Rockwood Mills

National Labor Relations Board - Board Decisions

Nov 26, 1938

9 N.L.R.B. 1225 (N.L.R.B. 1938)

In the Matter of ROCKWOOD MILLS and AMERICAN FEDERATION OF
HOSIERY WORKERS
Case No. C-750.-Decided November 26, 1938
Hosiery Manufacturing Industry-Settlement: agreement to comply with the
Act-Order: entered on stipulation-Discrimination : charges of, dismissed.
Mr. Berdon M. Bell, for the Board.
Mr. T. A. Wright, Jr., of Knoxville, Tenn., Mr. Polk Wright, of
Harriman , Tenn., and Mr. J. Ralph Tedder, of Rockwood,, Tenn.,
for the respondent.
Mr. Herbert G. B. King, of Chattanooga, Tenn., for the Union.
Mr. Henry J. Fox, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the American
Federation of Hosiery Workers, herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by the
Regional Director for the Tenth Region (Atlanta, Georgia) issued
its complaint on June 11, 1938, and amendments thereto on June 24,
1938, against Rockwood Mills,' Rockwood, Tennessee, herein called
the respondent, alleging that the respondent had engaged in and
was engaging in unfair labor practices 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.
With respect to the unfair labor practices the complaint alleged,
in substance: (1) that on April 6, 1936, the respondent closed down
its plant, discharged and locked out all of its employees on the pay
roll as of that date because of the employees' efforts to engage in
collective bargaining and concerted activities and that it has since
failed and refused to reinstate said employees; (2) that the respond-
ent in various ways exerted physical force and political' influence
'The respondent was incorrectly styled as Rockwood Hosiery Mill in the complaint but
this designation was corrected upon motion of counsel for the Board.
9 N. L. R. B., No. 113.
1225
1226 NATIONAL LABOR: RELATIONS BOARD
designed to interfere with, restrain and intimidate the members of
the Union; and (3) that the aforesaid activities of the respondent
did interfere with, restrain, and coerce its employees in the exercise
of the rights guaranteed in Section 7 of the Act. Copies of the
complaint and the notice of hearing thereon were duly served upon
the respondent and the Union.
On June 20, 1938, the respondent filed an answer admitting in part
the allegations of the complaint concerning its 'business, but denying
that the alleged unfair labor practices affect commerce, and further
denying that it had engaged in or was engaging in the alleged unfair
labor practices.
Pursuant to a notice and an amended notice of hearing duly served
upon the parties, 'a hearing was held in Knoxville, Tennessee, from
July 7 through July '13, 1938, before James C. Batten, the Trial
Examiner duly designated by the Board. All parties were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties.
On July 13, 1938, the hearing was adjourned to permit the partie.i
to settle the case by stipulation. Counsel for the Board, counsel
for the respondent, and counsel for the Union entered into a tentative
stipulation subject to the approval of the Board which, inter alia,
provided that either the Union or the respondent could withdraw
from the stipulation if certain details involved in reinstating the
employees could not be satisfactorily adjusted. The stipulation also
provided that if both parties did not notify the Regional Director
of their unconditional acceptance of the stipulation by 10 a. m. on
July 19, 1938, the hearing would reconvene upon 24 hours' notice
without prejudice to any party.
On July 14, 1938, the Board issued an order approving the stipu-
lation and transferring the case to the Board. The parties, however,
did not notify the Regional Director within the stipulated time of'
their unconditional acceptance of the stipulation and it thereby was
made ineffective. On July 30, 1938, the Board issued an order re-
voking the order approving the stipulation and transferring the
case to the Board, and further ordered that the proceeding be re-
transferred to and continued before the Regional Office for the
Tenth Region for all purposes.
Pursuant to notice duly served upon all the parties, the hearing
was scheduled to reconvene on August 22, 1938, at Knoxville, Ten-
nessee, before Henry W. Schmidt, the Trial Examiner duly desig-
nated by the Board. On August 20, 1938, there was served upon all
the parties an "amended notice of reconvening of hearing" which
postponed the hearing indefinitely.
DI:UISTONS AND ORDERS 1227
On September 3, 1938, counsel for the respondent and the Board,
by its representative, entered into a stipulation in settlement of the
case, which provided for the entry of a consent order. The stipu-
lation is as follows :
It is Hereby stipulated and agreed by and between respondent,
Rockwood Mills and the National Labor Relations Board:
1. Pursuant to charge, filed August 9,-.1937,.-and amended
charge filed January 8, 1938, by the American Federation of
Hosiery Workers, the National Labor Relations Board, by its
Regional Director for the Tenth Region, issued, its complaint
and Notice of Hearing in the above-entitled matter on June 11,
1938, and its amended complaint on June 24, 1938. Pursuant to
said Notice of Hearing and an Amended Notice of Hearing, a
hearing was commenced on July 7, 1938, at Knoxville, Tennessee.
2. The respondent, Rockwood Mills, is engaged at a plant
in Rockwood, Tennessee, in the manufacture of hosiery. Ap-
proximately 90 percent of the raw materials used by. the re-
spondent in the manufacture of its hosiery are received and
transported to its Rockwood plant from States of United States
