W. T. Carter and Brother

National Labor Relations Board - Board Decisions

Oct 11, 1950

91 N.L.R.B. 911 (N.L.R.B. 1950)

In the Matter of W. T. CARTER AND BROTHER, A PARTNERSHIP COM-
POSED OF : A. L. CARTER ; FRANKIE CARROLL BULLINGTON ; MARY
CARROLL IKEMPNER; LENA CARTER CARROLL ANDERSON; DOROTHY
TAYLOR AND GERTRUDE TAYLOR OTTo, IN THEIR INDIVIDUAL CAPACITIES
AND AS INDEPENDENT EXECUTRICES OF THE ESTATE OF JESSIE CARTER
TAYLOR; AGNESE CARTER NELMS; AGNESE CARTER NELMS, TRUSTEE
FOR HAYWOOD NELMS, JR. ; AGNESE CARTER NELMS, TRUSTEE FOR
AGNESE CARTER NELMS (HER DAUGII'rER) ; AGNESE CARTER NELMS,
TRUSTEE FOR NANCY CARTER NELMS ; FRANKIE CARTER RANDOLPH ;
FRANKIE CARTER RANDOLPH AND HUSBAND, R. D. RANDOLPH, CO-
TRUSTEES FOR MRS. AUBREY RANDOLPH SCOTT; FRANKIE CARTER
RANDOLPH AND HUSBAND, R. D. RANDOLPI, CO-TRUSTEES FOR MRS.
JEAN RANDOLPH LONGMAID; LENA CARTER CARROLL; AUBREY L. CAR-
TER, TRUSTEE FOR AUBREY L. CARTER, JR.; AUBREY L. CARTER, TRUSTEE
FOR THOMAS L. CARTER; W. T. CARTER, JR., A. L. CARTER, AND J.
WINSTON CARTER, TRUSTEES UNDER INSTRUMENT EXECUTED BY ERNEST
ANDERSON CARTER AND MARTHA CATON CARTER APRIL 4, 19 2 8 ; MRS.
FLORENCE TIIOMAS, INDIVIDUALLY, AND BYRON J. THOMAS, CARROLL
C. THOMAS, PEYTON F. THOMAS, AND TAYLOR W. THOMAS, AS INDE-
PENDENT EXECUTORS AND TRUSTEES UNDER THE LAST WILL OF JACK
THOMAS, DECEASED ; W. T. CARTER, JR. ; W. T. CARTER, III ; VICTOR N.
CARTER and INTERNATIONAL WOODWORKERS OF AMERICA, CIO
Case No. 16-CA-82
SUPPLEMENTAL DECISION AND ORDER
October 11, 19510
On August 22, 1950, the Board issued its Decision and Order 1 in
this case, finding that the Respondents had engaged in certain unfair
labor practices, and directing that the Respondents cease and desist
therefrom and take certain affirmative action.
On September 5, 1950, the Respondents filed a Motion for Rehearing,
in which they request a clarification of footnote 2 of the Decision
and Order, and in which they also request that the Board reconsider
the entire Decision and Order and. dismiss the complaint.
1 90 NLRB 2020.
91 NLRB No. 146.
911
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Respondents' request for a clarification of footnote 2 of the
Decision and Order is granted by amending said footnote to read as
follows :
The Respondents' motion to dismiss the complaint, because the
parent body of the Union herein was not in compliance with the
filing requirements of the Act at the time of the issuance of the
complaint (No affidavits were filed by the Congress of Industrial
Organizations prior to the date of the issuance of the complaint),
is denied. Bethlehem Steel Company, Shipbuilding Division, and
Bethlehem-Sparrows Point Shipyard, Inc., 89 NLRB 341; J. H.
Rutter-Rex Manufacturing Co., Inc., 90 NLRB 130.
The Respondents' request that the Board reconsider the entire
Decision and Order and dismiss the complaint raises no facts or issues
not previously considered, and is therefore denied.
ORDER
IT IS HEREBY ORDERED that the Respondents' Motion for Rehearing
be, and it hereby is, granted by amending footnote 2 of the Board's
Decision and Order as set forth above, and that in all other respects
said motion be, and it hereby is, denied.
Dated, Was3 irgton, D. C., October 11, 1950.
By direction of the Board :
FRANK M. KLEILER,
Executive Secretary.