Eagle Shoe Mfg. Company, Inc.

National Labor Relations Board - Board Decisions

Jan 26, 1939

10 N.L.R.B. 1426 (N.L.R.B. 1939)

In the Matter Of EAGLE SHOE MFG. COMPANY, INC. and UNITED SHOE
WORKERS OF AMERICA, LOCAL 18, AFFILIATED WITH THI CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. C-1106.Decided January 26,'1939
Shoe, Manufacturing . Industry-Settlement : agreement ' providing for 'com-:
pliance with the Act-Order: entered on stipulation..
Mr. Benjamin E Gordon, for the,Board.
Mr. William J. Good and Mr. James B. Brown, of Boston, Mass.,
for the respondent.
Mr. Clyde Mitchell, of Chelsea, Mass., for the United.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Shoe,
Workers of America, Local 18, affiliated with the Congress of Indus-
trial Organizations, herein called the United, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the First Region (Boston, Massachusetts), issued its complaint
dated December 10, 1938, against Eagle Shoe Mfg. Company, Inc.,
Everett, Massachusetts, herein called the respondent, alleging that
the respondent had engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of Section 8 (1),
(3), and (5) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. A copy of the
complaint, accompanied by notice of hearing, was duly served upon
the respondent and the United.
Concerning the unfair labor practices, the complaint alleged, in
substance, that although a majority of the employees in an appropri-
ate unit designated the United as their representative for the purposes
of collective bargaining, the respondent refused to bargain collectively
'On December 15, 1938, the Board ordered this case consolidated with Case No.
I-R-248 which involved the same parties. On January 10, 1939, the Board ordered these
two cases severed from each other.
10 N. L. R. B., No. 127.
1426
DECISIONS AND ORDERS 1427,
with the United; that the respondent terminated the employment
of -and refused to reinstate certain named employees because they
were members of and were active in behalf of the United and because
they engaged in concerted activities with other employees of the
respondent for their mutual aid and protection; that the respondent,
by the-afore-mentioned activities, and by spying upon meetings of
the United, making derogatory remarks about labor unions, and by
other acts, interfered with, restrained, and coerced its employees in,
the exercise of the rights guaranteed in Section 7 of the Act.
On December 16, 1938, the respondent filed its answer- to the,com-
plaint in -which it admitted, the allegations concerning the.nature
and scope of its business, but denied the allegations of unfair labor
practices. The respondent's answer was accompanied by a 'motion
to dismiss the complaint on the grounds that the complaint failed to,
state facts which constituted the alleged violations of the Act charged'
therein and that the complaint was not sufficiently clear or definite
to allow the respondent properly to prepare a defense. At the 'same-
time, the respondent also filed a motion to, strike certain paragraphs
of the complaint, and a motion that the allegations of the complaint
be made more -specific. -
Pursuant to notice, a hearing was held at Boston,'Massachusetts,
on December 19 and 20, 1938, before Webster Powell; the Trial
Examiner duly designated by the Board. The respondent, the
United, and the Board were represented by counsel and participated
in the proceeding. Full opportunity to be heard, to 'examine and'
cross-examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties. During the hearing on December 20;
1938, the Trial Examiner received in evidence without objection a-
stipulation in settlement of the' case entered into by the respondent,
the United, and counsel for the Board. As a result of this stipula-
tion, the hearing was adjourned without a ruling having been made
by the Trial Examiner' on the above-mentioned motions of . the
respondent. The, respondent's motions are hereby denied. The
aforesaid stipulation provides as follows :
STIPULATION '
It is hereby stipulated by and between Eagle Shoe Mfg. Com-
pany, Inc. (hereinafter referred to as the Respondent), United
Shoe-Workers of America, Local 18, affiliated with the Congress
of Industrial Organizations (hereinafter referred to as the 'Union)-
and • Benjamin E. Gordon, Attorney, National Labor Relations
Board, ' that :
1. Upon Second Amended Charge duly filed by the Union, the
National Labor Relations Board, by A. Howard Myers, Regional
1428 NATIONAL LABOR RELATIONS BOARD
Director for the First Region, (Boston, Massachusetts), acting
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, 49 Stat. 449, approved July 5, 1935 (herein-
after referred to as the, Act), and acting pursuant to its Rules and
Regulations, Series 1, as amended, Article IV, Section- 1, issued
its Complaint and Notice of Hearing on December 10, 1938,
against the Eagle Shoe Mfg. Company, Inc., respondent herein.
