The Cleveland Tanning Co.

National Labor Relations Board - Board Decisions

Aug 7, 1942

42 N.L.R.B. 1283 (N.L.R.B. 1942)

In the Matter of THE CLEVELAND TANNING COMPANY, THE PLUMER
LEATHER COMPANY, INC, THE ASHTABULA HIDE AND LEATHER Co.,
CORPORATIONS and INTERNATIONAL FUR & LEATHER, WORKERS
UNION (CIO)
Cases Nos. C-2270 and C-2271-Decided August 7, 194H2
Jurisdiction : hide processing and leather products manufacturing industiy
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation
Mr Hugh E Sperry, Cllr Max W. Johnstone, and Mr. Ramey °
Donovan, for the Board
Bushnell, Burgess cC Tilton, for The Cleveland Tanning Company
and, The Ashtabula Hide and Leather Company.
Mr W. G. Pl'amer, for The Phuner Leather Company, Inc.
Mr Max Roth, for the Union
Mr , Clarence K Snyder, for the Club.
Mr Ben Law, of counsel to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by International Fur & Leather
Workeis Union (CIO), herein called the Union, the National' Labor
Relations Board, heiem called the Board, by the Regional Director,
for the Eighth Region (Cleveland, Ohio), issued its complaint dated
May 20, 1942, against The Cleveland Tanning Company and The
Plumer Leather Company, Inc , Cleveland, Ohio, and The Ashtabula
Hide and Leather Co , Ashtabula, Ohio, herein collectively called the
respondents, alleging that the respondents had engaged in and were
engaging in unfaii labor practices affecting commerce within the
meaning of Section -8 (1), (2), (3), and (5) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat 449, herein called the
Act Copies of the complaint, accompanied by notice of, hearing
thereon, were duly served upon the respondents, the Union, and the
42 N L R B, No 235
1283
1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Hide & Leather Workers Club, herein called the Club or the Cleve-
land Club, a labor organization alleged in the complaint to have
been dominated by the respondents.
With respect to the unfair labor practices, the complaint alleged in
substance that the respondents (1) on or about May 8, 1941, and at
all times thereafter refused to bargain collectively with the Union
upon request, although shortly prior to May 8, 1941, and at all times
subsequent thereto the Union represented a majority of the re-
spondents ' employees in an appropriate unit; (2) by their officers and
agents made various, anti-union statements to or in the presence of
their employees; (3) granted vacation money to their employees on or
about July 9, 1941, in response to requests of the Club, entered into a
collective bargaining contract with the Club on or about September 26,
1941, and in October and November 1941, 'respectively, granted wage
increases and established a hospitalization plan at the request of the
Club, notwithstanding the fact that the Union at all times herein
material represented a majority of the respondents' employees in an
appropriate unit; and (4) at various times between April and June
1941 locked out approximately 45 of their employees and, have at all
times since failed and refused to ieinstate them because ceitam of
them were members of and active on behalf of the Union.
On May 22, 1942, the respondents, the Union, the Club, and coun-
sel for the Board entered into a stipulation in settlement of the case.
The stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and among The Cleve-
land Tanning Company, the Plumer Leather Company, Inc.,
The Ashtabula Hide and Leather Co, hereinafter sometimes
known as Cleveland Tanning, Plumer Leather, and Ashtabula
Hide, respectively, and the Respondents, and International Fur
& Leather Workers Union, hereinafter sometimes known as the
Union, affiliated with the Congress of Industrial Organizations,
and Hide & Leather Workers,, Club, hereinafter sometimes
known as Cleveland Club, and Hugh E Sperry, Regional Direc-
tor for the Eighth Region of the National Labor Relations
Board, hereinafter sometimes known as the Board, and Max W
Johnstone, Regional Attorney for the Eighth Region of the
Board, and Ramey Donovan, attorney in the Eighth Region of
the Board, as follows •
1 Upon a Second Amended Charge and an Amended Charge
duly filed by the Union, Hugh E Sperry, Regional Director for
the Eighth Region of the Board, as agent of the Board, acting
pursuant to authority granted in Section 10 (b) of the National
THE CLEVELAND TANNING COMPANY 1285
Labor Relations Act, hereinafter referred to as the Act, and
acting pursuant to the Board's Rules and Regulations, Series 2,
as amended, issued its Complaint and Notice of Hearing on the
20th day of May, 1942, against the Respondents, after an Order
Consolidating Cases had been issued by the Board on Febru-
ary 23, 1942. ,
2 The Respondents are corporations organized under and
existing by virtue of the laws of the State of Ohio Cleveland
Tanning, Plumer Leather, and Ashtabula Hide were incor-
poiated in the years 1931, 1941, and 1904, respectively.
