Draper Corp.

National Labor Relations Board - Board Decisions

Dec 18, 1942

46 N.L.R.B. 107 (N.L.R.B. 1942)

In the Matter of 'DRAPER CORPORATION and, INTERNATIONAL MOLDERS
AND FOUNDRY WORKERS UNION (A. F. OF L.)
Case No. R-4581.-Decided December 18, 1942
Jurisdiction : ordnance and machinery manufacturing industry:
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all foundry employees at one plant
of Company, including melters, bench and roll-over molders, machine molders,
floor and flask molders, brass foundry molders, core room employees, helpers,
snaggers, miscellaneous (foundry laborers), and dippers, but excluding pattern
makers, employees in the yard gang, foremen, and assistant foremen
Messrs. Phillip Ketchum and O. A. Schlaikper, of Boston, Mass.,
for the Company.
Mr. Herbert W. Clements, of Springfield, Mass., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Molders and Foundry
Workers Union, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Draper Corporation, Hopedale, Massachusetts, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing, upon due notice before Thomas H. Ram-
sey, Trial Examiner. Said hearing was held at Hopedale, Massachu-
setts, on November 24, °1942. The Company and the Union appeared,
participated, and 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 prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
46 N. L. R B., No. 17
107 '
108 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Draper Corporation is a Maine corporation with its principal place
of business and plant at Hopedale, Massachusetts. In addition, it
operates plants at East Spartanburg, South Carolina, and Beebe
River, New Hampshire, and has warehouses at Spartanburg, South
Carolina, and Atlanta, Georgia.' The Company normally manufac-
tures textile machinery, but at the present time is also engaged in
the production of various war materials under prime and, subcon-
tracts with the United States Government. During the first 6 months
of 1942, substantially more than 50 percent of its i'aw materials used
at the Hopedale plant, which is the only plant here involved, was
obtained from points outside the State of Massachusetts, and
substantially more than 50 percent of the war materials manufac-
tured by said plant was shipped to points outside the State of
Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union is a labor
organization affiliated with the American Federation -of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPBESENTATION1
On August 12, 1942, the Union requested the Company to recognize
it as exclusive representative of all foundry employees at its plant
in Hopedale, Massachusetts. The Company declined to recognize
the Union on the grounds that the unit sought was inappropriate
and that the Union did not represent a majority of the employees
above mentioned.
A -statement of the Regional' Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of the employees in the unit hereinafter found to be appro-
priate.' '
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.
The Regional Director reported that the Union submitted 273 application cards, of
which 6 were duplicates All of the 267 signatures affixed to said cards appeared to
be genuine original signatures ; 243 of the 267 signatures were the names of persons
on the Company 's current pay roll, which contained 675 names in the alleged appropriate
unit.
DRAPER CORPORATION
IV. THE APPROPRIATE UNIT
109
The Union urges that all foundry employees of the 'Company at
its Hopedale, Massachusetts, plant, including melters, bench and
roll-over molders, machine molders, floor and' flask molders, brass
foundry- molders, core room employees, helpers, snaggers,' miscel-
laneous (foundry laborers), dippers, and the yard gang constitute
an appropriate unit. Both- parties are agreed that foremen and
assistant foremen should be excluded. The Company contends that
the yard gang should be excluded and that the pattern makers should
be included.
Employees in the yard gang, numbering about 31, are under the,
supervision of,the superintendent of the machine shop. They do not
l1 olh in the foundry, but -''re assigned to various unskilled tasks about'
the plant. The Union contends that because they unload shipments
of coke and sand, which are used in the foundry; they should be
included within the unit; their work; however, is not confined to
unloading materials for the foundry. We shall exclude them.
The, pattern makers occupy space in a building connected with the
foundry. They make new patterns, repair and place patterns on the
match boards, but they do not change patterns on the molding
machines. They are carried on the foundry pay roll. The Company
contends that they should be included in the -unit. The Union con-
tends that they are not eligible for membership because 'they are
under -the jurisdiction of the Pattern'Makers League, which is also
an affiliate of the A. F. of L., and for that reason- no attempt was
made to, organize them. Inasmuch as pattern makers are_a,highly'
skilled craft group, and since the Union has not sought to represent
them, ;w e shall exclude therm from the unit.
We find that all foundry employees of the Company at its Hope-
dale, Massachusetts, plant, including melters, bench and roll-over
molders, machine molders, floor and flask molders, brass foundry
'molders, core room employees, helpers, snaggers, miscellaneous
(foundry' laborers), and dippers, but excluding pattern makers,
employees in the yard gang, foremen and assistant foremen, con-
stitute 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
.roll period immediately preceding the date of the Direction of
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Election herein, subject to the limitations and additions set forth in
the Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Draper Cor-
poration, Hopedale, Massachusetts, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction of Election, under the direction and
supervision of the Regional Director for the First Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
among the employees in the unit found to be appropriate in Section
IV, above, who were employed during the pay-roll period imme-
diately preceding the date of this Direction of Election, 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, to determine whether or not they
desire to be represented by International Molders and Foundry
Workers Union, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.