Burlington Mills Hosiery Co.

In the Matter of BURLINGTON MILLS HOSIERY COMPANY and WADES- BORO FULL. FASIIIONED HOSIERY MILLS, INC. and AMERICAN FEDER- ATION OF HOSIERY WORKERS Case No. C-0017-Decided December 23, 1941 Jurisdiction : hosiery manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders '.. entered on stipulation. Mr. Earle K. Sharwe, for the Board. Mr. D. E. Hudgins, of Greensboro, N. C., for the respondents. Mr. W. Cedric Stallings, of Charlotte, N. C., for the Union. Mr. Milton A. Kallis, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by American Feder- ation 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 November 10, 1941, against Burlington Mills Hosiery Company 1 and Wadesboro Full Fashioned Hosiery Mills, Inc., herein called the respondents, alleging that the respondents had engaged in and were 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 accompanying notice of hear- ing were duly served upon the respondents and the Union. The complaint alleges in substance that (1) the respondents on or about September 25, 1941, discharged 26 named employees,2 and 1 The complaint was issued against Burlington Mills Corporation . By stipulation infra Burlington Mills Hosiery Company was substituted as respondent for Burlington Mills Corporation, and all pleadings were amended accordingly 2 Fred Baucom , Josephine Bishop, Ollie Bowers, A. D . Cowles, Hazel Crump, Elwood Greene, Dewey Hathcock, Clyde IIatley, Lois Henry, Gladys G. Johnson, Paul Johnson, T J Lefler, Ellen Lipe, Grady Lipe, Jerome Lipe, Everette Mason, C. W. McIntyre, Faye McIntyre, Lena McSwain, Archie Perry, John Roberts, Daphne Smith, W. J Smith, Vernie Thompson, W. S Thompson, and Ruth Turner 37 N. L. R. B., No. 140. 864 BURLINGTON MILLS, HOSIERY COMPANY 86,5 ;thereafter refused to reinstate them, because the aforesaid employees assisted the Union, and engaged in concerted activities with other employees for the purposes of collective bargaining and other mutual aid and protection; (2) the respondents from on or about November 1, 1939, down to and including the date of issuance of the complaint urged, persuaded, and warned their employees to refrain from be- coming or remaining members of the Union; (3) the respondents threatened said employees with discharge and other reprisals if they became or remained members thereof, and kept under surveillance the meetings and meeting places of said union members; and (4) by the conduct described in (1) above, the respondents discriminated in regard to hire and tenure of employment of said employees and en- gaged in unfair labor practices within the meaning of Section 8 (3) of the Act, and by all the aforesaid conduct the respondents inter- fered with, restrained, and coerced their said employees in the exer- cise of rights guaranteed in Section 7 of said Act, and thereby engaged in an unfair labor practice within the meaning of Section 8' (1) of the Act. - Thereafter the respondents filed an- answer dated November 18, 1941, in which they admitted certain allegations of the complaint regarding the nature and scope of their business, but denied the commission of unfair labor practices. Pursuant to notice, a hearing was held on November 27, 1941, at Wadesboro, North Carolina, before Mortimer Riemer, the Trial Ex- aminer duly designated by the Chief Trial Examiner. The Board, the respondent, and the- Union were represented by counsel and par- ticipated in-the hearing. During the course of the hearing, the re- spondents,'the Union, and counsel for the Board entered into a stipu- lation proposing settlement of the case. The stipulation was admitted in evidence and the hearing was closed, subject to the Board's approval of the stipulation which provides as follows : An' amended charge having been filed by American Federation of Hosiery Workers, affiliated with the Congress of Industrial Organizations, with the Regional Director of the National Labor Relations Board (hereinafter called the Board) for the Fifth Region at Baltimore, Maryland on October 30, 1941, alleging that the Burlington Mills Corporation and Wadesboro Full Fashioned Hosiery Mills, Inc., has engaged in unfair labor prac- tices within the meaning of Section 8, (1) and (3) of the Na- tional Labor Relations Act; the Board through its Regional Di- rector having issued and served a complaint stating the charges, service of which is hereby acknowledged by the parties; the Re- spondents having filed their answers; a hearing having been commenced before Trial Examiner Mortimer Riemer; and.