Mary Leila Cotton Mills

National Labor Relations Board - Board DecisionsNov 15, 1941

36 N.L.R.B. 972 (N.L.R.B. 1941)

In 'the Matter of MARY LEILA COTrON MILLS and, TEXTILE WORKERS UNION OF AMERICA Case No. C-1972-Decided November 15, 1941 Jurisdiction : cotton cloth manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Earle K. Shawe and Mr. Alexander E. Wilson, Jr., for the. Board. Weekes c0 Candler, of Decatur, Ga., for the respondent. Mr. R. H. Brazzell, of Atlanta, Ga., for the Union. Miss Mary. E. Perkins, 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 Tenth Region (Atlanta, Georgia) issued its complaint dated July 11, 1941, against Mary Leila Cotton Mills, Greensboro, Georgia, herein called the re- spondent, alleging that the respondent had engaged and was engag- ing in unfair labor practices affecting commerce, within the meaning. of Section 8' (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies ' of the 'complaint together with notice of hearing thereon, to be held July 28, 1941, were duly served upon the respondent and the Union. As to the unfair labor practice's, the complaint alleged in substance that the respondent (1) about January 30, 1941, discharged 24 named employees at its Greensboro plant and has since refused to reemploy them, because they engaged in concerted activities for the purposes of collective bargaining and other mutual aid and protection; (2) about January 30, 1941, locked out all the other employees at its Greensboro plant in order to discourage them from engaging in con- 36 N. L. R. B., No. 202. 972 -1 MARY " LEILA COTTON MILLS 973 certed activities-for the purposes of collective bargaining and other -mutual aid and protection; (3) at all times since about April 3, 1941, has refused to bargain collectively with the Union, which at all times since March 19, 1941, has been the exclusive representative of the re- 'spondent's employees in an appropriate unit consisting of all the respondent's production and maintenance employees at its Greensboro plant, including watchmen, but excluding clerical and supervisory employees; and (4) by these and other enumerated acts, has inter- fered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On July 15, 1941, the Regional Director issued an amendment to the notice of hearing which was duly served upon the respondent and the Union, postponing the hearing indefinitely. On September 25, 1941, the respondent, the Union, and an attorney for the Board entered into a stipulation, subject to the approval of: the Board, in settlement of the case. The stipulation provides as follows : A charge having been filed by Textile Workers Union of America, affiliated with the Congress of Industrial Organiza- tions, with the Regional Director of the National Labor Rela- tions Board (hereinafter called, the Board) for the Tenth Region at Atlanta, Georgia, on May 10, 1941, alleging that the Mary Leila Cotton Mills has engaged in unfair labor practices within the meaning of Section 8 (1), (3), and (5) of the National Labor Relations Act; the Board through its Regional Director having issued and served a Complaint stating the charges, service of which is hereby acknowledged by the parties ; and it 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 the Mary Leila Cotton Mills (hereinafter called the Respondent), the Textile Workers Union of America (hereinafter' called the Union), and Alexander E Wilson, Jr., and Earle K. - Shawe, Attorneys, National Labor Relations Board, as follows: 1 Respondent is a corporation organized under and existing by virtue of the laws of the State of Georgia, having its office and place of business in the City of Greensboro, State of Georgia (hereinafter called the Greensboro Mill), and is engaged at its Greensboro Mill in the manufacture, sale, and distribution of cotton cloth.' In the course of its business in the year 1940, the Greensboro Mill used approximately 8,457 bales.of cotton valued at Â° approximately $455,476. ' .95 per cent of this cotton was pro- 974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duced and shipped to the mill from points within the State of Georgia. During the same year, the Greensboro Mill produced approximately 3,955,673 pounds of cloth valued at approximately $939,427, of which 97 per cent by value was sold and shipped from the Greensboro Mill to customers located in states other than the State of Georgia. The Respondent employs approxi- mately 315 employees at the Greensboro Mill. For the purpose of this proceeding, Respondent stipulates that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. 