Startex Mills

National Labor Relations Board - Board Decisions

May 31, 1939

12 N.L.R.B. 1402 (N.L.R.B. 1939)

In the Matter of STARTEX MILLS and TEXTILE WORKERS
ORGANIZING COMMITTEE
Case No. C-1224.-Decided May 31, 1939
Cotton Textile Industry-Settlement : stipulation providing for compliance
with the Act-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 Startex Mills, Tucapau,
South Carolina, herein called the respondent, alleging that the re-
spondent 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. A copy of the complaint 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 35 named employees because they joined and
assisted a labor organization known as the United Textile Work-
ers of America, now known as Textile Workers Organizing Com-
mittee, and engaged in concerted activities with other employees
of the respondent for the purpose of collective bargaining and other
mutual aid and protection ; that the respondent has threatened said
employees with discharge or other reprisal if they became or remained
members of said Union; and that the respondent, by the aforesaid
acts, and by urging, persuading, and warning its employees to refrain
from becoming or remaining members of said Union, and by other
12 N. L. R. B., No. 135.
1402
STARTEX MILLS 1403
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
issuance of the Board's complaint, the respondent and counsel for the
Board entered into a stipulation in settlement of the case. This stipu-
lation 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 United Textile Workers of America on
February 25, 1936, and amended charges having been filed by
the Textile Workers Organizing Committee on August 1, 1937,
March 14, 1938, and February 27, 1939, alleging that the re-
spondent, Startex Mills, had violated Section 8 (1), (3) and
(5) 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 Startex
Mills, by its president and treasurer, W. S. Montgomery, and
G. P. Van Arkel, attorney, National Labor Relations Board, as
follows :
1. The Stratex Mills was incorporated in the State of South
Carolina in May 1936, and is engaged in the manufacture, sale,
and distribution of cotton textile goods. Respondent has its
principal office and plants in the village of Tucapau, South
Carolina, and owns and operates three plants in the village of
Tucapau, South Carolina, for the manufacture of cotton textile
goods. Its print cloth mill in Tucapau employs approximately
450 persons; its bleachery employs approximaely 100 persons;
and its crash mill employs approximately 250 persons. In the
manufacture of cotton textile products and in the operation of
its plants the principal raw materials used by the respondent
are cotton and flax, coal, starch, etc. Over 50 per cent of the
raw materials used by the respondent in its plants at Tucapau
are imported from points outside the State of South Carolina.
For the year 1938 purchases of such raw materials amounted
to more than $750,000, including purchases within and without
the State of South Carolina. More than 50 per cent of respond-
ent's finished products is shipped directly by the respondent to
consumers outside the State of South Carolina. During the
year 1938 total sales of respondent amounted to more than
$1,500,000.
Startex Mills admits that it is engaged in interstate commerce
within the meaning of Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449.
1404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The respondent, Startex Mills, waives all further or other
procedure provided by the National Labor Relations Act or the
Rules and Regulations of the National Labor 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 agreement
of the parties hereto, the National Labor Relations Board may
enter its Order in the following form in the above-mentioned
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 Startex Mills, its officers, agents,
successors and assigns shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining, or co-
ercing its employees in the exercise of their rights to self-organi-
zation, to form, join or assist labor organizations, to bargain
collectively through 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) 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
condition of their employment;
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to C. L. Gibson, S. P. Caldwell, B. C. Comer, G. W.
Moore, Bessie Barnett, Edgar Brown, Maggie Brown, Hazel
Caldwell, N. W. Charles, Christine Charles, Mae DeYoung, Barnie
DeYoung, R. O. Henry, Helen Jackson, Janie Lavender, Eunice
Powers, L. B. Powers, Dadie Rogers, D. W. Rollins, Leila Sud-
duth, and Scott Sudduth reinstatement to their former or sub-
stantially equivalent positions within thirty (30) days from the
entry of this Order, without prejudice to their other rights and
privileges previously enjoyed;
(b) Place M. E. Dryman, Levi Frost, Thula Mae Hill, Charles
Powell, Lila Roddy, Eulas Self, Annie Lou Smith, Lois Thomason,
Lyda Thomason, Emmie Watters, Agnes Vehaun, T. M. Jenkins,
