New Bedford Cotton Manufacturers' Association

National Labor Relations Board - Board Decisions

Mar 5, 1943

47 N.L.R.B. 1345 (N.L.R.B. 1943)

-In the Matter of NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION
and TEXTILE WORKERS UNION OF AMERICA (C. I. O.) AND NEW
BEDFORD TEXTILE COUNCIL AFFILIATED WITH THE UNITED TEXTILE
WORKERS OF AMERICA (A. F. L.) AND INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA,-LOCAL No. 59 (A. F. L.)
Case No. RT-54.-Decided March 5, 194,3
Jurisdiction : cotton and textile manufacturing industry
Investigation and' Certification of Representatives : existence of contract; con-'
flicting claims of rival representatives ; election necessary.
Unit Appropriate for Collective Bargaining : unit composed of all production
and maintenance employees of members of an employer-association, found
appropriate in view of the similarity in labor problems among all the companies
and the history of collective bargaining
Ropes, Gray, Best, Coolidge d Rugg, by Mr. Charles B. Rugg, of
Boston, Mass., for the Association.
Mr. Isadore Katz, of New York City, for the C. I. O.
Mr. Jacob Minkin, of Boston, Mass., for the Council and for the
Firemen and Oilers.
Mr.'Joseph A. Padway and Mr. Herbert S. ,Thatcher, of Washing-
ton, D. C., for the U. T. W. A.
Mr. S. P. Jason;, of New Bedford, Mass., for the Teamsters.
Mr. Arthur Leff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF, THE CASE
Upon petition duly filed by New Bedford Cotton Manufacturers'
Association, New Bedford, Massachusetts, herein called the Associa-
tion, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of the Association, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Samuel G. Zack,. Trial Examiner. Said hearing was
held at New Bedford, Massachusetts, on December 22, 23, 29, and 30,
1942. The Association, Textile Workers Uhion of America (C. 'I. 0.),
47 N. L. R. B., No. 174
513024-43-vol 47-85 1345
1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the C. I. 0., New Bedford Textile Council, herein
called the Council, Local No. 294 of the International Brotherhood
of'Firemen, Oilers and Helpers of America, herein called the Firemen
and Oilers, and Local No. 59 of International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America,. herein
called the Teamsters, 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 close of the hear-
ing the C. I. O. moved to dismiss the petition on the ground that the
Association was not an employer and decision thereon was reserved
for the Board. For reasons appearing below, the motion is denied.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. On February 9, 1943, oral
argument was presented before the Board at Washington, D. ^C., all
of the parties being represented by counsel. The Association, the
C. I. 0., the Council, and United Textile Workers of America filed
briefs which have been considered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
New Bedford Cotton Manufacturers' Association is a voluntary
unincorporated association of cotton and textile manufacturing com-
panies, all located in the city of New Bedford, Massachusetts. The
members of the Association are : Gosnold Mills Corporation, Hath-
away Manufacturing Company, Naushon Mills, Inc., Nashawena
Mills, Nonquitt Mills, Pierce Brothers Limited, Quissett Mill, Soule
Mill, and Wamsutta Mills. The Companies are engaged principally
in the manufacture of cotton yarn and cotton cloth in the category
of fine goods, although in some instances rayon fabrics are also pro-
duced. The member companies annually use 82 million pounds of
raw cotton and rayon and produce approximately 170 million yards
of fabric and 81/2 million pounds of yarn. Substantially all of the
raw material used is received from sources located outside the Com-
monwealth of Massachusetts and a vast majority of the finished
products are shipped to points outside that State.
U. THE ORGANIZATIONS INVOLVED
Textile Workers, Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship production and maintenance employees employed at the Associa-
tion companies.
NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION 1347
New Bedford Textile Council is a labor organisation composed of
a number of craft unions, all but one of which are also affiliated with
United Textile Workers of America-American Federation of Labor.
The Council through its affiliates, admits to membership various
classes of workers employed at the Association companies.'
