N.L.R.B. v. Decaturville Sportswear Co., Inc., AFL-CI
| Decision Date | 23 May 1975 |
| Docket Number | 18256,I,18249,18250,AFL-CI,18154,Nos. 18064,s. 18064 |
| Citation | 518 F.2d 788 |
| Parties | 90 L.R.R.M. (BNA) 2355, 77 Lab.Cas. P 10,882 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DECATURVILLE SPORTSWEAR CO., INC., et al., Respondents. DECATURVILLE SPORTSWEAR CO., INC., et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Ladies' Garment Workers' Union,ntervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MARLENE INDUSTRIES CORPORATION et al., Respondents, International Ladies' Garment Workers' Union,ntervenor. MARLENE INDUSTRIES CORPORATION, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Ladies' Garment Workers' Union,ntervenor. FRISCO SPORTSWEAR CO., INC. and C. M. Jones, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Ladies' Garment Workers' Union,ntervenor. AYNOR MANUFACTURING COMPANY, INC., et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Ladies' Garment Workers' Union,ntervenor. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Charles H. White, Gullett, Steele, Sanford & White, Nashville, Tenn., for petitioners in Nos. 18064, 18249, 18250, 18256 and respondents in No. 18154.
Robert I. Cole, Murfreesboro, Tenn., for respondents in No. 18154.
Elliott Moore, Deputy Associate Gen. Counsel, Warren M. Davison, Paul Elkind, Charles N. Steele, A. Donald Rhoads, N. L. R. B., Washington, D. C., John J. A. Reynolds, Jr., Director, Region 26, N. L. R. B., for N. L. R. B.
Morris P. Glushien, New York City, for Intervenor, Intl. L. G. W. U.
Before CELEBREZZE, PECK and LIVELY, Circuit Judges.
Petitioner originally brought this action in September 1971, seeking to have Respondents held in civil contempt for failure to comply with this Court's judgment in Decaturville Sportswear Co. v. NLRB, 406 F.2d 886 (6th Cir. 1969). That judgment granted enforcement of a Board order requiring Respondents to cease and desist from unfair labor practices in connection with ongoing unionization activity at Respondents' various clothing manufacturing plants. By order of this Court the matter was referred to a Special Master, the Honorable Harry W. Wellford, United States District Judge for the Western District of Tennessee.
The case has now returned to this Court on exceptions taken by both the Board and Respondents to the findings of fact, conclusions of law and recommendations of the Special Master, as set out in two lengthy memorandums, dated October 5, 1973, and June 12, 1974. The Board accepts the Special Master's findings of fact but challenges a number of his conclusions of law. Respondents, for the most part, challenge a number of the Special Master's findings of fact as clearly erroneous.
Briefly summarized, the situation out of which this dispute arose is as follows. On June 23, 1970, Nelson Rushing, an employee in the pressing department of the Decaturville, Tennessee plant, was discharged. The Master concluded that he was discharged because of insubordination. The Board contends that Rushing's union proclivities were at least part of the reason for Rushing's discharge.
Rushing's discharge prompted a walkout of approximately fifty fellow pressers. These employees were then discharged. However, the Company sent each a letter the following day offering full reinstatement. The Special...
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