Gaffney Manufacturing Company

National Labor Relations Board - Board Decisions

May 31, 1939

12 N.L.R.B. 1408 (N.L.R.B. 1939)

In the Matter of GAFFNEY MANUFACTURING COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
Case No. C-1P5.Decided May 31, 1939
Cotton Textile Industry-Settlement: stipulation providing for compliance
with Act, including reinstatement and back pay-Order: entered on stipulation.
Mr. G. P. Van Arkel, for the Board.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Charges and amended charges having been duly filed by Textile
Workers Organizing Committee, herein called the T. W. O. C., the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Tenth Region (Atlanta, Georgia), issued
its complaint dated April 15, 1939, against the Gaffney Manufactur-
ing Company, Gaffney, South Carolina, herein called the respondent,
alleging that the respondent had engaged in and was engaging in un-
fair labor practices affecting commerce within the meaning of Section
8 (1) and (3) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. A copy of the com-
plaint and notice of hearing thereon were duly served upon the
respondent and the T. W. O. C. The respondent did not file an
answer.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent terminated the employment of and
refused to reinstate three named employees because they joined and
assisted the United Textile Workers of America and/or its successor,
the Textile Workers Organizing Committee,' a labor organization,
and engaged in concerted activities with other employees of the re-
spondent for the purpose of collective bargaining and other mutual
I Paragraph 5 of the Complaint erroneously refers to the labor organization as United
Textile Workers Organizing Committee.
12 N. L. R. B., No. 136.
1408
GAFFNEY MANUFACTURING COMPANY 1409
aid and protection; and that the respondent, by the aforesaid act,
and by urging, persuading, and warning its employees to refrain
from becoming or remaining members of T. W. O. C., and by other
acts, interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.
On March 27, 1939, after the filing of charges but prior to the is-
suance of the Board's complaint, the respondent and counsel for the
Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
Charges having been filed with Charles N. Feidelson, Regional
Director of the National Labor Relations Board for the Tenth
Region, by the Textile Workers Organizing Committee on June
4, 1938, and amended on July 11, 1938 and December 31, 1938,
alleging that the respondent, Gaffney Manufacturing Company,
had violated Section 8 (1), (2) and (3) of the National Labor
Relations Act, 49 Stat. 449, and it being the intention of the
parties to dispose of the matters which have arisen,
IT IS HEREBY STIPULATED AND AGREED by and between Gaffney
Manufacturing Company, by its treasurer, W. S. Montgomery,
and G. P. Van Arkel, attorney, National Labor Relations Board,
as follows :
1. The Gaffney Manufacturing Company was incorporated in
the State of South Carolina in 1900, and is engaged in the manu-
facture, sale and distribution of cotton textile goods. It has its
principal office and plant in the city of Gaffney, State of South
Carolina. In the manufacture of cotton textile goods the princi-
pal raw materials used by respondent are cotton, coal, starch, etc.
Over 50 per cent of the raw materials are imported from points
outside the State of South Carolina to respondent's Gaffney
plant. For the year 1938, purchases of raw materials amounted
to more than $1,000,000, including purchases within and without
the State of South Carolina. Over 50 per cent of the respond-
ent's finished products is shipped directly by respondent to con-
sumers outside the State of South Carolina. During the year
1938 total sales of respondent amounted to more than $1,750,000.
Approximately 850 persons are employed in the respondent's
plant at Gaffney, South Carolina.
The Gaffney Manufacturing Company admits that it is en-
gaged in interstate commerce within the meaning of Section 2
(6) and (7) of the National Labor Relations Act, 49 Stat. 449.
2. The respondent, Gaffney Manufacturing Company, waives
all further or other procedure provided by the National Labor
Relations Act or the Rules and Regulations of the National La-
1410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bor Relations Board, including the making of findings of fact
and conclusions of law.
3. Upon the basis of the facts stipulated in paragraph 1 above,
the pleadings heretofore filed, this stipulation, and by agree-
ment of the parties hereto, the National Labor Relations Board
may enter its Order in the following form in the above-entitled
case:
ORDER
On the basis of this stipulation and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that the Gaffney Manufacturing Com-
pany, its officers, agents, successors and assigns shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining, or
coercing its employees in the exercise of their rights tb self-
organization, to form, join or assist labor organizations, to
bargain collectively through representatives of their own choos-
ing and to engage in concerted activities for the purposes of
collective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act;
(b) From discouraging membership in the Textile Workers
Organizing Committee 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 any term or con-
dition of their employment.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to Miley Floyd and W. L. Gordon reinstatement to
their former or substantially equivalent positions, without
