Opp Cotton Mills, Inc.

National Labor Relations Board - Board Decisions

Mar 11, 1942

39 N.L.R.B. 671 (N.L.R.B. 1942)

In the Matter of Opp COTTON MILLS, INC. and UNITED TEXTILE
WORKERS OF AMERICA, AFFILIATED WITH AMERICAN FEDERATION
,OF LABOR
Case No.'C-2113.-Decided March 11, 1942.
Jurisdiction : textile manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Charles A. Kyle, for the Board.
Mr. Frank J. Mizell, Jr., of Andalusia, Ala., and Mr. Gessner T.
McCorvey, of Mobile, Ala., for the respondent.
Mr. Albert W. Cox, of Columbus, Ga., and Mr. George L. Googe, of
Atlanta, Ga., for the Union.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Textile Workers of America,
affiliated with the American Federation of Labor, herein called the
Union, the National Labor Relations Board, herein-called the Board,
by the Regional Director for the Fifteenth Region (New Orleans,
Louisiana) issued its complaint dated October 23, 1941, against Opp
Cotton Mills, • Inc., Opp, Alabama, 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 notice of hearing were duly served upon the respondent
and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that during and after March 1941 the respondent
questioned employees about their union affiliation, advised them not
to join the Union, solicited and intercepted information regarding the
membership of its employees in the Union, spied upon the union
meetings of its employees and kept the meeting places under surveil-
39 N. L. R. B., No. 128.
671
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lance, imposed unreasonable and harsh restrictions on the conduct of
its employees, caused threats of bodily harm to be made to organizers
of, and active members in, the Union, caused an officer of the Union
to be attacked and beaten and his life threatened, advised active
union leaders to leave town, and assisted and encouraged the town
council of Opp, Alabama, to pass ordinances prohibiting and penal-
izing the engaging in strikes, boycotts, picketing, and other lawful
union activites; (2) that on or about April 8, 1941, the respondent
discharged F. L. Hayes because of his membership in, and activities
on behalf of, the Union and since that date has failed and refused to
reemploy him; and (3) that by these'and other acts, the respondent
interfered with, restrained and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act. On February 2,
1942, the respondent filed an answer, denying that it had engaged in
any of the unfair labor practices alleged in the complaint.
Pursuant to notice, a hearing was held at Opp, Alabama, on Febru-
ary 5, 6, 7, 9, and 10, 1942, before Howard Myers, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board and the
respondent were represented by counsel; the Union, by its representa-
tives. All participated'in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. On February 10, 1942,
the hearing was closed subject to the approval by the Board of a
stipulation in settlement of the case entered into between counsel for
the Board, counsel for the respondent, and a representative of the
Union. On February 18, 1942, the same parties entered into an
amended stipulation which provides as follows:
STIPULATION
A charge having been filed by the United Textile Workers of
America, affiliated with the American Federation of Labor
(hereinafter designated the Union), with the Regional Director
of the National Labor Relations Board (hereinafter called the
Board) for the Fifteenth Region at New Orleans, Louisiana, on
May 2, 1941, alleging that the Opp Cotton Mills, Inc. (hereinafter
called the Respondent), has engaged in unfair labor practices
within the meaning of Section 8 (1), and 8 (3) of the National Labor
Relations Act; the Board through its Regional Director having
issued and served a complaint stating the charges; the Respondent
having filed its answer denying all allegations of unfair labor
practices as defined in the` National Labor Relations Act on the
part of Respondent; hearing having been commenced before a
duly designated Trial Examiner for the Board, and it being the
desire of the parties to conclude all proceedings before the
Board in this case.
-OPP COTTON MILLS, INC. 673
IT IS HEREBY STIPULATED AND AGREED by and
between the Opp Cotton Mills, Inc.; United Textile Workers of
America, affiliated with American Federation of Labor, and
Charles A. Kyle, Attorney, National Labor Relations Board,
Fifteenth Regional Office;
(1) That respondent is now, and has been since the,year 1933,
an Alabama corporation, engaged in the manufacture of cotton
textiles, maintaining its principal office and one factory in Opp,
Alabama; that it causes a substantial portion of its supplies,
machinery and equipment necessary to carry on its operations to
be purchased and transported to its plant in Opp, Alabama,
from states other than the State of Alabama, and that over 90%
of its finished products are sold-and shipped outside of the State
of Alabama in Interstate Commerce; that it employs about 400
employees and the value of the raw materials and supplies used
by respondent at its plant at Opp, Alabama, annually exceeds
$600,000, while the value of its finished products annually
exceeds $750,000.
(2) That the aforesaid Union is a labor organization within the
meaning of Section 2 (5) of the Act.
(3) That this Stipulation may be introduced in evidence by
filing it. with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C.
(4) That all parties hereto waive the right to further hearing
in this matter, and also waive the making of findings of fact and
conclusions of law by the National Labor Relations Board.
(5) That this Stipulation, together with the charge, complaint,
notice of hearing, and respondent's answer, shall constitute the
record in this case.
(6) That all the parties hereto expressly consent and agree
that upon this Stipulation and the record herein, and without
further notice or proceedings herein, the National Labor Relations
Board may enter an order in the following form in the above
entitled case:
ORDER
Upon the basis of this stipulation and the record herein, and
pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the
respondent , Opp Cotton Mills, Inc., and its 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
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 under Section 7 of the Act.
(b) Discourage membership in the United Textile Workers of
America, or any other labor organization of its employees, or
discriminate in regard to the hire and tenure of employment or
