23 N.L.R.B. 616 (N.L.R.B. 1940)

Brown Shoe Co., Inc.

National Labor Relations Board - Board DecisionsMay 7, 1940

23 N.L.R.B. 616 (N.L.R.B. 1940)

In the Matter of BROWN SHOE COMPANY, INC., AND ITS WHOLLY OWNED SUBSIDIARY, MOENCH TANNING COMPANY, INC. and NATIONAL LEATHER WORKERS ASSOCIATION LOCAL #44, AFFILIATED WITH THE COMMITTEE FOR INDUSTRIAL ORGANIZATION Cases Nos. R-967 and C-957 ORDER DENYING APPLICATION TO REOPEN May 7, 1940 On April 18, 1940, the Board issued a Decision and Order in the above-entitled cases.l On April 29, 1940, Moench Tanning Company, Inc., herein called the respondent, lodged with the Board its applica- tion for a reopening of the record, and for a consideration or in- vestigation by the Board of the matter whether National Leather Workers Association, Local #44, affiliated with the Committee for Industrial Organization, and Leather Workers Union of Gowanda, Local No. 44 of the International Fur Workers Union of the United States and Canada, affiliated with the C. I. O. z ever admitted to membership a majority of the respondent's employees within a unit described in said application.3 The Board hereby directs that said application be filed instanter as part of the record herein. The application makes no showing of proper cause for reopening the record, as required by National Labor Relations Board Rules and Regulations-Series 2, as amended. The matter of membership in the labor organization herein involved when known as National Leather Workers Association, Local #44, affiliated with the Com- mittee for Industrial Organization, as well as its designation as statutory representative by the Gowanda plant employees, was fully considered in the Decision. In this connection, nothing is submitted in support of the application other than a verification by the re- spondent's counsel of a fact contrary to the fact already found by the Board. There is no representation of the existence of pertinent 122N L R B 1080 'As set forth in the Decision , "National Leather Workers Association , Local #44, affil- iated with the Committee for Industrial Organizations," and "Leather Workers Union of Gowanda , Local No. 44 of the International Fur Workers Union of the United States and Canada, affiliated with the C. I. 0 ," are successive names of one and the same labor organization 3 The desci iption of the unit in the application to reopen does not compare precisely with the unit found in the Decision to be appropriate for the purposes of collective bargaining. 23 N. L. R. B., No 47. 616 BROWN SHOE COMPANY, INC. 617 facts or evidence not already adduced, let alone a showing as to the nature of such facts or evidence and why they were not submitted at the hearing. As regards membership in this labor organization sub- sequent to its adoption of the name Leather Workers Union of Gowanda, Local No. 44 of the International Fur Workers of the United States and Canada, affiliated with the C. I. 0., the applica- tion contains no positive verification of the alleged fact by someone having knowledge thereof, nor are any other facts shown supporting the verified belief of the respondent's counsel as to the verity of the alleged fact. What evidence is sought to be introduced does not appear. In any event, for reasons set forth in the Decision, an in- vestigation or consideration of membership in Leather Workers Union of Gowanda, Local No. 44 of the International Fur Workers Union of the United States and Canada, affiliated with the C. I. 0., would be immaterial. Moreover, it will be noted that the respondent in its application raises no matter of conflicting claims of rival unions regarding representation of its employees for collective bargaining purposes. The other labor organization herein involved was found in the Decision to be illegal under the Act. IT Is HEREBY onDERED that the application of Moench Tanning Com- pany, Inc., the respondent herein, to reopen the record for the pur- poses set forth in said application, be, and the same hereby is, denied. MR. WILLIAM M. LEisERsoN took no part in the consideration of the above Order Denying Application to Reopen.