Draper Corp.

National Labor Relations Board - Board Decisions

Nov 8, 1946

71 N.L.R.B. 630 (N.L.R.B. 1946)

In the Matter of DRAPER CORPORATION , EMPLOYER and DIsTRIOT 50,
UNITED MINE WORKERS OF AMERICA, AFL, PETITIONER
Case No. 1-R-3311.Decided November 8, 194
Mr. Warren D. Oliver, of Boston, Mass ., for the Employer.
Mr. Harold R. Roitman, of Boston, Mass ., for the Petitioner.
Mr. Jack Man tel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at Plymouth , New Hampshire , on October 11, 1946, before Robert E.
Greene, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Draper Corporation is a Maine corporation with - its principal office
and place of business in Hopedale , Massachusetts . The Employer is
engaged in the manufacture of textile machinery and operates other
plants at Pawtucket , Rhode Island; Framingham , Massachusetts;
Spartansburg, South Carolina ; and Beebe River, New Hampshire.
Only the Beebe River, New Hampshire, plant is involved in this
proceeding, where the Employer manufactures textile bobbins. The
principal raw material used at this plant is lumber. Approximately
50 percent of the lumber, valued in excess of $500,000 annually, is
received at the Beebe River plant from points outside the State of
New Hampshire. All the bobbins manufactured at this plant, valued
in excess of $500,000 annually , are shipped to points outside the State.
The Employer admits, for the purpose of this proceeding, and we
find, that it is engaged in commerce within the meaning of the National
Labor Relations Act.
71 N. L . It. B., No. 94.
630
DRAPER CORPORATION
II. THE ORGANIZATION INVOLVED
631
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all production, maintenance, and boarding house employees at
the Employer's Beebe River, New Hampshire, plant, including the
steam plant, watchmen, and the truck driver, but excluding executives,
employees engaged in woods operations, office and clerical employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Draper Corporation, Beebe
River, New Hampshire, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days fom the date of
this Direction, 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' Sections 0,03.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, 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 temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
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 District 50, United Mine Workers of America, AFL, for the purposes
of collective bargaining.