Glen Raven Silk Mills, Inc., 239 (1962)

Docket Number:11-CA-00288
 
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GLEN RAVEN SILK MILLS, INC. 239

Appendix A NOTICE TO ALL EMPLOYEES

Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that :

WE WILL NOT interrogate our employees regarding their union affiliations, memberships, or sympathies or those of their coworkers, or warn or threaten our employees with economic reprisals because of union membership or activities or in any other manner interfere with, restrain, or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist AWNING & TENT WORKERS AND DECORATORS LOCAL No. 39, affiliated with UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA, A. F. L., or any other labor organization, 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, or to refrain from any and all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8 (a) (3) of the National Labor Relations Act.

All our employees are free to become or remain members of the above-named union or any other labor organization except to the extent that this right may be affected by an agreement in conformity with Section 8 (a) (3) of the amended Act.

H. WENZEL TENT & DUCK COMPANY,

Employer.

Dated --------------------- By --------------------------------------(Representative) (Title),

This notice must remain posted for 60 days from the date hereof , and must not be altered, defaced, or covered by any other material.

(GLEN RAVEN SILK MILLS, INC. and UNITED TExTILE WORKERS OF AMERICA, AFL. Case No. 11-C.4-288. November 6, 1962

Decision and Order On March 19, 1952, Trial Examiner C. W. Whittemore 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 therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respondent filed exceptions to the Intermediate Report.

The Board' has reviewed the rulings made by the Trial Examiner ' Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [ Chairman Herzog and Members Styles and Peterson].

101 NLRB No. 62.

at the hearing and finds that no prejudicial error was committed.

The rulings are hereby affirmed. The Board has considered the Intermediate Report, the Respondent's exceptions, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner with the following modificationsand additions.

  1. The Trial Examiner stated, in the case of Huskins, that, upon the establishment by the General Counsel of a prima facie case of illegal discrimination, the Respondent was required to produce 'overwhelming evidence' that Huskins was in fact discharged for cause. In every case, a violation of the Act must be proved by the General Counsel by the preponderance of the evidence and, insofar as the Trial Examiner's statement implies the contrary, we do not adopt it. However, like the Trial Examiner, we find that the preponderance of the evidence does in fact establish that Huskins was discharged for discriminatory reasons, and not for inefficiency, as alleged by the Respondent, and we find that the Respondent thereby violated Section 8 (a) (3) and (1) of the Act.

  2. After weighing all the relevant evidence in the cases of Boone and Wilson, we find upon the preponderance of the evidence, in agreement with the Trial Examiner, that the Respondent discharged them for union activity, in violation of Section 8 (a) (3) and (1) of the Act? 3. The Trial Examiner found that the promulgation and enforcement of the Respondent's rule against the distribution of literature 'on Company property' (including the area adjacent to the plant), unless approved by management, interfered with, restrained, and coerced the employees in the exercise of rights guaranteed by the Act. We agree, and find, that the Respondent thereby violated Section 8 ( a) (1) of the Act. In so finding, we do not mean to hold that an employer may not adopt a nondiscriminatory rule against the distribution of literature in the plant proper, even during the employees' nonworking timer in the interest of keeping the plant clean and orderly.8

    Order Upon 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 the Respondent, Glen Raven Silk Mills,

    Inc., its officers, agents, successors, and assigns, shall:

    ' We do not, however, adopt the Trial Examiner 's statement that the preceding discharges of Huskins and Boone , in themselves, established a 'prima facie' case of discrimination against Wilson.

    E Colonial Shirt Corporation , 96 NLRB 711 ; Monolith Portland Cement Co ., 94 NLRB1358.

    GLEN RAVEN SILK MILLS, INC. 241

  3. Cease and desist from :

    (

    1. Discouraging membership in United Textile Workers of America, AFL, or in any other labor organization of its employees, by discriminatorily refusing to hire, or discharging or refusing to reinstate any of them, or by discriminating in any other manner in regard to their hire, tenure of employment, or any term or condition of employment.

    (b) Promulgating or enforcing any discriminatory rule prohibiting its employees from engaging in reasonable union activities on company property on their own time, or in any other manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form labor organizations, to join or assist United Textile Workers of America, AFL, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in collective bargaining or other mutual aid or protection, or to refrain from any or all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8 (a) (3) of the Act, as guaranteed in Section 7 thereof.

  4. Take the following affirmative action which we find will effectuate the policies of the Act :

    (

    1. Offer to Sam A. Huskins and Perry Boone immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges.

    (b) Make whole the above-named individuals in the manner set forth in section V of the Intermediate Report entitled 'The Remedy.' (c) Make whole Martha B. Wilson, administratrix of the estate ofClifton Wilson, in the manner set forth in the section entitled 'The Remedy.' (d) Upon request, make available to the Board or its agents for examination and copying all payroll records, social security payment records, time cards, personnel records and reports, and all other records necessary to analyze the amounts of back pay due under this Order.

    (e) Post at its plant in Burnsville, North Carolina, copies of the notice attached hereto and marked 'Appendix A.' 4 Copies of such notice, to be furnished by the Regional Director for the Eleventh Region, shall, after being duly signed by the Respondent's authorized representative, be posted by the Respondent immediately upon receipt thereof, and maintained by it for sixty (60) consecutive days there4 In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words 'Pursuant to a Decision and Order ' the words.

    'Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order.' after, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material.

    (f) Notify the Regional Director for the Eleventh Region, in writing, within ten (10) days from the date of this Order, what steps the Respondent has taken to comply herewith.

    Appendix A NOTICE TO ALL EMPLOYEES

    Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that:

    WE WILL NOT discourage membership in UNITED TEXTILE WORKERS OF AMERICA, AFL, or in any other labor organization of our employees, by refusing to hire, by discharging any of our employees, or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of their employment.

    WE WILL NOT promulgate or enforce any rule...

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