2 Textile Workers Union of America, affiliated with the Con- gress of Industrial Organizations, is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. 3 All production and maintenance employees at the Respondent's. Greensboro Mill, including watchmen, but excluding clerical and supervisory, employees, constitute the unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. The Union on March 19, 1941, and at all times thereafter, has been the representative for the purposes of collective bargaining of a.majority of the employees within the said unit, and, therefore, was on March 19, 1941, and at all times thereafter has been, the exclusive repre- sentative of all of the employees in said unit, for the purposes of collective bargaining within the meaning of Section 9 (a) of the National Labor Relations Act.' 4 All parties hereto agree that the charge, complaint, and notice of hearing, copy of Board's Rules and Regulations, Series 2, as amended, and this stipulation, shall constitute the entire record 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. 5 All the parties hereto waive all further or other procedure provided by the National Labor Relations Board or National Labor Relations Board's Rules and Regulations including the MARY LEILA COTTON MILLS 975 making of Findings of Fact and Conclusions of Law by the National Labor Relations Board and expressly agree and consent that the National Labor Relations Board may enter an order providing as follows : 1. Respondent, Mary Leila Cotton Mills; its officers, agents, suc- cessors, and assigns, shall not: (a) Discourage membership in the Textile Workers Union of America, or any other labor organization 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; (b) 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; (c) Refuse to bargain collectively with the Textile Workers Union of America as the exclusive representative of the produc- tion and maintenance employees at the Respondent's Greensboro Mill, including watchmen, but excluding clerical and supervisory employees in respect to rates of pay, wages, hours of employment, and other conditions of employment. 2. Respondent shall take the following affirmative action to effectuate the policies of the National Labor Relations Act; (a) Offer to the twenty-four (24) employees whose names appear below, immediate and full reinstatement to the same positions which they held immediately prior to January 30, 1941, or to substantially equivalent positions, without prejudice to their seniority or other rights or privileges : Frank C. Payne Alex Moody John Adams James Mell Williams Earl Al. Butler Boyd C. Chandler Onnie Warren Tate Floyd Roger Ashley Tommie E. McElhannon Lee Lucas Allen Benjamin F. McDonald Calvin H. Channell Cole L. Saxon Johnnie W. Harper James W. Fitzpatrick Johnnie McElhannon Willie Ed Perkins Willie H. McElhannon Willie Tillman West J. W. Culberson Willie T. Hembree William C. Armor Asa James Butler Evis Moody (b) Offer to those employees listed in "Appendix A" hereof, im- mediate and full reinstatement to the same positions which they held 976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD immediately prior to January 31, 1941,. or to substantially equivalent positions, without prejudice to their seniority or other rights or privileges; (c) Upon request, bargain collectively with the Textile Workers Union of America as the exclusive representative of all the production and maintenance employees at the Respondent's Greensboro Mill, in- cluding watchmen, but excluding clerical and supervisory employees, in respect to rates of pay, wages, hours, of employment, and other conditions of employment; (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. 6 It is further agreed that if the Respondent fails to comply with the terms of this Stipulation and the consent order above set forth, the Board may upon ten days notice to the Respondent make application to the United States Circuit Court of Appeals for the Fifth Circuit for the entry of a decree enforcing the said consent order, the Respond- ent hereby waives all rights to contest the entry of the decree, except upon the question of compliance with the terms of the consent order. 7 -Respondent further agrees to cancel all back rent due it prior to May 16, 1941, by the employees named in the Order set forth above, and who reside in the Company's dwelling houses located near the Greensboro Mill. The said back rent amounts to approxi- mately $2,500.00. It is further stipulated and agreed that in view of the fact that the Respondent and the Union did on June 7, 1941 enter into an agreement recognizing the Union as the sole collective bargaining agency of the Respondent's employees in the Greensboro Mill, the Respondent shall not be required to post the notices to its employees usually required under Board orders. 