Joseph Bancroft & Sons Co.

National Labor Relations Board - Board Decisions

Mar 2, 1945

60 N.L.R.B. 1053 (N.L.R.B. 1945)

In the Matter Of JOSEPH BANCROFT & SONS COMPANY and TEXTILE
WORKERS UNION OF AMERICA, C. I. 0.
Case No. 4-R-1582.-Decided March 2,191x.5
Richards , Layton d Finger, Mr. Robert H. Richards , Jr., of Wil-
mington, Del., of counsel , and Hodge & Balderston , Mr. Eugene P..
Balderston, Jr., of Chester, Pa., of counsel , for the Company.
Mr. Benjamin Wyle, of New York City, and Mr. Joseph Opilla, of
Wilmington , Del., for the Union. -
Mr. David V. Easton , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers of America, C. I. 0.,.
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Joseph
Bancroft & Sons Company, Wilmington, Delaware, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Earl S. Bellman, Trial Exam-
iner. Said hearing was held at Wilmington, Delaware, on January
4, 5, and 6,1945. 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.
At the hearing, the Company filed a formal motion to Dismiss Petition
for Investigation and Certification of Representatives. The Trial
Examiner referred this motion to the Board. The motion is hereby
denied. 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. On January 24,
1945, the Company filed with the Board two separate additional
motions to dismiss the Union's petition. These motions, having been
duly considered, are denied in toto.
60 N. L. R. B., No. 174.
1053
l
1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Joseph Bancroft & Sons Company, a -Delaware corporation with
plant and offices located in the vicinity of Wilmington, Delaware,' is
engaged in the bleaching, dyeing, finishing, and cutting of cotton
fabrics. During the past year the sales of the Company approxi-
mated $16,000,000 in value, derived from the processing of about 132,-
000,000 yards of cloth. A large percentage of this yardage was
received by the Company in its "gray" state from points outside the
State of Delaware, and a substantial portion of the finished materials
was shipped to points outside the State.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act. -
H. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees.of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 13, 1944, the Union filed a representation petition seeking
to represent certain employees of the Company? Thereafter, on May
11, the parties entered into a consent election agreement providing for
an election to take place on June 8 among those employees of the Com-
pany comprising the unit set forth in the agreement.3 The result of
this election indicated that the majority of the employees rejected the
Union as their collective bargaining representative,' and the pro-
ceeding was closed on June 13.
' The Company' s plant is approximately 1 mile long and is roughly divided into a
central section and two wings , the latter being known and referred to herein as the
Rockford and Kentmere Divisions , respectively.
z Case No 4-R-1406.
This unit consisted of "all production and maintenance employees [of the Company],
Including typo department employees , laboratory assistants and helpers , janitors and'
office janitors, cafeteria employees , filter plant employees , truck drivers, chauffeurs, ex-
pediters, receiving and shipping employees , powerhouse and boiler house employees , watch-
men and guards. shop clerical employees, and working supervisors , but excluding execu-
tives, main office employees , [ secretaries ], switchboard operators, Rockford Hall employees,
safety engineers , nurses, research laboratory employees (except laboratory assistants
nand helpers ), engineering office employees, superintendents , foremen, assistant foremen,
and supervisors [within the meaning of the Board' s customary definition]."
'The Tally of Ballots furnished the parties subsequent to the consent election indi-
cated that of 1,179 valid votes counted, 570 were cast for the Union, and 609 were cast
against that organization.
JOSEPH BANCROFT & SONS COMPANY 1055
Thereafter, on October 28, 1944, the Union filed the petition herein.
Informal conferences were held between the parties in an effort to
reach an agreement, particularly with respect to the appropriate unit.
However, no agreement could be reached, and the Company is un-
willing to recognize the Union as the representative of its employees
in the unit which that organization now proposes as appropriate.