-it 866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD being 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, Burlington Mills Corporation, and Wadesboro Hosiery Mills, Inc.3 (hereinafter called the Respond- ents), the American Federation of Hosiery Workers (herein- after called the Union), and Earle K. Shawe, Attorney, National Labor'Relations Board, as follows: I The Respondent Burlington Mills Corporation shall be and is hereby eliminated from this proceeding as a Respondent herein. All of the pleadings in this proceeding shall be and hereby are amended to substitute the name of Burlington Mill (sic) Hosiery Company in the place and stead of Burlington Mills Corporation, it being agreed that the Burlington Mills Hosiery Company was the Respondent intended to be named in the pleadings in lieu of Burlington Mills,Corporation. II 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; Randleman Full Fashioned Hosiery Mills, Inc., Randleman, Virginia ; Wadesboro Full Fashioned Hosiery Mills, Inc., Wadesboro, North Carolina; and said partnership has its principal place of business in Greensboro, North Carolina, and is engaged in,the manufacture, sale, and distribution of full fashioned hosiery at its respective plants located at the places above-stated. III Respondent Burlington Mills Hosiery Company assists in for- mulating, directing, and participates in, the labor relations pol- icy of the Wadesboro mill of the Respondent Wadesboro Full Fashioned Hosiery Mills, Inc. 3 Correctly designated as Wadesboro Full Fashioned Hosiery Mills, Inc. BURLINGTON MILLS HOSIERY COMPANY 867 IV Respondent Wadesboro Full Fashioned Hosiery, Mills, Inc., is and has been for some time a corporation duly organized and ,existing by virtue of the laws of the State of North Carolina, having its principal office and place of business in the town of Wadesboro, State of North Carolina. V Respondents Burlington Mills Hosiery Company and Wades- boro Full Fashioned Hosiery Mills, Inc., are now and have been continuously engaged at a place of business in the town of Wades- boro, State of North Carolina, hereinafter called the Wades- boro Mill, in the manufacture, sale, and distribution of ladies' full fashioned hosiery. In the course and conduct of their busi- ness the Respondents use more than one hundred thousand dollars worth of raw materials annually at, their Wadesboro Mill, all of which is shipped to the' Wadesboro Mill from States other than the State of North Carolina. In the course and conduct of their business at the Wadesboro Mill said Respondents manufac- ture full fashioned hosiery amounting' in value in excess of two hundred thousand dollars annually of which more than fifty percent is shipped from the Wadesboro Mill to points and places located in States other than the State of North Carolina. Said respondents normally employ approximately one hundred and sixty-five employees at the Wadesboro Mill. For the purpose of this proceeding said Respondents stipulate that they are engaged in Interstate Commerce within the mean- ing of the National Labor Relations Act. VI 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. VII All parties hereto agree that the amended charge, complaint and notice of hearing, copy of the Board's Rules and Regulations, Series 2 as amended; and the answer of the originally named Respondents, and this stipulation, shall constitute the entire rec- ord in this,case, and 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. 868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VIII All parties hereto waive all further or other procedure pro- vided by the National Labor Relations Act or the Rules and Regulation's of the National Labor Relations Board, including the making of findings of fact and conclusions of law. Ix 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 Bur- lington Mills Hosiery Company and Wadesboro Full Fashioned 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 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 Wadesboro Mill, 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 orgiuiizations of its em- ployees, 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 terms or condition of their employment. 2. Shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to the twenty-six employees whose navies appear below immediate and full reinstatement to the same positions which they held immediately prior to September 5, 1941 , without prejudice to their seniority or other rights and privileges: Fred Baucom, Josephine Bishop, Ollie Bowers, A. D. Cowles, Hazel Crump, Elwood Greene, Dewey Hathcock, Clyde Hatley, Lois BURLINGTON MILLS HOSIERY COMPANY 869 Henry, Gladys Johnson, Paul Johnson, T. J. Lefler, Ellen Lipe, Grady Lipe, Jerome Lipe, Everette Mason, C. W. McIntyre, Faye McIntyre, Lena, McSwain, Archie Perry, John Roberts, Daphne Smith, W. J. Smith, Vernie Thompson. W. S. Thomp- son and Ruth Turner. (b) Make Whole the employees whose names appear, below for any loss of wages they may have suffered by reason of their ,discharge on or about September 5, 1941 by payment to each of them the amount set forth opposite their respective names: Fred Baucom ----- $75 00 T J Lefler ---------- $75 00 Josephine Bishop- 75 00 Ellen Lipe---------- 75 00, Ollie Bowers_____ 75 00 Grady Lipe ---------- 75 00 A. D Cowles ----- 75.00 Jerome 'Lipe--------- 75.00 Hazel Crump-- --- 75.00 Everette Mason------ 75 00 Elwood Greene-__ 75.00 C W McIntyre------ 75.00 Dewey Hathcock_ 75.00 Faye McIntyre------- 75.00 Clyde Halley ----- 75,. 00 Lena McSw:in------- 75 00 Lois Henry------- 75 00 Archie Perry-------- 75.00 Gladys Johnson-_ 75.00 John Roberts--------- 75.00 Paul Johnson_____ 75 00 Daphne Smith_______ 75 00 vernie Thompson_ 75.00 W J Smith--------- 75.00 W. S. Thompson__ 75 00 Ruth Turner --------- 75 00 (c) Post immediately in conspicuous places in the Wadesboro mill and maintain for a period of at least sixty consecutive days notice to its employees stating that: (1)' Respondents Burlington Mills Hosiery Company and Wadesboro Full Fashioned 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), (b) and (c) 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., (d) 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. X It is further agreed that if the Respondents Burlington Mills Hosiery Company and Wadesboro Full Fashioned 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 the Respondents Burlington Mills Hosiery Company and Wadesboro Full Fashioned Hosiery Mills, Inc., make appli- 4332i 7-42-vor. 37--56 870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cation to the United States Circuit Court of Appeals for the Fourth Circuit for the entry of a decree enforcing the said consent order. The Respondents Burlington Mills Hosiery Com- pany and Wadesboro Full Fashioned 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. XI 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 disposi- tion 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. XII 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. XIII 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. XIV That this Stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. On December 1, 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 case to and con- tinuing it -before the' Board for the purpose of entry of a decision and order, by the Board pursuant to the provisions of the said stipulation. BURLINGTON ' NIILLS HOSIERY COMPANY 871 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 THD RESPONDENTS The respondent Burlington Mills Hosiery Company is a partner- 'ship 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, Vir- ginia; Grayson Full Fashioned Hosiery Mills, Inc., Independence, Virginia; Randleman Full Fashioned Hosiery Mills, Inc., Randle- man, Virginia; Wadesboro Full Fashioned Hosiery Mills, Inc., Wadesboro, North Carolina; and said partnership has its principal place of business in Greensboro, North Carolina, and is engaged in the manufacture, sale, and distribution of full-fashioned hosiery at its respective plants located at the places above-stated. The respondent Burlington Mills Hosiery Company assists in formulating, directing, and participates in, the labor relations policy of the Wadesboro Mill of the respondent Wadesboro Full Fashioned Hosiery Mills, Inc. The respondent Wadesboro Full Fashioned Hosiery Mills, Inc., is and has been for some time a corporation duly organized and existing by virtue of the laws of the State of. North Carolina, having its prin- cipal office and place of business in the town of Wadesboro, State of North Carolina. The respondents Burlington Mills Hosiery Company and Wades- boro Full Fashioned Hosiery Mills, Inc., are now and have been con- tinuously engaged at a place of