The Respondents, Cleveland Tanning and Plumer Leather
are now and have continuously been engaged at a plant in Cleve-
land, Ohio, and Ashtabula Hide is now and has continuously
been engaged at a plant at Ashtabula, Ohio, in the processing
of hides and the manufacture and sale of leather upholstery and
leather parts for automobiles, busses, furniture, trains, airplanes,
pocketbooks, and related articles, except that now and since the
latter part of 1941 Cleveland Tanning has functioned solely as
a sales agency for Plumer Leather.
The Respondents, in the course and conduct of their business,
cause and have continuously caused a large part of the raw mate-
rials used in the manufacture of their finished products to
be purchased and transported in interstate commerce from and
through states of the United States other thin the State of Ohio
to their plants at Cleveland and Ashtabula, located in the State
of Ohio, and have continuously caused a large part of the afore-
said finished products produced and manufactured by them to be
sold and transported in interstate commerce from their plants
in the State of Ohio into and through states of the United
States other than the State of Ohio, except that now and since
the latter part of 1941 Cleveland Tanning has functioned solely
as a sales agency for Plumer Leather.
The principal raw materials used by the Respondents in the
manufacture of their finished products are animal hides and
tanning materials Prior to the latter part of 1941, Cleveland
Tanning used raw materials, exclusive of supplies, of the approx-
imate annual value of $162,293; raw materials of the approxi-
mate value of $159,047 came from outside the State of Ohio
in 1941; finished products of the approximate value of $1,081,795
were shipped outside the State of Ohio in 1941 The approxi-
mate value of the raw materials used by Ashtabula Hide during
1941 was $1,360,039, raw materials of the approximate value of
$1,332,838 came from outside the State of Ohio; finished products
in the approximate value of $3,111,471 were shipped outside the
1286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
State of Ohio in 1941 During the latter part of 1941 and for
the first five months of 1942 Plumer Leather used raw materials
of a value in excess of $25,000; during this same period Plumer
Leather produced finished products of a value in excess of
$30,000 Approximately 90% of the raw materials used by
Plumer Leather during the latter part of 1941 and early in 1942
came fioin outside the State of Ohio, and approximately 60%
of the finished products of Plumer Leather this same period
were shipped outside the State of Ohio.
3 The Respondents are engaged in commerce within the mean-
ing of Section 2 (6) of the Act, and their operations affect com-
merce within the meaning of Sectioii 2 (7) of the Act
4 The Union and the Cleveland Club are labor organizations
within the meaning of the Act
5 All the production and maintenance employees of Respond-
ent Plumer Leather, who worked in the plant of Cleveland Tan-
ning in the City of Cleveland, State of Ohio , and who now work in
the plant of Plumer Leather in the City of Cleveland, State of
Ohio, exclusive- of clerical employees and supervisory employees
constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act
6 By on or about May 8, 1941 , shortly prior thereto, and at
all times subsequent to said date, the majority of the employees
in the appropriate unit, as set forth and described hereinbefore,
had designated the Union as their representative for the pur-
poses of collective bargaining with the Respondent, Cleveland
Tanning Company , at their Cleveland, Ohio plant The union
has been the exclusive representative of the employees of Re-
spondent , Cleveland Tanning Company, and is now the exclusive
representative of the employees of Respondent Plumer Leather
in the unit set forth and described hereinbefore by virtue of
Section 9 (a) of the Act , since said date, shortly prior thereto,
and at all times subsequent to said date.
`7 All Parties hereto acknowledge service of the Complaint,
Notice of Hearing, Amended Charge, Second Amended Charge,
and Order Consolidating Cases, all above referred to, and a copy
of the Rules and Regulations , Series 2, as amended, of the Board
and expressly waive furthei pleadings , hearing and the making
of .Findings of Fact and Conclusions of Law of the Board.
8. This Stipulation , together with the Complaint, Notice of
Hearing, Amended Charge, Seconded Amended Charge, Order
Consolidating Cases, and a copy of the Rules and Regulations,
Series 2, as _amended, of the Board , may be filed with the Chief
Trial Examiner of the Board at Washington , D. C, and when
so filed shall constitute the record in this case.
