Link-Belt Co.

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.