Piedmont Shirt Company

National Labor Relations Board - Board Decisions

Jun 2, 1939

13 N.L.R.B. 14 (N.L.R.B. 1939)

In the Matter of PIEDMONT SHIRT COMPANY and AMALGAMATED
CLOTHING WORKERS OF AMERICA
Case No. C-1,927.-Decided June 2, 1939
Shirt Manssfacturing Industry-Settlement : stipulation providing for compli-
ance with the Act, including disestablishment of company-dominated union-
Order : entered on stipulation.
Mr. Marion A. Prowell and Mr. Warren Woods, for the Board.
Wyche d Burgess, by Mr. Alfred F. Burgess, of Greenville, S. C.,
for the respondent.
Mr. Bernard Borah, of Greensboro, S. C., for the Amalgamated.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Amalgamated
Clothing Workers of America, herein called the Amalgamated, the
National Labor Relations Board, herein called the Board, by the Re-
gional Director for the Tenth Region (Atlanta, Georgia), issued its
complaint dated February 2, 1939, against Piedmont Shirt Com-
pany, Greenville, South Carolina, herein called the respondent, al-
leging that the respondent had engaged in and was engaging in un-
fair labor practices affecting commerce within the meaning of Sec-
tion 8 (1), (2), and (3) and Section 2 (6) and (7) of the National
Labor Relations Act, herein called the Act. A copy of the complaint
and notice of hearing thereon were duly served upon the respond-
ent and the Amalgamated. On February 8, 1939,, the respondent
filed its answer to the complaint in which it admitted the allegations
concerning the nature and scope of its business, but denied the alle-
gations of unfair labor practices.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent terminated the employment of and
refused to reinstate one Grady Mullinax, an employee, because he
joined and assisted the Amalgamated and engaged in concerted ac-
tivities with other employees of the respondent for the purpose of
13 N. L. R. B., No. 2.
14
PIEDMONT SHIRT COMPANY 15
collective bargaining and other mutual aid and protection; that the
respondent dominated and interfered with the formation and ad-
ministration of a labor organization known as Piedmont Shirt Com-
pany (white) Employees Association and contributed support to
said organization; that the respondent dominated and interfered
with the formation and administration of a labor organization
known as Piedmont Shirt Company (colored) Employees Associa-
tion, and contributed support to said organization; and that the
respondent, by the afore-mentioned activities, and by urging, per-
suading, and warning its employees to refrain from becoming or
remaining members of the Amalgamated and by threatening its em-
ployees with discharge and discrimination for joining or remain-
ing members of the Amalgamated, and by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
Pursuant to notice, a hearing was held on February 20 to 23, 1939,
inclusive, at Greenville, South Carolina, before William Seagle, the
Trial Examiner duly designated by the Board. The respondent, the
Amalgamated, and the Board participated in the hearing and were
represented by counsel. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties. During the hearing, upon mo-
tion of counsel for the Board, the allegations of the complaint that
the respondent had violated Section 8 (3) of the Act by discharging
Grady Mullinax were dismissed.
On March 27, 1939, the Trial Examiner filed his Intermediate Re-
port in which he found that the respondent had committed unfair
labor practices affecting commerce within the meaning of Section 8
(1) and (2) and Section 2 (6) and (7) of the Act as alleged in the
complaint. The Trial Examiner recommended that the respondent
cease and desist from its unfair labor practices; completely disestab-
lish both the Piedmont Shirt Company (white) Employees Associa-
tion and the Piedmont Shirt Company (colored) Employees Asso-
ciation, as,the representatives of its employees and reimburse its
employees for any dues which have been checked off on behalf of
said Associations; post notices of compliance and mail copies to
the respective officers of said Associations.
On April 18, 1939, the respondent, the Amalgamated, and counsel
for the Board entered into a stipulation in settlement of the case,
and, thereafter, all parties agreed that the said stipulation should
be amended in certain respects. This stipulation, as amended, pro-
vides as follows :
It is hereby stipulated and agreed by and between Piedmont
Shirt Company, hereinafter called the respondent, the Amal-
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gamated Clothing Workers of America, hereinafter called the
Amalgamated, and Warren Woods, Attorney for the National
Labor Relations Board, that :
I
The Piedmont Shirt Company is now and has been continu-
ously since 1928, a corporation organized under and existing by
virtue of the laws of the State of South Carolina, where it oper-
ates a shirt factory engaged in the process and production of
men's shirts. In the course and conduct of its business the re-
spondent used approximately 3,000,000 yards of shirting during
1938, approximately 85 per cent of which was produced in and
secured from points ontside the State of South Carolina, and
approximately 15 per cent of which was secured from points
within the State of South Carolina. The value of the respondent's
raw materials amounted to approximately $523,000 in 1938, ap-
proximately 85 per cent of which was paid for goods received
from points outside the State of South Carolina. The respond-
ent produced approximately 83,500 dozen shirts during 1938,
which had an approximate value of $450,000. Ninety per cent
by volume and by value of the total finished product of the
respondent was shipped to points outside the State of South
Carolina. The respondent advertises in various periodicals such
as Time, Esquire, and other nationally known periodicals. The
total payroll of the respondent for the week ending February
18, 1939, amounted to approximately $5,000.
