Burlington Mills Hosiery Co.

National Labor Relations Board - Board Decisions

Dec 23, 1941

37 N.L.R.B. 864 (N.L.R.B. 1941)

In the Matter of BURLINGTON MILLS HOSIERY COMPANY and WADES-
BORO FULL. FASIIIONED HOSIERY MILLS, INC. and AMERICAN FEDER-
ATION OF HOSIERY WORKERS
Case No. C-0017-Decided December 23, 1941
Jurisdiction : hosiery manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders '.. entered on stipulation.
Mr. Earle K. Sharwe, for the Board.
Mr. D. E. Hudgins, of Greensboro, N. C., for the respondents.
Mr. W. Cedric Stallings, of Charlotte, N. C., for the Union.
Mr. Milton A. Kallis, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Feder-
ation of Hosiery Workers, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Fifth Region (Baltimore, Maryland), issued its
complaint dated November 10, 1941, against Burlington Mills Hosiery
Company 1 and Wadesboro Full Fashioned Hosiery Mills, Inc., herein
called the respondents, alleging that the respondents had engaged
in and were engaging in unfair labor practices affecting commerce
within the meaning of Section 8 (1) and (3) and Section 2 (6) and
(7) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. Copies of the complaint and accompanying notice of hear-
ing were duly served upon the respondents and the Union.
The complaint alleges in substance that (1) the respondents on
or about September 25, 1941, discharged 26 named employees,2 and
1 The complaint was issued against Burlington Mills Corporation . By stipulation infra
Burlington Mills Hosiery Company was substituted as respondent for Burlington Mills
Corporation, and all pleadings were amended accordingly
2 Fred Baucom , Josephine Bishop, Ollie Bowers, A. D . Cowles, Hazel Crump, Elwood
Greene, Dewey Hathcock, Clyde IIatley, Lois Henry, Gladys G. Johnson, Paul Johnson,
T J Lefler, Ellen Lipe, Grady Lipe, Jerome Lipe, Everette Mason, C. W. McIntyre, Faye
McIntyre, Lena McSwain, Archie Perry, John Roberts, Daphne Smith, W. J Smith, Vernie
Thompson, W. S Thompson, and Ruth Turner
37 N. L. R. B., No. 140.
864
BURLINGTON MILLS, HOSIERY COMPANY 86,5
;thereafter refused to reinstate them, because the aforesaid employees
assisted the Union, and engaged in concerted activities with other
employees for the purposes of collective bargaining and other mutual
aid and protection; (2) the respondents from on or about November
1, 1939, down to and including the date of issuance of the complaint
urged, persuaded, and warned their employees to refrain from be-
coming or remaining members of the Union; (3) the respondents
threatened said employees with discharge and other reprisals if they
became or remained members thereof, and kept under surveillance
the meetings and meeting places of said union members; and (4) by
the conduct described in (1) above, the respondents discriminated
in regard to hire and tenure of employment of said employees and en-
gaged in unfair labor practices within the meaning of Section 8 (3)
of the Act, and by all the aforesaid conduct the respondents inter-
fered with, restrained, and coerced their said employees in the exer-
cise of rights guaranteed in Section 7 of said Act, and thereby
engaged in an unfair labor practice within the meaning of Section
8' (1) of the Act. -
Thereafter the respondents filed an- answer dated November 18,
1941, in which they admitted certain allegations of the complaint
regarding the nature and scope of their business, but denied the
commission of unfair labor practices.