Will Davis, and Elbert Guy on a preferential list to be given em-
ployment as soon as employment becomes available, without preju-
dice to their rights and privileges previously enjoyed;
STARTEX MILLS 1405
(c) Post immediately in conspicuous places throughout its
Tucapau plants 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 respondent has taken to comply herewith.
And it is hereby ordered that the cases of all persons mentioned
in the above charge and not herein reinstated shall be dismissed.
4. It is the understanding of the parties that the offer of rein-
statement to the 20 individuals named in paragraph 2 (a) of the
above Order shall be within thirty (30) days of the entry of the
above Board Order. The offer of reinstatement may be made by
registered mail or orally. In the event any of the individuals
named in paragraph 2 (a) of the above Order are offered employ-
ment by registered mail, return, receipts requested, and their
answer is not received and definite employment arrangements
made within ten (10) days, Startex Mills will be relieved of further
obligation to offer employment to such persons under this Order.
It is the understanding of the parties that Startex Mills is released
from any claim for back pay, which is alleged to be due any per-
sons named in the original charge or any amendment thereto, to
the date hereof.
5. It is the understanding of the parties hereto that when jobs
become available the individuals placed on a preferential list
pursuant to paragraph 2 (b) and (c) of the above Order shall be
subject to the same provisions outlined above in paragraph 4.
6. The respondent, Startex Mills, hereby consents to the entry
by the United States Circuit Court of Appeals for the appropriate
circuit, upon application by the Board, of a consent decree enforc-
ing an order of the Board in the form hereinabove set forth and
hereby waives further notice of the application for such decree.
7. 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 proceed-
ing 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, a stipulation theretofore agreed upon by the
1406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respondent and counsel for the Board, and other pleadings were ad-
mitted into evidence and incorporated into the records.
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 THE RESPONDENT
Startex Mills, a South Carolina corporation, is engaged in the manu-
facture, sale, and distribution of cotton textile goods. The respondent
has its principal office and owns and operates three plants in the village
of Tucapau, South Carolina. Its print cloth mill in Tucapau employs
approximately 450 persons; its bleachery employs approximately 100
persons; and its crash-mill employs approximately 250 persons. The
principal raw materials used by the respondent are cotton, flax, coal,
and starch. Over 50 per cent of the raw materials are imported from
points outside the State of South Carolina to the respondent's Tucapau
plants. For the year 1938 purchases of such raw materials amounted
to more than $750,000, including purchases within and without the
State of South Carolina. More than 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 respondent amounted to more than $1,500,000.
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 Startex Mills, Tucapau, South Carolina, its officers,
agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or c2ercing its
employees in the exercise of their rights to self-organization, to form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing and to engage in concerted activities
for the purposes of collective bargaining or other mutual aid or protec-
tion 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 employees
or in any other manner discriminating in regard to their hire or tenure
of employment or any term or condition of their employment.
STARTEX MILLS 1407
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to C. L. Gibson, S. P. Caldwell, B. C. Comer, G. W. Moore,
Bessie Barnett, Edgar Brown, Maggie Brown, Hazel Caldwell, N. W.
Charles, Christine Charles, Mae DeYoung, Barnie DeYoung, R. O.
Henry, Helen Jackson, Janie Lavender, Eunice Powers, L. B. Powers,
Dadie Rogers, D. W. Rollins, Leila Sudduth, and Scott Sudduth rein-
statement to their former or substantially equivalent positions within
thirty (30) days from the entry of this Order, without prejudice to
their other rights and privileges previously enjoyed;
(b) Place M. E. Dryman, Levi Frost, Thula Mae Hill, Charles
Powell, Lila Roddy, Eulas Self, Annie Lou Smith, Lois Thomason,
Lyda Thomason, Emmie Watters, Agnes Vehaun, T. M. Jenkins, Will
Davis, and Elbert Guy on a preferential list to be given employment
as soon as employment becomes available, without prejudice to their
rights and privileges previously enjoyed;
(c) Post immediately in conspicuous places throughout its Tucapau
plants 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.
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