II. The Second Amended Charge, Complaint and Notice of
Hearing thereon, and copy of the National Labor Relations Board
Rules and Regulations, Series 1, as amended,, were duly served
upon the, Respondent and the Union on December 12, 1938, said
hearing,being scheduled for December 19, 1938, 10 A. M., inFed-
eral Courtroom No. 5, Federal Building, Boston, Massachusetts.
III. Respondent is and has been since November 29, 1920, a
corporation organized under and,existing by virtue of the laws of
the Commonwealth of Massachusetts and is now and has con-
tinuously been engaged at a place of business on Paris Street,
in the City of Everett, County of Middlesex, Commonwealth of,
Massachusetts, (hereinafter referred to as the Plant) in the pro-
duction, sale and distribution of shoes of various kinds, including
men's and boys' shoes.
IV. Respondent, in the course and conduct of its business,
causes and has continuously caused more than 50% of the raw and"
other materials used in the manufacture of its products to be
purchased and transported in interstate commerce from and)
through 's`tates of the United States'othei`'than the, Commonwealth
of Massachusetts to its Plant in the Commonwealth of Massachu-
setts, and causes and has continuously caused, approximately 85%
of the products manufactured by it to be sold and transported in
interstate commerce from its Plant in the Commonwealth of
Massachusetts to,, into and through states of the United States
other than the Commonwealth of Massachusetts.
1. Respondent's output (a) in terms of dollars is approxi-
mately $1,092,700 yearly, and (b) in terms of bulk is approxi-
mately 831,200 pairs of shoes yearly.
2. The approximate dollar volume of raw materials shipped
yearly to Respondent from sources outside the Commonwealth
of Massachusetts is $928,795.00.
V. Respondent is engaged in interstate commerce within the
meaning of the National Labor Relations Act.
VI. Respondent, in the normal course and conduct of its busi-
ness at its Plant employs approximately 300 production employees.
VII. The Union is a labor organization within the meaning of
Section 2, subdivision (5) of the National Labor Relations Act.
DECISIONS AND ORDERS 1429
VIII. The production employees at the Plant of Respondent,
exclusive of executives, supervisors, watchmen, engineers, firemen,
maintenance and clerical employees, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 of the Act.
IX. The Union is the representative for purposes of collective
bargaining of a majority of the employees in the unit stated in
Paragraph VIII hereof and by virtue of Section 9 (a) of the
said Act, is and is recognized by the Respondent as the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining in regard to rates of pay, wages, hours of
'employment and other conditions of employment.
X. It is further stipulated that upon the pleadings, record and
upon this stipulation, if approved by the National Labor Rela-
tions Board, an Order may forthwith be entered by said Board
and by the appropriate Circuit Court of Appeals, if the Board
desires to make application thereto, providing as follows:
1. Respondent, its officers, agents, successors and assigns will
cease and desist from :
(a) In any manner interfering with, restraining, or coercing
its employees in the exercise of their right to self-organization,
to form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purposes of collective bargaining or
-other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act;
(b) Discouraging membership in the United Shoe Workers of
America, Local 18, affiliated with the Congress of Industrial Or-
ganizations, or any other labor organization of its employees by
discriminating in regard to hire or tenure of employment or any
term or condition of employment;
(c) Refusing to recognize the United Shoe Workers of America,
Local 18, affiliated with the Congress of Industrial Organizations,
as the exclusive representative for the purposes of collective
bargaining of its employees, exclusive of executive , super-
-visors, watchmen, engineers, firemen, maintenance and clerical
employees.
2. Respondent, its officers, agents, successors and assigns will
take the following affirmative action to effectuate -the' policies of
the Act :
(a) Offer, to Walter Biskupek, Joseph Wolent, and Richard
Birmingham immediately upon resuming operations at its Plant,
full reinstatement to their former positions in ,the Plant without
loss of any rights and privileges previously enjoyed by them;
147841-39-vol 10--91
1430 NATIONAL LAP,OR RELATIONS BOARD
(b) Upon,request bargain collectively with the United Shoe
Workers of America, Local 18, affiliated with the Congress of In-
dustrial Organizations , as the exclusive representative of its em-
ployees, exclusive of executives , supervisors , watchmen , engineers,
firemen, maintenance and clerical employees;
(c) Post notices at its Plant embodying the cease and desist
provisions of the Order, such notices to remain posted in conspicu-
ous places in the Plant for a period of thirty operating days after
posting.
