N L R B. 483.
LINK-BELT COMPANY 431
The unit proposed by the Pattern Makers
As hereinbefore indicated, the Pattern Makers seeks a unit of all
journeymen pattern makers and their apprentices at the Foundry.
These employees work in close proximity to other foundry employees
and their skilled labors are a basic element in the production of cast-
ings. Since 1942 the pattern makers, like the foundry employees,
have been included in the comprehensive bargaining unit along with
the Employer's production and maintenance employees.
On the other hand, the record discloses that pattern makers and
their apprentices constitute a highly skilled, well-recognized craft
group 8 employed in an industry in which craft units of pattern mak-
ers are frequently encountered .9 Under these circumstances, we be-
lieve that the pattern makers involved in this proceeding may, if they
so desire, constitute a separate unit, notwithstanding the Board's pre-
vious more inclusive unit determination 10 and the history of bar-
gaining on the basis of a single comprehensive industrial unit's
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 the employees in the following
voting group : all journeymen pattern makers and their apprentices
employed by the Employer at its Philadelphia, Pennsylvania, Olney
Foundry, excluding supervisors as defined in the Act. If, in this elec-
tion, the employees select the Pattern Makers, they will be taken to
have indicated their desire to constitute a separate bargaining unit.
We shall not place the Steelworkers on the ballot, inasmuch as it has
not complied with Section 9 (f) and (h) of the Act, as amended. 2
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Link-Belt Company, Philadelphia
Operations, Philadelphia, Pennsylvania, 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 super-
See Matter of Westinghouse Electric Corporation , supra , and cases cited therein.
Evidence was introduced at the hearing setting forth the existence of numerous pattern
maker units in similar and related industries in the Philadelphia area. See, also Matter
of Link-Belt Company , 76 N L R B 124
111 Section 9 (b) (2) of the Act, as amended , 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 unit vote against separate representation " See Matter of Westinghouse Electric
Corporation , supra.
37 See Matter of American Fork cf Hoe Company , 72 N L R B 1025
12 See Matter of Rite -Form Corset Company , Inc , 75 N. L R B 174,
432 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
vision of the Regional Director for the Fourth 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 reinstated prior to the date of the election, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether or not they desire to be represented by
Pattern Makers League of North America, Philadelphia Association,
for the purposes of collective bargaining.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of certain of the employees of the Link-Belt
Company, Philadelphia Operations, Philadelphia, Pennsylvania, filed
in Case No. 4-R-2681, by International Molders and Foundry Workers
Union of North America, Local No. 1, A. F. of L., be, and it hereby
is, dismissed.
MEMBER GRAY took no part in the consideration of the above De-
cision, Direction of Election, and Order.