Burlington Mills Hosiery Co.

In the Matter of BURLINGTON MILLS HOSIERY COMPANY AND TOWN HOUSE HOSIERY MILLS, INC. and AMERICAN FEDERATION OF HOSIERY WORKERS Case No. C-2095.-Decided February 24,'1942 Jurisdiction : hosiery manufacturing industry. Settlement : stipulation providing for compliance with the Act Remedial Orders : entered on stipulation. Mr. William M. Aicher and Mr. Earle K. Sliawe, for the Board. Mr. D4 E. Hudgins, of Greensboro, North Carolina, for the respondents. Mr. John W. Seltzer, of Philadelphia, Pa., for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by the American Federation of Hosiery Workers, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifth Region (Baltimore, Maryland), issued its complaint dated January 8, 1942, against Burlington Mills Hosiery Company, Greens- boro, North Carolina, and Town House Hosiery Mills, Inc., Chil- howie, Virginia, herein called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor prac- tices 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, accom- panied by notice of hearing, were duly served upon respondents and the Union. Concerning the unfair labor practices, the complaint alleged- in substance (1) that the respondents on about May 6, 1941 did dis- charge and thereafter refused to reinstate Hattie Daniels; (2) in August 1940 transferred Murphy White from his job to a less de- 39 N. L. R. B., No. 24. 132 BURLINGTON MILLS HOSIERY COMPANY 133 sirable and less remunerative job at another place, and from January 1, 1941 to date of the complaint, discriminated against him in the assignment of work, for the reason that each of these employees assisted the Union and engaged in concerted activities with other employees of the respondents for the purposes of collective bargain- ing and other mutual aid and protection; and (3) by the foregoing acts and by threatening employees with transfer, lay-off, discharge, and other reprisals if they became or remained members of the Union, the respondent interfered with, restrained, and coerced their em- ployees in the exercise of their rights guaranteed in Section 7 of the Act. On January 16, 1942, the respondents filed their answers to the com- plaint which denied that the respondents had engaged in the alleged unfair labor practices and set forth certain affirmative defenses. Prior to a hearing,' the respondents, the Union, and the Board entered into a stipulation dated February 2, 1942, subject to the ap- proval of the Board, in settlement of the case. This stipulation pro- vides as follows : STIPULATION A second amended charge having been filed by American Fed- eration of Hosiery Workers, affiliated with the Congress of In- dustrial Organizations, with the Regional Director of the Na- tional Labor Relations Board (hereinafter called the Board) for the Fifth Region at Baltimore, Maryland, on January 8, 1942, alleging that the Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc. has engaged in unfair labor prac- tices within the meaning of Section 8, subsections •(1) and (3) of the National Labor Relations Act; the Board through its Regional Director having issued and served a complaint 'stat- ing the charges, service of which is hereby acknowledged by the parties; the Respondents having filed their answers; and it be- ing the desire of the parties to conclude all proceedings before the Board in this case, It is hereby stipulated and agreed by and between Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc. (hereinafter called the Respondents), the American Federation of Hosiery Workers (hereinafter called the Union), and William M. Aicher, Regional Director, and Earle K. Shawe, Attorney, National Labor Relations Board, as follows : The hearing had originally been scheduled for January, 26, 1942. On January 26, 1942, the Regional Director postponed the hearing indefinitely. 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I The Respondent Burlington Mills Hosiery Company is a part- nership composed of the following companies : Royal Oak Hosiery Mills, Inc., Marion, Virginia; Town House Hosiery Mills, Inc.,, Chilhowie, Virginia; Salem Full Fashioned Hosiery Mills, Inc., Salem, Virginia; Grayson Full Fashioned Hosiery Mills, Inc., Independence, Virginia; N Randleman Full Fashioned Hosiery Mills, Inc., Randleman, N. C. Wadesboro Full Fashioned Hosiery Mills, Inc., Wadesboro, N. C. and said partnership has its principal place of business in Greensboro, North Carolina, and is engaged in the manufac- ture, sale, and distribution of full fashioned hosiery. II Respondent Burlington Mills Hosiery Company assists in formulating, directing, and participates in, the labor relations policy of the Town House Mill of the Respondent Town House Hosiery Mills, Inc. III Respondent Town House Hosiery Mills, Inc., is and has been for some time a corporation duly organized and existing by vir- tue of the laws of the State of Virginia, having its principal office and place of business in the town of Chilhowie, State of Virginia. IV Respondents Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc., are now and have been continuously engaged at a