Pursuant to notice, a hearing was held on November 27, 1941, at
Wadesboro, North Carolina, before Mortimer Riemer, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The Board,
the respondent, and the- Union were represented by counsel and par-
ticipated in-the hearing. During the course of the hearing, the re-
spondents,'the Union, and counsel for the Board entered into a stipu-
lation proposing settlement of the case. The stipulation was admitted
in evidence and the hearing was closed, subject to the Board's
approval of the stipulation which provides as follows :
An' amended charge having been filed by American Federation
of Hosiery Workers, affiliated with the Congress of Industrial
Organizations, with the Regional Director of the National Labor
Relations Board (hereinafter called the Board) for the Fifth
Region at Baltimore, Maryland on October 30, 1941, alleging
that the Burlington Mills Corporation and Wadesboro Full
Fashioned Hosiery Mills, Inc., has engaged in unfair labor prac-
tices within the meaning of Section 8, (1) and (3) of the Na-
tional Labor Relations Act; the Board through its Regional Di-
rector having issued and served a complaint stating the charges,
service of which is hereby acknowledged by the parties; the Re-
spondents having filed their answers; a hearing having been
commenced before Trial Examiner Mortimer Riemer; and.-it
866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
being the desire of the parties to conclude all proceedings before
the Board in this case,
It is hereby stipulated and agreed by and between Burlington
Mills Hosiery Company, Burlington Mills Corporation, and
Wadesboro Hosiery Mills, Inc.3 (hereinafter called the Respond-
ents), the American Federation of Hosiery Workers (herein-
after called the Union), and Earle K. Shawe, Attorney, National
Labor'Relations Board, as follows:
I
The Respondent Burlington Mills Corporation shall be and is
hereby eliminated from this proceeding as a Respondent herein.
All of the pleadings in this proceeding shall be and hereby are
amended to substitute the name of Burlington Mill (sic) Hosiery
Company in the place and stead of Burlington Mills Corporation,
it being agreed that the Burlington Mills Hosiery Company was
the Respondent intended to be named in the pleadings in lieu of
Burlington Mills,Corporation.
II
The Respondent Burlington Mills Hosiery Company is a part-
nership composed of the following companies :
Royal Oak Hosiery Mills, Inc., Marion, Virginia;
Town House Hosiery Mills, Inc., Chilhowie, Virginia;
Salem Full Fashioned Hosiery Mills, Inc., Salem, Virginia;
Grayson Full Fashioned Hosiery Mills, Inc., Independence,
Virginia;
Randleman Full Fashioned Hosiery Mills, Inc., Randleman,
Virginia ;
Wadesboro Full Fashioned Hosiery Mills, Inc., Wadesboro,
North Carolina;
and said partnership has its principal place of business in
Greensboro, North Carolina, and is engaged in,the manufacture,
sale, and distribution of full fashioned hosiery at its respective
plants located at the places above-stated.
III
Respondent Burlington Mills Hosiery Company assists in for-
mulating, directing, and participates in, the labor relations pol-
icy of the Wadesboro mill of the Respondent Wadesboro Full
Fashioned Hosiery Mills, Inc.
3 Correctly designated as Wadesboro Full Fashioned Hosiery Mills, Inc.
BURLINGTON MILLS HOSIERY COMPANY 867
IV
Respondent Wadesboro Full Fashioned Hosiery, Mills, Inc., is
and has been for some time a corporation duly organized and
,existing by virtue of the laws of the State of North Carolina,
having its principal office and place of business in the town of
Wadesboro, State of North Carolina.
V
Respondents Burlington Mills Hosiery Company and Wades-
boro Full Fashioned Hosiery Mills, Inc., are now and have been
continuously engaged at a place of business in the town of Wades-
boro, State of North Carolina, hereinafter called the Wades-
boro Mill, in the manufacture, sale, and distribution of ladies'
full fashioned hosiery. In the course and conduct of their busi-
ness the Respondents use more than one hundred thousand dollars
worth of raw materials annually at, their Wadesboro Mill, all
of which is shipped to the' Wadesboro Mill from States other
than the State of North Carolina. In the course and conduct of
their business at the Wadesboro Mill said Respondents manufac-
ture full fashioned hosiery amounting' in value in excess of two
hundred thousand dollars annually of which more than fifty
percent is shipped from the Wadesboro Mill to points and places
located in States other than the State of North Carolina. Said
respondents normally employ approximately one hundred and
sixty-five employees at the Wadesboro Mill.
For the purpose of this proceeding said Respondents stipulate
that they are engaged in Interstate Commerce within the mean-
ing of the National Labor Relations Act.
VI
American Federation of Hosiery Workers, affiliated with the
`Congress of Industrial Organizations, is a labor organization
within the meaning of Section 2 (5) of the National Labor
Relations Act.
VII
All parties hereto agree that the amended charge, complaint
and notice of hearing, copy of the Board's Rules and Regulations,
Series 2 as amended; and the answer of the originally named
Respondents, and this stipulation, shall constitute the entire rec-
ord in this,case, and that said documents shall become the record
herein by filing with the Chief Trial Examiner of the National
Labor Relations Board at Washington, D. C.