business in the town of Wadesboro,, State of North Carolina,' hereinafter called the Wadesboro Mill, in the manufacture, sale, and distribution of ladies' full fashioned hos- iery. In the course and conduct of their business the respondents use more than $100,000 worth of raw materials annually at their Wadesboro Mill, all of which is shipped to the Wadesboro Mill from States other than the State of North Carolina. In the course and conduct of their business at the Wadesboro Mill said respondents manufacture full-fashioned hosiery amounting in value in excess of $200,000 annually of which more than 50 percent is shipped from the Wadesboro Mill to points and places located in States other than the State of North Carolina. The respondents normally employ approximately 165 employees at the Wadesboro Mill. For the purpose of this proceeding the respondents stipulated that they are engaged in interstate commerce within the meaning of the National Labor Relations Act. 872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD- 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, the 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 the respondents, Burlington Mills Hosiery Com- pany, Greensboro, North Carolina, Wadesboro Full Fashioned Hosiery Mills, Inc., Wadesboro, North Carolina, and their respective 'officers, agents, successors, and assigns, 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 representatives of their own choosing and to engage in concerted activities for the pur- pose 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 Wadesboro Mills, to refrain from becoming or remaining members of the American Federation of Hosiery Workers, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees; (c) Discourage membership in the American Federation of Ho- siery Workers, or'any other labor organizations of its employees, 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 terms or condition of their employment. 2. Shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to the 26 employees whose names appear below immediate and full reinstatement to the same positions which they held im- mediately prior to September 5, 1941, without prejudice to their seniority or other rights and privileges: Fred Baucom, Josephine Bishop, Ollie Bowers, A. D. Cowles, Hazel Crump, Elwood Greene, Dewey Hathcock, Clyde 'Hatley, Lois Henry, Gladys Johnson, Paul Johnson, T. J. Lefler, Ellen Lipe, Grady Lipe, Jerome Lipe, Everette Mason, C. W. McIntyre, Faye McIntyre, Lena McSwain, Archie Perry, John Roberts, Daphne Smith, W. J. Smith, Vernie Thompson, W. S. Thompson, and Ruth Turner; (b) Make whole the employees whose names appear below for any loss of wages they may have suffered by reason of their discharge. BURLINGTON MILLS HOSIERY COMPANY on or about September 5, 1941, by payment to each of them amount set forth opposite their respective names : Fred Baucom---------- $75 00 T J Lefler ----------- $75 00 Josephine-Bishop-_--__ 75.00 Ellen Lipe------------ 75 00 Ollie Bowers ---------- 75.00 Grady Iipe----------- 75.00 A. D. Cowles---------- 75 00 Jerome Lipe---------- 75 00 Hazel Crump---------- 75.00 Everette Mason------- 75 00 Elwood Greene-------- 75 00 C W McIntyre------- 75.00 Dewey Hatheock ------ 75 00 Faye McIntyre-------- 75 00 Clyde Halley ---------- 75 00 Lena McSwain -------- 75 00 Lois Henry ----------- 75 00 Archie Perry ---------- 75. 00 Gladys Johnson------- 75 00 John Roberts---------- 75 00 Paul Johnson --------- 75.00 Daphne Smith--------- 75 00 Vernie Thompson------ 75 00 W J Smith---------- 75 00 W S Thompson----_- 75.00 Rtith Turner---------- 75. 00 873 the (c) Post immediately in conspicuous places in the Wadesboro Mill and maintain for a period of at least sixty (60) consecutive days notice to its employees stating that: (1) Respondents Burlington Mills Hosiery Company and Wadesboro Full Fashioned 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), (b), and (c) of this Order; (3) Respondents' employees are free to become or remain members of the American Federation of Hosiery Workers, affiliated with the Congress of Industrial Organizations, and that the respondents will not discriminate against any employee because of membership or activity in that organization. (d) Notify the Regional Director for the Fifth Region of the Board in writing within ten (10) days from the date of this Order what steps the said respondents have taken to comply herewith.