Draper Corp.

National Labor Relations Board - Board Decisions

Jun 21, 1941

32 N.L.R.B. 982 (N.L.R.B. 1941)

In the Matter of DRAPER CORPORATION and LOCAL UNION #352, OF
THE INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF
NORTH AMERICA
Case No. R-e02,558.-Deeided June t i, 1941
Jurisdiction : textile machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union until it, is certified by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding clerical and office workers, supervisors, chemists, and
watchmen ; agreement as to.
Mr. L. W. Perrin, of Spartanburg, S. C., and Mr. O. A. Sehlaikjer,
of Boston, Mass., for the Company.
Mr. Ed. Long, of Cincinnati, Ohio, and Mr. W. B. Martin, of
Cowpens, S. C., for the Union.
Mr. Ckcirles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 11, 1941, Local Union #352, of the International Mold-
ers & Foundry Workers Union of North America, herein called the
Union, filed a petition with the Regional Director for the Tenth
Region (Atlanta, Georgia) alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Draper Corporation, East Spartanburg, South Carolina, herein called
the Company, and requesting 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 April 30,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Sec-
tion 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
32 N. L. R. B., No. 156.
982
DRAPER CORPORATION 983
On May 6 and 8, 1941, respectively, the Regional Director issued
a notice and amended notice of hearing, copies of which were duly
served upon the Company and the Union. Pursuant to notice, a
hearing was held on May 15, 1941, at Spartanburg, South Carolina,
before Earle K. Shawe, the 't'rial Examiner duly designated by the
Chief Trial Examiner. The Company and the Union were repre-
sented by counsel and participated in the hearing. Full oppor-
tunity 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 several
rulings on motions and on 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.
Upon the entire record in the case the Board makes the following :
FINDINGS OP FACT
1. THE BUSINESS OF THE COMPANY
Draper Corporation is a Maine corporation with its principal
office in Portland, Maine. It is engaged in the production of textile
machinery and attachments and parts used in connection therewith.
The Company operates a plant situated at East Spartanburg, South
Carolina, where it is engaged in the production of repair-part
castings for textile machinery.
During the year 1940 the East Spartanburg plant received approx-
imately 1,061 tons of pig iron and 900 tons of coke from points
outside the State of South Carolina; and approximately 1,347 tons
of scrap iron, 50 per cent of which emanated from points outside
the State of South Carolina.
During the same period the Company produced finished products
from the melting of approximately 4,000 tons of pig and scrap iron.
Seventy per cent of these products were shipped to points outside
the State of South Carolina.
The Company has approximately 274 employees.
II. THE ORGANIZATION INVOLVED
Local #352 of the International Molders & Foundry Workers
Union of North America, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 10, 1941, the Union requested the Company to
recognize it as the statutory representative of its employees and
requested collective bargaining conferences. The Company declined
recognition until the Union had been certified by the Board.
A statement of the Trial Examiner shows that the Union rep-
resents a substantial number of employees of the Company.,
We find that a question has arisen concerning the 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 and the Union agreed, and we find, that all pro-
duction and maintenance employees of the Company , excluding
clerical andi office workers , supervisors , chemists, and watchmen
constitute a unit appropriate for the purposes of collective bargain-
ing. We further find that said unit will insure to employees of
the Company the full benefit of their right to, self-organization 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 rep-
resentation of employees of the Company can best be resolved by
an election by secret ballot. The Company and the Union have
agreed that the Company's pay roll for the week ending May 3,
1941, should be used to determine eligibility to vote in the election.
We shall give effect to the desires of the parties and direct that
those employees in the appropriate unit employed by the Company
during the pay-roll period ending May 3, 1941, shall be entitled to
vote in the election, subject to such limitations and additions as are
set forth in the Direction of Election hereinafter.
1 The Trial Examiner stated that 172 membership cards in the American Federation of
Labor were submitted to him by the Union, all bearing apparently genuine original signa-
tures , of which 160 were the names of persons on the Company pay roll for the week ending
May 3, 1941 . Eleven cards were dated in March or April 1941 and 161 were undated.
The union organizer testified that the undated cards were all signed on or subsequent to
March 6, 1941.
DRAPER CORPORATION, 985
The Union has requested that it be designated on the ballot as
follows : "Local Union #352 , of the International Molders and
Foundry Workers Union of North America, affiliated with the Amer-
ican Federation ' of Labor." The f request ,is hereby granted.
Upon the above , findings of fact and 'upon the, entire record in
the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commeice ' has' arisen concerning " the rep`--
resentation of employees of Draper Corporation ,• EastSpartanburg'
South Carolina , within the . meaning of ' Section. 9 (c) and, Section
2' (6) and (7) of the Act. I 1 •
2. All production and maintenance employees of the Company,
excluding clerical find office workers , supervisors , chemists; and
watchmen constitute a, unlit appropriate ,for ilie .,purposes ;] of col-
lective bargaining within the . meaning of Section 9 (b). of the. Act.
DIRECTION OF ELECTION
By virtue of and' pursuant to, the power, vested in the National
Labor Relations Board by Section 0, (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations 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 fors the purposes of collective
bargaining with Draper ; Corporation, East Spartanburg, South
Carolina, an election by secret ballot shall be conducted as early
as,-possible, but not later than thirtyH(30) days''from they .date -of
this Direction 'of Election, under the direction' and supervision of
the Regional Director for the Tenth Region,, acting in= this matter
as agent for 'the National Labor t Relations Board', and subject, 'to
Article :III, Section '9; of - said,. Rules= and Regulations, 'among all
production and maintenance employees of Draper Corporation,' East
Spartanburg, South Carolina, who were' employed during the pay-
roll period ending May 3, 1941, including employees who, did not
work during said pay-roll period because they were ill or on vaca-
tion or in the active'military service or training of the United States,
or temporarily laid off,'but'excluding supervisory employees; clerical
and office employees, chemists; watchmen, and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented for the purposes of collective' bargain-
ing by Local Union #352 of the International Molders & Foundry
Workers Union of North America, affiliated with the American
Federation of Labor.