Joseph Bancroft & Sons Co.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 74 (N.L.R.B. 1945)

In the "Matter Of JOSEPH BANCROFT & SONS COMPANY and FEDERATION
OF DYERS, FINISHERS , - PRINTERS AND BLEACHERS - OF AMERICA;
DEPARTMENT OF TEXTILE WORKERS UNION OF AMERICA , C.I. O.
Case No. 1-R-1756:-Decided' October 12, 1945
Richards, Layton, & Finger, by Mr. Robert H. Richards, Jr., of
Wilmington, Del., and Hodge,'Hodge cC Balderston, by Mr. Eugene
P. Balderston, of Chester, Pa., for the Company.
Mr. Benjamin IVyle, of New York City, and Mr. Joseph TV. Knapik,
of Paterson, N. J., for the Federation.
Mr. Vernon Ford, of Wilmington, Del., for District 50.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Federation of Dyers, Finishers, Print-
ers and Bleachers of America, Department'of Textile Workers Union
of America, C. I. O., .herein called the Federation, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Joseph Bancroft R, Sons Company, Wilmington,
Delaware, .herein called-the Company; the National Labor. Relations
Board provided for' an appropriate hearing upon due notice before
Eugene M.'Purver, Trial Examiner. The Company,,the Federation,
and District 50, United Mine Workers of America, herein called Dis-
trict 503. 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. A motion to dismiss
the petition was filed by the Company with the Trial Examiner who
reserved ruling thereon for the Board. For the reasons stated here-
inafter,' the motion is granted.
Upon the entire record in the case,, the Board makes the follow-
illg :
FINDINGS OF FACT
I.'TILE BUSINESS OF THE,COMPANY
Joseph Bancroft Sz Sons Company, a Delaware corporation with
plant and offices-, located in the vicinity, of, Wilmington, ,Delaware, is
64 N. L R B., No. 15.
74
JOSEPH BANCROFT,& SONS COMPANY _ 75
t
engaged in'the,bleaching; dyeing, finishing, and cutting of cotton fab- '
recs. , During the past year the sales of the Company approximated
$16,000,000 in value, derived from the processing of about 132,000,000
yards of cloth: -A large percentage of this yardage was i`eceived by
the Company in its, ",gray" state front points outside the State-of
Delaware, iind'a substantial portion of the finished materials was
shipped to points outside the State. Approximately 65 percent of the
Company's production is taken by the armed services of the United
States. , I
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. TILE ORGANIZATIONS IN :'OLVED
Federation of Dyers, Finishers, Printers and Bleachers of America;
Department of Textile Workers Union of America, affiliated with
the Congress of Industrial Organizations,' is, a labor organization ad-
mitting to membership employees of the Company.
District 50, United Mine Workers Of America, is a labor organiza-
tion admitting to membership employees of the Company.
ITT. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Pursuant to a consent election agreement between the Company and
the Textile Workers Union of America, C. I. O.,? hereinafter called
the TWUA, an election was held among the Company's employees on
June 8, 1944. At this election 570 votes were cast for the TWUA
and 609 against the union. Thereafter the TWUA'fi,ledd ,a petition for
certification of representatives and the Board directed an election
among the Company's employees.' In this election, held on March 22,
1945, the TWUA also failed to be designated by a majority of the
Company's employees.3 ' On May 16, 1945, the Federation filed its
petition herein. - '
The parties stipulated that on May 11, 1945, the Federation claimed
to represent a majority 'of the Company's employees within the unit
found appropriate by the Board in Case No. 4--R-1582. The Feder-
ation on that date requested. recognition as exclusive bargaining rep-
resentative of those-employees. The Company declined to grant such
recognition until the Board determined the majority status of'the
petitioner, or any other labor organization, in an appropriate' unit.
The Company opposes any election at this time on the ground that
the petitioner had twice before been.rejected by 'the Company's em-
' Cased No. 4-R-1406.
' Matter of Joseph Bancroft ,& Sons Company, Case No 4-R-1582, reported in 60
N. L. R: B 1053.
3 The results of the election were 522 vgtes for the TWUA and 539 votes opposed.
76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees as their bargaining representative within a period of 14
months, asserting that the Federation is the same organization which
filed the petition in Case No. 4-R-1582. ' The record indicates that
although the Federation enjoys autonomy in certain respects it is a
department of, and subordinate to, the TWUA. Thus, the Federa-
tion makes regular per capita contributions to the upkeep of the
TWUA, and it uses the-stationery, research, and the general counsel
facilities of the TWUA. The president of the Federation testified
that the Federation did not participate in any organizational cam,
paign held in conjunction with either of the two prior elections. He
further testified, however, that since the spring of 1944 the Federa-
tion has exclusively used TWUA membership cards in soliciting mem-
bers for the Federation. It is therefore apparent that the member-
ship cards submitted in support of the instant petition must be those
of the TWUA. Under those circumstances we find iio merit in the
Federation's contention that it is an entity completely separate and
apart from the TWUA.
An agent of the Board investigated the extent of the interest of the
Federation in the instant case. The report, as introduced in evidence,
shows that the Federation submitted 469 membership cards dated
as follows : March 29 to 31, 1945, 44; April 1945, 325; May 1945, 77;
June 1945, 21; undated 2. These cards were checked against the 703
cards presented in support of the petition in Case No.4-R-1582.4 The.
investigation disclosed that 153 individuals signed cards in the instant
case who had not signed cards which were presented ,in Case. No:
4-R-1582. As of June 11, 1945, there were approximately 1,050 employ-
ees within the unit. During the hearing the Federation submitted to
the Trial Examiner an additional 66 cards, 2 of which were'dated in
May 1945, 53 inTune 194.5; and 11, in July 1945. At the same time
District 50 submitted 52 designation-authorization cards, 1 of which
was dated January 1945; 9 in May 1945; 2 in June 1945; 30 in July
1945; and 10. were undated. None of the cards was checked against a
company pay roll.
A comparison of the showing of interest made by the TWUA in
Case No. 4-R-1582 with that made by the petitioner herein reveals
that the showing of interest has actually declined. In the absence of
a showing that the petitioner's chances of receiving a majority vote
have improved, we believe that the expenditure of the Board's time
and funds in the conduct of a third election within so short a period of
time would be unjustified.-' Nor does the presence of an intervenor in
this case change our judgment in view of the slight showing of interest
made by District 50. We shall, therefore, dismiss, the petition. -
4 At that .time there ,were approximately 1,200 employees in the appropriate unit.
6 See Matter of World Publishing Company , 63 N. L. R. B. 462.
JOSEPH BANCROFT & SONS COMPANY 77
We find that no 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.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of employees of Joseph Bancroft & Sons Company, Wil-
mington, Delaware, filed by Federation of Dyers, Finishers, Printers
and Bleachers of America, Department of Textile Workers Union of
America, C. 1. 0., be, and it hereby is, dismissed.
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