other than the State of Tennessee, and approximately 90 percent
of its finished hosiery manufactured at its Rockwood, Tennessee,
plant, are sold, distributed, and transported from its Rockwood
plant into and through States of the United States other than
the State of Tennessee.
3. Upon the facts set forth in paragraph 2, upon the record
in this proceeding and by agreement of the parties hereto, the
National Labor Relations Board has jurisdiction within Section
10 (a) and Section 2 (6) and (7) to prevent the respondent
from engaging in unfair labor practices.
4. Upon the record in this proceeding, and by and with the
consent of the parties hereto, which is hereby given, the National
Labor Relations Board -may issue a cease and desist Order in
the following form :
A. The respondent, Rockwood Mills, and its officers, agents,
successors and assigns shall:
(1) Cease and desist from in any manner interfering with,
restraining, or coercing 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 their mutual
aid or protection as guaranteed in Section 7 of the National
Labor Relations Act.
(2) Take the following affirmative action in order to,effectu-
ate-the purposes and the policies of the National Labor'Relations
Act.
1228 NATIONAL LABOR, RELATIONS BOARD
(a) Post immediately notices to its employees in conspicuous
places throughout its plant at Rockwood, Tennessee, and main-
tain such notices for a period of at least thirty (30) consecutive
days from the date of posting, stating that the respondent will
cease and desist in the manner set forth in paragraph (1) above;
(b) Inform the Regional Director for the Tenth Region in
writing within ten (10) days from the date of the approval of
this Order what steps the respondent has taken to comply here-
with.
B. It is further ordered that paragraph 4 of the complaint,?
Exhibit. A attached to the complaint and paragraph 2 of the
amended complaint be, and they hereby are, dismissed.
5. The parties hereto consent to the entry of a decree by the
appropriate Circuit Court of Appeals of the United States en-
forcing the Order of the Board in the form set out in paragraph
4 above, and the respondent, Rockwood Mills, hereby waives
its right to contest the entry of any such decree by the appro-
priate Circuit Court of Appeals of the United States. By con-
senting to_ the entry of the above referred to decree, the parties
hereto are not indicating that the respondent intends to violate
the Order of the Board.
On September 10, 1938, the Board issued an order approving the
above stipulation and making it a part of the record in this pro-
ceeding, and ordering further, in accordance with Article II, Section
37, of National Labor Relations Board Rules and Regulations-Series
1, as amended, that the proceeding be transferred to the Board for
the purpose of entry of a decision and order pursuant to the provi-
sions of the above stipulation.
On September 6, 1938, the respondent filed with the Regional Di-
rector its report of compliance with the terms 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
I. THE BUSINESS OF THE RESPONDENT
Rockwood Mills is a Tennessee corporation engaged in the manu-
facture of hosiery at its plant at Rockwood, Tennessee. Approxi-
mately 90 per cent of the raw materials used by the respondent at its
Rockwood plant in manufacturing the hosiery are received from
2 Paragraph 4 of the complaint alleges that on April 6, 1936 , the respondent closed down
its plant , discharged and locked out all of its employees on the pay roll as of that date
because of the employees ' efforts to engage in collective bargaining and concerted activities
and that it has since failed and refused to reinstate said employees . Exhibit A attached
to the complaint lists the names of employees allegedly so discriminated against. Para-
graph 2 of the amended complaint supplements the list of names set forth in Exhibit A.
DECISIONS AND ORDERS 1229
States outside the State of Tennessee. Approximately 90 per cent
of the finished products of the respondent's Rockwood plant are sold,
distributed, and transported outside the State of Tennessee.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States of the
United States.
II. THE ORGANIZATION INVOLVED
American Federation of Hosiery Workers is a labor organization,
.admitting employees of the respondent to its membership.
ORDER
Upon the basis of the above findings of fact, the above 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 Rockwood Mills, Rockwood, Tennessee, its
officers, agents, successors, and assigns shall:
1. Cease and desist from in any manner interfering with; restrain-
ing, or coercing 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 their mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act.
2. In order to effectuate the purposes and policies of the National
Labor Relations Act, take the following affirmative action to the
extent, if any, that such affirmative action has not already been taken:
(a) Post immediately notices to its employees in conspicuous places
throughout its plant at Rockwood, Tennessee, and maintain such
notices for a period of at least thirty (30) consecutive days from
the date of posting, stating that the respondent will cease and desist
in the manner set forth in paragraph 1 above;
(b) Inform the Regional Director for the Tenth Region in writing
within ten (10) days from the date of the approval of this Order what
steps the respondent has taken to comply herewith.
IT IS FURTHER ORDERED, that paragraph 4 of the complaint, including
Exhibit A attached to the complaint, and paragraph 2 of the amended
complaint be, and they are hereby dismissed.