Spartan Mills

In the Matter of SPARTAN MILLS and TEx1ZLE WORKERS ORGANIZING COMMITTEE Case No. C-953.-Decided April 25,1939 Cotton Textile Industry-Settlement : stipulation providing for reinstatement of 10 employees with back pay-Order: entered on stipulation-Discrimination: charges of, dismissed as to persons mentioned in complaint and not reinstated. Mr. Maurice J. Nicoson, and Mr. G. P. Van Arkel, for the Board. Perrin & Tinsley, by Mr. L. W. Perrin, and Mr. Donald Russell, both of Spartanburg, S. C., for the respondent. Gantt d Brown, by Mr. Robert J. Gantt, and Mr. Clarence C. Brown, and Mr. John C. Williams, all of Spartanburg, S. C., for the T. W. 0. C. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Work- ers' 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 com- plaint dated November 4, 1937, and its amended complaint dated November 9, 1937, against the Spartan Mills, Spartanburg, South Carolina, 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. A copy of the complaint and the amended complaint, and notices of hearing thereon were duly served upon the respondent and the T, W. O. C. Concerning the unfair labor practices, the complaint, as amended, alleged, in substance, that the respondent terminated the employ- ment of and refused to reinstate 59 named employees because they joined and assisted the T. W. O. C. and engaged in concerted activi- ties with other employees of the respondent for the purpose of collec- 12 N. L. R. B., No. 54. 455 456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tive bargaining and other mutual aid and protection ; and that the respondent, by the aforesaid act, and by speeches, suggestions, and threats to its individual employees during a strike, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On November 15, 1937, the respondent filed its answer to the coin- plaint, as amended, in which it admitted the allegations concerning its corporate structure, but denied the allegations concerning the nature and scope of its business and the allegations of unfair labor practices, and moved to dismiss the complaint, as amended, on the ground that the respondent was not subject to the jurisdiction of the Board. Pursuant to notice, a hearing was held from January 4, 1938, to February 18, 1938, at Spartanburg, South Carolina, before James M. Brown, the Trial Examiner duly designated by the Board. The respondent, the T. W. O. C., and the Board, participated in the hear- ing and were represented by counsel. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On September 10, 1938, the Trial Examiner filed his Intermediate Report and on September 17, 1938, an amendment to said Report. The Trial Examiner found that the operations of the respondent affect commerce within the meaning of Section 2 (6) and (7) of the Act, that the discharging and/or failing or refusing to reinstate cer- tain named employees constituted unfair labor practices within the meaning of Section 8 (1) and (3), that the discharging and/or fail- ing or refusing to reinstate certain other named employees did not constitute an unfair labor practice within the meaning of Section 8 (1) and (3), as alleged, and recommended that the respondent cease and desist from its unfair labor practices, post notices of its intention to comply with the Act, and offer reinstatement with back pay to the employees found to have been unlawfully discharged or refused reinstatement. He further recommended that the com- plaint be dismissed as to the employees against whom the respondent was found not to have discriminated. On October 3, 19389 the respondent filed its exceptions to the Inter- mediate Report and a request for the privilege to file a brief and present oral argument. On October 4, 1938, the T. W. O. C. filed exceptions to the Intermediate Report and motions for oral argument and for leave to file a brief. On November 3, 1938, a hearing 1 for the purpose of oral argument was held before the Board in which all parties participated and were i The hearing was upon due notice to the parties after several postponements upon notice. SPARTAN MILLS 457 represented by counsel. Thereafter, both the respondent and the T. W. O. C. filed briefs in support of their respective exceptions. On March 27, 1939, the respondent and counsel for the Board en- tered into a stipulation in settlement of the case. This stipulation 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 Textile Workers Organizing Committee on July 6, 1937 and amended on July 19, 1937, alleging that respondent, Spartan Mills, had violated Section 8 (1) and (3) of the Na- tional Labor Relations Act, 49 Stat. 449; and complaint having been issued and served on November 4, 1937, and hearing having been held before a duly authorized agent of the National Labor Relations Board at Spartanburg, South Carolina, from January 4, 1938 to February 18, 1938; and Intermediate Report having been issued and served on September 10, 1938; 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 Spartan Mills, by its treasurer, W. S. Montgomery, and G. P. Van Arkel, attorney, National Labor Relations Board, as follows : 1. Spartan Mills is incorporated in the State of South Caro- lina, and is engaged in the manufacture, sale and distribution of cotton textile goods. It has its principal office and plant in the city of Spartanburg, State of South Carolina. In the manu- facture of cotton textile goods the principal raw materials used by the respondent are cotton, coal, starch, etc. Over 50 per cent of the raw materials used are imported from points outside the State of South Carolina to respondent's Spartanburg plant. The approximate total cost of such raw materials during the year 1938, including purchases made within and without the State of South Carolina, amounted to $1,250,000. Over 50 per cent of the finished products is shipped directly by the respondent to consumers outside the State of South Carolina. During the year 1938, total sales of the respondent amounted to more than $2,000,000. Respondent employs approximately 900 persons at its Spartanburg plant. Spartan 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. 