National Shoe Corp.

National Labor Relations Board - Board Decisions

Nov 9, 1938

9 N.L.R.B. 761 (N.L.R.B. 1938)

In the Matter of NATIONAL SHOE CORPORATION and CONTINENTAL
SHOE CORPORATION and UNITED SHOE WORKERS OF AMERICA, LOCAL
No. 36-A
Case No. C-719.-Decided November 9, 1938
Shoe Manufacturing Industry-Settlement : stipulation providing for compli-
ance with the Act-Order: entered on stipulation-Company-Dominated Union:
complaint dismissed, as to.
Mr. Benjamin E. Gordon, for the Board.
Mr. Benjamin Spinoza, of Boston, Mass., for the respondents.
Mr. Paul F. Shaughnessy, and Mr. Edward T. Simoneau, of Marl-
borough, Mass., for the Associates.
Mr. Thomas F. Nolan, and Mr. William P. Lepore, of Marlborough,
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 No. 36-A, 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 June 2, 1938, against National Shoe Cor-
poration, Marlborough, Massachusetts, and Continental Shoe Corpo-
ration, Portsmouth, New Hampshire, herein called the respondent
National and the respondent Continental, respectively, and the re-
spondents collectively, alleging that the respondents had engaged in
and were 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 the notice of hearing
thereon were duly served upon the respondent Continental I. and the
United.
1 At the hearing counsel for the respondent National waived service of these papers.
9 N. L. R. B., No. 70,
761
762 NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent National and the respondent Conti-
nental are owned, operated, controlled, and managed by the same
persons; that the respondent National dominated and interfered
with the formation and administration of a labor organization
among its employees known as the Marlborough Shoe Workers As-
sociates, Inc., herein called the Associates; that on October 22, 1937,
the respondent National closed down both its Maple Street plant
and its O'Connell plant and on opening its O'Connell plant on De-
cember 7, 1937, refused employment to 17 Maple Street plant em-
ployees who had been laid off at the time of the shut-down on October
22, 1937, for the reason that they had been active in behalf of the
United and had engaged in concerted action with other employees
of the respondent National for the purpose of collective bargaining
and other mutual aid and protection; and that the respondent Na-
tional by the afore-mentioned acts and by threats and other acts,
interfered with, restrained, and coerced its employees at its Maple
Street plant and O'Connell plant in the exercise of their rights guar-
anteed in Section 7 of the Act. The complaint alleged further that
the respondent Continental began operations at its Portsmouth plant
on or about November 8, 1937, using the respondent National's ma-
chinery and that it refused to employ the 17 afore-mentioned em-
ployees previously laid off by the respondent National for the reason
that they had been active in behalf of the United and had engaged
in concerted activities with other employees of the respondent
National.
Thereafter, both respondents filed their answers to the complaint
dated June 11, 1938, in which they denied all the material allega-
tions. Both respondents also filed their motions to dismiss the com-
plaint. The respondent National also filed a motion to stay the pro-
ceedings. On the suggestion of counsel for the respondents, the
Trial Examiner deferred rulings on these motions. The Board hereby
denies these motions.
Pursuant to notice, a hearing was held on June 13, 14, 15, 16, 17, 18,
and 20, 1938, at Boston, Massachusetts, before Henry J. Kent, the
Trial Examiner duly designated by the Board. The Board, the
respondent, and the Union were represented by counsel and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties. On June 15, 1938, the Associates
filed its petition to intervene in the proceedings. During the hearing
on June 17, 1938, the Trial Examiner denied the motion made by the
Associates to intervene. Thereafter, the Trial Examiner granted the
motion made without objection by counsel for the Board to amend the
DECISIONS AND ORDERS 763
complaint to delete the name of Charles Murdock from those alleg-
edly discharged by the respondent National and to amend the coin-
plaint in order to list the names of nine employees refused employ-
ment by the respondent Continental. During the course of the hear-
ing the Trial Examiner made several rulings on motions and on ob-
jections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings, other than the one related to the
intervention of the Associates, are hereby affirmed.
On June 20, 1938, during the hearing, the two respondents, the
United and counsel for the Board entered into a stipulation in settle-
ment of the case. Thereupon, the hearing was closed.