8 That the execution of this Stipulation shall conclude all proceed- ings before the Board in the above-entitled case, and it is expressly understood and agreed that this Stipulation and the Order provided for herein shall be a complete and final disposition of all the issues raised by the charges and Complaint in this proceeding, and that no other further procedure, order or decree, other than those pro- vided for herein, shall be instituted or made with respect to the MARY LEILA COTTON MILLS 977 subject matters contained in the charges and Complaint herein against any of the parties to this Stipulation. 9 It is expressly understood by the parties hereto, that this Stipu- lation does not constitute an admission by the Respondent of any of the allegations of the commission of an unfair labor practice, as contained in the charges or the Complaint herein. 10 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. 11 That this Stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval? On October 1, 1941, the Board issued its order approving the above stipulation, making it part of the record in the case, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to and continuing it before the Board for the purpose of entry of a Decision and Order by the Board, pursuant to the provisions of the stipulation. Upon the basis of the said stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Mary Leila Cotton Mills is a corporation organized and existing under the- laws of the State of Georgia, having its office and place of business in Greensboro, Georgia. The respondent is engaged at its Greensboro plant in the manu- facture, sale, and distribution of cotton cloth. During the year 1940, the respondent used at its Greensboro plant approximately 8,457 bales of cotton valued at approximately $455,476. Ninety-five per cent of this cotton was produced and shipped to the mill from points within the State of Georgia. During the same year the 1 Attached to this stipulation was Appendix A, referred to therein , and herein below set forth as part of our order herein. 433118-42-vol. 36-63 978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD respondent produced at its Greensboro plant approximately 3,955,673 pounds of cloth, valued at approximately $939,427, of which 97 per cent by value was sold and shipped to customers located in States other than the State of Georgia. The respondent employs approxi- mately 315 employees at its Greensboro plant. 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 : 1. Respondent, Mary Leila Cotton Mills, its officers, agents, suc- cessors, and assigns, shall not : (a) Discourage membership in the Textile Workers Union of America, or any other labor organization 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 employ- ment or term or condition of their employment; (b) 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 ac- tivities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act; (c) Refuse to bargain collectively with the Textile Workers Union of America as the exclusive representative of the production and. maintenance employees at the respondent's Greensboro mill, includ- ing watchmen, but excluding clerical and supervisory employees in respect to rates of pay, wages, hours of employment, and other conditions of employment. 2. Respondent shall take the following affirmative action to effect- uate the policies of the National Labor Relations Act : (a) Offer to the 24 employees whose names appear below, imme-, diate and full reinstatement to the same positions which they held immediately prior to January 30, 1941, or to substantially equivalent positions, without prejudice to their seniority or other rights or privileges : Frank C. Payne Tommie E. McElhannon John Adams Benjamin F. McDonald Earl M. Butler Cole L. Saxon Onnie Warren Tate James W. Fitzpatrick MARY LEILA COTTON MILLS. 