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VIII
All parties hereto waive all further or other procedure pro-
vided by the National Labor Relations Act or the Rules and
Regulation's of the National Labor Relations Board, including
the making of findings of fact and conclusions of law.
Ix
On the basis of the facts stipulated to herein, the pleadings
heretofore filed, this stipulation, and by agreement of the parties
hereto, the National Labor Relations Board may enter its order
in the following form in the above entitled case:
ORDER
The National Labor Relations Board hereby orders that Bur-
lington Mills Hosiery Company and Wadesboro Full Fashioned
Hosiery Mills , Inc., their respective officers , agents , successors
and assigns :
1. Shall not:
(a) In any manner interfere with, restrain or coerce its em-
ployees in the exercise of the right to self -organization , to form,
join, or assist labor organizations , to bargain collectively through
representatives of their own choosing and to engage in 'concerted
activities for the purpose of collective bargaining or other
mutual aid or protection , as guaranteed in Section 7 of the Act.
(b) Urge, persuade or warn its employees , or any of them at
the Wadesboro Mill, to refrain from becoming or remaining
members of the - American Federation of Hosiery Workers, C. I.
0., or any other labor organizations of its employees.
(c) Discourage membership in the American Federation of
Hosiery Workers , or any other labor orgiuiizations of its em-
ployees, by discharging or refusing to reinstate any of its
employees , or in any other manner discriminating in regard to
their hire or tenure of employment or terms or condition of their
employment.
2. Shall take the following affirmative action to effectuate the
policies of the National Labor Relations Act:
(a) Offer to the twenty-six employees whose navies appear
below immediate and full reinstatement to the same positions
which they held immediately prior to September 5, 1941 , without
prejudice to their seniority or other rights and privileges: Fred
Baucom, Josephine Bishop, Ollie Bowers, A. D. Cowles, Hazel
Crump, Elwood Greene, Dewey Hathcock , Clyde Hatley, Lois
BURLINGTON MILLS HOSIERY COMPANY 869
Henry, Gladys Johnson, Paul Johnson, T. J. Lefler, Ellen Lipe,
Grady Lipe, Jerome Lipe, Everette Mason, C. W. McIntyre,
Faye McIntyre, Lena, McSwain, Archie Perry, John Roberts,
Daphne Smith, W. J. Smith, Vernie Thompson. W. S. Thomp-
son and Ruth Turner.
(b) Make Whole the employees whose names appear, below
for any loss of wages they may have suffered by reason of their
,discharge on or about September 5, 1941 by payment to each of
them the amount set forth opposite their respective names:
Fred Baucom ----- $75 00 T J Lefler ---------- $75 00
Josephine Bishop- 75 00 Ellen Lipe---------- 75 00,
Ollie Bowers_____ 75 00 Grady Lipe ---------- 75 00
A. D Cowles ----- 75.00 Jerome 'Lipe--------- 75.00
Hazel Crump-- --- 75.00 Everette Mason------ 75 00
Elwood Greene-__ 75.00 C W McIntyre------ 75.00
Dewey Hathcock_ 75.00 Faye McIntyre------- 75.00
Clyde Halley ----- 75,. 00 Lena McSw:in------- 75 00
Lois Henry------- 75 00 Archie Perry-------- 75.00
Gladys Johnson-_ 75.00 John Roberts--------- 75.00
Paul Johnson_____ 75 00 Daphne Smith_______ 75 00
vernie Thompson_ 75.00 W J Smith --------- 75.00
W. S. Thompson__ 75 00 Ruth Turner --------- 75 00
(c) Post immediately in conspicuous places in the Wadesboro
mill and maintain for a period of at least sixty consecutive days
notice to its employees stating that: (1)' Respondents Burlington
Mills Hosiery Company and Wadesboro Full Fashioned Hosiery
Mills, Inc., will not engage in any of the acts or practices set
forth* in Paragraph 1 (a), (b) and (c) of this Order; (2) that
they will take the affirmative action ordered in Paragraph 2 (a),
(b) and (c) of this order; (3) Respondents' employees are free
to become or remain members of the American Federation of
Hosiery Workers, C. I. 0., and that the Respondents' will not
discriminate against any employee because of membership or
activity in that organization.,
(d) Notify the Regional'Director for the Fifth Region of the
Board in writing within ten days from the date of this Order
what steps the said Respondents have taken to comply herewith.