The respondent admits that it is engaged in interstate com-
merce within the meaning of the National Labor Relations Act,
49 Stat. 449, hereinafter called the Act.
II
The Amalgamated Clothing Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organi-
zation withing the meaning of Section 2, subsection ( 5) of the
Act. The Piedmont Shirt Company (white) Employees Asso-
ciation is a labor organization within the meaning of Section 2,
subsection (5) of the Act. The Piedmont Shirt Company (col-
ored) Employees Association is a labor organization within the
meaning of Section 2, subsection (5) of the Act.
III
It is further stipulated and agreed that upon the pleadings,
the transcript of the record in this matter, and upon this stipula-
PIEDMONT SHIRT COMPANY 17
tion, if approved by the National Labor Relations Board, an
order may forthwith be entered by said Board and by the United
States Circuit Court of Appeals for the Fourth Circuit, pro-
viding as follows :
ORDER
On the basis of this stipulation and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that the Piedmont Shirt Company, its
officers and agents shall :
1. Cease and desist from :
(a) Interfering with , restraining or coercing its employees in
the exercise of the right to self -organization , to form, join or as-
sist 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 National
Labor Relations Act.
(b) Dominating or interfering in any manner with the ad-
ministration of the Piedmont Shirt Company ( white ) Employees
Association , and the Piedmont Shirt Company ( colored) Em-
ployees Association or any other organizations of its employees;
from contributing financial or other aid or support to the said
labor organizations ; from recognizing or dealing in any manner
with said labor organizations or any groups or committees pur-
porting to represent the said labor organizations.
(c) From and after the date of this order checking off dues
owed to the Piedmont Shirt Company ( white ) Employees Asso-
ciation and the Piedmont Shirt Company ( colored ) Employees
Association by any of their respective members.
(d) From allowing the Piedmont Shirt Company ( white)
Employees Association , and the Piedmont Shirt Company
(colored ) Employees Association to use the services of any of its
employees or its office or bookkeeping facilities in making loans
to the members of the said Associations , or collecting the said
loans when made, and from in any other manner participating in
the lending activities of the said Associations.
(e) From permitting the officers , agents, or members of the
Piedmont Shirt Company (white ) Employees Association, and
the Piedmont Shirt Company ( colored ) Employees Association,
to meet upon the premises of the respondent , or employ any of
the facilities of the respondent in transacting the business of
the said Associations.
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action in order to effectuate
the policies of the Act :
(a) Withdraw all recognition from the Piedmont Shirt Com-
pany (white) Employees Association and the Piedmont Shirt
Company (colored) Employees Association as representatives of
its employees for the purpose of dealing with the respondent con-
cerning grievances, labor disputes, rates of pay, wages, hours of
employment, or other conditions of employment, and completely
disestablish the said labor organizations as such representatives;
(b) Post immediately notices to its employees in conspicuous
places throughout its place of business, stating that the respond-
ent (1) will cease and desist in the manner aforesaid ; (2) will
withdraw all recognition of the Piedmont Shirt Company
(white) Employees Association and the Piedmont Shirt Com-
pany (colored) Employees Association as representatives of its
employees and will completely disestablish them as such repre-
sentatives; (3) will refrain from checking off dues for the said
Associations; (4) will not participate in any manner in the lend-
ing activities of the said Associations; (5) and will not permit
its premises or any of its facilities to be used by officers, agents,
or members of the said Association for the purpose of transact-
ing any of the business, or holding any of the meetings, and that
such notices will remain posted for a period of at least sixty
(60) consecutive days from the date of posting;
(c) Mail copies of the aforesaid notices to the respective offi-
cers of the Piedmont Shirt Company (white) Employees Asso-
ciation and the Piedmont Shirt Company (colored) Employees
Association;
(d) Notify the Regional Director for the Tenth Region in
writing within ten days from the date of this order what steps
the respondent has taken to comply with its recommendations.
IV
The stipulation herein made and the terms and provisions
thereof are subject to the approval of the National Labor
Relations Board.