On June 22, 19385, the Board issued its order denying the Asso-
ciates an appeal from the Trial Examiner's ruling against their
petition to intervene. On June 30, 1938, the Board issued its order
approving the above-mentioned stipulation, making it a part of the
record, and transferring the proceeding to the Board. On July 8,
1938, certain individual members of the Associates filed a petition
to intervene. On July 18, 1938, the Board issued its order revoking
its order of approval and transfer issued on June 30, 1938; remand-
ing the proceedings to the Regional Director for the First Region
for the purpose of taking further evidence; revoking its order issued
earlier denying the Associates' appeal and granting the motion to
intervene made by the individual members of the Associates.
On September 8, 1938, the two respondents, the Associates, the
United, and counsel for the Board entered into a stipulation in set-
tlement of the case. The stipulation provides as follows :
STIPULATION
I. Upon charges as amended duly filed by the United Shoe
Workers of America, Local No. 36-A, hereinafter referred to as
United, through William P. Lepore, accredited agent and repre-
sentative of said United for this purpose, A. Howard Myers,
Regional Director for the First Region of the National Labor
Relations Board, acting pursuant to authority granted in Sec-
tion 10 (b) of the National Labor Relations Act, approved July
5, 1935, and acting pursuant to its Rules and Regulations, Series
1, as amended, Article IV, Section 1, issued its complaint and
notice of hearing on the 2nd day of June, 1938 against the Na-
tional Shoe Corporation, hereinafter referred to as respondent
National, and the Continental Shoe Corporation, hereinafter
referred to as respondent Continental, respondents herein.
II. The charge as amended, complaint and notice of hearing
thereon, as well as a copy of the Rules and Regulations, Series
1, as amended, of the National Labor Relations Board, were
764 NATIONAL LABOR RELATIONS BOARD
duly served upon the respondent Continental on June 3, 1938,
upon United on June 3, 1938, and service of the aforesaid in-
struments upon respondent National was waived by duly author-
ized counsel of said respondent, in accordance with said Rules
and Regulations, Series 1, as amended, Article V, Section 1;
which hearing began at 10 a. m. on June 13, 1938 in the District
Court Room, Court House, Main Street, Marlborough, Massa-
chusetts and was continued from day to day until June 20, 1938.
III. Respondent National is and has been since August 27,
1924 a corporation organized under and existing by virtue of
the laws of the Commonwealth of Massachusetts, having its
principal office and place of business at Marlborough, in the
County of Middlesex, Commonwealth of Massachusetts, and was
continuously engaged from on or about January 1, 1934 up until
on or about October 22, 1937, in the operation of a plant on
Maple Street in the City of Marlborough, County of Middle-
sex, Commonwealth of Massachusetts (hereinafter called the
Maple Street Plant) and is now and has since on or about Feb-
ruary 1, 1937 been engaged in the operation of a plant on Howe
Street in the City of Marlborough, County of Middlesex, Com-
monwealth of Massachusetts (hereinafter called the O'Connell
Plant) in the production, sale and distribution of shoes of vari-
ous natures , kinds and descriptions.
IV. Respondent Continental is and has been since November
8, 1937 a corporation organized under and existing by virtue of
the laws of the Commonwealth of Massachusetts, having its prin-
cipal office and place of business on McDonough Street in the
City of Portsmouth, County of Rockingham, State of New
Hampshire, and is now and has continuously been engaged in
the operation of a plant on McDonough Street in the City of
Portsmouth, County of Rockingham, State of New Hampshire
(hereinafter called the Portsmouth Plant) in the production,
sale and distribution of types of shoes commonly called "sport"
shoes.
V. United is a labor organization within the meaning of the
National Labor Relations Act.
VI. Marlborough Shoe Workers Associates, Inc. (hereinafter
referred to as Associates) is a labor organization within the
meaning of said Act.
VII. Respondents National and Continental are engaged in
interstate commerce within the meaning of said Act.
VIII. The raw materials used in the operation of the business
of respondents National and Continental are calf skins, kir,
skins, buck skins, doe skins, and various types of fabrics, outer
and inner soles, linings, box toes, and all other items that enter
DECISIONS AND ORDERS 765,
into the manufacture of shoes. The approximate percentage of
these raw materials purchased in states other than the Common-
wealth of Massachusetts in the name of respondent National is
twenty-five per cent (25o%o) of the total raw materials used, and
of respondent Continental purchased in states other than the
State of New Hampshire, is ninety per cent (90%).
