Link-Belt Co.

National Labor Relations Board - Board Decisions

Apr 8, 1946

67 N.L.R.B. 113 (N.L.R.B. 1946)

In the Matter of LINK-BELT COMPANY and UNITED STEELWORKERS OF
AMERICA, CIO
Case No. 41-R-1941.-Decided April 8, 1946
Messrs. William F. Howe and John E. Ritzert, of Washington,
D. C., and Mr. Richard B. Holmes, of Philadelphia , Pa., for the
Company.
Messrs. Alfred Werner, James H. Jones, and Cassimir Miller, of
Philadelphia , Pa., for the Union.
Mr. Phil E. Thompson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America, CIO,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Link-Belt
Company, Philadelphia, Pennsylvania, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before John H. Garver, Trial Examiner. The
hearing was held at Philadelphia, Pennsylvania, on January 23, 1946.
The Company and the Union appeared and participated." All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board. On March 15, 1946, the Interna-
tional Molders & Foundry Workers Union, A. F. L., filed a motion to
The Independent Union of the Link-Belt Philadelphia plants appeared and participated
at the hearing , basing its interest in the proceeding on its collective bargaining contract
with the Company. This union was dissolved at its regular meeting on February 19,
1946, and filed formal notice of dissolution with the Board on February 20, 1946.
67 N. L. R. B., No 14.
692148-46-vol 67-9 113
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
intervene on behalf of the Company's foundry employees. The motion
is hereby denied 2
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Link-Belt Company, an Illinois corporation, owns and operates two
plants in Philadelphia, Pennsylvania, where it is engaged in the manu-
facture of material handling machinery and power transmission ma-
chinery. Raw materials valued in excess of $1,000,000 were utilized
during the past year in the Philadelphia plants, 30 percent of which
was shipped in from points outside the State of Pennsylvania. The
Company sold finished products during the same period valued in
excess of $2,000,000, 60 percent of which was shipped outside the
State of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a. substantial number of
employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2 On February 26, 1946, the Molders filed a petition with the Board seeking certification
as the bargaining representative for the Company 's foundry employees ( Case 4-R-2005).
On March 15 , 1946 , the Regional Director dismissed the petition , from which ruling the
Molders appealed to the Board on March 25, 1946. On April 4 , 1946 , the Board affirmed
the Regional Director ' s order of dismissal . See Matter of United Boat Service Corpora-
tion, 55 N . L. R B. 671.
3 The Field Examiner reported that the Union submitted 425 authorization cards.
There are approximately 1,100 employees in the appropriate unit.
LINK-BELT COMPANY
IV. THE APPROPRIATE UNIT
115
We find, in accord with the agreement of the parties,4 that all pro-
duction and maintenance employees of the Company at its Phila-
delphia, Pennsylvania, plants, including factory clerical employees,-'
but excluding all guards, watchmen, and all administrative, executive,
professional, confidential, time-study, outside erection, office clerical,
technical and engineering employees, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company requests, without objection from the Union, that
employees in the armed forces who fall within the appropriate unit
be allowed to participate in the election. We are of the opinion that
the facts in this case do not differ substantialy from those in Matter
of South Vest Penneylrvania Pipe Lines 6 Accordingly, we shall
provide for the mail balloting of employees in the armed forces who
fall within the appropriate unit, subject to the conditions hereinafter
mentioned.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll pe-
riod immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion. The Regional Director shall mail ballots to employees within
the appropriate unit on military leave, provided one or more of the
parties hereto, within 7 days after receipt of the Direction of Elec-
tion, files with the Regional Director a list containing the names,
most recent addresses, and work classifications of employees. The
Regional Director shall open and count the ballots cast by mail by
employees on military leave, provided that such ballots must be re-
At the hearing the Company contended that the Board should determine an appro-
priate unit commensurate with the bargaining unit established by its contract and bar-
gaining history with the Independent Union However , on March 6 , 1946, after dissolution
of the Independent, the Company filed a supplemental brief with the Board in which it
agreed to the unit herein found appropriate.
5 The parties agree that this category will include factory clerical "employees who
perform their duties principally on the floor of the shops and whose employment station
is on the floor of the shops "
11 64 N. L. R B 1384.
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
turned to and received by the Regional Office within 30 days from
the date they were mailed to such employees by the Regional Director.?
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part. of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Link-Belt Com-
pany, Philadelphia, Pennsylvania, an election by secret ballot shall be
conducted as early as possible, but not later than forty-five (45) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Fourth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States, 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, to determine whether or not they
desire to be represented by United Steelworkers of America, CIO, for
the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
' A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary in order to avoid
challenges and post election objections . Accordingly , the Board will make available to all
interested parties any information of this nature furnished it by any other party. In
the event that the parties should send the voters information or literature bearing
directly or indirectly on the pending election , copies of all such documents should be
simultaneously filed with the Regional Office for inspection by or transmittal to the other
parties. However, acceptance or transmittal of such literature by the Board 's office is
not to be construed as conferring immunity on the filing party in the event that objections
are later interposed concerning its content . The usual principles will apply.