E. I. duPont de Nemours & Co.

In the Matter of E. I . DUPONT DI: NEMOURS & COMPANY and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA , C. I. O. Case No. 4-R-1901.Decided July 15, 1946 Mr. Peter B. Collins, of Wilmington, Del., for the Company. Messrs. Clarence Talisman and David Elliot, of Newark, N. J., for the C. 1. 0. Mr. J. Randolph Appleby, Jr., of South River, N. J., for the Asso- ciation. Mr. Conrad A. Wickham , Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Gas, Coke & Chemical Workers of America , C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of E. I. duPont de Nemours & Company, Parlin, New Jersey, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Herman Lazarus, Trial Examiner. The hearing was held at Perth Amboy, New Jersey, and Parlin, New Jersey, on April 8 and 10, 1946, respec- tively. The Company, the C. I. O., and Parlin Employees' Association, Inc., hereinafter called the Association, appeared and participated. All parties were afforded fall 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 af- forded 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 E. I. duPont de Nemrnu•s & Company, a Delaware corporation with principal offices in Wilmington , Delaware, owns and operates more 69 N. L. R. B., No . 63. 509 510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD than 50 plants in 20 States of the Union. Involved in this proceeding is the Finishes Division of the Fabrics and Finishes Department of the Company, located at Parlin, New Jersey, where the Company is en- gaged in the manufacture of lacquers, finishes, solvents, commercial nitro-cotton, and bronze powder. The Company annually uses more than $1,000,000 worth of raw ma- terials at its plants in Parlin, New Jersey, including alcohols, raw lint, copper, and pigments, approximately 50 percent of which is shipped to Parlin from points outside the State of New Jersey. The Cbmpany sells more than $1,000,000 in finished products annually, of which approximately 60 percent is shipped from the Parlin plant to points outside the State of New Jersey. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Gas, Coke & Chemical Workers of America, is a labor or- ganization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Parlin Employees' Association, Inc., is a labor organization, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the C. I. O. as the exclusive bargaining representative of the Company's production and maintenance employees until the C. I. 0. has been certified by the Board in an appropriate unit. Although the Company and the Association were under contract, in view of the fact that its expiration date was May 23, 1946, a little over a month from the date of the hearing, neither contends that its contract is a bar to the present proceedings. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. 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. I The Field Examiner reported that the C. I. O. submitted application -for-membership cards bearing the names of 343 company employees , and that the cards are dated from July to November 1945. The Association relies upon its contract to evidence its interest. There are approximately 1,060 employees in the unit requested by the C. I. 0., and approximately 1,250 in that requested by the Association and the Company. The approximate rate of turn-over during the 6-month period preceding January 1, 1946, was 2 . 8 percent per month. E. I. DUPONT DE NEMOURS & COMPANY IV. THE APPROPRIATE UNIT 511 The Company's Parlin plant covers approximately 406 acres of which the plant proper embraces nearly 300 acres and includes about 200 separate buildings. In addition, the Company operates a village on its grounds for the benefit of its employees. This includes housing accommodations for approximately 77 families; dormitories and din- ing room, chiefly for its young unmarried technical employees being trained for supervision; a commissary, which includes a store and cafeteria; and a club. The main plant is divided into the following subdivisions: Nitro- cotton area, solvent area, mixture area, including an enamel and a clear section, mechanical department, power department, and bronze area. The Company also operates a water supply station, called the Du- hernal area, which serves it and two other companies with water. The C. I. O. contends that the appropriate bargaining unit should include all hourly paid production and maintenance employees of the Company at its Parlin, New Jersey, plant, but exclude technical and professional employees, research laboratory employees, hospital em- ployees, technical and nontechnical process inspectors, Duhernal area employees, village employees, commissary and club employees, the club attendant, messengers, janitors and janitresses in offices and dormitories, change-house matrons, working leaders, dispatchers and the dispatcher helper, club seamstresses, office and clerical employees, supervisors, and such other employees as are hereinafter discussed to whom it specifically objected at the hearing. The C. I. O. takes no position with respect to the plant guards. The Company and the Association contend that the unit should include all employees covered by the collective bargaining agreement between them, namely, all of the Company's employees, including working leaders and nonexempt 2 salaried employees (known as the Wilmington Clerical Salary employees), but excluding exempt sal- aried employees, shift engineers, and all supervisory employees with the rank of sub-foreman and above. The C. I. O. is in general accord with the exclusions mentioned, but as indicated above, it would addi- tionally exclude technical and clerical employees, among others, con- fining the unit to those whom it regards as production and mainte- nance employees.3 Employees specifically disputed can be suitably treated in the gen- eral categories of alleged clerical, technical, supervisory, village and related, and miscellaneous employees. 