Southern Manufacturing Company

National Labor Relations Board - Board Decisions

Jun 15, 1939

13 N.L.R.B. 304 (N.L.R.B. 1939)

In the Matter Of SOUTHERN MANUFACTURING COMPANY and AMALGA-
MATED CLOTHING WORKERS OF AMERICA
Case No. C-1,289.-Decided June 15, 19. 9
Shirt Manufacturing Industry-Settlement: stipulation providing for compli-
ance with the Act-Order: entered on stipulation.
Mr. G. P. Van Arkel and Mary Lemon Schleifer, for the Board.
Aust, McGugin d Cochran, by Mr. Carmack Cochran, of Nashville,
Tenn., for the respondent.
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 Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Tenth Region (Atlanta, Georgia), issued its com-
plaint dated April 27, 1939, against the Southern Manufacturing
Company, Nashville, Tennessee, herein called the respondent, alleg-
ing 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 Rela-
tions Act, 49 Stat. 449, herein called the Act. A copy of the com-
plaint and notice of hearing thereon was duly served upon the
respondent and the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent required as a condition of employment
the signature of each individual employee to an individual contract
of employment, obligating the employee not to join the Union; that
the respondent has refused to give employment to 22 named indi-
viduals, because of their membership in, and activities in behalf of
the Union; that all of the aforesaid individuals were also refused
employment because of their refusal to sign the aforesaid individual
contracts; and that the respondent, by these acts, and by urging, per-
suading, and warning its employees to refrain from becoming or
13 N. I. R. B., No. 35.
304
SOUTHERN MANUFACTURING COMPANY 305
remaining members of the Union, and by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On March 21, 1939, after the filing of charges but prior to the
issuance of the Board's complaint, the respondent, the Union, and
counsel for the Board entered into a stipulation in settlement of the
case. This stipulation provides as follows :
Charges having been filed with Charles N. Feidelson, Regional
Director of the National Labor Relations Board for the Tenth
Region, by the Amalgamated Clothing Workers of America on
May 24, 1938 and amended on September 13, 1938, alleging that
the respondent, Southern, Manufacturing Company, had violated
Section 8 (1), (3), and (4) of the National Labor Relations Act,
49 Stat. 449, and it being the intention of the parties to dispose
of the matters which have arisen,
It is hereby stipulated and agreed by and between Southern
Manufacturing Company, by its president, P. M. French, the
Amalgamated Clothing Workers of America, by Clyde Mills,
and Gerhard P. Van Arkel, attorney, National Labor Relations
Board, as follows :
1. The Southern Manufacturing Company was incorporated
in the State of Tennessee on September 16, 1937, and is engaged
in the manufacture, sale and distribution of work shirts, pants
and dress shirts. It has its principal office and plant in the city
of Nashville, State of Tennessee, and owns and operates three
plants in the city of Nashville, State of Tennessee, for the
manufacture of work shirts, pants and dress shirts. In the
manufacture of the above-named products, it uses almost ex-
clusively cotton textiles, approximately 75 per cent of which
are imported from points outside the State of Tennessee to
its Nashville plants. For the year 1938, purchases of mate-
rials amounted to more than $500,000, including purchases
within and without the State of Tennessee. Approximately 30
per cent of the finished product is shipped directly by the re-
spondent to consumers outside the State of Tennessee. The bal-
ance of the respondents production is sold to other manufac-
turers and jobbers within the State of Tennessee, principally
for redistribution by them to consumers outside the State of
Tennessee. During the year 1938, total sales of the respondent
amounted to more than $750,000.
The Southern Manufacturing Company admits that it is en-
gaged in interstate commerce within the meaning of Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449.
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The respondent , Southern Manufacturing Company, waives-
the issuance of a complaint , hearing, the making of findings of
fact, and conclusions of law by the National Labor Relations
Board.
3. Upon the basis of the facts stipulated in paragraph 1 above,
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
On the basis of this stipulation and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that Southern Manufacturing
Company, its officers, agents , successors and assigns shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining, or
coercing its employees in the exercise of their rights to self-
organization , to form, join or assist labor organizations , to bar-
gain collectively through representatives of their own choosing
and to engage in concerted activities for the purposes of col-
lective bargaining or other mutual aid or protection as guaran-
teed in Section 7 of the National Labor Relations Act ;
(b) From discouraging membership in the Amalgamated
Clothing Workers of America.by discharging or refusing to
reinstate any of its employees or in any other manner discrim-
inating in regard to their hire or tenure of employment or any
term or condition of their employment;
(c) From requiring employees or those applying for work to
sign individual contracts of employment.
2. Take the following affirmative action which the Board
finds will effectuate the policies of the Act :
(a) Offer to Florence Richardson , Maud Carter, Bessie
Moore, Estelle Cothern , Maud Foster, Annie Freeman,
Daisy Harris, Ida Mae Lane, Earline McDonald, Margaret
White, Myrtle Merritt, Maggie Randolph , Frieda Chandler,
Dixie Carter , Minnie Lee Jordan , Jack W. Smith, Susie E.
Walker , Vella B . Warren, Daisy Melton, Mildred White, Emma
Bingham Fletcher and Mrs. Maude Chaffin, reinstatement to
their former or substantially equivalent positions on or before
April 24, 1939, with seniority rights from September 30, 1937,
and without prejudice to their other rights and privileges pre-
viously enjoyed;
(b) Post immediately in conspicuous places throughout its
Nashville plants and maintain for a period of at least thirty
SOUTHERN MANUFACTURING COMPANY 307
(30) consecutive days notices stating that the respondent will
cease and desist in the manner aforesaid;
(c) 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.
And it is hereby ordered that the cases of all persons mentioned
