Highland Park Manufacturing Co.

In the Matter of HIGHLAND PARK MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA Case No. C-1961.-Decided October 17, 1941 Jurisdiction : broadcloth and shirting manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Allan R. Rosenberg, for the Board. Mr. T. W. Church and Guthrie, Pierce & Blakeney, by Mr. W. S. Blakeney, of Charlotte, N. C., for the respondent. Mr. R. R. Lawrence, of Charlotte, N. C., for the Union. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Textile Workers Union of America, 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 July 11, 1.941, against Highland Park Manufacturing Company," Charlotte, North 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. Copies of the complaint and notice of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance (1) that the respondent on or about March 5, 1941, dis- charged O. T. Dewease and since that date refused to reinstate him because he assisted the Union and engaged in concerted activities with other employees for the purposes of collective bargaining and other mutual aid and protection; (2) that the respondent from on or about 1 Erroneously designated "Highland Park Manufacturing Company, Mill No. 3" In the charge. 36 N. L. R. B., No. 34. 184 HIGHLAND PARK MANUFACTURING COMPANY 185 December 1940 to the date of issuance of the complaint urged, per- suaded, and warned certain of its employees to refrain from becoming or remaining members of the Union, and kept under surveillance the meetings and meeting places of members of the Union. On or about July 22, 1941, the respondent filed an answer admit- ting the allegations of the complaint concerning the nature and extent of its business but denying the allegations of unfair labor practices and alleging certain affirmative defenses. Accompanying its answer the respondent filed a motion to dismiss paragraph 6 of the complaint and a motion in the nature of a request for a bill of particulars in respect to said paragraph. Pursuant to notice a hearing was begun on July 24, 1941, at Char- lotte, North Carolina, before William P. Webb, the Trial Examiner duly designated by the Chief Trial Examiner, and was then postponed indefinitely in anticipation of settlement of the case by stipulation. On July 24, 1941, the respondent, the Union, and counsel for the Board entered into a stipulation. The stipulation provides as follows : It is hereby stipulated and agreed by and between the High- land Park Manufacturing Company, hereinafter referred to as the Respondent, Textile Workers Union of America, hereinafter referred to as the Union, and Allan R. Rosenberg, Attorney for the National Labor Relations Board : I Upon charges filed by Textile Workers Union of America, the National Labor Relations Board, by the Regional Director for the Fifth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449 and pursuant to Article IV, Section 1 of the National Labor Relations Board Rules and Regulations-Series 2, as amended, duly issued its Complaint and Notice of Hearing on July 11, 1941 against the Respondent herein. II This Stipulation together with the charges, National Labor Relations Board Rules and Regulations-Series 2, as amended, Complaint and Notice of Hearing, Affidavit as to Service of said Complaint and Notice of Hearing shall constitute the entire record in this_case and may be filed with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. III All the parties hereto waive their right to a hearing and to the making of Findings of Fact and Conclusions of Law by the 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Labor Relations Board herein, and to any other or further procedure before said Board. IV The respondent, a North Carolina corporation with its princi- pal place of business at Charlotte, North Carolina, is engaged in manufacturing and selling broadcloth and shirting. It owns and operates three mills, each separate manufacturing establish- ments. Mill No. 1 and Mill No. 3, hereinafter referred to as the Charlotte plant, are located in Charlotte, North Carolina, and Mill No. 2 is located at Rock Hill, South Carolina. In July 1941 approximately 250 persons were employed in Mill No. 1, approxi- mately 400 persons in Mill No. 2, and approximately 1250 persons in Mill No. 3. The raw materials used by the respondent at its Charlotte plant in the process of manufacturing average in cost approximately $28,000 per week and consist of cotton , dyestuffs, machinery and machinery supplies, sizing and starch . These raw materials are shipped to the Charlotte plant of the respondent by rail and truck from points in Mississippi, Tennessee , Delaware, New Jersey, Massachusetts , Georgia and Michigan. About 95 percent of the finished product manufactured by the company at its Charlotte plant is sold and shipped f. o. b. by the mill to customers located outside the State of North Carolina , more than half of these products being shipped to customers in the State of New York and some to customers in all . the other States and principal cities of the United States. The average weekly value of these finished products manufactured at the Charlotte plant of the respondent is approximately $50,000. V Textile Workers Union of America is a labor organization with- in the meaning of Section 2,• subdivision 5 of the National Labor Relations Act. VI Upon this Stipulation, and upon the record herein, and by agree- ment of the parties hereto, the following Order may forthwith be entered by the National Labor Relations Board, without further notice to the Respondent and with its consent, which is hereby expressly granted : 1. Respondent, Highland Park Manufacturing Company, its officers, agents, successors and assigns, shall cease and desist from (a) Urging, persuading or warning its employees not to become or not to remain members of the Textile Workers Union of Amer- HIGHLAND PARK MANUFACTURING COMPANY 187 ica or any other labor organization of their own choosing ; keeping under surveillance the meeting places of Textile Workers Union of America of [sic] any other labor organization among its em- ployees; or in any other manner interfering with, restraining, or coercing its employees in the exercise of their right to form, join, or assist labor organizations , to bargain collectively through repre- sentatives of their own choosing and to engage in concerted activi- ties for the purpose of collective bargaining or other mutual aid or protection. (b) Discouraging membership in Textile Workers Union of America or any other labor organization of its employees by dis- charging and refusing to reinstate employees or otherwise dis- criminating in respect to hire or tenure of employment or any term or condition of employment or by threats of such discrimina- tion. 2. Respondent , the Highland Park Manufacturing Company, its officers, agents, successors and assigns shall take the following