2 Not classified as "exempt" under the Fair Labor Standards Act. 8 The parties agreed at the hearing that the unit should include all the employees listed on Company Exhibit 2 except those specifically objected to by the C. I. O. who are dis- cussed, infra. 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Alleged Clerical Employees (a) Wilmington Clerical Salahy Employees: With few exceptions , the Company 's clerical employees are all to be found in this category.4 They are all paid on a salary basis and re- ceive vacation and sick benefits similar to production and maintenance workers except that they do not lose the pay benefits of the first, 2 days of sickness as do the hourly paid personnel . But for the per- sonnel discussed below, the parties agree , and we find, that the em- ployees in this group are office clericals , and as such, despite previous bargaining history, we shall exclude them from the unit.5 The Company and the Association take the additional position that certain of the employees in this classification are production clericals and infer that these should therefore be included in the unit. The C. I. 0. maintains they should be excluded. With few exceptions , all of these employees work at desks perform- ing duties of an essentially clerical nature . They seldom leave their offices. Although many of them work with operating personnel in carrying on their duties, their usual form of contract is via telephone or a pneumatic tube arrangement. All of them are under the supervision of supervisors who also oversee the Company 's office clericals. After a thorough consideration of each of the job classifications in this group, we find these employees to be more in the nature of office cleri- cals than production clericals, and we shall, therefore , with one excep- tion, exclude them from the units The exception in this group is the receiving clerk for the mechanical area. He spends 50 percent of his time in the actual handling of the items he receives , such as pipes, machine parts, valves , etc., and the balance of the time in clerical work . His desk is located in the store- room and he is in daily contact with the maintenance employees. In view of the manual work he performs , and his daily contact with 4 The job classifications of this group are to be found in Company Exhibit No. R. It should be noted that included therein are six Iaboratorians who are located in the Purl iii (Research) Laboratory. inasmuch as their duties are identical to other laborstorians, and their salaried positions clue merely to such factors as longevity of service, they present no clerical issue, and will be discussed with the other laborato rians. The Company and Association have cited Pen as sp Iran is Panrer and Light Coapanp, 64 N. L. It. B. 874. as authority for including office clericals in the unit on the basis of past bargaining history. However, we were there concerned with a public utility, characterized by a peculiarly high degree of integration among the employees of its several departments. The special circumstances of that case do not exist here. We therefore have applied our general rule to the present situation. Matter of T. I. duPont de 1 enionra c( Company, Inc., 62 N. L. R. B. 146: Matter of Sharp It. Dohme, Inc., h(i N. L. R. B. 1471. 6 These include the following employees : Main Office Croup: Stock control employees : order bun earn (sales contact) clerks and assistant clerks: traffic and shipping employees (traffic nnau, truck scheduler, yard master and bill-of-lading and packing-list clerks ) ; and the miscellaneous shipping and invoicing employee. Solvent Office: Schedule Haan. Mixture Office: Batch slip clerks, and planning and scheduling clerks. E. I. DUPONT DE NEMOIRS & COMPANY 513 maintenance employees, we find him to be a production clerical and shall include him in the unit. (b) Other Alleged Clericals: With the exception of the messengers, all the following employees are on an hourly pay basis and receive the same sick and vacation benefits as production and maintenance employees generally. (1) Dispatchers and the Dispatcher Helper: These employees, of whom there are nine, are located in the mixture area testing labora- tory. The C. I. O. contends that their duties are clerical and that they should be excluded, while the Association and the Company argue for their inclusion. These employees function somewhat in the nature of expediters. They check "batch slips," received from the planning and supply group, for items requiring servicing from the raw materials ware- house, and notify the warehouse of any materials required. Generally speaking, it is their function to see that from the time. the batch slip is issued materials are promptly serviced to the equipment at which they are used, and that batch samples at various stages of production are delivered to the control laboratories for testing. They may also, within limits, indicate the kind of tests to be made on different prod- ucts. Samples are delivered to them, and they, in turn, deliver them to the laboratory. After testing, they are responsible for making minor changes in batches not meeting specifications. Upon completion and approval of a batch, a dispatcher will send out filling instructions. These employees occupy the same room as the control laboratorians and have daily contact with them. They are under the same foreman who supervises shaders and operators. Approximately 80 percent of their time is spent in their offices at their desks, and the balance either in the office where the batch slips are prepared or at the planning department checking up on urgent batches. Contacts with operators are generally made through the foremen. The dispatcher helper performs the same type of work as the dis- patchers, as well as delivering batch samples directly from the op- erators in the plant. It is clear that these employees are production clericals. They are far more closely associated with the productive processes than with the work performed by office clericals. We shall, therefore, include them in the present unit in accordance with our established practice con- cerning this type of employee.7 (2) Messengers: There are eight employees in this group, all of whom are paid on a weekly basis. The C. I. O. contends that they are Hotter of Joseph Bancroft & Sons Company . 