Furthermore, in its brief and in certain of its motions, the Company
asserted, inter alia, that no election should be directed at this time in
view of the employees' previous rejection of the Union. We find this
contention to be without merit.,'
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit it alleges to be appropriate .6-
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. TIIE APPROPRIATE UNIT
The Company and the Union agree, in principle, that the unit appro-
priate for the purposes of collective bargaining should consist of all
the Company's production and maintenance employees at its plant
located in the vicinity of Wilmington, Delaware. They are agreed
upon the inclusions within this unit of all employees classified as jan-
itors (except office janitors), receiving, loading and packing depart-
ments employees (except shop or plant clerks, checkers and callers),
cafeteria employees (except the dietitian), filter plant employees, shop
stores employees, truck drivers, mixers, chemical mixers, the plumber
in the real estate department, the burlap and roll checker, the roll
engraver, and garage mechanics. They are further agreed upon the
exclusion of executives, superintendents, foremen, assistant foremen,
supervisors, main office employees, secretaries, telephone or switch-
5 See Matter of Wagner Electric Corporation, 53 N. L R B. 543.
The Field Examiner reported that the Union submitted 703 designations , of which
697 were dated subsequent to June 8, 1944, (the date of the consent election), and 6
were undated . He further reported that the Union ' s proposed unit contains approximately
i,200 employees.
The Company , in its original motion to dismiss the petition herein, contended that
no election should be ordered unless it appears from an actual check . .. that a clear
majority [of the employees] had designated" the Union as their bargaining representa-
tive We find no merit in this contention See Matter of Bakelite Corporation, 60
N L R B. 318. In addition, the Company objected to the reception into evidence
of the Field Examiner 's Report on the ground that the Union ' s designations were not
checked against a pay roll of the Company . The Trial Examiner correctly overruled
this objection . See Matter of Buffalo Arms Corporation, 57 N. L R. B. 1560 ; Matter
_late Corporation, supra.
Toward tuft close of the hearing the Company requested that the Union produce its
designations for-f&2 Purpose of having them checked against a pay roll of the Company.
The Trial Examiner cmrrectly sustained the Union ' s objection to this request.
1056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
board operators, Rockford Hall employees, safety engineers, nurses,
first-aid attendants, research laboratory employees (except the de-
signer, helpers, mixers and chemical mixers ), engineering office em-
ployees, chief dye cost clerk, and dietitian therefrom. The following
employees are in dispute :
Working supervisors: The Union desires the exclusion of all work-
ing supervisors, whereas the Company desires their inclusion. The
record indicates that these, employees are, for the most part, more
experienced personnel who instruct new operators in their duties, and
who otherwise perform the functions of non-supervisory employees.
They are all hourly paid workers, receiving approximately 12.5 per-
cent more compensation than regular employees. They make no
reports to their superiors concerning the work of the employees whom
they instruct, nor do they possess authority or have the duty to make
recommendations which would affect the status of such employees.
All working supervisors receive overtime pay. We shall include
them.7
Guards, watchmen, and fire 'marshals: The Union desires to exclude
these employees, whereas the Company contends that they should be
accorded the same treatment as powerhouse and boiler room em-
ployees, hereinafter discussed, since it considers both groups as
constituting its plant-protection staff. The record indicates that
watchmen, guards, and fire marshals are uniformed, unarmed, non-
militarized and non-deputized personnel who are engaged in patrolling
the plant for the purposes of eliminating safety hazards. All are under
the supervision of the chief guard. Some are salaried employees,
whereas others are hourly paid. The watchmen and guards also check
all persons entering or leaving the plant, and have authority to refuse
admittance to intoxicated workers. Other than this, these employees
may take no direct action against a worker, but are confined to report-
ing infractions of the Company's rules to the employees' supervisors.
Since the employees in these three classifications are neither militarized
nor deputized, we shall include them.
Matrons: The Union desires the exclusion of these employees,
whereas the Company desires their inclusion. The Company employs
7 Cf. Discussion of "key men " in Matter of Palmer Scott & Company , Inc., 52 N. L. R. B.
468. The Company contends that Schreiber ( supervisor of Kentmere receiving depart-
ment ), Amalfitano ( night foreman ), Corradin ( head trucker ), Cunningham ( head car-
penter in the boiler house ), Young ( chief stock clerk), and Galloway and Heller (who
are classified as supervisors ), are working supervisors and should therefore be included.