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America and its Local No. 59 are labor organiza-
tions affiliated with the American Federation of Labor, admitting to
membership truck drivers, yardmen, and warehousemen, employed at
the Association companies.
III. THE QUESTION CONCERNING REPRESENTATION
On October 27, 1942, the C. I. O. wrote the Association and each of
its member companies requesting 'recognition as the exclusive bargain-
ing representative for employees in each of said member companies,
respectively, for the purposes of negotiating a collective bargaining
agreement to become effective on February 1, 1943.
At that time there was in force a written collective bargaining
agreement, date June 16, 1941, between the Association and the Coun-
cil, .covering all employees in the member companies , exclusive of
executives, managers, overseers, second hands, watchmen, clerical
forces, truck drivers, and warehousemen. The contract was termin-
able by either party on January 31, 1943. Due notice of its intention
to amend or modify this contract had been given by the Council to
the Association on October 15, 1942.
Because of the conflicting claims of representation, the Association
by its petition has in effect referred the matter to the Board for in-
vestigation.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. represents a substantial number
of the employees in the unit hereinafter found to be appropriate.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
'The following local labor organizations of New Bedford, Massachusetts , are affiliated
with and are represented by the Council: Carders & Ring, Spinners Union, Knotters Union,
Loomfixers 'Union. Maintenance Men's Union, Yarn Finishers' Union, Shearer Tenders'
and Cloth Room workers Union, Slasher Tenders' Union, Warp Twisters' Union, Weavers
Onion, and Local No. 294 of the Firemen and Oilers. The Firemen and Oilers, although
represented by the Council in labor negotiations with the Association, is not affiliated
with United Textile Workers of America, but is affiliated with - another international,
labor organization as hereinabove noted The Firemen and oilers , although appearing
separately , was repiesented in this proceeding by the attorney also representing the
Council, and took no independent position -
2 The statement shows that the C I 0 submitted a total of 3,380 membership cards
purported to' be signed by employees in the mills of the Association companies. At the
- ime of the hearing there were approximately 11,000 employees in said mills.
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
. IV., THE APPROPRIATE UNIT
The C. I. O. contends that the Board should find appropriate a
separate unit for the'employees in each member company of the Asso-
ciation, including in such separate units the production and mainte-
.iiance employees of each respective company, but excluding therefrom
executives and supervisory employees (second hands and up), office
and clerical employees, warehousemen, yardmen, and truck drivers.'
The Council desires a single city-wide unit, composed of employees in
substantially similar included categories, covering all New Bedford,
Massachusetts, mills engaged in the manufacture of fine cotton goods,
but urges at its secondary position, in the event that a city-wide unit
is found inappropriate, that the Board should nevertheless declare as
;appropriate a single unit, composed of such employees, covering all
,such companies as are members of the Association. The position of
the Association is that the unit should be Association-wide, but it has
no objection to a city-wide unit should the Board deem the broader
,unit feasible.
It appears from the record that there are today, in,New Bedford
11 mills in the class generally known as fine cotton goods mills." Of
these, 9 are members of the Association.5 The 2 remaining mills,
Hoosac Mills 1, and the Kilburn Mill,7 while not members of the Asso-
ciation at the time of the hearing, have generally, although not invari-
ably, followed the lead of the Association in their collective bargain-,
ing. However, each of them has conducted its negotiations separately
and has entered into contracts independently of the Association and
its member mills. Neither of them has authorized the Association to
bargain on its behalf, nor considered itself bound by the action of the-
Association.,' For these reasons we are of the opinion, and therefore
3 This is the C I 0 position as modified at the oral argument before the Board. At
that time the C 1 0 counsel stipulated in substance that the C I 0 no longer claimed
to represent any employees within the categories claimed by the Teamsteis, namely, ware-
housemen , yaidmen , and truck (Divers employed in the mills of the Association members,
and that there was no question concerning the representation of such employees
41n addition , New Bedfoi d has at least two mills which manufacture cotton fabrics
tor industrial use and are not within the classification mentioned' There aie also a
number of mills genei ally classified as synthetic goods mills and commission weavers.