60 N. L. It. B. 1 053: Matter of Sharp & Dohrnc, Inc., 58 N. L. It. B. 1579. 1590. 701592- -47-vol. 69- :,4 514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD clerical and should be excluded while the Company and the Associa- tion argue for their inclusion. Six of these employees are located in the main office under the super- visor of pay roll, stenographic, cashiers and miscellaneous, one in the mixture area office under the mixture area clerical supervisor, and one in the research laboratory under the research laboratory office man- ager. The main office messengers sort, distribute, and collect mail, as well as deliver sales orders and shipping papers, throughout the offices and the plant. The mixture area messenger works largely within the plant gate carrying batch slips to dispatchers, the print shop, ware- house and shipping house. The research laboratory messenger handles mail in the same manner as the main office messengers. We find that the duties of these employees are essentially of an office clerical nature, and shall exclude them from the unit. • (3) Utility Typist: There is one employee in this category. The C. 1. 0. would exclude him as clerical while the Company and the Asso- ciation would include, him. He is located in the mixture area shipping house. His duties include the typing of container shipping tags and the running of errands within the shipping house, although he does not handle materials. He is responsible to the foreman of the shipping house, who also supervises checker leaders, checkers, stencillers, packers and recanners. We are of the opinion that the nature of this em- ployee's duties, as well as the fact that he is under the shipping house foreman, give him a community of interest with the production and maintenance personnel. We shall therefore include him in the unit. (4) Printer: The Company employs one printer whom the C. I. 0. would exclude as clerical and the Company and the Association in- clude. He is located in a separate building in the mixture area. His duties involve the printing of labels showing the name of the product, its formula number, and the serial number of each batch. He is respon- sible to the mixture area clerical supervisor, who also supervises batch slip clerks, stenographers, typists and file clerks. In view of the fact that this employee is under a clerical supervisor, and his duties are more closely akin to clerical than production and maintenance work, we shall exclude him from the unit. (5) Relief Telephone Operator: There is one relief telephone operator. The C. I. 0. desires her exclusion while the Company and the Association desire her inclusion. The Company operates its own switchboard, which is located in the main office building, It is handled by telephone girls operating on a 2-shift arrangement. These operators, the parties have agreed, and we find, are office clericals. In addition, the Company has tie-in lines to the hospital, where the relief operator is located. This operator handles such outside calls as are necessary on the third shift and may E. I. DUPONT DE NEMOURS & COMPANY 515 also substitute for one of the main office telephone operators in the latters' absence. We find the relief telephone operator to be an office clerical and shall exclude her from the unit. Alleged Technical Employees All of the following employees s are on an hourly pay basis and receive the same sick and vacation benefits as production and mainte- nance employees in general. (a) Company Laboratories: The Company operates both control and research laboratories at its Parlin plant. Both types of labora- tory employees have comparable training and background, which does not include formal technical training, but rather, a general ex- perience in the Company's production line. Aside from the profes- sional employees, who all agree should be excluded, the parties agree that the control laboratory employees should be included, but disagree as to the research laboratory employees. The purpose of the control laboratories is to conduct routine and standardized tests on company products in production. We find, in accordance with the agreement of the parties, that the laboratorians in these laboratories are of the type that are normally included in a production and maintenance unit .9 We shall therefore include them in the present unit. As to the research laboratory employees, the Company contends that their duties and background are so similar to those in the control laboratories that they too should be included in the unit. The C. I. 0. argues that they are distinct from the production workers and should be excluded as technical employees. The research department consists of four main operating buildings, composing the laboratory, and a research office building. The labora- tory's functions include the development of new products, the im- provement of current products, and trouble shooting. It also sets up the standards which govern the tests performed by the control laboratories. In the development of a new product, it conducts the necessary experimental work to insure that the product will meet re- quired standards. When this work is completed, a formula and stand- ard sample are set up. Batches are then made in the plant until such time as actual experience shows that the plant can obtain the results s With the exception of the six lahoratorians in the Wilmington Clerical Salary group referred to in footnote 4. supra. ^ ifatter of New Jersey Worsted Mills and Gera Mills, 63 N. L. R. B. 455 ; Matter of Procter & Gamble Manufacturing Company, 62 N. L. R. B . 