XI. It is further agreed that this stipulation shall be null and
void and of no effect in the event the National Labor Relations
Board does not approve this stipulation and does not enter an
Order based upon the terms and provisions of the said stipulation,
and that in the event the Board does not approve the stipulation
and issue an Order based upon the terms and provisions of the
said stipulation the hearing shall be reconvened and all parties
shall have full and complete opportunity to introduce such testi-
mony as they desire, within the issues as framed.
XII. It is further agreed that Respondent will abide by this
stipulation and any Order thereon which may be issued by the Na-
tional Labor Relations Board or the appropriate Circuit Court
of Appeals if application is made thereto by the National Labor
Relations Board. Respondent waives its rights to contest the
entry of any such decree and its right to receive notice of the
filing of an application for the entry of such decree, in the form
set forth above.
On January 3, f939, the Board issued its order approving the above
stipulation , making it part of the record in the case, and transferring
the proceeding to the Board for the purpose of entry of a decision and
order by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent , a Massachusetts corporation , is engaged in the pro-
duction, sale , and distribution of shoes, with its principal office and
place of business at Everett, Massachusetts.
More than 50 per cent of the materials used by the respondent in
its operations are received by it from points outside the State of Massa-
chusetts . The raw materials received by the respondent yearly from
points outside the State of Massachusetts amount to about $928,795.
Approximately 85 per cent of the products manufactured by the re-
spondent are sold and shipped from the respondent 's plant to points
DECISIONS AND ORDERS 1431
outside the State of Massachusetts. The respondent produces annually
approximately 831,200 pairs of shoes amounting in value to approxi-
mately $1,092,700. The respondent stipulated that it is engaged in
interstate commerce within the meaning of the Act. In the normal
course of its business the respondent employs approximately 300
people.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
IT. THE ORGANIZATION INVOLVED
United Shoe Workers of America, Local 18, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership the employees of the respondent.
III. THE APPROPRIATE UNIT
We find that all the production employees at the respondent's plant,
exclusive of executives, supervisors, watchmen, engineers, firemen, and
maintenance and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining, and that such unit insures to
the employees the full benefit of their rights to self-organization and
collective bargaining, and otherwise effectuates the policies of the Act.
IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT
We find that a majority of the employees in the aforesaid unit have
designated the United as their representative, for the purposes of col-
lective bargaining with the respondent. By virtue of Section 9 (a)
of the, Act, therefore, the United was and is the exclusive representa-
tive of all employees in the aforesaid unit for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.
ORDER
Upon the basis of the above findings of fact, stipulation, and 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 Eagle Shoe Mfg. Company, Inc., Everett, Massa-
chusetts, and its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their right to self-organization, to form,
join, or assist labor organizations to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purposes of collective bargaining or other mutual
1432 NATIONAL LABOR RELATIONS BOARD
aid or protection as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in the United Shoe Workers of
America, Local 18, affiliated with the Congress of Industrial Or-
ganizations, or any other labor organization of its employees by
discriminating in regard to hire or tenure of employment or any
term or condition of employment;
(c) Refusing to recognize the United Shoe Workers of- America,
Local 18, affiliated with the Congress of Industrial Organizations,
as the exclusive representative for the purposes of collective bar-
gaining of its employees, exclusive of executives, supervisors, watch-
men, engineers, firemen, and maintenance and clerical employees.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to Walter Biskupek, Joseph Wolent, and Richard Bir-
mingham immediately upon resuming operations at its plant, full
,reinstatement to their former positions in the plant without loss of
any rights and privileges previously enjoyed by them;
(b) Upon request bargain collectively with the United Shoe
Workers of America, Local 18, affiliated with the Congress of Indus-
trial Organizations, as the exclusive representative of its employees,
,exclusive of executives, supervisors, watchmen, engineers, firemen, and
maintenance and clerical employees ;
(c) Post notices at its plant embodying the cease and desist pro-
visions of this Order, such notices to remain posted in conspicuous
places in the plant for a period of sixty (60) operating days after
posting;
(d) Notify the Regional Director for the First Region within ten
(10) days from the date of this Order what steps have been taken
to comply herewith.