2. The respondent, Spartan 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 and findings of fact and conclusions of law. 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. Upon the basis of the facts, stipulated in paragraph 1 above, the pleadings heretofore filed, the record, this stipulation, and by agreement of the parties hereto, the National Labor Rela- tions Board may enter its Order in the following form in the above-entitled case : ORDER On the basis of this stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Spartan Mills, its officers, agents, successors and assigns shall : 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self- organization, to form, join or assist labor organizations, to bar- gain collectively through representatives of their own choosing and to engage in concerted activities for the purposes of collec- tive 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 Jasper Bullman, Nettie Cannon, Tommie Corn, N. V. Dyson, Mary Goings, B. E. Holland, Bertha Hammett, Jean Tillotson, I. C. Whitlock and Dewey Wilson reinstatement to their former or substantially equivalent positions, without prejudice to their other rights and privileges previously enjoyed; (b) Make whole the employees named in paragraph 2 (a) above for any losses they have suffered by reason of their dis- charges or by reason of the refusal of the respondent to rein- state them by payment to these individuals of the amounts due them for time lost from employment between July 19, 1937, and November 11, 1938, within thirty (30) days of the approval of the Board of this stipulation; (c) Post immediately in conspicuous places throughout its Spartanburg plant 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. SPARTAN MILLS 459 And it is hereby ordered that the cases of all persons men- tioned in the above charge and not herein reinstated shall be dismissed. 4. It is the understanding of the parties that in carrying out Section 2 (a) of the above Order all persons therein named shall be returned to work within thirty (30) days of the entry of this Order, and Spartan Mills undertakes to offer employment to the individuals named in paragraph 2 (a) by registered mail, return receipt requested, with the understanding that if an an- swer is not received and definite employment arrangements made within ten (10) days, Spartan Mills will be relieved of further obligation to offer employment to such persons under this Order. It is the understanding of the parties that the exact amounts owing to the individuals named in paragraph 2 (a) of the Order will be computed by conferences between a representative of the Board and a representative of the management, and that checks will be made to these individuals by Spartan Mills. 5. The respondent, Spartan Mills, hereby consents to the entry by the United States Circuit Court of Appeals for the appro- priate circuit, upon application by the Board, of a consent de- cree enforcing an order of the Board in the form hereinabove set forth and hereby waives further notice of the application for such decree. 6. 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, 1938, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of a decision and order by the Board. Upon the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT2 Spartan Mills is incorporated in the State of South Carolina and has its principal office and plant in the city of Spartanburg, State of South Carolina. It is engaged in the manufacture, sale, and dis- tribution of cotton textile goods. In the manufacture of cotton textile goods the principal raw materials used by the respondent are cotton, coal, and starch. Over 50 per cent of the raw materials used 2 The findings in this section are based on stipulated facts. 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD are imported from points outside the State of South Carolina to respondent's Spartanburg plant. The approximate total cost of such raw materials during the year 1938, including purchases made within and without the State of South Carolina, amounted to $1,250,000. Over 50 per cent of the finished products is shipped directly by the respondent to consumers outside the State of South Carolina. During the year 1938, total sales of the respondent amounted to more than $2,000,000. The respondent employs approximately 900 persons at its Spartanburg plant. 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 Spartan Mills, Spartanburg, South Carolina, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights 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 purposes of collective bargaining or other mutual aid or protection 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 em- ployees 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 Jasper Bullman, Nettie Cannon, Tommie Corn, N. V. Dyson, Mary Goings, B. E. Holland, Bertha Hammett, Jean Tillot- son, I. C. Whitlock, and Dewey Wilson reinstatement to their former or substantially equivalent positions, without prejudice to their other rights and privileges previously enjoyed; (b) Make whole the employees named in 2 (a) above for any losses they have suffered by reason of their discharges or by reason of the refusal of the respondent to reinstate them by payment to these individuals of the amounts due them for time lost from employment between July 19, 1937, and November 11, 1938, within thirty (30) days of the approval of the Board of the above stipulation; SPARTAN MILLS 461 (c) Post immediately in conspicuous places throughout its Spartanburg plant 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 the respondent has taken to comply herewith. AND IT IS FURTHER ORDERED that the cases of all persons mentioned in the complaint previously filed in this case and not herein reinstated shall be, and the same hereby are, dismissed.