1262 ; Matter of Armstrong Tire Af- Rubber Company, 61 N. L. R. B. 1503 ; Matter of National Lock Company, 61 N. L. R. B. 1366. Although control testers were excluded from a production and maintenance unit in Matter of E. T. du Pont de 11'emours & Company, Inc., Rayon Division, 62 N. L. R. B. 146, the employees in that case had a far greater educational and experimental background than those in the present case , and were being paid on a salary basis. 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD obtained in the laboratory. During this period, both the chemists and laboratorians who have worked in the experimental stage may work in the plant until it is demonstrated that the laboratory product can be made oji a plant scale. Job classifications in this department include shaders, color match- ers, 36 laboratorians of various grades,10 and a janitor, ditto operator, formula clerk and photostat operator. The last 3 classifications the C. I. O. would also exclude as clerical. We are of the opinion that there is a decided distinction between the research and control laboratory employees, the former constituting a functional group separate and apart from the Company's production process. They are the type of technical employees which we have normally excluded from production and maintenance units." We shall, therefore, despite prior bargaining history, exclude them from the unit in the present case,' with the exception of the janitor, whom we shall include. (b) Critical Control Analyst: The one employee in this classifica- tion is objected to by the C. I. O. on the grounds that he is a technical employee. The Company and the Association argue for his inclusion. Located in the nitro-cotton control laboratory, it is his function to observe the manufacture of nitro-cotton for the purpose of noting any off--standard deviations in production. His observations are made purely from the manufacturing records, which include reports from both the laboratory and the factory operators. From the results of his study he may recommend slight changes in a subsequent lot. He does not actually test products nor handle materials. There are no special educational requirements for this job, the work being such that it can be performed by a good first-class operator after he has famil- iarized himself with the required company standards. The employee in question is under the supervision of the technical supervisor of the nitro-cotton area, who also supervises the control laboratorians of the area. We find his duties to be closely related to production and nut of a technical nature. We shall include him in the unit. (c) Teclin-ieal iiod Non-tee!,iueal Process Iris ecto11.e: There are four employees in this group, all of whom the C. I. O. contends are technical and should be excluded, while the Company and the Association argue for their inclusion. The duties of this group, which is scattered "This number includes 30 laboratorians paid on an hourly basis and the 6 mentioucd in :footnote 4, supra, who are on a salary basis and are included iu the Wilmington cleri,-A Salary Employees. 11 Matter of L. I. (In Pont do N emonrR & Cwnpanrt, Inc., Rayon Dirision , 62 N. L. R. B. 141; _3!atter of Joseph Bancroft S Sons Company, 60 N. L. It. B. 1053 ; Ifattcr of Chicago Raw- hide Manufacturing Company. 59 N. L. R. 11 1234. 12 1b-id. The ditto operator, formula clerk and photostat operator WO es- lud•- as clericals. E. I. DZ PO\ T DE NEMOURS & COMPANY 517 throughout the mixture, nitro-cotton and solvent areas, involve the preparation of special production batches, work on new developments and trouble shooting. When trouble arises they may step in and assist with the operations in order to determine the difficulties and correct them. There are no special professional or educational requirements for the job, although inspectors with extra education, such as an I. C. S. or night school course, are paid a higher rate and termed "technical" process inspectors. The Company often adds to its "non- technical" process inspectors from its operators when it has an unusual number of special batches to make or special processes it wants fol- lowed. We find that the duties of these employees are closely related to production, and are not technical within our customary meaning of the term. WTC shall therefore include them in the unit. <lldegcd Suliel,viso. y Einployees-Leaders There are approximately 30 employees in this group, all of whom, with the exception of the store manager, are on an hourly pay basis and receive the same sick and vacation benefits as production and maintenance employees. They include: 7 working leaders in the mixture areas enamel and clear sections; Z checker leaders in the mix- ture area, shipping section ; 5 PXC shift leaders in the nitro-cotton area, 1 male and 1 female small package leader in the solvent area; and 4 shift leaders and 1 leading-man smelter in the bronze area. In addition, there are 5 shift leaders in protection and salvage, 1 working leader in the village area, and 1 store manager in the commissary. Final disposition