IX. The products of both respondents are shoes of welt-arch
and sport types. Approximately eighty per cent (80%) of the
products of respondent National is sold and shipped to states
other than the Commonwealth of Massachusetts, and approxi-
mately eighty per cent (80%) of the products of respondent
Continental is sold and shipped to states other than the State of
New Hampshire.
The approximate number of pairs of shoes produced by
respondent National during 1937 is 750,000 pairs, and the ap-
proximate number of pairs of shoes produced by respondent
Continental since the beginning of its operations on or about
December 1937 is 150,000.
The sale of shoes produced by respondent National during 1937
involved approximately $1,400,000, and by respondent Conti-
nental since its inception, about $225,000. From December 1,
1937 to May 31, 1938, the approximate dollar volume of sales
of respondent National is $400,000.
Both respondents are subsidiaries in ownership of the same
corporation, Consolidated National Shoe Corporation.
Approximately ninety per cent (90170) of the products of both
respondents is shipped to its destination by use of common
carriers.
X. It is further stipulated and agreed that respondent Na-
tional will do as follows :
(a) offer to reinstate to their former positions or substantially
equivalent employment and with all rights previously enjoyed
by them the following employees only : Anna Kaleva, John
Bolsover, Anthony Cokkinous, John Paul, Harry Misotes,
Thomas Delaney, Nick Giannahopoulous, Paul Lepore, James
Mageanes, George Galanis, John DiBuono and Leo Cummings,
dismissing if necessary any employees now employed by respond-
ent National who were not on its payroll on or about October 22,
1937 and who were not working on corrective shoes.
XI. The Associates hereby agree that the action of respondent
National in reinstating the above-mentioned employees and in
making the aforesaid dismissals shall not constitute in any
manner a violation of contract entered into between the said As-
sociates and respondent National on or about January 3, 1938.
766 NATIONAL LABOR RELATIONS BOARD
XII. It is further stipulated and agreed that respondent Con-
tinental will do as follows :
(a) offer to employ in its Portsmouth Plant only the follow-
ing persons, on work substantially similar to that performed by
them prior hereto at respondent National's Maple Street Plant :
Irving Bouley, Peter Panos, Ulrich Champigney, James Purdas
and Steven McClellan, who are all former employees of re-
spondent National; Provided-however, that nothing contained
in this paragraph or in any part of this entire stipulation shall
in any way interfere with the provisions of (1) contract now in
effect between respondent , Continental and Boot and Shoe
Workers' Union and (2) contract now in effect between respond-
ent Continental and Boot and Shoe Workers' Union, Ports-
mouth Local No. 14, and failure by respondent Continental to
employ any of such persons by reason of the terms of such con-
tracts shall not constitute breach hereof.
XIII. Respondents National and Continental shall jointly pay
the sum of $1,000 and no further sum, to be distributed by the
respondents or their authorized counsel as the Regional Director
for the First Region of the National Labor Relations Board shall
direct, to such of the following employees and in such amounts
as the said Regional Director shall determine on the basis of
their lost probable earnings ; said $1,000 to be paid upon the
signing of this stipulation, to Benjamin Spinoza to be held in
escrow by him until this stipulation is approved by the National
Labor Relations Board and the amounts determined by the said
Director, said action of the Director being final :
Anna Kaleva James Mageanes Anna Humphrey
John Bolsover George Galanis James Naoumis
Anthony Cokkinous John DiBuono Joseph St. Hilaire
John Paul Irving Bouley Raoul LeDuc
Harry Misotes Peter Panos Catherine LeDuc
Thomas Delaney Ulrich Champigney Leo Cummings
Nick Giannahopoulous James Purdas Salvatore Santella
Paul Lepore Steven McClellan Jennie Gaibisso
Joseph LaChapelle
XIV. Respondents National and Continental will post at their
respective plants notices embodying the terms and provisions of
the order which the Board will issue based upon this stipulation,
insofar as it provides with relation to the respective respondents,
such notices to remain posted for a.period of thirty (30) days.
