91 N.L.R.B. 1143 (N.L.R.B. 1950)

Link-Belt Co.

National Labor Relations Board - Board DecisionsOct 20, 1950

91 N.L.R.B. 1143 (N.L.R.B. 1950)

In the Matter of LINK-BELT COMPANY, PHILADELPHIA OPERATIONS, EMPLOYER and PATTERN MAKERS' LEAGUE OP NORTH AMERICA, PHIL- ADELPHIA ASSOCIATION, AFL, PETITIONER 1 Case No. 4-RC-681.-Decided October 20, 1950 DECISION AND DIRECTION OF ELECTION Upon a, petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Julius Topol, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. Pattern Makers' League of North America, Philadelphia Asso- ciation, AFL, Petitioner herein, and United Steel Workers of Amer- ica, CIO, and its Local 3828, Intervenor herein, claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks to sever'from the existing production and maintenance unit, a unit including pattern makers A and B and apprentices. The Employer and Intervenor moved to dismiss the petition on the basis of the inappropriateness of the unit sought. The Employer contests severance of the pattern makers unit, but if such a unit is found appropriate, would add pattern makers C to the group sought by the Petitioner. The Intervenor contends that only the his- torical production and maintenance unit is appropriate, and that the Petitioner seeks to represent a segment of a craft. In accordance with our prior determination involving this plant of the Employer and identical categories now in controversy, we find that pattern makers A, B, and C may, if they so desire, constitute a separate unit.2 We shall include in the voting group pattern maker A, Daniel P. Morris, 1 The names of the Employer and the Petitioner appear as amended at the hearing. 2 Link-Belt company, Philadelphia operations, 76 NLRB 427. 91 NLRB No. 182. 1143 1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who is not a supervisor and whose skill as a journeyman pattern maker is essential to the performance of his duties.' 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 employees in the following vot- ing group : All pattern makers and pattern maker apprentices, in- cluding pattern makers A, B, and C, at the Employer's Philadelphia, Pennsylvania, Olney Foundry, but excluding all other employees, pattern mounters, pattern verifiers, pattern storage men, the pattern shop helper and repairman, filers and gaters, carpenter B, the flask carpenter, the pattern shop foreman, and all other supervisors as de- fined in the Act. If, in this election, the employees select the Peti- tioner, they will be taken to have indicated their desire to constitute a separate appropriate unit. 5. The remaining question concerns the eligibility of one pattern maker C who is currently serving with the armed forces. The Em- ployer and the Intervenor contend that this employee should be per- mitted by vote by absentee mail ballot. We have found, however, that mail balloting of employees on military leave is imprac- ticable 4 From Board administrative experience, we conclude that it will best effectuate the policies and purposes 'of the Act to declare eligible to vote only those employees in the military service who appear in person at the polls. We therefore find that the pattern maker C in question is eligible to vote, and may cast his ballot, if he appears at the polls in person. [Text of Direction of Election omitted from publication in this volume.] 3 This employee spends 75 to 80 percent of his time outside the pattern shop in the correction of pattern and casting difficulties, and the remainder of his time in the pattern shop, for the most part correcting patterns and occasionally making patterns. 4 See Wilson and Co., Inc., 37 NLRB 944; Cf. South West Pennsylvania Pipe Lines, 64 NLRB 1384 , where the Board followed a different procedure in a factual situation unlike that here presented.