J. C. Paddock Co.

National Labor Relations Board - Board Decisions

Nov 18, 1944

59 N.L.R.B. 356 (N.L.R.B. 1944)

In the Matter of J . C. PADDOCK AND M. B. PADDOCK, CO-PARTNERS,
DOING BUSINESS AS J. C. PADDOCK COMPANY and SHEET METAL
WORKERS INTERNATIONAL, LOCAL UNION No. 165
Case No. 10-R-1301.Decided November 18, 1944
Messrs. L. W. Perrin, L. K. Leonard, and J. C. Paddock, of Spar-
tanburg, S. C., for the Company.
Messrs. L. B. Chapman and B. C. Delay, of Columbia, S. C., for
the Union. -
- Mr. Thomas A. Ricci, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Sheet Metal Workers International,
Local Union No. 165, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of J. C. Paddock and M. B. Paddock, co-partners, doing
business as J. C. Paddock Company,l Spartanburg, South Carolina,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Melton
Boyd, Trial Examiner. Said hearing was held at Spartanburg,
South Carolina, on October 5, 1944. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity 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. All parties were afforded an 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
J. C. Paddock Company, a South Carolina partnership, is engaged
in the manufacture and repair of textile machinery, machine parts,
I Name as amended at the hearing.
59 N. L. R. B., No. 77.
356
J. C. PADDOCK COMPANY 357
and textile equipment at Spartanburg, South Carolina. During the
year 1943, almost 100 percent of the raw materials used by the
Company was purchased and received from points outside the State
of South Carolina. During the same year the Company's gross,
business amounted to approximately $80,000, and it shipped approxi-
mately 40 percent of its finished, products to points outside the State-
of South Carolina. During the current year the Company's busi-
ness is substantially the same as in 1943 with respect to volume,
source of raw materials, and destination of sales.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Sheet Metal Workers International, Local Union No. 165, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
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.
IV. THE APPROPRIATE UNIT .
The Union requests a unit comprised of all the Company's pro-
duction employees engaged in metal work, excluding are welders, the
truck driver, and clerical and supervisory employees. The Company
agrees to the exclusions as sought by the Union, but would also exclude
all other employees except two, who are journeymen sheet metal
workers and members of the Union.
The Company manufactures various types of hand trucks, cylinders,
screens, cans, and other equipment used in textile- mills. Metals of
various qualities and forms in addition to fibre materials are used in
fabricating the products. All the employees do a ceratin amount of
metal work, some being more experienced with metal than others.
The Union's constitution limits its membership to journeymen sheet
2 The Field Examiner reported that the Union submitted 10 application for membership
cards and evidence of 2 initiated members and that there are 17 employees in the alleged
appropriate unit.
358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
metal workers and registered apprentices. The Company contends
that some of its employees are not qualified for membership in the
Union and it therefore questions the appropriateness of including any
employee ineligible for union membership.
- On the basis of job descriptions given by a company official, a union
representative stated at the hearing that some of the employees in the
unit requested would not be eligible for membership in the Union.
However, he was in sharp disagreement with the Company concerning
the experience and ability of those employees whom the Union seeks
to represent. He added that the Union has an examination board
that will pass upon the qualifications of each of the Company's em-
ployees to determine eligibility for membership, either as a journey-
man sheet metal worker or as a registered apprentice. Similar sit-
uations are to 'be found in many shops where employees, never
previously organized, are going through progressive stages of union
organization. Accordingly, we find no merit in the Company's
contention.
We find that all the Company's production employees engaged in
metal work, excluding are welders, the truck driver, clerical em-
ployees, and all supervisory employees with authority to hire, pro-
mote, 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 mean-
ing of Section 9 (b) of the Act.3
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
Election herein, subject to the limitations and additions set forth in'
the Direction 4
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
3 This unit apparently includes all the Company ' s production employees except the
specified exclusions
4 The Union requests that its name appear on the ballot as set forth in the Direction
of Election. V
J. C. PADDOCK COMPANY 359
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with J. C. Paddock
and M. B. Paddock, co-partners, doing business as J. C. Paddock
Company, Spartanburg, South Carolina, 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, under the direction and super-
vision of the Regional Director for the Tenth Region, acting in this
matter 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 date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion 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 dis-
charged 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 Local No. 165, Sheet Metal Workers International,
for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.