Industrial Cotton Mills Co., Inc.

National Labor Relations Board - Board Decisions

Jun 26, 1943

50 N.L.R.B. 855 (N.L.R.B. 1943)

In the Matter Of INDUSTRIAL COTTON MILLS COMPANY, INC. and
TEXTILE WORKERS UNION OP AMERICA
Case No. C-2,585.-Decided June 26, 1943
DECISION
AND
ORDER
On April 14, 1943, the Trial Examiner issued his intermediate
Report in the above-entitled proceeding, finding that the respondent
had engaged, in and was engaging in certain unfair labor practices,
and recommending that it cease and desist from the unfair labor
practices found, and take certain affirmative action as set out in the
copy, of the Intermediate Report attached hereto. Thereafter, the
respondent filed exceptions to the Intermediate Report and a sup-
porting brief. No request for oral argument before the Board was
made by any of the parties. The Board has considered the -rulings
of the Trial Examiner at the hearing and finds that no prejudicial,
errors,were,committed. The rulings are hereby affirmed. The Board
has considered the Intermediate Report, the respondent's brief and,
exceptions, and the entire record in the case and hereby adopts the
findings, conclusions, and recommendations of the Trial Examiner
with the corrections and additions noted below.
1. In the section entitled "The remedy," the Trial Examiner has
made no mention of the evictions from the company-owned houses.
Apart from the termination of employment, no reason appeared for
the eviction of the discharged employees from the company-owned
houses.- , The-record shows that these houses were restricted for the;'
use of employees of the respondent during the period of such ' 'em-
ployinerit'only. Accordingly, we find that the use and occupancy
of such company-owned houses by the 'evicted' employees constitute
a right and privilege of their former employment. Furthermore, we
construe the term "net earnings" to mean earnings less expenses
incurred in'finding and moving to other living quarters and less any
sums paid, for such quarters in excess of the amount paid for the
company-owned houses.'
1 Due to a typographical error, the' section of the Intermediate Report entitled "The
remedy" recommends back pay for J M Parker and Louise Tscheiller from June 15, 1942,
to the date of the respondent 's offer of reinstatement . The correct period is from June
12, 1942, to the date of,the respondent 's offer of reinstatement.
50 N. L. R B _ No. 125.
855
856 D'ECTSIONS OF NATIONAL LABOR RELATIONS! BOARD
ORDER
Upon the entire record in the case, and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that the respondent, Industrial Cotton
Mills Company, Inc., Rock Hill, South Carolina, its officers, agents,
successors, and' assigns, shall :
1. Cease and desist from :
(a) Discouraging membership' in Textile Workers Union of Amer-
ica, affiliated with the Congress of Industrial Organizations, or any
other labor organization of its employees, by discharging or refusing
to reinstate any of its employees or by discriminating in any other
manner in•regard to their hire and tenure of employment or any term
or condition of employment;
(b) "'Inany other 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 thei'r' 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 Act. • I
'2. Take the' following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to J. -M. Parker and Louise Tscheiller immediate, and
full reinstatement to their former` or substantially equivalent' posi-
tions without' prejudice to, their seniority or other rights', and
privileges; ' ` ` ' ' - ' ' ' '
(b) Make whole F. X. Johns, A. Y. 'Bennett, Cora Bennett, J. M.
'Parker,"J.• L: Ballard,` Paul Baker, Louise' Tscheiller, and T. :B.
McFadden for any loss of ,pay they 'may have suffered by reason of
the discrimination' against them, by payment to, each of them of. a
sum of money equal, to, the amount which each normally would, have'
fea'rned'as *ages, during the period'from June 10, 1942, to the date
of the hearing, in' the case of Johns; from June 12, 1942, to 'the re-
spondent's offer of reinstatement in the case of Parker and Tscheiller,
from June, 12, 1942,' to' January 'll,' 1943, in the, case of the 'Bennett§,^,
from June 12,11942, 'to October 1942,'in the case of Baker and from
June- 12, 1942, to • the dates of their- respective reinstatements.in: -the
case of McFadden' and-, Ballard; less their net earnings during such'
period;
(c) Post immediately in conspicuous places in its plant at Rock
Hill, South Carolina, and maintain for a period of at last sixty (60)
consecutive days from the date of posting, notices to. its employees
stating : (1) that the respondent will not engage' in'the conduct from
which it is ordered to cease and desist in paragraphs 1 (a) and (b)
,of this Order ; (2) that the respondent will take the 'affirmative
P
INDUSTRIAL COTTON MILLS COMPANY, INC. 857
action set forth 4in paragraphs'2 (a); and (b) of this Order; and
(3)' that the respondent's employees are free to become or remain
members of Textile Workers Union of America, affiliated with the
Congress of Industrial Organizations, and that the respondent will
not discriminate against any employee because of his membership
or activity in that organization;
(d) Notify the Regional Director for the Tenth Region within
ten (10) days from the date of the receipt of this Order what steps
the respondent has taken to comply herewith.
INTERMEDIATE REPORT
Mr. Dan M. Byrd, Jr. and Mr. Mortimer H. Freeman, for the Board.
Wilson & Wilson, by Mr. W. B. Wilson, of Rock Hill, S C. for the respondent.
Mr. J H Fullerton. of Charlotte, N. C., for the Union.
STATEMENT OF THE CASE
Upon an amended charge duly filed on March 10, 1943, by the 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 March 10, 1943, against Industrial Cotton
Mills Company, Inc., Rock Hill, 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. Copies of the complaint and the charge, accompanied by notice
of hearing were duly served upon the respondent and the Union.
With respect to the unfair labor practices, the complaint alleged in substance
that the respondent:. (a) since January 1942 has urged, persuaded, threatened,
and warned its employees to refrain from assisting, becoming or remaining mem-
bers of the Union: indicated hostility to representation of employees' by non-
employees; vilified and threatened members and 'officers of the Union; and kept
under surveillance the employees' meeting places-all in violation of Section
8 (1) of the Act; (b) on or about June 10; 1942, discharged and thereafter
refused to reinstate F. J. Johns, because of his union membership and his partici-
pation in concerted activities, in violation of Section 8 (3) and (1) of the Act;
and (c) at various designated times on and after June 12, 1942, discharged and
thereafter refused to reinstate certain named employees because they participated
in a strike' in protest against the respondent's discharge of Johns, all' in violation'
of Section 8 (3) and (1) of the Act.
The respondent,` in its answer filed March 20, 1943, admitted the allegations in
the complaint dealing with its business operations and that the 'Union is a labor
organization within the meaning of the Act; denied the unfair labor practices
charged ; affirmatively alleged certain reasons for the discharge of Johns and
for the actions toward the strikers, specifically denying that they were discharged
"and/or" refused reinstatement, and averred that some of'the strikers were
thereafter reemployed at the plant
Pursuant to notice, a hearing was held in Rock Hill, South Carolina, on March
22,.23, and 24, 1943, before William Strong, the undersigned Trial Examiner,
duly designated by the Chief Trial Examiner. The Board and the respondent
were represented by counsel, who participated in the hearing.' The Union was
represented by a representative. Full opportunity to be heard, to examine and
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