Link-Belt Co.

National Labor Relations Board - Board Decisions

Oct 17, 1940

27 N.L.R.B. 927 (N.L.R.B. 1940)

In the Matter of LINK-BELT COMPANY and EWART EMPLOYEES' Asso-
CIATION, INC.
LINK-BELT COMPANY and STEEL WORKERS ORGANIZING COMMITTEE,'
LOCAL No. 1150, AFFILIATED WITH THE CIO
LINK-BELT COMPAi Y and STEEL WORKERS ORGANIZING COMMITTEE,
LOCAL No. 2028, AFFILIATED WITH THE CIO
Cases Nos. R-2065, R-2066 and R-2067.-Decided October 17, 1940
Jurisdiction : chain manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union and request that certification be obtained ;
election necessary.
'Unit Appropriate for Collective Bargaining : all production and maintenance
employees at all Indianapolis plants of the Company, including the Dodge and'
Ewart plants, but excluding salaried, clerical, and supervisory employees, and
watchmen.
Davis, Pantzer, Baltzell & Sparks , by Mr . Kurt F. Pantzer and
Mr. Gustav H. Dongus, of Indianapolis , Ind., for the Company.
, Mr. James Robb, Mr. Orvill J. Kincaid, Mr. O. C. Taylor, Mr.
Alfred - E. Speck , Mr. James Mason , and Mr. Harry E. Hofer, of
Indianapolis , Ind., for Local No. 1150 and Local No. 2028.
Mr. E. M . Fife, Jr., Mr. C. W. Baldwin, and Mr. Bert Lannan of
Indianapolis , Ind., for the Association.
Mr. Gilbert V. Rosenberg , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 19, 1940, Ewart Employees' Association, Inc., herein called
the Association, and on August 12, 1940, Steel Workers Organizing
Committee; Local No., 2028, affiliated with.the C. I. O., herein called
Local No. 2028, filed with the Regional Director for the Eleventh
Region (Indianapolis, Indiana) separate petitions alleging, respec-
tively, that a question affecting commerce had arisen concerning the
representation of employees of Link-Belt Company, Indianapolis, In-
27 N L. R. B., No. 152.
927
928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
diana, herein called the Company, at its Ewart plant, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On August 9, 1940, Steel Workers Organizing Com-
mittee, Local No. 1150, affiliated with the C. I. 0., herein called Local
-No. 1150, filed a similar petition concerning the employees of the
Company at its Dodge plant.
On August 24, 1940, the National Labor Relations Board, herein
called the Board, acting pursurant to Section 9 (c) of the Act and
Article III, Sections 3 and 10 (c) (2), of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation in each case and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice,
and further ordered that the cases be consolidated.
On September 13, 1940, the Regional Director issued a notice of
"consolidated hearing, copies of which were duly served upon all .the
parties. Pursuant to notice, a hearing was held at Indianapolis, In-
diana, on September 25, 1940, before Arthur R. Donovan, the Trial
Examiner duly designated by the Board. The Company, the Asso-
ciation. Local No. 2028, and Local No. 1150 were represented by counsel
or by representatives; all participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and -to.
introduce evidence bearing upon the issues was afforded all parties.-
The Trial Exaniner ruled upon one motion during the coures of the
hearing. The Board has reviewed this ruling of the Trial Examiner
and finds no prejudicial error was committed. The ruling is hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Link-Belt Company is an Illinois corporation, having its principal
office and place of business in Chicago, Illinois . In addition to oper-
ating engineering plants at Chicago, Illinois, Philadelphia, Pennsyl-
vania, San Francisco, California, Atlanta, Georgia, and Toronto,
Canada, the Company owns and operates two chain factories and malle-
able foundries in Indianapolis, Indiana. The two chain factories and
malleable foundries in Indianapolis are designated respectively as the
Dodge plant and the Ewart plant and are engaged in the production
and sale of chains for power transmission, elevating and conveying
purposes. Only the Dodge and Ewarts plants of the Company are,
involved in this proceeding.
LINK-BELT COMPANY. 929
During 1938 the estimated cost of raw materials used in manufactur-
ing operations at the Dodge and Ewart plants was,between $2,000,000
and $3,000,000. Between 80 and 90 per cent of the raw materials so
used.had their origin outside Indiana. Also during 1938 the- value
of manufactured goods sold by the Company from the Dodge and
Ewart plants was approximately $7;000,000, divided about evenly be-
tween the two plants. Approximately 90 per cent of such manufac-
tured goods were shipped to destinations outside Indiana.,
II. THE ORGANIZATIONS INVOLVED
Ewart Employees ' Association is an unaffiliated labor organization•
admitting to membership employees of the Company.
Local No. 1150 and Local No. 2028 are labor organizations affiliated
with Steel Workers Organizing Committee, and, through it, with the
Congress of Industrial Organizations. Both locals admit to member,
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated between the parties that the Company will not
recognize any union as the sole and exclusive agency for the purposes
of *wages, hours, and working conditions within any unit until the
National Labor Relations Board certifies the union as the proper bar-