place of business in the town of Chilhowie, state of Virginia, hereinafter called the Town House Mills, in the manu- facture of ladies' full fashioned hosiery. In the course and con- duct of their, business the Respondents use more than one hundred thousand ($100,000) dollars' worth of raw materials annually at their Town House Mills, most or all of which is shipped to the Town House Mills from states other than the state of Virginia. In the course and conduct of their business at the Town House Mills said Respondents 'manufacture full fashioned hosiery amounting in value in excess of two hundred thousand ($200,000) dollars annually, of which more than fifty (50) per cent is shipped from the Town House Mills to points BURLINGTON MILLS HOSIERY COMPANY 135 and places located in states other than the State of Virginia. Said respondents normally employ approximately one hundred and seventy-five (175 ) employees at the Town House Mills. For the purposes of this proceeding said Respondents stipu- late that they are engaged in interstate commerce within the meaning of the National Labor Relations Act. V American Federation of Hosiery Workers, affiliated with the Congress of Industrial Organizations , is a labor organization within the meaning of Section 2 ( 5) of the National Labor Relations Act. VI All parties hereto agree that the second amended charge, com- plaint and notice of hearing, copy of the Board's Rules and Regulations, Series 2, as amended; and the answer of the Re- spondents, and this Stipulation , shall constitute the entire record in this case , alid that said documents shall become the record herein by filing with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. VII All parties hereto waive all further or other procedure pro- vided 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. VIII On the basis of the facts stipulated to herein , 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-entitled case: ORDER The National Labor Relations , Board hereby orders that Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc., their respective 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 136 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 in Section 7 of the Act. (b) Urge, persuade or warn its employees, or any of them, at the Town House Mills, to refrain from becoming or remaining members of the American Federation of Hosiery Workers, C. I. 0., or any other labor organizations of its employees. (c) Discourage membership in the American Federation of Hosiery Workers, or any other labor organizations of its' em- ployees, by discharging or refusing to reinstate any of its em- ployees, or ' in any other manner discriminating in-regard to their hire or tenure of employment or terms or conditions of their employment. 2. Shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to Hattie Daniels immediate and full reinstatement to the same position which she held immediately prior to May 5, 1941, without prejudice ' to her seniority or other rights and privileges. (b) Post immediately, - in conspicuous places in the Town House Mills, and maintain for a period of at least sixty consecu- tive days, notice to its employees, stating that: (1) Respondents Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc., will not engage in any of the acts or practices set forth in Paragraph 1, (a), (b) and (c) of this Order; (2) that' they will take the affirmative action ordered in Paragraph 2, (a) and (b) of this Order; (3) Respondents' employees are free to become or remain members of the American Federation of Hosiery Workers, C. I. 0., and that the Respondents will not discriminate against any employee because of membership or activity in that organization. (c) Notify the Regional Director for the Fifth Region of the -Board in writing, within ten days from the date of this Order, what steps the said Respondents have taken to comply herewith. : AND IT IS FURTHER ORDERED that the Complaint, insofar as it alleges that the Respondents have discriminated in regard to the hire and tenure of employment of Murphy White, be, and hereby is, dismissed. IX It is further agreed that if the Respondents Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc., fail to comply with the terms of this Stipulation, and the Consent Order above set forth, the Board may upon ten days' notice to BURLINGTON MILLS HOSIERY COMPANY 137 the Respondents Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc., make application to the United States Circuit Court of Appeals for the Fourth Circuit for the entry of a decree enforcing the said Consent Order. The Re- spondents Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc., hereby waive all rights to contest the entry of the decree, except upon the question of compliance with the terms of the consent order. X That the execution of this Stipulation shall conclude all pro- ceedings before the Board in the above-entitled case, and it is expressly understood and agreed that this Stipulation and the Order provided for therein, shall be a complete and final dis- position of all the issues raised by the charges and complaint