From the record , the non -supervisory status of the employees is questionable , and for this
reason we shall make no determination with respect to their inclusion at this time. If
these employees possess supervisory powers within the meaning of our usual definition,
they are to be excluded from the unit ; otherwise they are to be included.
The record indicates that Rittenhouse and Romaniak , although class $ed as working
supervisors , are actually supervisory employees . Accordingly, they &7re excluded.
JOSEPH BANCROFT & SONS COMPANY 1057
two persons in this classification who "police the plant, see that nothing
happens to the young girls." They go from department to department
in the performance of their duties . We have included guards, watch-
men, and fire marshals , and we shall include the matrons.
Powerhouse and boiler room employees : The Union desires the in-
clusion of these employees , whereas, as hereinabove noted, the Com-
pany contends that they should be treated as guards , watchmen, and
fire marshals . Powerhouse and boiler room employees are mainte-
nance workers . We shall include them.
Real estate department employees : The Union seeks the exclusion
of all employees in this department , except the plumber, whereas the
Company desires their inclusion . These employees are classified as
plumbers , carpenters , painters , paperhangers, and helpers , and are
concerned with the maintenance of company -owned residences which
are leased to the Company 's employees . All, with the exception of
the plumber , perform their duties, for the most part , outside the plant,
although they are subject to call in emergencies for work within the
plant. The plumber , who is licensed , 'spends approximately 90 per-
cent of his time working within the plant and the balance outside. He
is listed as a real estate department employee only because the State
law requires that a licensed plumber be engaged in the maintenance of
residences . Since the employees in this department other than the
plumber are not plant maintenance employees , we shall exclude them.,,
Office janitors : The Union desires the exclusion of office janitors,
whereas the Company desires their inclusion . As hereinbefore indi-
cated, both parties agree upon the inclusion of all other janitors. The
record indicates that all janitors are under the same supervisor , receive
the same rate of pay, and perform the customary duties of this classi-
fication, although in different locales. The record contains some evi-
dence to the effect that, if an office janitor is absent , a plant janitor will
perform his duties , although it contains no evidence indicating that
an office janitor may be called upon to work in the plant . In view
of their common supervision , same rate of pay, and similarity of work,
we shall includes all janitors.
Chauffeurs : The Company employs two chauffeurs ( one woman),
whom the Union would exclude, whereas the Company desires their
inclusion . One of these chauffeurs drives a regular passenger car
and the other a station wagon. Both call for and deliver mail and
run errands. We are of the opinion that their interests are similar
to those of the production and maintenance employees , and we shall
include them.
s As above noted , the parties agree to include the plumber. He will be included.
9 See Matter of Imperial Paper & Color Corporation , 59 N L R B. 734.
628563-45-vol 60-68
1 058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Laboratory helpers and designer: As previously indicated, both
parties agree upon the exclusion of research laboratory employees and
upon the inclusion of miners and clerical mixers assigned to the labora-
tory. However, a disagreement exists between them with respect to
the laboratory helpers and the designer. whom the Union would ex-
elude and the Company would include. The helpers are hourly paid
.employees who run errands, wash beakers, and perform miscellaneous
nonscientific tasks about the laboratory. The designer inspects the
plant elevators, acts as general handyman throughout the plant, and
performs some drawing for the laboratory. We shall include the
laboratory helpers and the designer, the former because they are un-
skilled workers whose interests are more allied with those of produc-
tion and maintenance employees than with those of the professional
and technical workers under whose direction they perform their duties,
and the latter because he is actually a maintenance employee.
Expediters: The Union desires the expediters to be excluded from
the unit, whereas the Company asserts that they should. be included.