979 Willie Ed Perkins Lee Lucas Allen ' Willie Tillman West Calvin H. Channell Willie T. Hambree Johnnie W. Harper Asa James Butler Johnnie McElhannon Alex Moody Willie H. McElhannon James Mell Williams J. W. Culberson Boyd C. Chandler William C. Armor Floyd Roger Ashley Evis Moody (b) Offer to those employees listed in "Appendix A" hereof, immediate and full reinstatement, to the same positions which they held immediately prior to January 31, 1941, or to substantially equiv- alent positions, without prejudice to their seniority or other rights or privileges ; (c) Upon request, bargain collectively with the Textile Workers Union of America as the exclusive representative of all the produc- tion and maintenance employees at the respondent's Greensboro mill, including watchmen, but excluding clerical and supervisory em- ployees, in respect to rates of pay, wages, hours of employment, and other conditions of employment; (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. " APPENDIX A Moses Clyde Ayers Clyde C. Williams James W. Parker Willie P. Motes Jim R. Chandler William A. Bryan Allie Parker Webb Oscar L. Williams John, Asbury Finch Glen W. Batson Luis T. Ayers Annie I. Hadden Joe R. Moody James J. Booth Margaret V. Marchman Pansy M. Booth Dresser P. Burt David V. Mullins Hattie L. Moates Wilbur C. Marchman Annie Gober Harris Carl Wynn Hadden Susie H. Bradley Ruth G. Smith Clifford J. Hubbard Nannie C. Moody Katie E. Dial Edna Cheek Adams John A. Lingold Leona H. Nolan Lena A. Kenney Bertha C. Thurmond Phermelia A. Beelan Ollie C. McDonald Francine L. McQuary Zebedee Adams C. R. Christopher Marshall F. Smith 980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Lewis P. Andrews Horace H. Channell William T. Bedsole Carl R. Hadden William A. Moody George S. Parker Marion 0. Patton Wyvis Lord Tom E. McDonald Jessie Peek Bryan Thomas A. Boyd Robert L. Clayton Henry H. Burt Jack Merritt Winford T. Chandler Dewey H. Finch Carl L. Baugh William A. Moody Mildred A. Beelan Bulah Smith Armor Mattie S. Wilson Frances S. Tarpley John C. Bradley Reuben W. Armor Thomas E. Elasengame Comer C. Tolbert Edward L. McGinty John B. Calloway Sammie A. Bryan Roy C. McDonald John Weatherford, Sr. Algie Mae West Vida E. Moody Sarah Mae Durham Edna T. McElhannon Celeste F. Bradberry Millie M. Wilson Earnest F. Calloway Reuben F. Calloway Willie R. Calloway Elouise V. Hannay Hazel Smith Saxon Dorthy D. Williams Hallie G. Armor Mattie C. Finch Ada N. Tolbert Zadie H. Clark Sarah N. Parker i Josie N. Finch Lillie B. Marchman Helen H. Williams Marian J. Moody Montine W. Lingold Margaret.H. Williams William E. Melton Charlie G. Ingram John C. Parker James E. Walker Joseph P. Thomason Iulus G. Durham James E. Perkins James E. Parker Ivan C. McDonald Annie R. Birdsong Lula H. Kenney 'Leila T. McDonald Edna P. Beelan Mauline H. Bridges Lillie C. Chandler Lizzie L. McDonald Beetha M. McElhannon Inez L. Payne Damy L. Channell Jennie R. Melton Marion W. Askew Angeline C. Evans Rebecca D. Channell Lucille P. Mayfield Dewitt G. Durham Birdy Edgar Gober James H. Hanney Charles E. Melton Willie H. Hembee Minnie P. Perkins Sarah P. Harper Lettie M. Shelnutt Annie Clyde Nolan Leila Finch Butler MARY LEILA COTTON MILLS 981 Sophia L. Clayton Agnes Hannay Jewell W. Wright Nellie D. Bedsole Josephine W. Allen Jewell B. Baker Nancy O. Calloway Lucy Cox Patten Jurell McElhannon Lillian H. Chandler Viola B. Culberson Jessie O. Collins Lula B. McElhannon Maggie R. Butler Bertie M. Channell Ruby Adams Tate Mary L. Channell Lois D. Rothell Emma G. Hubbard Thelma F. Finch Irene C. West Agnes C. Blasengame Edgar H. Collins Julia I. Callaway Amy Dell Moody Frances K. Collins 'Eva A. Kenney Easter Weatherford Dora P. Garner Maggie O. Finch Allene P. Bedsole George H. Connell Lula Helms Baker Vera O. Finch Mattie E. Walker Carrie H. Duncan Alice Mae Moody Esther F. Chasteen Jasper T. Wright Noah Frank Massey Claude R. McAlister Lyde B. Bradley William E. Parrish' Clarence McDonald Edward F. Webb Nannie D. Boyd Joe D. `Thomason Henry F. Wilson William J. Culberson Clarence Wilson Jr. Homer I. Moody Delphing D. Clark Edward Barnhardt Clifford C. Chappell Eddie B. Lawrence Joseph M. Barry Edward Higgenbottom William M. Mayfield George P. Gentry Lee Alton Webb Green David Evans Charlie G. Merritt Joe Nolan William F. Beelan Archie D. Webb John R. Shelnutt Clifton Y. Payne Jessie O. English Claude G. Byrum Woodrow W. Harper Roy Armor Robert Lee Finch Willie W. Bridges Garland R. Brook Rufus McElhannon Claude D. Bedsole Ralph H. Beelan Lillie R. Saxon Rosa K. Lingold Willie F. Phelps George T. Marchman Tilman Dero Batson Andrew Weatherford Alvin E. Clayton Jr. John Henry Moody John C. Weatherford Vallie H. Clayton Obie C. Tolbert 982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Wade H. Finch Henry Williams Henry T. Butler James L. Calloway Carl V. Lingold Augustus L. Butler Leroy Barnhardt William H. Finch Jr. James W. Channell Coy E. Payne James A. Bryan Freddie P. Harper Willie G. Connell LeGran Landers, Jr. Theodore Patterson James W. Armour Thomas P. Butler George B. English George D. Kenny Jessie E. Aikens Harvey C. Batchelor Carl Ray Parker Arthur T. Harris Samuel A. Beelan Thad D. Thomason Robert D. Moody Edward Merritt Robert Hudson Loyd Jernigan Mose Love Derry S. Murden John Riley Angles