any term or condition of employment of its employees because of
their membership in United Textile Workers of,America, affili-
ated with American Federation of Labor, or any other organiza-
tion of its employees.
(2) Take the following affirmative action which the Board
finds will effectuate the policies of the Act:
(a) Pay over to F. L. Hayes $350 in full compromise and
settlement of all claims of every kind and character of said
F. L. Hayes under this proceeding, which amount shall include
reimbursement to F. L. Hayes of any expenses incurred by him in
this proceeding; but the respondent, Opp'Cotton Mills, Inc., is
not ordered to reinstate, employ, or to re-employ F. L. Hayes.
(b) Within 10 days from the date of this order, notify its
employees by posting copies of the following notice upon the
bulletin boards in its plant for a period of sixty consecutive days
from the date of posting, to-wit:
NOTICE
Opp Cotton Mills, Inc., recognizes the principles of the Na-
tional Labor Relations Act, and particularly the provisions of
Section 7 of said Act, providing that its employees shall have the
right to self-organization, to form, join or assist labor organiza-
tions, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities, for the purpose of
collective bargaining or for other mutual aid or protection.
Opp Cotton Mills, Inc. will not intimidate its employees in the
exercise of the rights guaranteed to them in Section 7 of said Act.
Opp Cotton Mills, Inc. will not discriminate in any manner
against its employees in the hire and tenure of employment
because of their membership in United Textile Workers of
America or any other labor organization.
By posting this notice, Opp Cotton Mills, Inc. does not in any
manner admit that it has at any time violated any of the provi-
sions of the National Labor Relations Act.
OPP COTTON MILLS, INC.,
By ----------------------------
Manager
OPP COPTON MILLS, INC. 675
(c) Notify the Regional Director for the Fifteenth Region of
the National Labor Relations Board in writing , within 10 days
from the date of this order, what steps respondent has taken to
comply herewith.
(7) That the Opp Cotton Mills, Inc., will , in good faith,
comply with the terms of the above order.
(8) The respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the Fifth Circuit upon appli-
cation of the Board of a consent decree enforcing an order of the
Board in the form hereinabove set forth and hereby waives
further notice of application for such decree . The Board' will, as
soon as conveniently possible make application for said consent
decree.
(9) That the execution of this stipulation and entry of said
decree shall conclude all proceedings before the Board in the
above-entitled case.
(10) 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.
(11) It is hereby expressly determined and declared that the
entering of the above stipulated order shall in no manner be
construed as a finding that the respondent, Opp Cotton Mills,
Inc., has been guilty of any unfair labor practices alleged and set
forth in the complaint , or that it has in any way violated the
National Labor Relations Act.
(12) That this stipulation is subject to the approval of the
Board and shall become effective immediately upon the granting
of such approval.
On February 24, 1942, the Board issued its Order approving the
stipulation , making it a part of the record in the case, and pursuant to
Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the proceeding to the
Board , for the purpose of entry of a Decision and Order pursuant to the
provisions of said stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Opp Cotton Mills, Inc. is an Alabama corporation , maintaining its
principal office and factory in Opp, Alabama. It is engaged in the
manufacture of cotton textiles. The value of 'raw materials and
supplies used by the respondent annually exceeds $600,000. A sub-
676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stantial portion of its supplies, machinery, and equipment are shipped
to its plant from places outside the State of Alabama. The value of
its finished products annually exceeds $750,000. Over 90 percent of
its finished products are sold and shipped to places outside the State
of Alabama.
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 Opp Cotton Mills, Inc., Opp, Alabama, its 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 under Section 7 of the Act;
(b) Discourage membership in the United Textile Workers of
America, or any other labor organization of its employees, or dis-
criminate in regard to the hire and tenure of employment or any term
or condition of employment of its employees because of their member-
ship in United Textile Workers of America, affiliated with American
Federation of Labor, or any other organization of its employees.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Pay over to F. L. Hayes $350 in full compromise and settlement
of all claims of every kind and character of said F. L. Hayes under
this proceeding, which amount shall include reimbursement to F. L.
Hayes of any expenses incurred by him in this proceeding; but the
respondent, Opp Cotton Mills, Inc., is not ordered to reinstate,
employ, or to reemploy F. L. Hayes;
(b) Within ten (10) days from the date of this, order, notify its
employees by posting copies of the following notice upon the bulletin
boards in its plant for a period of sixty (60) consecutive days from the
date of posting, to-wit:
NOTICE
Opp Cotton Mills, Inc., recognizes the principles of the National
Labor Relations Act, and particularly the provisions of Section
7 of said Act, providing that its employees shall have the right
OPP COTTON MILLS, INC. 677
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 for other mutual aid or protection.
Opp Cotton Mills, Inc. will not intimidate its employees in the
exercise-of the rights guaranteed to them in Section 7 of said Act.
Opp Cotton Mills, Inc. will not discriminate in any manner
against its employees in the hire and tenure of employment
because of their membership in United Textile Workers of
America or any other Labor Organization.
By posting this notice, Opp Cotton Mills, Inc. does not in any
manner admit that it has at any time violated any of the provi-
sions of the National Labor Relations Act.
OPP COTTON MILLS, INC.
By: ------------------------
Manager
(c) Notify the Regional Director for the Fifteenth Region of the
National Labor Relations Board in writing, within ten (10) days from
the date of this order, what steps the respondent has taken 'to comply,
herewith.