Gastonia Weaving Co.

National Labor Relations Board - Board Decisions

Apr 9, 1941

30 N.L.R.B. 1021 (N.L.R.B. 1941)

-In the Matter of GASTONIA WEAVING COMPANY and FEDERAL TExTH
LOCAL #21950
Case No. C-1841.-Decided April 9, 1941
Jurisdiction : woven cloth label manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. • Charles Y. Latimer, for the Board.
Mr. R. G. Cherry, of Gastonia, N. C., for the respondent.
Mr. Gordon L. Chastain, of Spartanburg; S. C., and Mr. L. James
Johnson, for the Union.
Mr. A. G. Koplow, of counsel to the Board.
DECISION
AND '-
ORDER
STATEMENT OF THE CASE I
Upon charges duly filed by Federal Textile Local #21950, 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 January 11, 1941,
against' Gastonia Weaving Company, Gastonia, North Carolina,
herein called the respondent, alleging that the respondent had engaged,
in and was engaging 'in unfair labor practices affecting commerce
within the meaning of Section 8 (1) and (3) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. Copies of the com-
plaint accompanied by a notice of hearing were duly served upon the
respondent and the Union. Subsequently a notice of postponement of
hearing and a second notice of hearing were duly served upon the same
parties.
Concerning the unfair labor practices the complaint' alleged in sub-
stance : (1) that on or about January 29, 1940, the respondent dis-
charged and thereafter refused to reinstate Furman Wishon ' and
Barney Ledwell because they assisted the Union and engaged in' con-
certed activities for the purposes of collective bargaining and .other
30 N. L. R. B., No. 145. -
1021
1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mutual aid and-protection; and (2) that thereby and by urging, per-
suading, and warning its employees to refrain from becoming or
remaining members of any labor organization, by threatening its em-
ployees with discharge and other reprisals if they became or remained
members thereof, by discriminatorily applying alleged shop rules, and
by other acts the respondent interfered with, restrained, and coerced
its employees in the exercise of rights guaranteed in Section 7 of
the Act.
Thereafter the respondent filed an answer denying that it had
engaged in•the unfair labor practices alleged in the complaint and
alleging that the said Wishon and Ledwell were discharged for
proper cause.
Pursuant to notice, a hearing was held in Gastonia, North Carolina,
on March 17 and 18, 1941, before Thomas S. Wilson, the, Trial
Examiner duly designated by the Chief Trial Examiner. During the
hearing, on March 18, 1941, the respondent, the Union, and counsel for
the Board entered into a stipulation in settlement of the case. The
,stipulation provides as follows :
It is hereby stipulated and agreed by and between the Gastonia
Weaving Company, by Ben Reis, President, hereinafter called the
Respondent; Federal Textile Local #21950, by L. James Johnson,
Representative, hereinafter called the Union, and Chas. Y. Lati-
mer, Attorney, National Labor Relations Board, that :
1. The Respondent is now- and has been since 1925 a corpora-
tion duly organized under and existing by virtue of the laws of
the State of North Carolina, having its principal office and place
of business in the City of Gastonia, County of Gaston, State'of
North Carolina, and is now and has continuously been engaged at
its plant in Gastonia in the manufacture, sale and distribution of
woven cloth labels.
2. Raw materials, consisting chiefly of cotton and rayon yarn,
are purchased almost exclusively within the State of North Caro-
lina. The value of these raw materials approximates Forty
Thousand ($40,000.00) Dollars per year. Approximately eighty
per cent. (80%) of the company's finished products, consisting
of woven cloth labels, are sold and shipped to customers outside
the State of North Carolina. The approximate value of the fin-
ished products is Two Hundred Thousand ($200,000.00) Dollars
per year. The Respondent admits that it is engaged in interstate
commerce within the meaning of the National Labor Relations
Act. Respondent normally employs, about One ,Hundred Fifty
(150) employees, with a weekly payroll of approximately Three
Thousand ($3,000.00) Dollars.
GASTONIA WEAVING COMPANY 1023
3. The Union is a labor organization as defined in' Section 2,
Subdivision (5.) of the Act.
4. Upon the, basis of this stipulation, all parties hereto` ex-
pressly waive their right to further hearing in this matter and-to
the making of findings of fact and conclusions of law. by the
National Labor Relations Board and expressly. agree and consent
that the Board may enter the following Order :
ORDER,
Upon the basis of the record and this stipulation ; and pursuant
to Section 10, (c.), of the National Labor Relations Act, (herein
referred to as the Act), the National Labor Relations Board
hereby orders that the Respondent, the Gastonia Weaving Com-
pany, Gastonia, North Carolina, its officers, agents, successors and
assigns, shall:
1. Cease and desist : .
(a.) from in any manner interfering with, restraining or coerc-
ing its employees in the exercise of their rights to self-organiza-
tion, to, form, join or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection as guaranteed in Section
7 of the Act.
(b.) from discouraging membership in Federal Textile Local
#21950, or any other labor organization, by discharging or in any
other manner discriminating against its employees 'in regard to
the hire and tenure of employment or any condition of employ-
ment, for the reason that they, or any of them, joined or assisted
Federal Textile Local #21950, or any other labor organization
of its employees.