i The navies of the member mills arc set forth in Section I, above
6 lloosac Mills was formerly a member of the Association, but resigned when it went
into receivership some yens ago Its contracts aie subject to court approval ,
7 Separate petitions for investigation and certification involving employees of Hoosac
Mills and Kilburn Mill have been filed, and decisions thereon are being issued simul-
taneously herewith See Matter of Morgan Butler ,- as he is receiver of Hoosac Mills Car-
poratiorr (Nei, Bedford Ditiision) and Textile Workers Union of flniotea ( C 1 0 ) et at.
(RE-56), 47 N L It B 1361; Matter of Kilburn Mill and Textate Workers Union of
America (R-4726), 47 N L R B 1356 -
8 The Kilburn Mill was not it member of the Association at the time of the hearing
,On l'ebi uary 25, 1943, the Association, alleging that Kilburn Mill had been admitted to
OF, membership on February 23, 1943, moved to have the record in this case amended
by including Kilburn Mill as an Association member in all pertinent provisions of the
petition and in all orders to be issued by, the Boaid in this proceeding and -to have the
record and official report of the proceedings before the Board in Matter of Kilburn Mill
NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION - 1349'
find, that employees of the Hoosac Mills and Kilburn Mill may not at
this time appropriately be included in a single unit,with the employees,
in the Association group.°
There remains for consideration the issue as to whether the appro-
priate unit is company-wide or Association-wide. -
The organization and history of the Association
The Association admits to membership cotton and textile companies
in the city of New Bedford. The exact date of its origin has not
been clearly established, but there is evidence indicating that since
the turn of this century, the treasurers of a group of New Bedford
mills met periodically for the purpose of taking concerted, action in
matters of labor relations as well as other matters of mutual interest,
and that in the course of years, the Association evolved into its present
form . In 1920 the Association adopted bylaws setting forth that it
was "established for the purpose of affording convenient means and
opportunity for conference, consultation and cooperation with refer-
ence to matters of common interest to its members relative to the cotton
manufacuring industry in New Bedford and to take such action in
connection therewith as may be mutually advantageous . . ." Pursu-
ant to the bylaws each member company is represented in the
Association by one voting member.
The Association maintains a permanent office in the city of New
Bedford and has a paid executive secretary and clerical help. It also
employs legal counsel and pays his fees, not. only for services rendered
in matters involving the entire membership, but also for services ren-
dered in the arbitration or settlement of grievances which affect indi-
vidual member mills. Funds necessary to meet the operating expenses
of the Association are raised through assessments levied against the
member mills in ratio to the size of their respective pay rolls. The
Association has, in accordance with its bylaws, a full set of. officers
and an elected advisory committee. It holds regular meetings not
only to discuss and make decisions in matters of labor policy but also
to take action on such matters of common interest to its members as
legislation and freight rates.
Although there is some dissimilarity in the type of goods produced
in the various members mills, all are engaged primarily in the pro-
and Textile Workers Union of America (R-4726), 47 N L R B 1356, incorporated as
pact of the record in this case The said motion is hereby denied However, in the
event that the same baigaining representative is chosen in the election hereinafter
directed and in the election directed in Matter of Itilbui n Mill and Textile Workers Union of
America , supra, we shall then entertain an application to consolidate the units found
appropriate in the two cases
0 See Matter of Monon Stone Company and Quarry Workers' International Union of
North America , 10-N. L. R B 64
1350 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
duction of what has been styled as fine textile goods. Similar skills
by craft are required among the employees in the various member
mills.
In the negotiation of collective bargaining contracts, the Associa-
tion-procedure has usually been first to hold a general membership
meeting to consider the subject generally and then to refer the matter
to the advisory committee of the Association, with instructions to
confer with the representatives of the Council or other labor organiza-
tion and to conduct negotiations in accordance with the directions
given.
