Stowe Spinning Co.

National Labor Relations Board - Board Decisions

Oct 21, 1949

86 N.L.R.B. 703 (N.L.R.B. 1949)

In the, Matter of STOWE SPINNING COMPANY, ACME SPINNING COM-
PANY, PERFECTION SPINNING COMPANY, LINFORD MILLS, INC. and
TEXTILE WORKERS UNION OF AMERICA, C. I. O.
Case No. 5-C-1887
ORDER APPROVING STIPULATION AND AMENDING
DECISION AND ORDER
October 21, 1949
On August 26, 1946, the Board issued a Decision and Order in the
above-entitled proceeding. Pursuant to the opinion and judgment of
the Supreme Court of the United States entered on February 28, 1949,
and pursuant to the order entered by the United States Court of
Appeals for the Fourth Circuit on April 20, 1949, setting aside the
judgment theretofore entered by the Court on December 20, 1947, the
proceeding was remanded to the National Labor Relations Board for
amendment of its order to conform to the Board's findings and the
opinion of the Supreme Court. Thereafter, counsel for the Respond-
ents and the Board entered into a Stipulation, subject to the approval
of the Board, and the United States Court of Appeals for the Fourth
Circuit, providing for amendment to the said Decision and Order and
its Appendices A and B attached thereto,' in conformity therewith, and
for the entry of a consent decree in that Court, to enforce the Order of
the Board, as amended. The Board having duly considered the matter,
IT IS HEREBY ORDERED that the aforesaid Stipulation be, and it hereby
is, approved and made a part of the record herein; and
IT IS FURTHER ORDERED that the said Decision and Order and its
Appendices A and B attached thereto be, and they hereby are, amended
in accordance with the said Stipulation and that the Order and Appen-
dices A and B in the aforesaid Decision and Order shall read as
follows :
ORDER
Upon the basis of the foregoing findings of fact and conclusions of
law, and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that the Re-
spondent, Stowe Spinning Company, North Belmont, North Carolina,
its officers, agents, successors, and assigns, shall :
86 N. L. R. B., No. 104. 703
704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from :
(a) Discouraging membership in Textile Workers Union of Amer-
ica, C. I. 0., by discriminatorily discharging any of its employees or
by discriminating in any other manner in regard to their hire and
tenure of employment or any term or condition of their employment;
(b) Refusing to permit the use, subject to reasonable and non-
discriminatory terms and conditions, of the Patriotic Order Sons of
America Hall by its employees or employees of Acme Spinning
Company, Perfection Spinning Company, or Linford Mills, Inc.,
or by Textile Workers Union of America, C. I. 0., or any other labor
organization, as a meeting place for the purpose of self-organization
or collective bargaining, at times when the Hall is not being used by
the Patriotic Order Sons of America for legitimate activity, so long
as the Hall remains the only suitable, available meeting place in the
community; provided, that this provision shall in no way preclude
respondent from exercising its right lawfully to dispose of its said
property or use it for any other lawful purpose; and
(c) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to form
labor organizations, to join or assist Textile Workers Union of Amer-
ica, C. I. 0., or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Offer to John R. Hall, George W. Gainey, Mabel Gainey, and
Emma Louise Gainey immediate and full reinstatement to their for-
mer or substantially equivalent positions, without prejudice to their
seniority and other rights and privileges;
(b) Make whole the employees named in paragraph 2 (a), above,
for any loss of earnings that they may have suffered by reason of
the Respondent's discrimination against them, by payment to each of
them of a sum of money equal to the amount which each normally
would have earned as wages from the date of the discriminatory dis-
charge to the date of the respondent's offer of reinstatement, less his
or her net earnings during said period;
(c) Upon request, and offer to comply with such reasonable and
nondiscriminatory terms and conditions as may be prescribed, grant
to its employees and employees of Acme Spinning Company, Per-
fection Spinning Company, Linford Mills, Inc., and to Textile
Workers Union of America, C. I. 0., or any other labor organization,
STOWE SPINNING COMPANY 705
the use of the Patriotic Order Sons of America Hall as a meeting
place for the purpose of self-organization or collective bargaining,
at times when the Hall is not being used by the Patriotic Order Sons
of America for legitimate activity, so long as the Hall remains the
only suitable, available meeting place in the community; provided,
that this provision shall in no way preclude Respondent from exercis-
ing its right lawfully to dispose of its said property or use it for any
other lawful purpose; and
(d) Post at its mill in North Belmont, North Carolina, copies of
the notice attached hereto, marked "Appendix A." Copies of said
notice, to be furnished by the Regional Director for the Fifth Region,
shall, after being duly signed by the respondent's representative, be,
posted by the respondent immediately upon receipt thereof, and main-
tained by it for sixty (60) consecutive days thereafter, in conspicuous;
places, including all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Respondent to insure
that said notices are not altered, defaced, or covered by any other
material.
Upon the basis of the above findings of fact and conclusions of law,
and pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the Respond-
ents Acme Spinning Company, Perfection Spinning Company, and
Linford Mills, Inc., and their officers, agents, successors, and assigns,
shall :
1. Cease and desist from refusing to permit the use, subject to rea-
sonable and nondiscriminatory terms and conditions, of the Patriotic
Order Sons of America Hall by their employees or employees of Stowe
Spinning Company or by Textile Workers Union of America, C. I. 0.,
or any other labor organization, as a meeting place for the purpose
of self-organization or collective bargaining, at times when the Hall
is not being used by the Patriotic Order Sons of America for legiti-
mate activity, so long as the Hall remains the only suitable, available
meeting place in the community; provided, that this provision shall
in no way preclude Respondents from exercising their right lawfully to
dispose of their said property or use it for any other lawful purpose.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Upon request, and offer to comply with such reasonable and