The expediters are salaried employees attached to the promise depart-
ment, which has headquarters in the Rockford folding room (a produc-
tion department) and in the Kentmere office. All expediters are under
the supervision of the chief expediter. Their function is to see that
the various production processes are performed on schedule, and, if
not, to inform the head expediter, who, in turn, communicates with
the production supervisors. The nature of their duties requires that
they be in constant touch with production employees and on the pro-
duction floor. Although responsible for the preparation of reports
to customers on the progress of their orders, expediters do not cor-
respond with them, such correspondence being conducted by the chief
expediter. We are of the opinion that the functions of expediters
warrant their inclusion io
Sample room employees (typo department) : The typo department
yr sample room prints tags, labels, invoice sheets, and other forms
used by the Company in the course of its business, and prepares the
various types of sample books used in the production processes or in
furtherance of the sale of the Company's merchandise. The employ-
ees in this department are classified as addressograph operators, press
feeders, sample makers, bookbinders, and printers. The Union desires
the exclusion of these employees, whereas the Company desires their
inclusion. We are of the opinion that such classifications of em-
ployees are not properly part of the production and maintenance unit,
and we shall exclude them.
Miscellaneous plant clerical employees: The Union desires the ex-
clusion of all plant clerical -employees, contending that another labor
10 See Matter of Sharp & Dohme, Inc., 58 N. L. It. B. 1579 (production control clericals).
JOSEPH BANCROFT & SONS COMPANY 1059
organization affiliated with the same parent body intends to file a
representation petition in the near future concerning them. The
Company. desires their inclusion. , The record indicates that no labor
organization has, at the present time, filed a petition seeking a unit of
clerical employees of the Company.
1. Receiving, packing (and loose stock), and loading departments:
These departments engage various employees who perform the duties
of packers, nailers, truckers, checkers, and callers. Many of these
employees are merely designated upon the Company's pay roll as
plant clerks, shop clerks, or clerk shop, terms which are used inter-
changeably. There is no dispute between the parties with respect to
the inclusion of employees engaged solely in performing packing,
nailing, or trucking operations. However, the Union desires the
exclusion of checkers, callers, and persons designated as plant clerks
on the ground that they are clerical employees.
The receiving department checkers receive, check in, and deliver
merchandise and other items to their destinations in the plant. In
the course of performing their duties, these employees perform cleri-
cal work as well as the physical work of trucking the merchandise.
In addition, certain employees designated as plant clerks are sta-
tioned for most of their working time in a small cage in the receiving
department, and are primarily engaged in checking invoices and
other papers used in connection with the work of the department,
as well as notifying the proper persons as to the receipt of merchan-
dise.
The plant clerks in the packing department prepare invoices and
make the final check of invoices before the merchandise is finally
packed. In addition, they also act as callers, together with several
other employees who are so classified. Callers check the yardage
being packed, total it on adding machines, and perform the physical
work, of packing light merchandise into containers. Upon the com-
pletion of the duties of the foregoing employees, the lot is packed
and sent to the loading department for shipment.
The loose stock department is actually part of the packing depart-
ment. Here merchandise is put into stock "loose" or in unpacked
form and held there until the customer issues shipping instructions.
The plant clerks and callers assigned to this department perform the
same duties as other packing department employees similarly desig-
nated.
The loading department, as hereinbefore indicated, receives the
merchandise after it has been packed and is responsible for its de-
livery to the common carrier. Plant clerks and checkers pack the
invoices attached to the merchandise and perform some trucking
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operations.11 In addition, the plant clerks in this department also
act as callers in the packing department.
The records in these departments are accumulated by plant clerks
who forward them to the standards department. However, no tabu-
lation work is required of the plant clerks in the receiving, loading,
or packing departments. The majority of the employees discussed
in this section are hourly paid, although some, who are generally per-
.,ons in the employ of the Company for a considerable period of time,
receive salaries. All are responsible to production supervisors.
Under these circumstances we shall include them.12
2. Gray room, gray office, and folding department: The plant clerks
in the gray room cut sample swatches from the gray goods which are
received and finished and file them for reference. There are two
salaried plant clerks in the gray office who perform similar duties.
In addition to the foregoing employees there is one plant clerk who
spends part of her time keeping gray work records in the gray room
and performs similar duties in the gray storage department.
