Murray Shoe Co., Inc.

National Labor Relations Board - Board Decisions

Jan 11, 1939

10 N.L.R.B. 1085 (N.L.R.B. 1939)

In the Matter of MURRAY SHOE CO., INC. and UNITED SHOE WORKERS
OF AMERICA, AFFILIATED WITH THE COMMITTEE FOR INDUSTRIAL
ORGANIZATION
Case No. C-1093.-Decided January 11, 1939
Shoe Manufacturing Industry-Settlement : agreement to comply with the
provisions of the Act-Order: entered on stipulation.
Mr. Bernard J. Donoghue, for the Board.
Mr. Murray Rosenthal, of Boston, Mass., for the respondent.
Mr. Nick Iodice, of Boston, Mass., for the United.
Miss Edith Gorman and Miss Vina DePetris, of Melrose, Mass.,
for the Associates.
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, affiliated with the Committee for Industrial Or-
ganization, 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 7, 1938, against Murray Shoe Co., Inc., Melrose, 'Massa-
chusetts, 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), (2), and (3) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. A copy of the complaint and notice of
hearing thereon were duly served upon the respondent, the Murray
Associates, and the United. The respondent did not file an answer
to the complaint.
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent dominated and interfered with the
formation and administration of a labor organization among its
employees, known as Murray Associates, herein called the Associates,
and that the respondent contributed financial and other support to the
10 N. L . R. B., No. 96. 1085
1086 NATIONAL LABOR RELATIONS BOARD
Associates ; that the respondent terminated the employment of and
refused to reinstate one named employee because she was a member
of and engaged in activities in behalf of the United, and also because
she engaged in concerted activities with other employees of the
respondent for the purpose of collective bargaining and other mutual-
aid and protection; and that the respondent, by the aforesaid activi-
ties and by threats, coercion, and intimidation, interfered with, re-
strained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On December 9, 1938, the respondent, the United, the Associates,
and counsel for the Board entered into a stipulation in -settlement
of the case. This stipulation provides as follows :
Upon charges duly filed by United Shoe Workers of America,
affiliated with the Committee for Industrial Organization, with
offices at 115 Blackstone Street, Boston, Massachusetts, by Nick
Iodice, business agent and accredited representative for this pur-
pose, A. Howard Myers, Regional Director for the National
Labor Relations Board (hereinafter called the Board), acting
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, approved July 5, 1935, (hereinafter called
the Act) and acting pursuant to its Rules and Regulations, Series
1, as amended, issued its Complaint and Notice of Hearing on
December 7, 1938 against Murray Shoe Co., Inc. (hereinafter
called the Respondent), Melrose, Massachusetts.
The Charge as Amended, Complaint, Notice of Hearing, and
a copy of the Rules and Regulations of the Board, Series 1, as
amended April 27, 1936, were duly served upon the Respondent,
Murray Associates, and upon the United Shoe Workers of Amer-
ica, affiliated with the Committee for Industrial Organization
(hereinafter called the Union), on December 8, 1938, in accord-
ance with said Rules and Regulations, which hearing was
scheduled to begin at 9: 30 A. M. on December 15, 1938, in Court-
room No. 5, Federal Building, Boston, Massachusetts.
It is hereby stipulated and agreed by and between the Re-
spondent, the Union, Murray Associates and Bernard J. Don-
oghue, Attorney for the Board, as follows :
1. The Respondent is and has been since February 1, 1938, a
corporation organized under and existing by virtue of the laws
of the Commonwealth of Massachusetts, having its principal
office and place of business in the City of Melrose, Middlesex
County, Commonwealth of Massachusetts (hereinafter called the
Melrose Plant), in dealing in leather and footwear and the manu-
facture and sale of shoes, sandals and other products.
DECISIONS AND ORDERS 1087
2. The Respondent, in the course and conduct of its business
and in the operation of its Melrose Plant, causes and has con-
tinuously caused large quantities of upper leather, sole leather,
rubber, cloth, shoe lining, shanks, counters, heels, tacks, thread,
eyelets, fabricated metals, glue and miscellaneous other materials
and products used by it in the manufacture of its finished product
to be purchased and transported in interstate commerce from
and through states of the United States other than the Common-
wealth of Massachusetts, including South Carolina, New York,
Pennsylvania and Connecticut, to the Melrose Plant in the Coin-
monwealth of Massachusetts, and causes and has continuously
caused large quantities of its finished products, including leather,
footwear, shoes, sandals and miscellaneous items manufactured
and produced by Respondent to be sold, transported and dis-
tributed in interstate commerce from the Melrose Plant in the
Commonwealth of Massachusetts, to, into and through states of
the United States other than the Commonwealth of Massachu-
setts, including New York, Pennsylvania, Maryland, North Caro-
lina, South Carolina, Virginia, California, Missouri, and Illinois.
3. Since February 1, 1938 to date, the net sales of the Respond-
ent amounted to approximately one hundred thousand dollars
($100,000). During this period approximately 50% of the raw
materials used at the Melrose Plant of Respondent was received
from states of the United States other than the Commonwealth
of Massachusetts and approximately 75% of the products manu-
factured by the Respondent at its Melrose Plant were shipped
out of the Commonwealth of Massachusetts to states of the
United States other than the Commonwealth of Massachusetts.
Respondent admits it is engaged in interstate commerce and
agrees not to contest the jurisdiction of the Board in this
proceeding.
4. The United Shoe Workers of America, affiliated with the
Committee for Industrial Organization is a labor organization
as defined in Section 2, subsection (5) of the Act.
5. The Respondent and its officers, agents and assigns shall:
