DARLINGTON MANUFACTURING COMPANY v. N.L.R.B.

Nos. 8790, 8861, 8906.

325 F.2d 682 (1963)

DARLINGTON MANUFACTURING COMPANY and Deering Milliken, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Textile Workers Union of America, AFL-CIO, Intervenor. TEXTILE WORKERS UNION OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Darlington Manufacturing Company and Deering Milliken, Inc., Intervenors. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DEERING MILLIKEN AND COMPANY, Inc., Respondent.

United States Court of Appeals Fourth Circuit.

Decided November 15, 1963.


Attorney(s) appearing for the Case

Thornton H. Brooks, Greensboro, N. C. (McLendon, Brim, Holderness & Brooks, Greensboro, N. C., on the brief) for Darlington Manufacturing Co.

Stuart N. Updike and John R. Schoemer, Jr., New York City (Townley, Updike, Carter & Rodgers, New York City, on the brief) for Deering Milliken, Inc., and Deering, Milliken and Company, Inc.

Nancy M. Sherman, Atty., N.L.R.B., Arnold Ordman, Gen. Counsel; (Dominick L. Manoli, Associate Gen. Counsel; Marcel Mallet-Prevost, Asst. Gen. Counsel, and James C. Paras, Atty., N.L.R.B., on the brief) for National Labor Relations Board.

Benjamin Wyle, New York City (Patricia Eames, New York City, on the brief) for Textile Workers Union of America, AFL-CIO.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and BELL, Circuit Judges, sitting en banc.


ALBERT V. BRYAN, Circuit Judge.

The National Labor Relations Board in these consolidated cases has made these pivotal decisions1:

1. Darlington Manufacturing Company committed an unfair labor practice under the National Labor Relations Act, Section 8(a) (3)2 — forbidding discrimination in regard to tenure of employment — by closing and liquidating its only plant, and discharging its employees...

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