of the last 3 categories will be made under the sepa- rate discussions of the employees of their respective areas. Here we are only concerned with the question of their status as supervisors. The C. I. 0. contends that all these employees, with exception of the leading-man smelter, are supervisory and should be excluded from the unit; the Company and the Association would include them. The parties have stipulated, and we find, that the authority of all is essen- tially similar in nature. The employees under consideration spend the bulk of their time performing the same or similar duties as are performed by the em- ployees under their supervision. In effect, they are working leaders, having anywhere from one to eight employees assigned to them. None of them have authority to change the status of employees work- ing under them. Although they may make recommendations, these are only given weight to the extent that they may lead to an investi- gation of the facts. We are of the opinion that these employees are not supervisors within the customary meaning of the term , and we shall therefore include them in the unit. 518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Village and Related Employees All employees in this group, with exception of the store manager and the club attendant, receive hourly wages and the same sick and vacation benefits as production and maintenance employees generally. (a) Village Maintenance Employees: The 10 employees in this group include, in addition to a working leader, 3 painters, 1 carpenter, a plumber, a utility man and 3 laborers. The Company and Associa- tion argue for their inclusion and the C. I. 0. for their exclusion. These employees perform maintenance work on the Company's housing accommodations, dormitories and dining room, the main office lawn, plant shrubbery, and the parking lot. A very small portion of their time (less than 10 percent) may be spent on work in the plant itself, but the large bulk of their work is restricted to the village. These employees have their own foreman. We have previously in- cluded employees of this type in a production and maintenance unit established at a plant of this Company 13 We shall include them here. Having previously determined that the working leader is a non- supervisory employee, we shall also include him in the unit. (b) Commissary and Retail Store: These activites are located in one building and are operated for the benefit of the plant employees in general. The four employees in this group include a store man- ager, commissary cook and butcher, counter clerk and cashier, and a dishwasher. The store manager supervises these employees, but only in the capacity of a working leader. As we have heretofore found, he is not a supervisor within the customary meaning of that term. All these employees are under the supervision of the village super- visor. The C. I. 0. would exclude, and the Company and Association include, these employees. We have previously included employees of this type in production and maintenance units14 We shall include them in the present unit. (c) Dormitories and Dormitory Dining Room: These activities, sometimes referred to as the "Club," are maintained primarily for the use of the Company's unmarried technical employees, although some of the guards and village maintenance personnel live in the dormi- tories also. There are 11 employees in this group, including a club cook, a club dishwasher, 6 waitresses, and 3 club seamstresses. The C. I. 0. would exclude, and the Company and Association include, these employees. The seamstresses perform general chambermaid duties in the dormitories. All these employees are under the super- vision of the club matron, who is admittedly a supervisory employee. Although the services rendered by these employees are chiefly to 18 Matter of E. I. du Pont de Nemour8 & Company, Inc., Rayon Division, 62 N. L. R. 13. 146. 34 Matter of Dixie Cup Company, 64 N. L. R. B. 762; Matter of E. 1. du Pont de Nemoura d. Company, Inc., Rayon Division, 62 N. L. R. B. 146; Norwalk Tire & Rubber Company, b7 N. L. R. B. 1520. E. I. DUPONT DE NEMOURS & COMPANY 519 personnel not included in the unit, the duties performed by them are closely akin to those in the previous classification. For this reason, we shall include them in the unit. (d) Club Attendant: This employee is in charge of a clubhouse run by the Company for its employees. It is used by an employees' club, a scout troop, a women's club, and sometimes for safety meetings or exhibitions of company products for the benefit of company em- ployees and their families. The Company and Association would include, and the C. I. O. exclude, this employee. His duties are to tend the pool tables and bowling alleys, perform the janitorial duties, and attend the candy and tobacco counter. He is obviously a maintenance employee, and we shall include him in the unit. Miscellaneous Employees These employees are all on an hourly wage basis, and receive the same sick and vacation benefits as other hourly paid employees. (a) Protection and Salvage Employees: There are 15 uniformed plant guards who are neither armed, militarized, nor deputized. Their duties are essentially those of plant watchmen, relating to the pro- tection of company property. They patrol the plant and village and check entries to the company grounds. They also have authority to inspect employees and others for possession of matches at the gate, reporting any violations in this regard, and to refuse admission to any employees under the influence of intoxicating liquor. Generally speaking, however, their duties are not related to governing the con- duct of the company employees. We shall, therefore, in accordance with the agreement of the