gaining agency.
There was introduced in evidence a report prepared by the Regional
Director showing that the labor organizations herein involved repre-
sent a substantial number of the employees in the unit hereinafter
found to be appropriate.2
'A stipulation between counsel for the Board and for the Company stated :
That all parties agreed that the findings of fact in re "The business of the respond-
ent" as found by the Board in the Link-Belt Company, Dodge Plant, Case No. XI-R-
311, and Link-Belt Company, Ewait Plant, Case No. XI-R-302, correctly state the
facts regarding the corpoiation 's business at that time; that further no substantial
change has occurred since that time.
The case numbers mentioned in this stipulation are the regional numbers assigned to two
of the cases involved, in this proceeding in which no findings of fact have heretofore been
made However, it is apparent from the stipulation that the parties intended to stipulate
the facts concerning the Company' s business as set forth in a certain decision previously
issued by the Board involving this Company. Thus, pursuant to this stipulation, the above
facts are taken from the findings found in Section I "The business of the respondent,"
of the Decision and Order issued by the Board in the Matter of Link-Belt Company (Dodge
Plant) and Amalgamated Association , Iron, Steel & Tin Workers Local No. 1150 , affiliated
with the C 1. 0. (Case No C-1510) ; Matter of Link-Belt Company (Swart Plant) and
Amalgamated Association , Iron, Steel & Tin Workers Local No. 2028, affiliated with the
C. I 0 (Case No. C-1511), 26 N. L. R B. 227. At the hearing the Company admitted
that it was engaging in commerce within the meaning of Section 2 ( 6) and (7) of the Act.
2 The Regional Director's report showed that the Association produced 671 authorization
cards signed by persons whose names appear on the pay roll for the Ewart and Dodge plants
containing 2008 names , and that Local No. 1150 and Local No 2028 together filed member-
ship petitions signed by 951 person 's 'chose names appear on said pay roll.
323428- 42-vol. 27-60
930 DECISIONS OF NATIONAL LABOR -,RELATIONS BOARD
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and, the free flow of commerce.
V. THE APPROPRIATE UNIT'
The Company, the Association, Local No. 1150, and Local No. 202s
stipulated, and we find, that the liroduction and maintenance employees
at all the Indianapolis plants of the' Company, including the Dodge
and Ewart plants, but excluding salaried, clerical, and supervisory
employees and watchmen, constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to em-
ployees of the Company the full benefit of their right to self -organi-
aation and to collective bargaining and otherwise effectuate the policies,
of the Act:
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot.
The parties stipulated that the Company's pay roll for the week
ending September 21,'1940, should be used to determine eligibility to
vote in an election' and that the ballots should provide for a choice
of representation by the Association, by Steel Workers Organizing
Committee (C. I. 0.), hereinafter called the S. W. O. C., or by neither.
No reason appears why the stipulation should be denied effect.
We shall accordingly direct that an election by secret,ballot be held
'among the Company's employees in the appropriate unit whose names
appear on the Company's pay roll for the week ending September 21,
'1940 , with the inclusions and exclusions set forth in the Direction, to
determine whether they desire to be represented by the Association,
by the S. W. O. C., or by neither, for the purposes of collective
bargaining.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
LINK-BELT COMPANY 931
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Link-Belt Company, Indianapolis, Indiana,
at all.its Indianapolis plants, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees at all Indianapolis
plants of the Company, including the'Dodge and Ewart plants, but
excluding salaried, clerical, and supervisory employees, and watch-
men, constitute a unit appropriate for the purposes of collective bar-
gaining .within -the- meaning of Section 9 (b) of the National Labor
Relations Act.
DIRECTION OF ELECTION
By virtue of and'pursuant to the power vested in the National Labor
Relations Board'by Section 9 (c) of the National Labor Relations
Act; and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Link-Belt Company, Indianapolis, Indiana, 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 Eleventh Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, among
all the production and maintenance employees at all Indianapolis
plants of the Company, including the Dodge and Ewart plants, whose
names appear on the Company's pay roll for the week ending Septem-
ber 21, 1940, including employees who did not work during such pay-
roll period because they were ill or on vacation, and employees who
were then or have since been temporarily laid off, but excluding sal-
aried, clerical, and supervisory employees, watchmen, and' employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by Ewart Employees' Association; Inc.,
or by Steel Workers Organizing Committee (C. I. 0.), for the purposes
of collective bargaining, or by neither.