affirmative action to effectuate the purpose and policy of the Na- tional Labor Relations Act. (a) Within ten (10) days of the effective date of this Stipula- tion, offer to Oscar T. Dewease the sum of $959 .39, without rein- statement to his former position as an employee of the .Highland Park Manufacturing Company. (b) Post immediately in conspicuous places at its Charlotte plant and maintain for a period of at least sixty (60) consecutive days from the date of posting notices to its employees as follows : 1. The Highland Park Manufacturing Company, its officers, agents, successors and assigns, will not urge, persuade or warn its employees not to become or not to remain members of Textile Workers Union of America or any other labor organization of their own choosing ; will not keep under surveillance the meeting place of Textile Workers Union of America or any other labor organization of its employees ; and will not in any other manner interfere with, restrain , or coerce its employees in the exercise of their right 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 purpose of collective bargaining or other mutual aid or protection. 2. The Highland Park Manufacturing Company has paid to Oscar T. Dewease the sum of $959.39 , without reinstatement to his former position as an employee of-the Highland Park Manu- facturing Company. 3. The employees of the Highland Park Manufacturing Com- pany are free to become or remain members of any labor organ- 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ization of their own choosing. The Company will not discrimi- nate against any employee because of his membership or activity in the Textile Workers Union of America or any other labor organization of his own choosing. (c) File with the Regional Director of the Fifth Region within ten (10) days from the date of the entry'by the National Labor Relations Board of this Order a report in writing setting forth in detail the manner and form in which it has complied with the foregoing requirements consistent with the provisions of this Order. VII Respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate Circuit, upon appli- cation of the National Labor Relations Board, of a consent decree enforcing the Order of the National Labor Relations Board, in the form set forth in Paragraph VI above, and hereby waives further notice of the application for such decree. VIII It is understood and agreed that this Stipulation embodies the entire agreement between the parties and there is no verbal agree- ment of any kind which varies, alters, or adds to this Stipulation. IX It is understood and agreed further that this Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice. granting such approval. On September 6, 1941, the Board issued an order approving the above stipulation, making it a part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entry of 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 1. THE BUSINESS OF THFJ RESPONDENT Highland Park Manufacturing Company is a North Carolina cor- poration with its principal place of business at Charlotte, North Car- HIGHLAND PARK MANUFACTURING COMPANY 189 olina, where it is engaged in manufacturing and selling broadcloth and shirting. It owns and operates three mills, each separate manufac- turing establishments. - Mill No. 1 and Mill No. 3, hereinafter referred to as the Charlotte plant, are located at Charlotte, North Carolina, and Mill No. 2 is located at Rock, Hill, South Carolina. Raw materials used by the respondent at its Charlotte plant, averaging in cost ap- proximately $28,000 per week, consist of cotton, dyestuffs, machinery and machinery supplies, sizing, and starch, which are shipped to the Charlotte plant from points outside the State of North Carolina. The finished products manufactured at the Charlotte plant average in value approximately $50,000 weekly, of which 95 per cent are shipped outside the State of North Carolina. 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 and 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 Highland Park Manufacturing Company, Charlotte, North Carolina, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Urging, persuading or warning its employees not to become or not to remain members of the Textile Workers Union of America or any other labor organization of their own choosing; keeping under surveillance the meeting places of Textile Workers Union of America or any other labor organization among its employees; or in any other manner interfering with, restraining, or coercing its employees in the exercise of their right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection; (b) Discouraging membership in Textile Workers Union of Amer- ica or any other labor organization of its employees by discharging and refusing to reinstate employees or otherwise discriminating in respect to hire or tenure of employment or any term or condition of employment or by threats of such discrimination. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Within ten (10) days of the effective date of the above stipu- lation, offer to Oscar T. Dewease the suns of $959.39, without reinstate- ment to his former position as an employee of the Highland Park Manufacturing Company; 190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Post immediately in conspicuous places at its Charlotte plant and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees as follows : 1. The Highland Park Manufacturing Company, its officers, agents, successors and assigns, will not urge, persuade or warn its employees not to become or not to remain members of Textile Workers Union of America or any other labor organization of their own chosing; will not keep under surveillance the meeting place of Textile Workers Union of America or any other labor organization of its employees; and will not in any other manner interfere with, restrain, or coerce its employees in the exercise of their right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection. 2. The Highland Park Manufacturing Company has paid to Oscar T. Dewease the sum of $959.39, without reinstatement to his former position as an employee of the Highland Park Manu- facturing Company. 3. The employees of the Highland Park Manufacturing Com- pany are free to become or remain members of any labor organ- ization of their own choosing. The Company will not discrim- inate against any employee because of his membership or activity in the Textile Workers Union of America or any other labor organization of his own choosing; (c) File with the Regional Director of the Fifth Region within ten (10) days from the date of the entry by the National Labor Relations Board of this Order a report in writing setting forth is detail the manner and form in which it has complied with the foregoing require- ments consistent with the provisions of this Order. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Order.