parties, as well as our general practice where guards possess no monitorial duties, include them in the unit .15 There are five shift leaders who direct the activities of the guards to whom the C. I. O. has objected on the grounds that they are super- visory. Having previously determined that they are not supervisory, we shall also include them in the unit. (b) Duhernal Area Employees: This area is operated by the Com- pany through an arrangement with the Hercules Powder Company and the National Lead Company for the purpose of supplying water to the three companies, among whom the costs of operation are periodi- cally allocated. It is located 7 miles from the Company's plant, although there is a booster station located on the plant grounds. The employees who work the system are on the company pay roll, but perform duties generally performed by the employees of any water supply company. On occasion, the Company's maintenance employees 16 Matter of Southwest Pump Company, 63 N. L. R. B. 1375; Matter of Joseph Bancroft & Sons Company, 60 N. L. R. B. 1053; Matter of T. B. Woods' Sons Company, 58 N. L. R. B. 1437. 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD service the system. The C. 1. 0. objects to the inclusion of these em- ployees on the grounds that their duties are not directly related to those of the production and maintenance group. The Company and the Association would include them. We are of the opinion that the duties of these employees are so completely unrelated to the plant operations of the Coinpn,y that they would be decidedly out of place in a production and maintenance unit. We shall therefore exclude them. (c) Change House Mati,ons: There are two employees in this group both of whom the C. I. 0. would exclude and the Company and the Association would include. They work in a building in which female employees change their clothes. They are each in charge of the build- ing on one of two shifts. Although they do no janitorial work, they keep the place straightened up, make it comfortable, and make coffee for the employees. They are under the supervision of the service supervisor, who is located in the main office. Their work is in the same general category as that of the club attendant and commissary em- ployees. We shall therefore include them in the unit. (d) O fee Janitor's and Janitresses: In addition to the factory janitors, who have been included in the unit, there are three janitors and one janitress who work in the main office, and one janitress who works in the mixture area office, the mixture area laboratory, and the women's change house. The former are under the supervisor of pay rolls, stenographic, cashiers and miscellaneous, and the latter under the mixture area clerical supervisor. Aside from-their location, their duties are of the same nature as those of the factory janitors and janitresses. We shall include them in the unit 1e (e) Hospital Attendants and First Aid Men and Nurses: There are two hospital attendants and first aid men and two registered nurses employed by the Company. The C. I. 0. would exclude, and the Company and Association include, them. They perform medical duties at the hospital and are under the supervision of a doctor. Their interests are different from those of the production and maintenance employees, and we shall exclude them.,, We find that all production and maintenance employees at the Com- pany's plant in Parlin, New Jersey, including laboratorians of all grades it the Company's control laboratories, all dispatchers and the dispatcher helper, the critical control analyst, all technical and non- technical process inspectors, settling house attendants, material check- ers, the contact man, the receiving clerk for the mechanical area, the 16 Matter of Frick Company, 63 N. L, R. B. 837; Matter of Ideal Roller & Manufacturing Company, 60 N. L. R. B. 1105; Matter of Joseph Bancroft & Sons Company, 60 N. L. R. B. 1053; Matter of The Ingersoll Milling Machine Company, 58 N. L. It. B. 251. " Matter of Electronic Laboratories, Inc., 65 N. L. It. B. 840 ( Nurses ) ; Matter of Key- stone Steel & Wire Company, 65 N. L. R. B. 274 (First Aid Men). E. I. DUPONT DE NEMOURS & COMPANY 521 utility typist in the mixture area shipping house, all leaders, all pro- tection and salvage employees, village maintenance employees, com- missary and store employees, dormitory and dormitory dining room employees, the club attendant, change house matrons, all office janitors and janitresses, and the janitor in the Parlin research laboratory, but excluding all Wilmington Clerical Salary employees "I except as may hereinabove be included, all Duhernal area employees, all professional employees, all Parlin (Research) Laboratory employees,19 all mes- sengers, the printer, the relief telephone operator, all hospital attend- ants and first-aid men, all nurses, and all or any other supervisory 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. 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 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Re- lations 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 E. I. duPont de Nemours & Company, Parlin, New Jersey, 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 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 (luring said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of 18 For employees in this group, see footnote 6, supra. iu Excepting the janitor mentioned In inclusions. 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 they desire to be represented by United Gas, Coke & Chemical Workers of America, C. I. 0., or by Parlin Employees' Association, Inc., for the purposes of collective bargaining, or by neither. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.