The folding room is a production department under a production
supervisor where the finished product is inspected and made up into
final bolts. The plant clerks in the folding department cut samples
from finished merchandise either for filing purposes or for submis-
sion to the customer for approval. In addition, other folding de-
partment plant clerks stamp the tickets on which these samples are
placed for identification. Roll checkers assigned to this department
ascertain that the proper number of rolls accompany the lot that is
delivered to the folding room for inspection. In addition to these
employees, there is a plant clerk in the folding department who writes
up in longhand the reports of the Government inspector who is per-
inanently assigned to this plant. Another employee, designated as a
lot caller and checker follows, up goods which, for one reason or an-
other, must be refinished or reprocessed. _
The work of all the employees discussed in this section appears
to be an integral part of the production process. Accordingly, we
shall include them.
3. Rockford color dye department, Kentmere color mill, and Kent-
mere Arrestox department: Attached to the Rockford color dye de-
partment are a dye cost clerk and two salaried plant clerks. The dye
cost clerk, who performs his duties in the dye house office, copies the
"The record indicates that a large percentage of a checker 's working time is spent
in trucking
12 See Matter of The General Fireproofinq Company, 58 N. L. R. B. 1609, and cases
cited therein ; Matter of Chicago Rawhide Company, 59 N. L R B 1234, and cases cited
therein
i
JOSEPH BANCROFT & SONS COMPANY 1061
standard formula 'for an ordered dye shade on the order bill which
accompanies the lot that is being dyed . The bill and the lot are then
passed on to the operators for dyeing in accordance with the formula
on the dye bill. The two plant clerks , who are also located in the
dye house office, assist in writing up dye bills and check to see that
the shade that is going to be dyed is the shade called for by the in-
voice. The salaried plant clerk in the Kentmere color mill , and the
hourly paid plant clerk in the Kentmere Arrestox department have
similar duties . We are of the opinion that the work of these em-
ployees is an integral part of the production process and, for this
reason, we shall include them.
4. Lawn departments: In these departments the good's are sized
or stiffened, after they have been dyed, by a process of -running them
through mangles and tempering machines . The plant clerks engaged
mn these departments assemble samples from the materials after they
have been treated, match them with the invoices and the standard
shade, and thereafter send them to the folding department for final
-inspection. In addition , these employees accumulate production rec-
ords and forward them to the standards department. Since the
lawn departments are regular production departments and the work
of these employees are an integral part of the production process, we
shall include them.
5. Bleach house and basco department : The * plant clerk in the
bleach house is responsible for informing the drawing departments
that a lot is ready for drawing and for attaching the lot to the pre-
ceding one , so that it can be drawn in a continuous process. In ad-
dition, this clerk accumulates bleach house records and forwards
them to the standards department . Since approximately 90 percent
of the working time of this clerk is spent in the actual manual labor
of attaching the lot, and since she works in a production department,
we shall include her.
Assigned to the basco department is a person . designated as control
chemist. This employee works under the supervision of the superin-
tendent of the bleachery and shares an office with . the foreman and the
assistant foreman. Her duties consist of testing sample swatches for
alkalinity and reporting her findings to. the bleaching foreman. Her
duties require no scientific training , and the test which she performs is
similar to the litmus paper test used in elementary chemistry. Since
the work of this employee is performed under a production supervisor
in a production area and is essential to the production process , we shall
include her.13
13 See Matter of Goodman Manufacturing Company, 58 N. L. R. B. 531.
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
6. Sanforize departments: The plant clerks in these departments
are actually testers who make shrinkage tests. They measure the
cloth, wash, dry and press it, determine shrinkage, and record their
findings as a guidance for the Sanforizer in the adjustment of his
machine. We are of the opinion that these employees are actually
production workers, and we shall include them.
7. Paper stock departments: This department is the storage place
for the paper, boards, rolls, nails, tubes, and labels used by the Com-
pany in the course of its business. The plant clerks assigned to this
department paste labels, use-cutting machines to cut the paper into
desired lengths for packing purposes, and prepare the board, tubes,
nails, and'rolls for use. We are of the opinion that these employees
perform duties essential to the production process, and we shall include
them.