After the terms of the agreement were negotiated, the practice has
been for the advisory committee to report back to the full membership
body for the purpose of having its action ratified and approved before
the final agreement was consummated. The three written agreements
which have been negotiated with the Council have been signed by the
member mills, individually, but the last two agreements have also
been signed by the Association. All of these agreements contain a
recital' that the Association is a party thereto. There is evidence
tending to establish that the individual member signatures were af-
fixed upon the insistence of the attorney for the Council as a pre-
cautionary measure to insure the legal obligation of the subscribing
members.
Until December 21, 1942, the day preceding the hearing, the Associa-
tion bylaws, adopted in 1920, had provided- that "no member corpora-
tion shall be bound by any action of the organization . . . unless the
authorized representative of such member corporation gives his con-
sent thereto by vote or agreement." There is evidence indicating,
however, that in actual practice the members of the Association had
considered themselves bound by the agreements negotiated by its
advisory committee, and regarded the subsequent ratification and actual
signing as mere formalities.10 This practice was formalized when on
December 21, 1942, the Association by unanimous vote amended its
bylaws with respect to labor negotiations by providing that
Each of the member corporations shall execute and shall be
bound by each contract and agreement, negotiated on behalf of the
Association by its duly designated and authorized representatives
and approved on behalf of the Association by the Advisory Com-
mittee, with any labor organization recognized as exclusive agent
for the purposes of collective bargaining with the Association.
lo There is on record only one isolated instance when a member corporation refused to
join in an agreement negotiated by the advisory committee of the Association This
occurred in May 1938 , when the first written collective bargaining agreement between
the Association and the Council was signed . On that occasion the dissenting member
was obliged to resign from the Association before the agreement was actually signed and
this fact was known to the Council at the time it signed the agreement.
NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION 1351
Organization and history of employee organizations
Labor organization in the textile industry of New Bedford exists
in the form of craft locals with a history covering more than 50 years.
More than a score of years ago these craft unions became united for
the purposes of collective bargaining in the Council. In many respects
the -organization of the Council parallels that of the Association. The
Council is composed of delegates from each of the craft locals. Col-
lective bargaining, especially with the Association, has been conducted
for the craft unions by the Council through a committee designated
for that purpose. When agreements were reached between the Council
committee and the advisory committee of the Association they were
referred back to the respective locals for ratification. The agreements
were then signed by the Council and also by its constituent locals. At
various times in its history the Council has been independent; at one
time it was affiliated with the Committee for Industrial Organization;'
-it is now affiliated with the American Federation of Labor. During
each of these :periods it has continued to bargain with the Association
on an Association-wide basis.
History of collective bargaining
Since about the beginning of the century , the members of the Asso-
ciation and of its forerunner , the Meetings of Treasurers , have acted
in unison in matters pertaining to wages, hours, and other conditions
of employment . Signed written collective bargining agreements with
the Council have been continuously in force since 1938. For many
years prior to 1938 verbal agreements , evidenced by unsigned written
memoranda , had been made . All of these agreements were negotiated
through the Association and made upon an Association -wide basis.
When requests were made by a labor organization for collective bar-
gaining, they were referred to the Association for consideration and
action. Association bargaining was conducted not only with the
Council but also with the Teamsters which, as far as the record dis-
closes, was the only craft union on of the Council , which attempted
to organize employees of Association members.
This system of dealing has become traditional in the New Bedford
cotton textile industry , has proved conducive to the orderly , function-
ing of collective bargaining , and has contributed to uniformity and
stability of labor conditions not only among the Association mills
but among other New Bedford mills of like class , which as a general
rule have followed the lead of the Association . With the exception
.of a 6 months ' strike in 1938, precipitated by an Association decision
to effect a 10-percent wage reduction and ultimately adjusted in nego-
tiations conducted by the Council with the Association , and a strike
1352 , DECISIONS OF NATIONAL LABOIR RELATIONS BOARD
of shorter duration in 1934, which was part of a national textile strike,
the fine goods textile industry in New Bedford has been singularly
free from major industrial strife.
