Eagle Neckband Corp.

National Labor Relations Board - Board Decisions

Oct 22, 1945

64 N.L.R.B. 393 (N.L.R.B. 1945)

In the Matter Of EAGLE NECKBAND CORPORATION and FEDERATION OF-
DYERS, FINISHERS , PRINTERS & BLEACHERS OF AMERICA , TEXTILE-
WORKERS UNION, CIO
Case No. 4-R-1'769.-Decided October 2U, 1945
Messrs. Michael A. Caprio and 31. B. Ketcliamn, Jr., of Yardley, Pa.,
for the Company.
Mr. William Rosselli, of Paterson, N. J., for the Union.
Mr. Donald B.. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Federation of Dyers, Finishers,-
Printers & Bleachers of America, Textile Workers Union, CIO,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Eagle Neck-
band Corporation, Yardley, Pennsylvania, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Eugene M. Purver, Trial Examiner.
The hearing was held at Trenton, New Jersey, on July 12, 1945. The
Company and the Union appeared and participated. All parties
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 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
Eagle Neckband Corporation, a New York corporation, with its,
plant and place of business located at Yardley, Pennsylvania, is en-
gaged in the manufacture and distribution of shirt linings from cotton
textiles. The Company's purchases of raw materials for the calendar
64 N. L. R. B., No. 71.
393
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
year 1944 consisted principally of cotton goods, valued in excess of
$100,000, of which more than 50 percent came from outside the Com-
monwealth of Pennsylvania. During the same period over 75 percent
of the Company's finished products, which were valued in excess of
$300,000, was shipped to points outside Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Federation of Dyers, Finishers, Printers & Bleachers of America,
Textile Workers Union, Affiliated with the Congress of Industrial
Organizations is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate?
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
We find in accordance with the stipulation of the parties that all
production and maintenance employees at the Company's Yardley,
Pennsylvania, plant, including stock clerks, watchmen, and truck
drivers, but excluding office clerical employees, foreman, general fore-
man, and all other 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.
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 Elec-
' The Field Examiner reported that the Union submitted 17 undated authorization cards
and that there are approximately 21 persons in the unit.
EAGLE NECKBAND CORPORATION 395
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
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 Eagle Neckband
Corporation, Yardley, Pennsylvania, 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 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 repre-
sented by Federation of Dyers, Finishers, Printers & Bleachers of
America, Textile Workers Union, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.