XV. It is further stipulated that upon the pleadings, testimony,
record, and upon this stipulation, if approved by the National
DECISIONS AND ORDERS 767
Labor Relations 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 National will cease and desist :
(a) from in any manner interfering with, .restraining or co-
ercing its employees in the exercise of their right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid' or protection, as guaranteed to them
in Section 7 of the National Labor Relations Act;
(b) from discouraging membership in the United or any other
labor organization or encouraging membership in any labor or-
ganization by discriminating in regard to hire or tenure of
employment or any terms or conditions of employment, subject
to and excepting for the contract now in effect between the
Associates and respondent National, and provided that nothing
herein contained shall preclude the respondent National from
making an agreement with a labor organization (not established,
maintained or' assisted by any action defined in the National
Labor Relations Act as an unfair labor practice) to require as
a condition of employment membership therein if such labor
organization is the representative of the employees as provided
in Section 9 (a) in the appropriate collective bargaining unit
covered by such agreement when made.
2. Respondent National will take the following affirmative
action to effectuate the policies of the National Labor Relations
Act :
(a) Offer only to Anna Kaleva, John Bolsover, Anthony Cok-
kinous, John Paul, Harry Misotes, Thomas Delaney, Nick
Giannahopoulous, Paul Lepore, James Mageanes, George Gala-
nis, John DiBuono and Leo Cummings, immediate and full rein-
statement to their former positions or substantially equivalent
employment with all rights previously enjoyed by them, dis-
missing if necessary any employees now employed by respondent
National who were not on its payroll on or about October 22,
1937, and who were not working on corrective shoes.
XVI. It is further stipulated that upon the pleadings, testi-
mony, record and upon this stipulation, if approved by the
National Labor Relations Board, an order may forthwith be
entered by said Board, and, if the Board so desires, by the ap-
propriate circuit court of appeals upon application thereto by
the Board, providing as follows :
768 NATIONAL LABOR RELATIONS BOARD
1. Respondent Continental will cease and desist :
(a) from in any manner interfering with, restraining or coerc-
ing its employees in the exercise of their right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection, as guaranteed to them
in Section 7 of the National Labor Relations Act :
(b) from discouraging membership in the United or any other
labor organization or encouraging membership in any labor or-
ganization by discriminating in regard to hire or tenure of
employment or any terms or conditions of employment, subject
to and excepting for the contracts now in effect between (1)
Boot and Shoe Workers' Union and respondent Continental, and
(2) Boot and Shoe Workers' Union, Portsmouth Local No. 14
and respondent Continental, and provided that nothing herein
contained shall preclude the respondent Continental from mak-
ing an agreement with a labor organization (not established,
maintained or assisted by any action defined in the National
Labor Relations Act as an unfair labor practice) to require as a
condition of employment membership therein if such labor or-
ganization is the representative of the employees as provided in
Section 9 (a) in the appropriate collective bargaining unit cov-
ered by such agreement when made.
2. Respondent Continental will take the following affirmative
action to effectuate the policies of the Natitonal Labor Relations
Act :
(a) offer to employ at its Portsmouth Plant the following per-
sons only, on work substantially similar to that performed by
them prior hereto at respondent National's Maple Street Plant :
Irving Bouley, Peter Panos, Ulrich Champigney, James Purdas
and Steven McClellan; provided, however, that nothing con-
tained in this order shall in any way interfere with the provisions
of the two aforementioned contracts now in effect between re-
spondent Continental and Boot and Shoe Workers' Union and
respondent Continental and Boot and Shoe Workers' Union,
Portsmouth Local No. 14, and failure by respondent Continental
to employ any such men by reason of the terms'of said contracts
shall not constitute breach hereof;
3. Respondents National and Continental shall jointly and
imniedi'ately pay the sum of $1,000, and no further sum, to be dis-
tributed by the respondents or their authorized counsel as the
Regional Director for the First Region of the National Labor Re-
lations Board shall direct, to such of the following and in such
DECISIONS AND ORDERS 769
amounts as the said Regional Director shall determine on the
basis of their lost probable earnings :
Anna Kaleva Ulrich Champigney
John Bolsover James Purdas
Anthony Cokkinous Steven McClellan
John Paul Joseph LaChapelle
Harry Misotes Anna Humphrey
Thomas Delaney James Naoumis
Nick Giannahopoulous Joseph St. Hilaire
Paul Lepore Raoul LeDuc
James Mageanes Catherine LeDuc
George Galanis Leo Cummings
John Dibuono Salvatore Santella
Irving Bouley Jennie Gaibisso
Peter Panos
4. Both respondents shall post at their respective plants no-
tices embodying the terms and provisions of this order insofar as
it provides with relation to the respective respondent, such no-
tices to remain posted for a period of thirty (30) days.