prejudice to their other rights and privileges previously enjoyed;
(b) Make whole Miley Floyd, W. L. Gordon and Taylor Best
for any losses they have suffered by reason of their discharges
or by reason of the refusal of the respondent to reinstate them
by payment to the Regional Director of the National Labor Re-
lations Board for the Tenth Region in trust for distribution to
such employees and in such amounts as he shall deem just the
aggregate sum of One Thousand, One Hundred Dollars ($l,-
100.00), said amount to be paid within ten (10) days of the en-
try of this- Order;
(c) Post immediately in conspicuous places throughout its
Gaffney plant and maintain for a period of at least thirty (30)
consecutive days notices stating that the respondent will cease
and desist in the manner aforesaid;
GAFFNEY MANUFACTURING COMPANY 1411
(d) Notify the Regional Director for the Tenth Region in
writing within ten (10) days from the date of this Order what
steps respondent has taken to comply herewith.
And it is hereby ordered that the cases of all persons men-
tioned in the above charge and not herein reinstated shall be
dismissed.
4. It is the understanding of the parties that in carrying out
Section 2 (a) of the above- Order, that all persons named therein
will be offered reinstatement within thirty (30) days from the
entry of this Order. Such offer of employment shall be made
by registered mail, return receipt requested, with the under-
standing that if an answer is not received and definite employ-
ment arrangements made within ten (10) days, Gaffney Manu-
facturing Company will be relieved of further obligation to offer
employment to such persons under this Order.
5. The respondent, Gaffney Manufacturing Company, hereby
consents to the entry by the United States Circuit Court of Ap-
peals for the appropriate circuit, upon application by the Board,
of a consent decree enforcing an order of the Board in the form
hereinabove set forth and hereby waives further notice of the
application for such decree.
6. It is understood and agreed that this stipulation is subject
to the approval of the National Labor Relations Board and shall
become effective immediately upon the granting of such approval.
On March 27, 1939, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board.
Pursuant to notice a hearing was held on April 24, 1939, at Wash-
ington, D. C., before William R. Ringer, the Trial Examiner duly
designated by the Board. The respondent did not appear. At the
hearing the complaint, the stipulation theretofore agreed upon by the
respondent and counsel for the Board, and other pleadings were ad-
mitted into evidence and incorporated into the record.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Gaffney Manufacturing Company, a South Carolina corporation,
having its principal office and plant in the city of Gaffney, South
Carolina, is engaged in the manufacture, sale, and distribution of
169134-39-vol 12-90
1412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cotton textile goods. The principal raw materials used by the re-
spondent are cotton, coal, and starch. Over 50 per cent of the raw
materials are imported from points outside the State of South Caro-
lina to the respondent's Gaffney plant. For the year 1938 purchases
of raw materials amounted to more than $1,000,000, including pur-
chases within and without the State of South Carolina. Over 50
per cent of the respondent's finished products are shipped directly
by the respondent to consumers outside the State of South Carolina.
During the year 1938 total sales of the respondent amounted to more
than $1,750,000. Approximately 850 persons are employed in the
respondent's plant at Gaffney, South Carolina.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, 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 Gaffney Manufacturing Company, Gaffney,
South Carolina, its officers, agents, successors, and assigns shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their rights to self-organization, to form,
join, or assist labor organizations, to bargain collectively throhugh
representatives of their own choosing, and to engage in concerted
activities for the purposes of collective, bargaining or other mutual
aid or protection as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in the Textile Workers Organizing
Committee by discharging or refusing to reinstate any of its em-
ployees or in any other manner discriminating in regard to their
hire or tenure of employment or any term or condition of their
employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to Milev Floyd and W. L. Gordon reinstatement to their
former or substantially equivalent positions, without prejudice to their
other rights and privileges previously enjoyed;
(b) Make whole Milev Floyd, W. L. Gordon, and Taylor Best for
any losses they have suffered by reason of their discharges or by rea-
son of the refusal of the respondent to reinstate them by payment to
the Regional Director of the National Labor Relations Board for the
Tenth Region in trust for distribution to such employees and in such
GAFFNEY MANUFACTURING COMPANY 1413
amounts as he shall deem just the aggregate sum of $1,100.00, said
amount to be paid within ten (10) days of the entry of this Order;
(c) Post immediately in conspicuous places throughout its Gaffney
plant, and maintain for a period of at least thirty (30) consecutive
days, notices stating that the respondent will cease and desist in the
manner aforesaid;
(d) Notify the Regional Director for the Tenth Region in writing
within ten (10) days from the date of this Order, what steps the
respondent has taken to comply herewith.