nondiscriminatory terms and conditions as may be prescribed, grant
to their employees and employees of Stowe Spinning Company, and to
Textile Workers Union of America, C. I. 0., or any other labor organ-
ization, the use of the Patriotic Order Sons of America Hall as a meet-
706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing place for the purpose of self-organization or collective bargaining,
at times when the Hall is not being used by the Patriotic Order Sons
of America for legitimate activity, so long as the Hall remains the
only suitable, available meeting place in the community; provided,
that this provision shall in no way preclude Respondents from exercis-
ing their right lawfully to dispose of their said property or use it for
any other lawful purpose;
(b) Post at each of their mills in North Belmont, North Carolina,
copies of the notice attached hereto, marked "Appendix B." Copies of
said notice, to be furnished by the Regional Director for the Fifth
Region, shall, after being duly signed by the respective representative
of each Respondent be posted by the Respondents immediately upon
receipt thereof, and maintained by it for sixty (60) consecutive days
thereafter, in conspicuous places, including all places where notices to
employees are customarily posted. Reasonable steps shall be taken by
the Respondents to insure that said notices are not altered, defaced, or
covered by any other material; and
(c) Notify the Regional Director for the Fifth Region in writing
within ten (10) days from the date of this Order, what steps the
Respondents have taken to comply herewith.
IT IS FURTHER ORDERED that the Decision and Order as printed, shall
appear as hereby amended.
Dated, Washington, D. C., October 21, 1949.
By direction of the Board :
FRANK M. KLEILER,
Executive Secretary.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT in any manner interfere with, restrain, or coerce
our employees in the exercise of their right to self-organization,
to form labor organizations, to join or assist Textile Workers
Union of America, C. I. 0., or any other labor organization to
bargain collectively through representatives of their own choos-
ing, and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection.
WE WILL OFFER to the employees named below immediate and
full reinstatement to their former or substantially equivalent
positions without prejudice to any seniority or other rights and
STOWE SPINNING COMPANY 707
privileges previously enjoyed, and make them whole for any loss
of pay suffered as a result of the discrimination : John R. Hall,
George W. Gainey, Mabel Gainey, Emma Louis Gainey.
WE WILL NOT refuse to permit the use, subject to reasonable
and nondiscriminatory terms and conditions , of the Patriotic
Order Sons of America Hall by our employees or employees of
Acme Spinning Company, Perfection Spinning Company, Lin-
ford Mills , Inc., or by Textile Workers Union of America , C. I. 0.,
or any other labor organization , as a meeting place for the pur-
pose of self -organization or collective bargaining , at times when
the Hall is not being used by the Patriotic Order Sons of Amer-
ica for legitimate activity , so. long as the Hall remains the only
suitable , available meeting place in the community . Upon re-
quest, and offer to comply with such reasonable and nondis-
criminatory terms and conditions as may be prescribed , we will
grant to our employees and employees of Acme Spinning Com-
pany, Perfection Spinning Company and Linford Mills, Inc., and
to Textile Workers Union of America, C. I. 0., or any other labor
organization , the use of the Patriotic Order Sons of America Hall
as a meeting place for the purpose of self-organization or col-
lective bargaining , at times when the Hall is not being used by
the Patriotic Order Sons of America for legitimate activity, so
long as the Hall remains the only suitable, available meeting
place in the community ; provided , that this provision shall in no
way preclude us from exercising our right lawfully to dispose
of our said property or use it for any other lawful purpose.
All our employees are free to become or remain members of the
above-named union or any other labor organization . We will not
discriminate in regard to hire or tenure of employment or any
term or condition of employment against any employee because
of membership in or activity on behalf of any such labor organi-
zation.
STONE SPINNING COMPANY,
Employer.
Dated----------------- By -----------------------------
(Representative ) ( Title)
NOTE: Any of the above-named employees presently serving in the
armed forces of the United States will be offered full reinstatement
upon application in accordance with the Selective Service Act after
discharge from the armed forces.
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced, or covered by any other material.
708' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT refuse to permit the use, subject to reasonable
and nondiscriminatory terms and conditions, by our employees,
or by employees of the other North Belmont, North Carolina,
mills or by Textile Workers Union of America, C. I. 0., or any
other labor organization, of the Patriotic Order Sons of America
Hall as a meeting place for the purpose of self-organization or
collective bargaining, at times when the Hall is not being used
by the Patriotic Order Sons of America for legitimate activity,
so long as the Hall remains the only suitable, available meeting
place in the community; provided, that this provision shall in
no way preclude respondents from exercising their right lawfully
to dispose of their said property or use it for any other lawful
purpose.
Upon request, and offer to comply with such reasonable and
,nondiscriminatory conditions as may be imposed, we will grant
to our employees and to employees of the other North Belmont,
North Carolina, mills, and to Textile Workers Union of America,
C. I. 0., or any other labor organization, the use of the Patriotic
Order Sons of America Hall as a meeting place for the purpose
of self-organization or collective bargaining, at times when the
Hall is not being used by the Patriotic Order Sons of America
for legitimate activity, so long as the Hall remains the only suit-
able, available meeting place in the community; provided, that
this provision shall in no way preclude Respondents from exer-
cising their right lawfully to dispose of their said property or
use it for any other lawful purpose.
------------------------------
(Employer)
Dated ---------------- B3'------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.