2. Respondent shall take the following affirmative action, which
the Board finds will effectuate the policies of the National Labor
Relations Act : .
(a.) offer immediate re-instatement to Furman Wishon and
Barney Ledwell to the positions formerly held by them, without
loss of seniority or any other rights which they may have enjoyed.
(b.) pay the sum of Eight Hundred ($800.00) Dollars in back
pay, to be distributed by Respondent in the following manner :
Furman Wishon-Four Hundred ($400.00) Dollars.
Barney Ledwell-Four Hundred ($400.00) Dollars.
(c.) post immediately in conspicuous places at its plant and
maintain for a period of at least Sixty (60) ,consecutive days from
the date of posting, notices to its employees, stating : (1.) that the
t
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondent will not engage in the conduct from which it is or-
dered to cease and desist in Paragraphs 1. (a.) and (b.) of this
Order; (2.) that the Respondent will take the affirmative action
set forth inParagraphs 2. (a.), (b), (c.) and (d.) of this Order ;
(3.) that the Respondent's employees are free to become or remain
members of Federal Textile Local #21950; and the Respondent
will not discriminate against any employee because of member-
ship or activity in that organization.
(d.) notify the Regional Director for the Fifth Region of the
National Labor Relations Board within Ten (10) days from the
date of this Order, the manner in which it has complied with this
Order.
5. The Respondent consents to the entry by any United States
Circuit Court of Appeals of a decree, enforcing an Order of the
National Labor Relations Board in, the above form and waives its
right to contest any application by the National Labor Relations
Board for the entry of such a decree; and further waives any and
all requirements of notice of the filing of such application by the
National Labor Relations Board before any United States Circuit
Court of Appeals.
6. It is further understood and agreed 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 and that compliance by the Respondent with the
foregoing Order shall be a final and complete disposition of all
allegations set forth in the complaint in the above entitled matter.
7. It is further stipulated and agreed that this stipulation is
subject to the approval of the Board and shall become effective-
immediately upon the granting of such approval.
On March 27,1941, the Board issued its order approving the stipula-
tion, making it part of the record, and transferring the proceeding to
the Board for the purpose of entry' of a decision and order by the
Board_
Upon the stipulation and the entire record in the case, the Board
makes the following :
J
FINDINGS OF FAar
1. THE BUSINESS OF THE RESPONDENT
Gastonia Weaving Company, a North Carolina corporation with
its principal office and place of business at Gastonia, North Carolina,
is engaged in, the manufacture, sale and distribution of woven cloth
labels. The respondent purchases materials valued at approximately
$40,000 _ per , year, consisting chiefly. of cotton and, rayon yarn. Such
GASTONIA WEAVING COMPANY ' 1025
purchases are made almost exclusively within the State of North Caro-
lina. The finished products manufactured by the respondent are valued,
at approximately $200,000 per year, and 80' per cent of such products.
are sold and shipped to customers outside the State. The respondent
admits that it is engaged in interstate commerce within the meaning
of the Act.
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, the above 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 respondent Gastonia Weaving Company, Gas-
tonia, North Carolina, 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 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) from discouraging membership in Federal Textile Local'
#21950, or any other labor organization, by discharging or in any
other manner discriminating against its employees in regard to the
hire and tenure of employment or any condition of employment, for
the reason that they, or any, of them, joined or assisted Federal Textile
Local #21950, or any other labor organization of its employees.
2. Respondent shall take the following affirmative action, which the
Board finds will effectuate the policies of the National Labor Relations
Act :
(a) offer immediately re-instatement to Furman Wishon and
Barney Ledwell to the positions formerly held by them, without loss
of seniority or any other rights which they may have enjoyed.
(b) pay the sum of Eight Hundred ($800.00) Dollars in back pay,
to be distributed by Respondent in the following manner :
Furman Wishon-Four Hundred ($400.00) Dollars.
Barney Ledwell-Four Hundred ($400.00) Dollars.
(c) post immediately in conspicuous places at its plant and main-
tain for a period of at least sixty (60) consecutive days from the date
of posting, notices, to its employees, stating : (1) that the respondent
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
will not engage in the conduct from which it is ordered to cease and
desist in paragraphs 1 (a) and (b) of this Order; (2) that the re-
spondent will take the affirmative action set forth in paragraphs 2
(a), (b), (c) and (d) of this Order; (3) that the respondent's em-,
ployees are free to become or remain members of Federal Textile Local
#21950; and the respondent will not discriminate against any em-
ployee because of membership or activity in that organization.
(d) notify the Regional Director for the, Fifth Region of the Na-
tional Labor Relations Board-within ten (10) days from the date of
this Order, the manner in which it has compiled with this Order.
I