X
It is further agreed that if the Respondents Burlington Mills
Hosiery Company and Wadesboro Full Fashioned Hosiery Mills,
Inc., fail to comply with the terms of this stipulation and the
consent order above set forth the Board may upon ten days
notice to the Respondents Burlington Mills Hosiery Company
and Wadesboro Full Fashioned Hosiery Mills, Inc., make appli-
4332i 7-42-vor. 37--56
870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cation to the United States Circuit Court of Appeals for the
Fourth Circuit for the entry of a decree enforcing the said
consent order. The Respondents Burlington Mills Hosiery Com-
pany and Wadesboro Full Fashioned Hosiery Mills, Inc., hereby
waive all rights to contest 'the entry of the decree, except upon
the question of compliance with the terms of the consent order.
XI
That the execution of this Stipulation shall conclude all pro-
ceedings before the Board in the above-entitled case, and it
is 'expressly understood and agreed that this Stipulation and the
Order provided for therein shall be a complete and final disposi-
tion of all the issues raised by the charges 'and Complaint in
this proceeding, and that no other or further procedure, order
or decree; other than those provided for herein, shall be insti-
tuted or made, with respect to the subject matters contained in
the charges and Complaint herein against any of the parties to
this stipulation.
XII
It is expressly understood by the parties hereto, that this
Stipulation does not constitute an admission by the Respondents,
of any of the allegations of the commission of an unfair labor
practice or practices, as contained in the charges or the Com-
plaint herein, and the said Respondents expressly deny that
they have violated in any manner the National Labor Relations
Act as alleged in the charges and Complaint herein.
XIII
That the entire agreement is contained within the terms of this
Stipulation and that there is no verbal agreement of any kind
which varies, alters, or adds to this stipulation.
XIV
That this Stipulation is subject to the approval of the Board
and shall become effective immediately upon the granting of
such approval.
On December 1, 1941, the Board issued an Order approving the
above stipulation, making it a part of the record, and pursuant to
Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the case to and con-
tinuing it -before the' Board for the purpose of entry of a decision
and order, by the Board pursuant to the provisions of the said
stipulation.
BURLINGTON ' NIILLS HOSIERY COMPANY 871
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THD RESPONDENTS
The respondent Burlington Mills Hosiery Company is a partner-
'ship composed of the following companies : Royal Oak Hosiery Mills,
Inc., Marion, Virginia; Town House Hosiery Mills, Inc., Chilhowie,
Virginia ; Salem Full Fashioned Hosiery Mills, Inc., Salem, Vir-
ginia; Grayson Full Fashioned Hosiery Mills, Inc., Independence,
Virginia; Randleman Full Fashioned Hosiery Mills, Inc., Randle-
man, Virginia; Wadesboro Full Fashioned Hosiery Mills, Inc.,
Wadesboro, North Carolina; and said partnership has its principal
place of business in Greensboro, North Carolina, and is engaged in
the manufacture, sale, and distribution of full-fashioned hosiery at
its respective plants located at the places above-stated.
The respondent Burlington Mills Hosiery Company assists in
formulating, directing, and participates in, the labor relations policy
of the Wadesboro Mill of the respondent Wadesboro Full Fashioned
Hosiery Mills, Inc.
The respondent Wadesboro Full Fashioned Hosiery Mills, Inc., is
and has been for some time a corporation duly organized and existing
by virtue of the laws of the State of. North Carolina, having its prin-
cipal office and place of business in the town of Wadesboro, State of
North Carolina.
The respondents Burlington Mills Hosiery Company and Wades-
boro Full Fashioned Hosiery Mills, Inc., are now and have been con-
tinuously engaged at a place of business in the town of Wadesboro,,
State of North Carolina,' hereinafter called the Wadesboro Mill, in
the manufacture, sale, and distribution of ladies' full fashioned hos-
iery. In the course and conduct of their business the respondents
use more than $100,000 worth of raw materials annually at their
Wadesboro Mill, all of which is shipped to the Wadesboro Mill from
States other than the State of North Carolina. In the course and
conduct of their business at the Wadesboro Mill said respondents
manufacture full-fashioned hosiery amounting in value in excess of
$200,000 annually of which more than 50 percent is shipped from
the Wadesboro Mill to points and places located in States other
than the State of North Carolina. The respondents normally employ
approximately 165 employees at the Wadesboro Mill.
