Link-Belt Co.

National Labor Relations Board - Board DecisionsAug 7, 1940

26 N.L.R.B. 319 (N.L.R.B. 1940)

In the Matter of LINK-BELT COMPANY and STEEL WORKERS ORGANIZ- ING COMMITTEE LOCAL No. 1150 Case No. R-1,255.-Decided August 7, 1940 Practice and Procedure : petition for investigation and certification by repre- sentatives dismissed without prejudice in view of the length of time which has elapsed since filing. Mr. Walter B. Chelf and Mr. Colonel C. Sawyer, for the Board. Mr. Kurt F. Pantzer and Mr. Paul Y. Davis, of Indianapolis, Ind., for the Company. Mr. John J. Brownlee, of Chicago, Ill., for Dodge Local 1150. Mr. C. A. Roehford and Mr. 0. P. Kensinger, of Indianapolis, Ind., for the L. B. E. A. Mr. Ben Law, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On January 14, 1939, Steel Workers Organizing Committee, on behalf of Amalgamated Association, Iron, Steel & Tin Workers Local Union No. 1150, herein called Dodge Local 1150, filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen concerning the representation of employees at the Dodge plant of the Link-Belt Com- pany, Indianapolis, Indiana, herein called the Company, and request- ing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 30, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it, and to provide for an appropriate hearing upon due notice. On February 1, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and Dodge 26 ^ N. L. R. B., No. 33, 319 320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local 1150. Pursuant to the notice, a hearing was held on February 9, 10, 16, and 17, 1939, at Indianapolis, Indiana, before Martin Raphael, the Trial Examiner duly designated by the Board. Link Belt Em- ployees Association, Inc., herein called the L. B. E. A., an organization claiming to have an interest in the subject matter of the proceedings, made first a special, and then a general appearance at the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings upon motions and objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. A request for oral argument before the Board was filed by the Company on February 27, 1939, and a similar request was filed by the L. B. E. A. on February 28, 1939. On June 1, 1939, pursuant to notice served on the parties, oral argument was held before the Board in Washington, D. C. The Company, Dodge Local 1150, and the L. B. E. A. were represented by counsel and participated in the argument. On June 28, 1939, the Board issued its order consolidating, for purposes of decision, the instant case with two unfair labor practice cases arising at the Dodge plant and the Ewart plant of the Company in Indianapolis.' On July 7, 1939, the Company filed a motion to vacate the Order of Consolidation entered June 28, 1939, and on July 13, 1939, the Board issued its order denying the said motion. On July 18, 1939, the Company filed a motion to reconsider the denial of the motion to vacate the Order of Consolidation entered June 28, 1939, and on July 21, 1939, the Board issued its order denying the said motion. On September 7, 1939, the Board issued its com- plaint in the unfair labor practice cases alleging, among other things, that L. B. E. A. was company dominated. On September 20, 1939, the Board issued its Amended Order of Consolidation consolidating, for all purposes, the instant case with the complaint cases. On September 21, 1939, the Board issued its order severing the instant case from the complaint cases. On August 7, 1940, the Board issued its decision in the complaint cases, finding, inter alia, that the L. B. E. A. was company dominated.' In view of the length of time which has elapsed since the filing of the petition for an investigation and certification of representatives, we shall dismiss the petition without I Matter of Link-Belt Company (Dodge Plant) and Amalgamated Association, Iron, Steel & Tin Workers Local Union No 1150, affiliated with the C. 1 0 , Case No C-1510; Matter of Link-Belt Company (Ewart Plant) and Amalgamated Ayyycigligrt, Iron, Styg( J Tin Workers Local, Union No 2028, affi{latett with t{lp C 1 0 , Case No C-1511, 126 N. L R. 11 227 LINK-BELT COMPANY 321 prejudice to the right of Dodge Local 1150 to file a new petition at any time in the future.' ORDER By -virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition of Steel Workers Organizing Committee, on behalf- of Amalgamated Association, Iron, Steel & Tin Workers Local Union No. 1150, requesting investigation and certification of representatives of employees of the Link-Belt Com- pany at its Dodge plant, Indianapolis, Indiana, be, and it hereby is, dismissed without prejudice. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Decision and Order. 3 Matter of Burson-Kn3ttsng Company and American Federation of Hosiery Workers, Branch 64, 19 N. L. R. B. 806.