8. Kentmere starch department: This department is concerned with
the drawing out of goods for finishing or for printing after they have
been bleached. The salaried plant clerks attached to the department
ascertain whether the proper number of rolls of material has been
drawn out, tagged, and is ready for delivery to the next process., In
addition, they accumulate production sheets and forward them to the
standards department. - The work of these employees is performed
both in an office and on the production floor, and they are under a
production supervisor. We shall include them 14
9. Kentmere rolling department: The function of this department
which contains approximately 12 to 14 employees, is to roll materiat
on tubes of a certain size or length in accordance with the desires of a
customer. The plant clerk attached to this department obtains in-
formation for the foreman with respect to customers' orders. Since
this is a production department, and this plant clerical performs her
duties in a production area under the orders of a production super-
visor, we shall include her''
10. Promise department: The record indicates that there are two
salaried plant clerks attached to this department. One has her office
in the grayroom together with other plant clerks previously described,
and performs the same functions in the bleachery as do the expediters
in other departments throughout the plant. The other plant clerk is
stationed in the Kentmere office and actually performs the same duties
as the folding department plant clerks previously described, i. C., cut-
ting out samples of finished products and sending them to the cus-
tomers for approval. Listed as expediter in the promise department
is a salaried employee, also stationed in the Kentmere office who, the
record indicates, is actually a plant clerk. He assists the expediters
by preparing their work sheets.
14 Matter of Goodman Manufacturing Company, supra
16 Matter of Goodman Manufacturing Company, supra.
JOSEPH BANCROFT & SONS COMPANY 1063
We are of the opinion that the duties and interests of each of the
employees discussed in this section are such as to warrant their in-
clusion.
11. Kentmere and Rockford offices: As hereinbefore indicated, the
Company's plant is approximately 1 mile long and divided into, a
central section and the Kentmere and Rockford divisions . In each
of these divisions are offices which contain the desks of such employees
as superintendents , other supervisory employees , expediters , and cer-
tain plant clericals . There are two salaried plant clericals attached
to the Rockford office and one attached to the Kentmere office.
In the course of producing the finished product, samples are sent
to the customer for approval or disapproval . These samples are
returned by the customer to the Company and are received by the
afore-mentioned plant clerks . These employees notify the proper
lepartment of the customer 's approval or disapproval . The time of
these plant clerks is spent entirely in typing memoranda to the various
departments containing this information , and they do not work on the
production floor or have direct contact with production employees.
Under these circumstances , we are of the opinion that they are purely
office clerical employees , and we shall exclude them.
In accordance with the foregoing , we find that all production and
maintenance employees of the Company engaged at its plant located
in the vicinity of Wilmington , Delaware, including janitors and office
janitors, receiving , loading and packing departments employees, cafe-
teria employees ( except the dietitian ), filter plant employees, shop
stores employees , truck drivers , chauffers , mixers, chemical mixers,
laboratory helpers, the designer , the plumber in the real estate depart-
ment, the burlap and roll packer , the roll engraver , garage mechanics,
powerhouse and boiler room employees , watchmen, guards , and fire
marshals, matrons, expediters , all plant clericals ( including the con-
trol chemist ), except those attached to the Rockford and Kentmere
offices, and working supervisors , but excluding main office employees,
secretaries , telephone and switchboard operators , Rockford Hall em-
ployees, safety engineers , nurses, first-aid attendants , research labora-
tory employees ( except mixers , chemical mixers, laboratory helpers,
and the designer ), engineering office employees , chief dye cost clerk,
the dietitian , real estate department employees ( except the plumber),
sample room or typo department employees , plant clericals attached
to the Rockford or Kentmere offices, executives , superintendents, fore-
men, assistant foremen, supervisors , and all other employees with
authority to hire, promote , 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 meaning of Section 9 ( b) of the Act.
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
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.-
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Joseph Bancroft
& Sons Company, Wilmington, Delaware, 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 Fourth 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
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, and who have not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by Textile Workers Union of America, C. I. 0., for the purposes of col-
lective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
36 The Union requests that it be designated upon the ballot as "Textile workers Union of
America, C . I. 0." This request is hereby granted.