(a) Cease and desist from discouraging membership in the
United Shoe Workers of America, affiliated with the Committee
for Industrial Organization, by discriminating against its em-
ployees in regard to hire or tenure of employment or terms or
conditions of employment;
(b) Cease and desist from in any manner interfering with,
restraining or coercing its employees in the exercise of their right
to organize, to form, join, or assist labor organizations, to bar-
1088 NATIONAL LABOR RELATIONS BOARD
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of collec-
tive bargaining for their mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act;
(c) Withdraw all recognition immediately from Murray As-
sociates as a representative of any of its employees for the pur-
poses of dealing with Respondent concerning grievances, labor
disputes, rates of pay, wages, hours of employment or other con-
ditions of employment and completely disestablish Murray Asso-
ciates as such representative;
(d) Offer to Anita Lago immediate and full reinstatement to
her former position without prejudice to her seniority or other
rights and privileges and pay immediately and directly to Anita
Lago as back pay the sum of one hundred and twenty dollars
($120.00) ;
(e) Post immediately, and keep posted for a period of at least
thirty (30) consecutive days from the date of posting, notices
to its employees, in conspicuous places at its Melrose Plant, stat-
ing that the Respondent shall cease and desist in the manner
set forth in Paragraph 5, (a), (b), and (c) hereof;
(f) Notify the Regional Director for the First Region in
writing within forty, (40) days from this date, of its compliance
with the terms of this stipulation ;
6. The Respondent, the Union and Murray Associates waive
all rights to a hearing, as set forth in Section 10 (b) and Section
10 (c) of the Act.
7. This stipulation together with the Charge as Amended, the
Complaint, Notice of Hearing, and Rules and Regulations of the
Board, and Proof of Service thereof upon the parties may be
introduced as evidence by filing them with the Chief Trial
Examiner of the Board at Washington, D. C.
8. Upon this Stipulation, if approved by the National Labor
Relations Board, an Order may forthwith be entered by the Na-
tional Labor Relations Board and by the appropriate Circuit
Court of Appeals, waiving further notice of the application
therefor, incorporating the terms of Paragraph 5, sub-para-
graphs (a), (b), (c), (d), (e), and (f) hereof.
On December 13, 1938, the charge, as amended, the complaint with
notice of hearing, National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, and the stipulation were filed with
the Chief Trial Examiner of the Board at Washington, D. C., and
thereby became part of the record in the case.
On December 19, 1938, the Board issued its Order approving the
above stipulation, making it part of the record, and transferring
DECISIONS AND ORDERS 1089
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
manufacture and sale of leather shoes, sandals, and other leather
products, with its principal office and place of business at Melrose,
Massachusetts. In the manufacture of its finished products the re-
spondent uses the following materials : Upper leather, sole leather,
rubber, cloth, sole lining, shanks, counters, heels, tacks, thread, eye-
lets, fabricated metals, and glue. In the course of its business the
respondent has received at its Melrose plant large quantities of the
afore-mentioned materials from States of the United States other
than the Commonwealth of Massachusetts. During the period from
February 1, 1938, to December 9, 1938, approximately 50 per cent of
the raw materials used by the respondent at the Melrose plant were
received from States of the United States other than the Common-
wealth of Massachusetts. During the same period the net sales of
the respondent amounted to approximately $100,000. During this
same period approximately 75 per cent of the products manufactured
by the respondent at its Melrose plant were shipped to points outside
the Commonwealth of Massachusetts.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
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 Na-
tional Labor Relations Act, the National Labor Relations Board hereby
orders that Murray Shoe Co., Inc., Melrose, Massachusetts, and its
officers, agents, and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in the United Shoe Workers of
America, affiliated with the Committee for Industrial Organization,
by discriminating against its employees in regard to hire or tenure of
employment or terms or conditions of employment;
(b) In any manner interfering with, restraining, or coercing its
employees in the exercise of their right to organize, to form, join, or
assist labor organizations, to bargain collectively through representa-
tives of their own choosing, and to engage in concerted activities for
1090 NATIONAL LABOR RELATIONS BOARD
the purpose of collective bargaining for their mutual aid or protec-
tion, as guaranteed in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Withdraw all recognition immediately from Murray Associates
as a representative of any of its employees for the purposes of dealing
with the respondent concerning grievances, labor disputes, rates of
pay, wages, hours of employment or other conditions of employment
and completely disestablish Murray Associates as such representative;
(b) Offer to Anita Lago immediate and full reinstatement to her
former position without prejudice to her seniority or other rights and
privileges and pay immediately and directly to Anita Lago as back
pay the sum of one hundred and twenty dollars ($120.00) ;
(c) Post immediately, and keep posted for a period of at least thirty
(30) consecutive days from the date of posting, notices to its em-
ployees, in conspicuous places at its Melrose Plant, stating that the
respondent shall cease and desist in the manner set forth in para-
graphs (a), (b), and (c) of part 1 hereof;
(d) Notify the Regional Director for the First Region in writing
within forty (40) days from the date of the stipulation (December 9,
1938) of its compliance with the terms of the aforesaid stipulation.