Henrietta Mills

National Labor Relations Board - Board Decisions

Jul 22, 1942

42 N.L.R.B. 707 (N.L.R.B. 1942)

In the Matter of HENRIETTA MILLS and LOCAL UNION #2081, UNITED
TEXTILE WORKERS OF AMERICA
Case No C-0051-Decided July 22,1912
Jurisdiction : textile manufacturing industry
Settlement : stipulation providing for compliance with the Act
Remedial Orders: entered on stipulation
Mr. Herbert 0 "Eby, for the Board
Mr G A Dorff, of Henrietta, N C., and Mr Oscar J. Moonsyham,
of Forest City, N C , for the respondent.
Mr A W Wood, of Henrietta, N. C., and Mr. John W Pollard, of
Spartanburg, S C , for the Union
Mr Bertram Diamond, of counsel to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local Union
`#2081, United Textile Workers of America, herein called the Union,
the National Labor Relations Boaid, herein called the Board, by the
Regional Director for the Fifth Region (Baltimore, Maryland) issued
its complaint on May 1, 1942, and its amended complaint on May 11,
1942, against Henrietta Mills, Henrietta, 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) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat 449, herein called the Act.
Copies of the complaint and the amended complaint, and notices of
hearing thereon were duly served upon the respondent and the Union.
Concerning the unfair labor practices, the amended complaint
alleged in substance that • (1) in November 1940, certain employees of
the respondent, including R P Frazier and J. B. Putnam, partici-
pated in a strike; (2) respondent did from about February 1, 1941,
to about March 1, 1942, assign R. P. Frazier to part-time and spare-
hand fobs and did continuously refuse to reinstate said R P. Frazier
42 N L R B, No 141
01220 707
708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to his former full-time regular job or its substantial equivalent for the
reason that he joined and assisted the Union, participated in the
November 1940 strike, and engaged in concerted activities with other
employees for the purpose of collective bargaining and other mutual
aid and protection, (3) iespondent did from about Febiuaiy 1, 1941,
to September 12, 1941, assign J B Putnam to pait-time, space-hand
jobs, and did about September 12, 1941, discharge said J B Putnam,
and at' all times since about February 1, 1941, has continuously refused
to ieunstate said J B Putnam to his foimer full-time iegular job or
its substantial equivalent for the reason that said J. B Putnam joined
and assisted the Union, participated in the November 1940 stiike, and
engaged in concerted activities with other employees for the puipose
of collective baigaining and othei mutual aid and piotection, (4)
respondent did fi om about November 1940 to the date of issilance of
the amended complaint, urge, persuade and wain its employees to
iefrain fiom becoming or remaining membeis of the Union and did
threaten said employees with discharge and other ieprisals if they
became of remained members of the Union
The respondent thereafter filed its answeis denying the commission
of the unfarn laboi practices alleged in the complaint and in the
amended complaint
On May 26, 1942, the iespondent, the Union, and counsel foi the
Board entered into a stipulation-in settlement of the case This stipu-
lation provides as follow s
WTHEREAS, charges, as amended, wcie duly filed by Local Union
No 2081, United Textile Workers of Ameiica (heieniaften ie-
ferred to as the Union), the National Labor Relations Board
(heieinafter iefeired to as the Board), by the Regional Diiectoi
of the Fifth Region, duly issued and served its amended coin-
plaint dated May 11, 1942, together with a Notice of Hearing, and
WHEREAS, an amended complaint, together with a Notice of
Hcaiing was duly served alleging that the Respondent had en-
gaged 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 (hereinafter referred to as the
'Act), and
WHEREAS, pursuant to due notice, George Bokat, a Trial Exam-
iner of the Board, conducted a hearing at Rutherfordton, North
Carolina, on May 25 and 26, 1942, during which time the Respond-
ent, the Union and the Board were i epi esented by counsel, and
participated in the hearing, and
WHEREAS, the Respondent has duly filed answers denying all of
the said charges against it, however, notwithstanding said denial,
the Respondent and all of the other paities hereto desne to dis-
J
HENRIETTA MILLS 709
pease with further proceedings upon said amended complaint and
answeis and to dispose of all issues herein,
Now THEREFORE, it is hereby stipulated and agreed by and be-
tween the Respondent, the Union, and Herbeit 0 Eby, Attorney,
National Labor Relations Board, that
1 The Respondent is a corporation oigamzed under and exist-
ing by virtue of the laws of the State of-North Carolina, having
its principal office in the City, County, and State of New York.
The Respondent is engaged in the, manufacture of print cloth and
othei textiles and operates plants located in Caroleen and Henri-
etta North Carolina and Cherokee Falls, South Carolina. Its
plant at Henrietta, North Carolina, hereinafter called the Henri-
etta plant, constitutes an integral part of the Respondent's system
of manufacture During the calendar year 1941 approximately
80 per cent of the raw materials used by the Respondent in the
production of products at its Henrietta plant were secured from
States of the United States other than Noith Carolina and during
this same period approximately 80 per cent of the products manu-
factured at said plant were shipped to States of the United States
other than North Carolina During the calendai year 1941 the Re-
spondent manufactured at its Henrietta plant in excess of $1,000,-
000 won th of punt cloth and other textiles The Respondent
admits for the puipose of this proceeding, that in the operation
of its Henrietta plant it was and is engaged in intei state commerce
within the meaning of the National Labor Relations Act
2 The Union is a labor organization within the meaning of
Section 2 (5) of the Act.
3 The parties hereby waive further hearing and making of
findings of fact and conclusions of law in this pioceeding by the
Boar d
4 The parties hereby agree that all inatteis alleged in the
amended complaint shall be deemed to have been disposed of by
viitue of compliance with the Oider of the Boaid and the Decree
of the United State Circuit Court of Appeals, hereinafter piovided
for
5 This Stipulation, together with the amended complaint,
amended charge, and answers of the Respondent, shall, constitute
the entire record in this case and may be filed with the Chief Trial
