W. T. Carter And Brother, a Partnership Composed Of: A. L. Carter; Frankie Carroll Bullington; Mary Carroll Iempner; Lena Carter Carroll Anderson; Dorothy Taylor And Gertrude Taylor Otto, In Their Individual Capacities And As Independent Executrices Of The Estate Of Jessie Carter Taylor; Agnese Carter Nelms; Agnese Carter Nelms, Trustee For Haywood Nelms, Jr.; Agnese Carter Nelms, Trustee For Agnese Carter Nelms (her Daughter); Agnese Carter Nelms, Trustee For Nancy Carter Nelms; Frankie Carter Randolph; Frankie Carter Randolph And Husband, R. D. Randolph, Co-trustees For Mrs. Aubrey Randolph Scott; Frankie Carter Randolph And Husband, R. D. Randolph, Co-trustees For Mrs. Jean Randolph Longmaid; Lena Carter Carroll; Aubrey L. Carter, Trustee For Aubrey L. Carter, Jr.; Aubrey L. Carter, Trustee For Thomas L. Carter; W. T. Carter, Jr., A. L. Carter, And J. Winston Carter, Trustees Under Instrument Executed By Ernest Anderson Carter And Martha Caton Carter, April 4, 1928; Mrs. Florence Thomas, Individually, ..., 2020 (1950)

Docket Number: k1-CA-82

Parts: 2088

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In the Matter of W. T. CARTER AND BROTHER, A PARTNERSHIP COMPOSED OF: A. L. CARTER; FRANKIE CARROLL BULLINGTON; MARY CARROLL IEMPNER; LENA CARTER CARROLL ANDERSON; DOROTHY TAYLOR AND GERTRUDE TAYLOR OTTO, IN THEIR INDIVIDUAL CAPACITIES AND AS INDEPENDENT EXECUTRICES OF THE ESTATE OF JESSIE CARTER TAYLOR; AGNESE CARTER NELMS; AGNESE CARTER NELMS,

TRUSTEE FOR HAYWOOD NELMS, JR.; AGNESE CARTER NELMS, TRUSTEE FOR AGNESE CARTER NELMS (HER DAUGHTER); AGNESE CARTER NELMS, TRUSTEE FOR NANCY CARTER NELMS; FRANKIE CARTER RANDOLPH; FRANKIE CARTER RANDOLPH AND HUSBAND, R. D. RANDOLPH,

CO-TRUSTEES FOR MRS. AUBREY RANDOLPH SCOTT; FRANKIE CARTER RANDOLPH AND HUSBAND, R. D. RANDOLPH, CO-TRUSTEES FOR MRS.

JEAN RANDOLPH LONGMAID; LENA CARTER CARROLL; AUBREY L.

CARTER, TRUSTEE FOR AUBREY L. CARTER, JR.; AUBREY L. CARTER,

TRUSTEE FOR THOMAS L. CARTER; W. T. CARTER, JR., A. L. CARTER,

AND J. WINSTON CARTER, TRUSTEES UNDER INSTRUMENT EXECUTED BY ERNEST ANDERSON CARTER AND MARTHA CATON CARTER, APRIL 4, 1928; MRS. FLORENCE THOMAS, INDIVIDUALLY, AND BYRON J. THOMAS,

CARROLL C. THOMAS, PEYTON F. THOMAS, AND TAYLOR W. THOMAS,

AS INDEPENDENT EXECUTORS AND TRUSTEES UNDER THE LAST WILL OF JACK THOMAS, DECEASED; W. T. CARTER, JR.; W. T. CARTER, III;

VICTOR N. CARTER and INTERNATIONAL WOODWORKERS OF AMERICA,

CIO Case No. k1-CA-82.-Decided August 22, 1950 DECISION AND ORDER On November 29, 1949, Trial Examiner Sidney L. Feiler issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices, and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. He also found that the Respondents had not engaged in certain other unfair labor practices alleged in the complaint and recommended dismissal of those allegations. Thereafter, the Respondents filed exceptions to the Intermediate Report and a supporting brief.

90 NLRB No. 257.

2020 2021 The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the case,1 and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner,2 except insofar as they are incon- * sistent with the Decision and Order herein.

The unfair labor practices prior to September 19/8 As described in detail in the Intermediate Report, the Respondents own or control, in addition to their business facilities, all the property in and adjacent to the town of Camden, Texas. In sum, Camden is a 'company town,' where no large assembly of employees for the purposes of self-organization can take place except on company property. On June 29, July 2, July 9, and July 13, 1948, union organizers attempted to hold open-air meetings for the Respondents' employees in Camden after working hours. The Respondents chose to treat the union organizers as trespassers, and prevented the holding of these meetings. On each of the first three occasions, the Respondents, acting through their managing partner, A. L. Carter, requested the county sheriff to prevent the holding of any meeting on company property.3 As a result, the June 29 assembly was stopped by the arrest of the organizers shortly after the meeting started.4 On July 2, the organizers were prevented from even starting a meeting, having been warned beforehand by the sheriff's deputies that they would be arrested if they either went off, or stopped in, the streets of Camden.

Consequently, the organizers were restricted on this occasion to driving through the streets and broadcasting through a loudspeaker, but even then were followed during most of the broadcast by one of the Respondents' superintendents in a company car.2 On July 9, the organizers were again restricted, by instructions of a deputy sheriff, to the mobile use of the streets, and this time they were followed by two I The Respondents' request for oral argument is denied, because the record and the Respondents' exceptions and brief, in our opinion, adequately present the issues and the positions of the parties.

2 The Respondents' motion to dismiss the complaint, because the parent body of the Union herein was not in compliance with the filing requirements of the Act at the time of the issuance of the complaint, is denied. Bethlehem Steel Company, Shipbuilding Division, and Bethlehem-Sparrows Point Shipyard, Inc., 89 NLRB 841; J. H. Rutter-Rex Manufacturing Co., Inc., 90 NLRB 130.

3On July 9, the request was made by one of the Respondents' superintendents at Carter's direction.

4 When consulted about these arrests, Carter took the position that the organizers could be released only if they agreed not to come back on company property.

5 On this occasion, Carter also told one of the organizers that h...

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