Under the written agreements negotiated by the Association which
have been in force since 1938, uniform base rates of pay have been fixed;
a procedure has been established for the negotiation between the Asso-
ciation and the Council of grievances arising in an individual member
mill which cannot be adjusted by the individual member mill with
the employee or craft union involved; provision has been made for
the arbitration of all disputes including those affecting individual
member mills which fail of settlement after negotiation between the
Association and the Council, it being expressly provided that the arbi-
trators are to be designated and the expenses of arbitration shared
by the Association and the Council; uniform seniority rules govern-
ing all mills have been adopted; and other uniform conditions of em-
ployment affecting all mills have been established.
While uniform base rates of pay for all Association members have
been regarded as an Association matter and have been established in
the first instance through negotiations between the Association and
the Council, it has been recognized that piece rates and work assign-
ments will necessarily vary, not only in each mill but in different de-
partments of the same mill, depending on the type of fabric being
produced, the efficiency of the machinery employed, and other variable
factors. The Association and the Council have therefore not at-
tempted to negotiate standard piece rates and work assignments, but
have left this for determination by the individual mill in the first
instance. Piece rates are, however, controlled by the base rate for-
mula, first negotiated by the Association with the Council in 1933,
kind since then carried over in the various verbal and written collective
bargaining agreements which have been in force. Under this formula
it is provided in substance that piece rates must be such as to enable 60
percent of all piece-rate workers engaged in the same operation in each
plant to earn the base rate of pay." In the case of work assignments
it has been specifically provided by contract that should differences
arise between the employees and management in any individual mill
which cannot be settled between the individual mill and the craft
union involved, the matter is to be referred for negotiation between
the Association and the Council and any decision reached by them shall
be binding on the parties concerned, and if an agreement is not then
"The latest contract provides in substance that if 60 pci cent of the woi kers do not
earn the base rate of pay, an adjustment to all employees involved shall be made weekly,
and that if it is established that the employing comp any has failed to make the appropriate
adjustment, all employees involved shall not only be entitled to the differential but shall
also be entitled to recover a penalty of 5 per cent of the base pay covering the period
during which adjustment was not made Piece-rate disputes , like other grievances, which
cannot be adjusted by the null must be referred to the Association for negotiation with the
Council
NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION 1353
reached it is to be submitted for final decision to a fact finding board
consisting of representatives of the Association and the Council and,
if -necessary, a designee of the United States Conciliation Service:
During the past several years a number of disputes affecting work as,
signments and piece rates involving individual member mills have
arisen. The Association has participated in the negotiations and ar-
bitrations which followed, and has borne the counsel fees and.other
expenses. The procedure set up in the collective bargaining contracts
for the adjustment of disputes, through Association participation',
has proved an effective aid in curbing industrial strife.
CONCLUSIONS
On the basis of the facts above referred to and upon the entire
record of this case, we find that the Association has been authorized
by its members to conduct on their behalf essential functions of collec-
tive bargaining , and that it has historically exercised such employer
functions by negotiating for its members collective bargaining agree-
ments affecting wages, hours, and conditions of work, and by partici-
pating in the negotiation, settlement, and arbitration of labor disputes
which have affected its member mills.