Examiner of the National Labor Relations Board in Washington,
D C
6 J B Putnam agrees that if the Respondent offers him a job
as a warp-doffer on the first shift at its Henrietta plant he will
accept such job.
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
7 On the basis of this Stipulation and the iecoid herein, as
described above in paragraph 5, the, National Labor Relations
Board may enter an Oider in the following form in the above-
,entitled matter :
ORDER
Upon the record herein, including a Stipulation dated May 26,
1942, the National Labor Relations Board hereby orders that the
respondent, The Henrietta Mills, Henrietta, North Carolina, and
its officeis, agents, successors, and assigns, shall
1 Offer to J B Putnam, upon his application, a position of
,oiler and bander in the spinning department on the first shift at
the Henrietta plant, without prey udice to any rights and privileges
previously enjoyed by him
2 Place J' B Putnam upon a preferential list to be offered
employment as a warp-doffer on the first shift at the Henrietta
plant when such employment becomes available and before other
persons are hired for such work.
3 Offer to R. P Frazier full reinstatement to the job held
by him on or about Maich 1, 1942, without prejudice to any rights
and privileges previously enjoyed by said R P Frazier
4 Place R P Frazier upon a preferential list to be offered
employment as an oiler and bander on the first shift at the Hen-
rietta plant when such employment becomes available and before
,other persons are hired for such work
5 Post immediately in conspicuous places throughout its place
of business at Henrietta, North Carolina, and maintain for a period
of at least sixty (60) consecutive days from the date of posting,
notices stating (1) That the Respondent will take the affirma-
tive action set forth in this Order, (2) That the Respondent recog-
nizes the rights of its employees to self -oiganization, 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; (3) That the Respondent will not interfere
with, i esti ain, or coerce its employees in the exercise of their
rights under Section 7 of the Act
6 Notify the Regional Director of the National Labor Rela-
tions Board, 5th Region, within ten (10) days from the date of
this Order what steps Respondent has taken to comply herewith.
8 It is further stipulated and agreed that the parties hereby
consent to the entry by the United States Circuit Court of Appeals
for the Fourth Circuit, upon application by the National Labor
- HENRIETTA MILLS ,711
Relations Board, of a consent decree enforcing an Order of the
Board in the form hereinabove set forth and hereby waives further
notice of the filing of the application for such decree.
9. It is understood and agreed that the entire agreement by
and between the parties hereto is contained within the terms of
this Stipulation and there is no verbal agreement of any kind which
varies, alters, or adds to this Stipulation '
10. 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 July 8, 1942, the Board issued its order approving the above
stipulation, making it a part of the record in the case and transferring
the proceeding to the Board for the purpose of entry of a Decision and
Order by the Board pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following -
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
Henrietta Mills is a corporation organized under and existing by
virtue of'the laws of the State of North Carolina, having its principal
office in the City and State of New York The respondent is engaged
in the manufacture of print cloth and other textiles and operates plants
located in Caroleen and Henrietta, North Carolina, and Cherokee
Falls, South Carolina Its plant at Henrietta, North Carolina, con-
stitutes an integral part of the respondent's system of manufacture.
During the calendar year of 1941, approximately 80 percent of the raw
materials used by the respondent in the production of products at its
Henrietta plant were secured from States of the United States other
than North Carolina, and during this same period approximately
80 percent of the products manufactured at said plant were shipped
to States of the United States other than North Carolina During the
calendar year 1941 the respondent manufactured at its Henrietta plant
in excess of $1,000,000 of print cloth and other textiles ,
The respondent admits, for the purpose of this proceeding, that in
the operation of its Henrietta plant it was and is engaged in 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, stipulation, and the
entire record in the case and pursuant to Section 10 %(c) of the Na-
712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Labor Relations Act, the National Labor Relations Board
hereby orders that Henrietta Mills, Henrietta, North Carolina, its
officers, agents, successors and assigns, shall.
1 Offer to J B Putnam, upon his application, a position,of oiler
and bander in the spinning department on the first shift at the Hen-
rietta plant, without prejudice to any rights and privileges previously
enjoyed by him
2 Place J B Putnam upon a preferential list to be offered employ-
ment as a warp-doffer on the first shift at the Henrietta plant when
such employment becomes available and before other persons are hired
for such-work
3. Offer to R. P Frazier full reinstatement to the job held by him
on or about March 1, 1942, without prejudice to any rights and privi-
leges previously enjoyed by said R P Frazier
4 Place R P Frazier upon a preferential list to be offei ed employ-
ment as an oiler and bander on the first shift at the Henrietta-plant
when such employment becomes available and befoie other persons
are hired for such work
5 Post immediately in conspicuous places throughout its place of
business at Henrietta, North Carolina, and maintain for a period of
at least sixty (60) consecutive days from the date of posting, notices
stating. (1) That the respondent will take the affirmative action set
forth in this Order; (2) That the respondent recognizes the rights of
its employees to self-organization, to form, join, or assist labor organ-
izations, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities, for the purpose of col-
lective bargaining or other mutual aid or protection; (3) That the
respondent will not interfere with, restiaii, or coerce its employees
in the exercise of their rights under Section 7 of the Act.
6 Notify the Regional Director of the National Labor Relations
Board, Fifth Region, within ten (10) days from the date of this Order
what steps respondent has taken to comply herewith