Draper Corp.

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1202 (N.L.R.B. 1943)

In the Matter of DRAPER CORPORATION and INTERNATIONAL MOLDERS
AND FOUNDRY WORKERS UNION OF NORTH AMERICA
Case No. R-5275.-Decided May 27, 1943
Mr. L. W. Perrin and Mr. Walter M. Brice, both of Spartanburg,
S. C., for the Company.
Dlr. Larry T. Wagner, of Spartanburg, S. C., and Mr. Ed Long,
of East Point, Ga., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION'
AND.
DIRECTION OF ELECTION,
STATEMENT OF THE CA SE
Upon petition duly filed by International Molders and Foundry
Workers Union of North America, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of, employees of Draper Corporation, Spartanburg, South-
Carolina, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Paul S. Kuelthau, Trial Examiner. Said hearing was held in Spar-
tanburg, South Carolina, on May 4, 1943. 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 are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Draper Corporation, a Maine corporation, with its principal office
in Portland, Maine, is engaged in the production and sale of textile
machinery, in the course of which it operates plants in several parts
,of the United States. The only plant involved in this- proceeding is
49 N. L. R. B., No. 176.
1202
i
N
DRAPER CORPORATION 1203
a'wai•ellouse .located at Hayne, South Carolina. During the year
ending December 31, 1942, the Company handled at its Hayne ware-
house, 6,500 tons 'of' finished products, of which approximately 65
per was received from the Company's plant at Hopedale, Massa-
chusetts. Of the finished products received at its said warehouse
during this period; approximately 50 percent was shipped by the
Company to points outside the State of South Carolina. The Com-
pany admits that it is engaged in commerce within the meaning of
the National Labor Relations Act. 'N
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union of North'
America'is a labor organization, affiliated with the. American Federa-
tion of Labor.
III. THE 'QUESTION CONCERNING REPRESENTATION
On April `17, 1943, the Union requested that the Company rec-
ognize it'as the exclusive bargaining representative of the Company's
warehouse employees. -The Coiiil.any declined the Union's request
for'i'ecognition.
The Company contends that according to the constitution of the
Union; it cannot admit to membership warehouse employees of the
Company. ' However,'we find it unnecessary to decide `this question
for the reason that it is immaterial to the present decision whether or
not the warehouse employees of the Company are eligible to mem-
bership in the Union.'
A statement of a Field Examiner, admitted in evidence at the
heaiing;''inclicates °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 Secti6n'2 (6) and (7) of the Act.
See Matter of San Equip. Inc. and International Association of Bridge Structural Orna-
mental Iron • iibri , s,Local Union No .612, 44 N . L R B. 524; Pueblo Gas Co. v X. L R B,
118 F (2d) 304 (C. C. A. 10). In the latter case, the court stated that the "author-
ity of the bargaining agency to represent employees must he sought in the consent of the
employees and notoin the constitution of a national labor organization providing for the
organization of local units * *, * It is admitted that petitioner's employees did desig-
nate the Local' Union as the bargaining aaencv Whether they are members of the Local
Union or even entitled to membership therein is of no moment " .
2 The Field Examiner reported that the Union had submitted 36 signed authorizations
for representation dated in Maich and Apui 1943, of which 35 bore the apparently genuine
orisunal signatures of persons whose naives are on the Company's pay roll of Api il 23, 1943,
containing 42 names within the appropriate unit
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1204 DECIS^ION& OF NAT'IO AL - LABOR RELATIONS, BOeAIRD
IV. 'THE APPROPRIATE UNIT
The parties stipulated and we find that all employees of the Com-
pany at its warehouse at Hayne, South Carolina, excluding office em-
ployees, sales force, clerical employees, shipping clerks, supervisory
employees, acid watchmen, constitute a unit appropriate for. the pur-
poses of collective bargaining within the n,ieaning 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
employees 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.
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 2, as amended, it, is
hereby
DIRECTED that, as part of the investigation to nsc•ertain repre
sentatives for, the ,'purposes of collective - bargaining 'with Draper
Corporation, Hayne, 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,
supervision of the Regional; Director fy_rxthe Tenth Region,, acting' in
this matter as agent for the Nat' ial Labor; Relations Board, and'
subject to Article III,.Section 10 of said Rules and Regulations,
among the, employees. iii, the unit found appropriate in, Section •1•V,
above, who. were employed during the pa};-roll ,period immediately
preceding the date of this Direction, inclining 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 employees who have since quit or been discharged for
cause, to determine whether or not they desire to be 'represented by
'International Molders and Foniidry Workers Union-of North Amer-
ica, for the purposes^of collective bargaining. -