in the above charge and not herein reinstated shall be dismissed.
4. It is the understanding of the parties that in carrying out
Section 2 (a) of the above Order, that all persons therein named
shall be returned to work on or before April 24, 1939, unless for
good cause shown the Regional Director for the Tenth Region
grants an extension of this time period. The persons named in
paragraph 2 (a) of the Board's Order will be placed upon a
preferential list to be given the first available employment on
jobs for which their previous job experience qualifies them.
The Regional Director for the Tenth Region will furnish South-
ern Manufacturing Company with the present addresses and
work qualifications of the individuals named in paragraph 2 (a)
of the Board's Order. As soon as employment becomes available,
Southern Manufacturing Company shall undertake to advise the
persons so qualified of the availability of such employment by
registered mail, return receipt requested, with the understanding
that if an answer is not received and definite employment ar-
rangements made within five (5) days, Southern Manufacturing
Company will be relieved of further obligation to offer employ-
ment to such persons under this Order. It is the understanding
of the parties that Southern Manufacturing Company is re-
leased from any claim for back pay, which is alleged to be due
any persons named in the original charge or any amendment
thereto, to the date hereof. The Southern Manufacturing Com-
pany does not admit liability for back pay to any former em-
ployee of Washington Manufacturing Company or to any other
person.
5. It is the understanding of the parties hereto that the Com-
pany may post with the notices required to be posted in Paragraph
2 (b) of the Board's Order above, this entire stipulation or any
part or parts thereof.
6. When any reduction in working force becomes necessary the
Southern Manufacturing Company agrees that those last em-
ployed on the operation where there is an excess of workers shall
be laid off first and upon the opening of the plant following
temporary close-down, those oldest in point of service of Southern
Manufacturing Company shall be first employed. The foregoing
is subject to the right of Southern Manufacturing Company to
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintain positive standards of efficiency and competency on the
part of its employees and such right is in no wise impaired by this
agreement.
7. The respondent , Southern Manufacturing Company, hereby
consents to the entry by the United States Circuit Court of Ap-
peals for the appropriate circuit, upon application by the Board,
of a consent decree enforcing an order of the Board in the form
hereinabove set forth and hereby waives further notice of the
application for such decree.
8. It is understood and agreed that this stipulation is subject
to the approval of the National Labor Relations Board and shall
become effective immediately upon the granting of such approval.
Pursuant to notice duly served on the parties, a hearing was held
on May 3, 1939, at Washington , D. C., before Frank Bloom, the Trial
Examiner duly designated by the Board. The respondent did not
appear. At the hearing the complaint, a stipulation theretofore
agreed upon by the parties , and other pleadings were admitted into
evidence and incorporated into the record.
On May 26, 1939 , the Board issued its order approving the above
stipulation , making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board.
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 THE RESPONDENT
Southern Manufacturing Company, a Tennessee corporation, is en-
gaged in the manufacture, sale, and distribution of work shirts, pants,
and dress shirts. It has its principal office in Nashville, Tennessee,
and it owns and operates three plants in that city. The principal raw
materials are cotton textiles, approximately 75 per cent of which are
imported from points outside the State of Tennessee. For the year
1938 purchases of materials amounted to more than $500,000, including
purchases within and without the State of Tennessee. Approximately
30 per cent of the finished product is shipped directly by the respond-
ent to consumers outside the State of Tennessee. The balance of the
respondent's production is sold to other manufacturers and jobbers
within the State of Tennessee, principally for redistribution by them
to consumers outside the State of Tennessee. During the year 1938,
total sales of the respondent amounted to more than $750,000.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
SOUTHERN MANUFACTURING COMPANY 309
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 Na-
tional' ,Labor Relations Act, the National Labor Relations Board
hereby orders that the Southern Manufacturing Company, Nashville,
Tennessee, its officers, agents, successors, and assigns, shall :
1. Cease and desist:
(a) From in any manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purposes of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the National
Labor Relations Act;
(b) From discouraging membership in the Amalgamated Cloth-
ing Workers of America, by discharging or refusing to reinstate
tiny of its employees or in any other manner discriminating in regard
to their hire or tenure of employment, or any term or condition of
their employment;
(c) From requiring employees or those applying for work to sign
individual contracts of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Offer to Florence Richardson, Maud Carter, Bessie Moore,
Estelle Cothern, Maud Foster, Annie Freeman, Daisy Harris, Ida
May Lane, Earline McDonald, Margaret White, Myrtle Merritt,
Maggie Randolph, Frieda Chandler, Dixie Carter, Minnie Lee Jor-
dan, Jack W. Smith, Susie E. Walker, Verra B. Warren, Daisy
Melton, Mildred White, Emma Bingham Fletcher, and Mrs. Maude
Chaffin, reinstatement to their former or substantially equivalent
positions on or before April 24, 1939, with seniority rights from
September 30, 1937, and without prejudice to their other rights and
privileges previously enjoyed;
(b) Post immediately in conspicuous places throughout its Nash-
ville plants and maintain for a period of at least thirty ( 30) consecu-
tive days notices stating that the respondent will cease and desist
in the manner aforesaid;
(c) 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.
AND IT IS HEREBY ORDERED that the cases of all persons mentioned
in the above charge and not herein reinstated shall be dismissed.
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