in this proceeding, and that no other or further procedure, order or decree, other than those provided for herein, shall be insti- tuted or made with respect to the subject matters contained in the charges and complaint herein against any of the parties to this Stipulation. XI It is expressly understood by the parties hereto, that this Stipulation does not constitute an admission by the Respondents, of any of the allegations of the commission of an unfair labor practice or practices, as contained in the charges or the com- plaint herein, and the said Respondents expressly deny that they have violated in any manner the National Labor Relations Act as alleged in the charges and complaint herein. XII 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. XIII That this Stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. On February 11, 1942, the Board issued its order approving the above stipulation making it a part of the record in the case and pur- suant to Article II, Section 36, of National Labor Relations Board 138 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD Rules and Regulations-Series 2, as amended , transferring the pro- ceeding to the Board for the purpose of entering a Decision and Order pursuant to the provisions of the stipulation. Upon the basis of the above stipulation, and the entire record in the case, the Board makes the following: FINDINGS OF FACT THE BUSINESS OF THE RESPONDENTS Burlington Mills Hosiery Company is a partnership composed of the following companies : Royal Oak Hosiery Mills, Inc., Marion , Virginia ; Town House Hosiery Mills, Inc., Chilhowie , Virginia; Salem Full Fashioned Hosiery Mills, Inc., Salem, Virginia; Grayson Full Fashioned Hosiery Mills, Inc., Independence, Virginia ; Randleman Full Fashioned Hosiery Mills. Inc., Randleman, N. C.; Wadesboro Full Fashioned Hosiery Mills, Inc., Wadesboro, N. C., having its principal office and place of business in Greensboro, North Carolina, and is engaged in the manufacture, sale, and distribu- tion of full fashioned hosiery. Town House Hosiery Mills, Inc., is a Virginia corporation having its principal office and place of business in Chilhowie , Virginia . Respondents are engaged, in the State of Virginia, in the manufacture of ladies ' full fashioned hosiery. Re- spondents purchase annually raw materials valued at $100 ,000, most or all of which are shipped from points outside the State of Virginia. Respondents manufacture finished products in excess of $200,000 an- nually, of which more than 50 percent are shipped to points outside of the State of Virginia. The respondents admit, for the purposes of this proceeding, that they are engaged in commerce within the meaning of the Act. We find that the above -described operations constitute a continu- ous 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 Burlington Mills Hosiery Company -and Town House Hosiery Mills, Inc., their respective officers, agents , successors, and assigns : BURLINGTON MILLS HOSIERY COMPANY 139 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 repre- sentatives of their own choosing and' to engage in concerted activities for the purpose of collective bargaining or other mutual aid or pro- tection, as guaranteed in Section 7 of the Act; (b) Urge, persuade or warn its employees, or any of them, at the Town House Mills, to refrain from becoming or remaining members of the American Federation of Hosiery Workers, C. 1. 0., or any other labor organizations of its employees; (c) Discourage membership in the American Federation of Hosiery Workers, or any other labor organizations of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment or terms or conditions of their employment. 2. Shall take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act : (a) Offer to Hattie Daniels immediate and full reinstatement to the same position which she held immediately prior to May 5, 1941, without prejudice to her seniority or other rights and privileges; (b) Post immediately, -in conspicuous places in the Town House Mills, and maintain for a period of at least sixty consecutive days, notice to its employees, stating that : (1) Respondents Burlington Mills Hosiery Company and Town House Hosiery Mills, Inc., will not engage in any of the acts or practices set forth in Paragraph 1, (a), (b), and (c) of this Order; (2) that they will take the affirma- tive action ordered in Paragraph 2, (a) and (b) of this Order; (3) Respondents' employees are free to become or remain members of the American Federation of Hosiery Workers, C. I. 0., and that the Respondents will not discriminate against any employee because of membership or activity in that organization ; (c) Notify the Regional Director for the Fifth Region of the Board in writing, within ten days from the date of this Order, what steps the said Respondents have taken to comply herewith, AND IT Is FURTHER ORDERED that the Complaint, insofar as it alleges that the Respondents have discriminated in regard to the hire and tenure of employment of Murphy White, be, and hereby is, dismissed. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Order.