O. P. Link Handle Co.

National Labor Relations Board - Board Decisions

Mar 6, 1945

60 N.L.R.B. 1085 (N.L.R.B. 1945)

In the Matter Of OLIVER P. LINK, LILLIAN LINK, M. L. SHELLEY, AND
NORMAN LINK D/B/A O. P . LINK HANDLE COMPANY and UNITED
BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, A. F. OF L.
Case No. 11-R-71.--Decided March 6, 1945
Mr. Clifford L. Hardy, for the Board.
Mr. Fae W. Patrick , of Indianapolis , Ind., for the Company.
Messrs. Howard Bennett and Oliver Tackett, of Indianapolis, Ind.,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Brotherhood of Carpenters &
Joiners of America, A. F. of L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representation
of employees of Oliver P. Link, Lillian Link, M. L. Shelley, and Nor-
man Link d/b/a O. P. Link Handle Company, Salem, Indi'a'na, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before William O. Murdock,
Trial Examiner. Said hearing was held at Salem, Indiana, on Feb-
ruary 5, 1945. The Board, the Company, and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were-
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
O. P. Link Handle Company is a partnership operating a plant at
Salem, Indiana, where it is engaged in the manufacture of tool handles-
The Company annually purchases materials from points outside the
State of Indiana valued in excess of $100,000. It sells products t®
60 N. L R. B, No. 179.
1085
1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
points outside the State of Indiana valued in excess of $300,000
annually. ,
We find that the Company is-engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Brotherhood of Carpenters & Joiners of America is a labor
organization affiliated with 'the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 28, 1944, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
employees at the Salem plant of the Company. The Company refused
this request until such time as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the, Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce had 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.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
at the Salem, Indiana, plant of the Company, including group leaders,
but excluding the timber crew, clerical employees, the superintendent,
yard supervisor, operating foreman, and timber foreman, constitute
a unit appropriate for the purposes of collective bargaining. The only
controversy with respect to the unit concerns the timber crew. The
Company would include them in the unit.
The Company employs a crew of approximately 10 men known as
the timber crew. They spend most of their time in various wood tracts
located as far as 25 miles from the plant, where they are engaged in
cutting and preparing timber for shipment to the plant. The person-
nel of the crew changes frequently and the number of men fluctuates
from tract to tract depending on the circumstances and the location
of the timber. Some of the timber crew work in the plant during
inclement weather or during periods when the timber machinery
breaks down. The Union has not attempted to organize the employ-
ees composing the timber crew. Under all the circumstances, we shall
exclude the timber crew from the unit.'- -
i The Field Examiner reported that the Union presented 33 application cards There are
approximately 77 employees in the appropriate unit.
2 See Matter of Ozan Lumber Company , 54 N L R B 1025 , and cases therein cited.
O. P. LINK HANDLE COMPANY 1087
We find that all production and maintenance employees at the
Salem, Indiana, plant of the Company, including group leaders, but
excluding the timber crew, clerical employees, the superintendent,
yard supervisor, operating foreman, timber foreman, and any other
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
,We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of itnd 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 9, of National Labor Rela-
tions 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 Oliver P. Link,
Lillian Link, M. L. Shelley, and Norman Link. d/b/a O. P. Link
Handle Company, Salem, Indiana, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Eleventh Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article 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
(late 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, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any
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 Brotherhood
of Carpenters k, Joiners of America, A. F. of L., for the purposes of
collective bargaining.