As we have frequently held, the Act includes within the term "em-
ployer" any person acting in the interest of an employer directly or
indirectly and the term "person" includes one or more associations r2
We have considered, but have not been impressed by the contention
of the C. 1. O. that the Association should not be regarded as an em-
ployer and that separate mill units should be found appropriate
because the separate mills have varying shift hours, piece rates, and
work assignments, handle their own grievances in the first instance
as they arise, and have no common seniority system covering employees
of all mills. As we^have previously shown, minimum hours of em-
ployment are negotiated through the Association. Piece rates are
not only governed and controlled by the base rates which are nego-
tiated by the Association, but vary in different departments of the
same mill as well as from mill to mill. Work assignments also vary
in different departments of the same )pill, and disputes concerning
such assignments. as well as other grievances, will become a matter
for negotiation by the Association if the affected member mill is unable
to make its own settlement. Common seniority rules , too, cover all
12 See Matter of Shipowners' Asaociation of the Pacific Coast , et at and International
Longshoremen's and lVarehousemen's Union District No 1, 7 N L R B 1002; Matter of
Mobile Steamship Association, et at and International Longshoremen's and Warehouse-
men's Union, 8 N. L R B. 1297, Mattes of Alston Coal Company and Progressive Mine
Workers of America, etc , 13 N L. R B 683; Matter of Federated Fislnng Boats of New
England and New York, Inc and American Communications Association, etc, 15 N L R B
1080; Matter of Associated Banning Company and Waterfront Employers Association of
.Southern California , 19 N,L R B 140 See also N L. P. B. v Lund, 10', F (2d) 815
(C. C. A 8)
1354 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
the mills and the groups to which they are made separately applicable
are divided not only along mill lines but even within the individual
mills according to departments, or occupational groups. Were we
to find the considerations urged by the C. I. O. to be controlling, we
would be forced to adopt the position, obviously absurd in this case,
of constituting as a separate unit each departmental division within
every individual company.
The fact that the member companies have bound themselves to act
in unison in collective bargaining through an association to which
they have delegated employer functions, the similarity in labor prob-
lems among all the Companies, the fact that the employees as well as
the Companies have long considered collective bargaining on an As-
sociation-wide basis to be desirable, coupled with the long established
history of collective bargaining and other appropriate circumstances
of this case, impel the conclusion that a unit coextensive with em-
ployees in all Association companies is appropriate in this case.13
For the reasons already set forth, we find that the Association is
an employer within the Act, and consequently deny the motion made
by the C. I. O. at the close of the hearing to dismiss the petition.
We find that all production and maintenance employees of Gosnold
Mills Corporation, Hathaway Manufacturing Company, Naushon
Mills, Inc., Nashawena Mills, Nonquitt Mills, Pierce Brothers Limited,
Quissett Dill, Soule Mill, and Wamsutta Mills, New Bedford, Mas-
sachusetts, exclusive of all executive and supervisory employees (sec-
ond hands and up), office and clerical employees, warehousemen, yard-
men, and truck drivers, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERDIINAI ION 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 Elec-
tion 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
43 See , in addition to cases cited in footnote 12, Matter of Admior Rubber Company and
American Federation of Labor, 9 N. L R B 407, Matter of Hijinan -Michaels Company,
United Commercial Company Division and International Union of Mine, Mill, and Smelter
Workers, Local No 50 , 0. 1 0, 11 N L R. B 796; Matter of John Kausel and Local 142 of
the International Moulders Union (A F L ), 28 N L R B 906; Mattei of The Patterson
Leitch Company and International Association of Bridge , Structural & Ornamental Iron
Workers, Local 468, at al., 33 N. L R B 485.
NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION 1355
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 New Bedford
Cotton Manuficturers' Association as representative of Goshold Mills,
Corporation, Hathaway Manufacturing Company, Naushon Mills,
Inc., Nashawena Mills, Nonquitt Mills, Pierce Brothers Limited,
Qnissett Mill, Soule Mill , and Wamsutta illills , New Bedford, Mas-
sachusetts, 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 Di-
rector 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 appropriate in Section IV, above, who were employed . during
the pay-roll period immediately preceding the date of this Direction,
including any such 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
they desire to be represented by Textile Workers Union of America
(C. I. 0.), or by New Bedford Textile Council, affiliated with the
United Textile Workers of America and the American Federation
of Labor, for the purposes of collective bargaining or by neither.