For the purpose of this proceeding the respondents stipulated that
they are engaged in interstate commerce within the meaning of the
National Labor Relations Act.
872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce, among the several States.
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondents, Burlington Mills Hosiery Com-
pany, Greensboro, North Carolina, Wadesboro Full Fashioned
Hosiery Mills, Inc., Wadesboro, North Carolina, and their respective
'officers, agents, successors, and assigns,
1. Shall not :
(a) In any manner interfere with, restrain or coerce its employees
in the exercise of the right to self-organization, to form, join, or assist
labor organizations, to bargain collectively through representatives of
their own choosing and to engage in concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection, as
guaranteed in Section 7 of the Act;
(b) Urge, persuade' or warn its employees, or any of them at the
Wadesboro Mills, to refrain from becoming or remaining members
of the American Federation of Hosiery Workers, affiliated with the
Congress of Industrial Organizations, or any other labor organization
of its employees;
(c) Discourage membership in the American Federation of Ho-
siery Workers, or'any other labor organizations of its employees, by
discharging or refusing to reinstate any of its employees, or in any
other manner discriminating in regard to their hire or tenure of
employment or terms or condition of their employment.
2. Shall take the following affirmative action to effectuate the
policies of the National Labor Relations Act:
(a) Offer to the 26 employees whose names appear below immediate
and full reinstatement to the same positions which they held im-
mediately prior to September 5, 1941, without prejudice to their
seniority or other rights and privileges: Fred Baucom, Josephine
Bishop, Ollie Bowers, A. D. Cowles, Hazel Crump, Elwood Greene,
Dewey Hathcock, Clyde 'Hatley, Lois Henry, Gladys Johnson, Paul
Johnson, T. J. Lefler, Ellen Lipe, Grady Lipe, Jerome Lipe, Everette
Mason, C. W. McIntyre, Faye McIntyre, Lena McSwain, Archie
Perry, John Roberts, Daphne Smith, W. J. Smith, Vernie Thompson,
W. S. Thompson, and Ruth Turner;
(b) Make whole the employees whose names appear below for any
loss of wages they may have suffered by reason of their discharge.
BURLINGTON MILLS HOSIERY COMPANY
on or about September 5, 1941, by payment to each of them
amount set forth opposite their respective names :
Fred Baucom---------- $75 00 T J Lefler ----------- $75 00
Josephine-Bishop-_--__ 75.00 Ellen Lipe------------ 75 00
Ollie Bowers ---------- 75.00 Grady Iipe----------- 75.00
A. D. Cowles---------- 75 00 Jerome Lipe---------- 75 00
Hazel Crump---------- 75.00 Everette Mason------- 75 00
Elwood Greene-------- 75 00 C W McIntyre------- 75.00
Dewey Hatheock ------ 75 00 Faye McIntyre-------- 75 00
Clyde Halley ---------- 75 00 Lena McSwain -------- 75 00
Lois Henry ----------- 75 00 Archie Perry ---------- 75. 00
Gladys Johnson------- 75 00 John Roberts---------- 75 00
Paul Johnson --------- 75.00 Daphne Smith--------- 75 00
Vernie Thompson------ 75 00 W J Smith---------- 75 00
W S Thompson----_- 75.00 Rtith Turner---------- 75. 00
873
the
(c) Post immediately in conspicuous places in the Wadesboro Mill
and maintain for a period of at least sixty (60) consecutive days
notice to its employees stating that: (1) Respondents Burlington
Mills Hosiery Company and Wadesboro Full Fashioned Hosiery
Mills, Inc., will not engage in any of the acts or practices set forth
in Paragraph 1 (a), (b), and (c) of this Order; (2) that they will
take the affirmative action ordered in Paragraph 2 (a), (b), and (c)
of this Order; (3) Respondents' employees are free to become or
remain members of the American Federation of Hosiery Workers,
affiliated with the Congress of Industrial Organizations, and that the
respondents will not discriminate against any employee because of
membership or activity in that organization.
(d) Notify the Regional Director for the Fifth Region of the
Board in writing within ten (10) days from the date of this Order
what steps the said respondents have taken to comply herewith.