XVII. It is further agreed that this stipulation shall be null
and void and of no effect in the event that the Board does not
approve this stipulation and does not enter an order based upon
the terms and provisions of the stipulation as herein set out, and
that in the event that the Board does not approve and issue an
order based upon the terms and provisions of the stipulation, the
hearing shall be reconvened and all parties shall then have full and
complete opportunity to introduce such testimony as they de-
sire, within the issues as framed, and said Benjamin Spinoza,
Esquire, shall thereupon pay over said $1,000 to the respondents
National and Continental.
XVIII. The issuance of an order based upon the terms and pro-
visions of this stipulation shall constitute a complete determina-
tion of all the issues raised by the pleadings in this proceeding.
XIX. It is further agreed that, if this stipulation is not ap-
proved, nothing in this stipulation in whole or in part shall be
construed to be an admission on the part of the respondents that
they have in any way whatsoever violated the National Labor
Relations Act.
It is further agreed that respondent National and respondent
Continental do hereby agree to abide by this stipulation and any
order based hereon which may be issued by the National Labor
Relations Board or the appropriate circuit court of appeals if
application is made thereto by the National Labor Relations
Board.
770 NATIONAL LABOR RELATIONS BOARD
This stipulation may be introduced in evidence and become
part of the record in this case by filing it with the Chief Trial
Examiner of the National Labor Relations Board at Washington,
D. C.
On October 4, 1938, the Board issued its order approving the above
stipulation , making it a part of the record, and transferring the pro-
ceedings to the Board for the purpose of entry of a decision and
order by the Board pursuant to the provisions of the stipulation.
We shall dismiss the complaint in so far as it alleges that the re-
spondent has engaged in and is engaging in unfair labor practices
within the meaning of Section 8 (2) of the Act.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
The respondent National, a Massachusetts corporation , is engaged
in the manufacture , sale, and distribution of various kinds of shoes,
with its principal office and place of business in Marlborough , Massa-
chusetts. From January 1, 1934, up until about October 22, 1937, it
was engaged in the operation of a plant on Maple Street in Marl-
borough, Massachusetts, herein called the Marlborough plant, and
since February 1, 1937, has been engaged in the operation of a plant
on Howe Street in Marlborough , Massachusetts , herein called the
O'Connell plant.
The respondent Continental , a Massachusetts corporation, is en-
gaged in the production , sale, and distribution of "sport" shoes, with
its principal office and place of business at Portsmouth , New Hamp-
shire.
The raw materials used by both respondents are calf, kid, buck,
and doe skins , various types of fabrics , outer and inner soles , linings,
and box toes. Twenty-five per cent of the total purchases of raw
materials made by the respondent National are shipped to its plants
from points outside the State of Massachusetts . Ninety per cent of
the total purchases made by the respondent Continental are shipped
to its plant from points outside the State of New Hampshire. For
the year 1937 the respondent National produced 750,000 pairs of
shoes and its sales amounted to $1,400,000 . For the period from De-
cember 1, 1937, to May 31, 1938, its sales amounted to $400,000.
During the period from December 1937 to September 1938, the
respondent Continental produced 150,000 pairs of shoes and its sales
amounted to $250,000. Eighty per cent of the shoes produced by
each respondent are shipped to points outside their respective States.
Both respondents are subsidiaries of Consolidated National Shoe
Corporation.
DECISIONS AND ORDERS 771
We find that the above-described operations constitute a con-
tinuous 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-
National Labor Relations Act, the National Labor Relations Board-
hereby orders that the National Shoe Corporation, Marlborough,.