V
If this stipulation is approved by the National Labor Relations
Board and if the National Labor Relations Board issues an order
based thereon, a decree enforcing said order may be entered by
the appropriate Circuit Court of Appeals and the respondent,
Piedmont Shirt Company, hereby consents to the entry of such
aroma-.r T^•w
PIEDMONT SHIRT COMPANY 19
decree and waives further notice of the application for such
enforcing decree.
On May 19, 1938, the Board issued its- order approving the above
stipulation, as amended, and making it part of the record in the case.
Upon the above stipulation, as amended, and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT'
The Piedmont Shirt Company, a South Carolina corporation, is
engaged in the manufacture of shirts at a plant located in the city of
Greenville, South Carolina. The principal raw materials used by
the respondent are thread, shirtings, and machinery. The respondent
used approximately 3,000,000 yards of shirting during 1938, 85 per
cent of which was produced in and secured from points outside the
State of South Carolina. The total value of raw materials used by
respondent in the year 1938 amounted to $523,000. The respondent
produced approximately 83,500 dozen shirts during 1938, with an
approximate value of $450,000.2 Of this, 90 per cent by volume and
by value was shipped out of the State of South Carolina.
The respondent employs approximately 375 employees in the pro-
duction and maintenance departments and the pay roll amounts to
approximately $5,000 per week.
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, the stipulation as
amended, 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 Piedmont Shirt Company,
Greenville, South Carolina, its officers and agents, shall:
1. Cease and desist from :
(a) 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 the
purpose of collective bargaining or other mutual aid or protection,
as guaranteed in Section 7 of the National Labor Relations Act;
1 The findings in this section are based upon stipulated facts.
2 This figure is taken from the stipulation of April 18 , 1939, set forth above . However,
the figure is given as $750,000 in another stipulation , Board Exhibit 2, entered into be-
tween respondent and counsel for the Board and introduced in evidence at the hearing.
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Dominating or interfering in any manner with the adminis-
tration of the Piedmont Shirt Company (white) Employees Asso-
ciation, and the Piedmont Shirt Company (colored) Employees
Association or any other labor organizations of its employees; from
contributing financial or other aid or support to the said labor
organizations ; from recognizing or dealing in any manner with the
said labor organizations or any groups or committees purporting to
represent the said labor organizations;
(c) From and after the date of this Order checking off dues owed
to the Piedmont Shirt Company (white) Employees Association and
the Piedmont Shirt Company (colored) Employees Association by
any of their respective members;
(d) From allowing the Piedmont Shirt Company (white) Em-
ployees Association, and the Piedmont Shirt Company (colored)
Employees Association to use the services of any of its employees
or its office or bookkeeping facilities in making loans to the members
of the said Associations, or collecting the said loans when made, and
from in any other manner participating in the lending activities of
the said Associations;
(e) From permitting the officers , agents, or members of the Pied-
mont Shirt Company (white) Employees Association, and the Pied-
mont Shirt Company (colored) Employees Association, to meet upon
the premises of the respondent, or to employ any of the facilities of
the respondent in transacting the business of the said Associations.
2. Take the following affirmative action in order to effectuate the
policies of the Act :
(a) Withdraw all recognition from the Piedmont Shirt Company
(white) Employees Association, and the Piedmont Shirt Company
(colored ) Employees Association as representatives of its employees
for the purpose of dealing with the respondent concerning grievances,
labor disputes , rates of pay, wages, hours of employment , or other
conditions of employment, and completely disestablish the said labor
organizations as such representatives;
(b) Post immediately notices to its employees in conspicuous places
throughout its place of business , stating that the respondent ( 1) will
cease and desist in the manner aforesaid ; (2) will withdraw all
recognition of the Piedmont Shirt Company (white) Employees
Association and the Piedmont Shirt Company (colored) Employees
Association as representatives of its employees andowill completely
disestablish them as such representatives; (3) will refrain from check-
ing off dues for the said Associations ; (4) will not participate in any
manner in the lending activities of the said Associations ; ( 5) and
will not permit its premises or any of its facilities to be used by officers,
agents, or members of the said Associations for the purpose of trans-
PIEDMONT SHIRT COMPANY 21
acting any of the business, or holding any of the meetings, and that
such notices will remain posted for a period of at least sixty (60)
consecutive days from the date of posting;
(c) Mail copies of the aforesaid notices to the respective officers
of the Piedmont Shirt Company (white) Employees Association and
the Piedmont Shirt Company (colored) Employees Association;
(d) Notify the Regional Director for the Tenth Region in writing
within ten (10) days from the date of this Order what steps the re-
spondent has taken to comply with its recommendations.
M. WILLIAM M. LEISERSON took no part in the consideration of the
above Decision and Order.
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