Massachusetts, shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining, or coerc-
ing 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 purpose of collective bargaining or other
mutual aid or protection, as guaranteed to them in Section 7 of the
National Labor Relations Act;
(b) From discouraging membership in the United or any other
labor organization or encouraging membership in any labor organiza-
tion by discriminating in regard to hire or tenure of employment or
any terms or conditions of employment, subject to and excepting for
the contract now in effect between the Associates and respondent
National, and provided that nothing herein contained shall pre-
clude the respondent National from making an agreement with a,
labor organization (not established, maintained, or assisted by any
action defined in the National Labor Relations Act as an unfair
labor practice) to require as a condition of employment membership
therein if such labor organization is the representative of the em-
ployees as provided in Section 9 (a) in the appropriate collective
bargaining unit covered by such agreement when made. -
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Offer only to Anna Kaleva, John Bolsover, Anthony Cok-
kinous, John Paul, Harry Misotes, Thomas Delaney, Nick Gian-
nahopoulous, Paul Lepore, James Mageanes, George Galanis, John
DiBuono and Leo Cummings, immediate and full reinstatement to
their former positions or substantially equivalent employment with
ill rights previously enjoyed by them, dismissing if necessary any
,mployees now employed by respondent National who were not on
its pay roll on or about October 22, 1937, and who were not working
on corrective shoes.
AND IT IS FURTHER ORDERED that Continental Shoe Corporation,
Portsmouth, New Hampshire, shall:
134068-39-vol. ix-50
772 NATIONAL LABOR RELATIONS BOARD
1. Cease and desist :
(a) From 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 con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed to them in Section 7 of the
National Labor Relations Act;
(b) From discouraging membership in the United or any other
labor organization or encouraging membership in any labor organi-
zation by discriminating in regard to hire or tenure of employment
or any terms or conditions of employment, subject to and excepting
for the contracts now in effect between (1) Boot and Shoe Workers'
Union and respondent Continental, and (2) Boot and Shoe Workers'
Union, Portsmouth Local No. 14, and respondent Continental, and
provided that nothing herein contained shall preclude the respondent
Continental from making an agreement with a labor organization
(not established, maintained, or assisted by any action defined in the
National Labor Relations Act as an unfair labor practice) to require
as a condition of employment membership therein if such labor or-
ganization is the representative of the employees as provided in
Section 9 (a) in the appropriate collective bargaining unit covered
by such agreement when made.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to employ at its Portsmouth plant the following per-
sons only, on work substantially similar to that performed by him
prior hereto at respondent National's Maple Street plant : Irving
Bouley, Peter Panos, Ulrich Champigney, James Purdas, and Steven
McClellan; provided, however, that nothing contained in this order
shall in any way interfere with the provisions of the two afore-men-
tioned contracts now in effect between respondent Continental and
Boot and Shoe Workers' Union and respondent Continental and
Boot and Shoe Workers' Union, Portsmouth Local No. 14, and failure
by respondent Continental to employ any such men by reason of
the terms of said contracts shall not constitute breach hereof.
AND IT IS FURTHER ORDERED that National Shoe Corporation and
Continental Shoe Corporation jointly shall pay immediately the sum
of $1,000, and no further sum, to be distributed by the respondents
or their authorized counsel as the Regional Director for the First
Region of the National Labor Relations Board shall direct, to such
of the following and in such amounts as the said Regional Director
DECISIONS AND ORDERS
shall determine on the basis of their lost probable earnings :
773
Anna Kaleva George Galanis Anna Humphrey
John Bolsover John DiBuono James Naoumis
Anthony Cokkinous Irving Bouley Joseph St. Hilaire
John Paul Peter Panos Raoul LeDuc
Harry Misotes Ulrich Champigney Catherine LeDuc
Thomas Delaney James Purdas Leo Cummings
Nick Giannahopoulous Steven McClellan Salvatore Santella
Paul Lepore Joseph LaChapelle Jennie Gaibisso
James Mageanes
AND IT IS FURTHER ORDERED that National Shoe Corporation and
Continental Shoe Corporation shall post at their respective plants
notices embodying the terms and provisions of this order in so far as
it provides with relation to the respective respondent, such notices
to remain posted for a period of thirty (30) days.
AND IT IS FURTHER ORDERED that the complaint be, and it hereby
is, dismissed in so far as it alleges that the respondent has engaged
in and is engaging in unfair labor practices within the meaning of
Section 8 (2) of the Act.