THE CLEVELAND TANNING COMPANY 1287
9 The Cleveland Tanning Company, The Plumer Leather
Company, Inc, The Ashtabula Hide and Leather Co, Respond-
ents, and all parties hereto, hereby consent to the entry of an
Order by the Board providing that, on the basis of the record
in the case, prusuant to Section 10 (c) of the Act, the Re-
spondents, their officeis, agents, successois, and assigns, shall:
1 Cease and desist from
(a) In any manner interfering with, iestraining, or coercing
its employees in the exercise of their rights to self-organization,
to form, loin, or assist labor organizations, to bargain collec-
tively 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 in
Section 7 of the National Labor Relations Act
(b) In any manner dominating or interfering with the admin-
istiation of the Hide & Leather Workers Club or with the forma-
tion or administration of any other labor organization, of their
employees, or contributing financial or other support to the Hide
& Leather Workers Club or anylother labor organization of their
employees
(c) Recognizing or in any manner dealing with the Hide &
Leather Workers Club as the repi esentative of any of their em-
ployees for the purpose of dealing with Respondents concerning
grievances, labor disputes, wages, rates of pay, hours of employ-
ment, and other conditions of employment
(d) In any manner discouraging membership in the Interna-
tional Fur & Leather Workers Union,, affiliated with the Congress
of Industrial Organizations, by terminating the employment of
or refusing to iemstate any of their employees, or in any other
manner discriminating in regard to the hire or tenure of em-
ployment of their employees, or any term or condition of their
,employment
(e) Giving effect to the contract of September 26, 1941, or to
any other contract with said Hide & Leather Workers Club, or
to any extension or renewal thereof,'or to any other agreements,
understandings, or arrangements entered into with said Hide &
Leather Woikers Club
(f) Refusing to bargain collectively with International Fur &
Leather Workers Union, affiliated with the Congress of Indus-
trial Org nizations, as the exclusive representative of their pro-
duction and maintenance employees in the Cleveland, Ohio plant,
now operated by Plumer Leather Company, Inc , excluding clerks
and supervisors, in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment
1288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. Take the following affirmative action'to effectuate the pol-
icies of the National Labor Relations Act
(a) Respondents, Plumer Leather Company, Inc, and Cleve-
land Tanning Company, their officers, agents, successors and as-
signs shall withdraw and withhold all recognition, from the Hide
& Leather Workers Club as representative of any of their em-
ployees for the purpose of dealing with the Respondents, con-
cerning grievances, labor disputes, wages, rates of pay, hours of
employment, and other conditions of employment, and completely
disestablish said Hide & Leather Workers Club as such
representative.
(b) Respondent, Plumer Leather Company, Inc, its officers,
agents, successors and assigns shall offer to the employees, whose
names are listed in Appendix "A" 1 of this Order and who have
not since been fully reinstated and for whom positions are avail-
able, immediate and full reinstatement to their former or substan-
tially equivalent positions without prejudice to their seniority or
other rights and privileges; and place those other employees,
whose names are listed in Appendix "A" of this Order and for
whom employment is not immediately available, upon a preferen-
tial list in the order of their seniority, and thereafter in accord-
ance with such list offer to them employment in their former or
substantially equivalent positions without prejudice to their sen-
iority or other rights and privileges as such employment becomes
available and before other per sons are hired for such work. In the
event any employees, listed in Appendix "A" and for whom posi-
tions are available, do not accept reinstatement within seven (7)
days from the date of the offer of reinstatement, sufficient em-
ployees from the top of the preferential list, hereinabove men-
tioned, shall be offered reinstatement to replace those who do not
accept the offer of reinstatement
(c) Respondent, Cleveland Tanning Company, its officers,
agents, successors and assigns shall make whole the employees
listed on Appendix "A" by payment to the Regional Director for
the Eighth Region of the National Labor Relations Board the
sum of three thousand, five hundred dollars ($3,500 00). This sum
of three thousand, five hundred dollars ($3,500 00) is to be distrib-
uted by, the Regional Director to those employees listed in Appen-
dix "A" who notify the Regional Director in person or in writing
on or before July 1, 1942, of the dates when their employment with
Cleveland Tanning Company was terminated and the sources and
amounts of all their intermediate earnings since the termination of
their employment, as remedial satisfaction for the sums of money
1 Appendix "A" is set forth as Appendix "A" to this Decision and Order
I
THE CLEVELAND TANNING COMPANY 1289
that each, of these employees would have earned as wages from
the date of the termination of his employment with Cleveland
Tanning Company to the date of the offer of reinstatement, or to
the date of reinstatement if this be prior to the offer of reinstate-
ment or to the date when his name was placed on a preferential
hiring list, hereinbefoie mentioned,' less his net earnings dui mg
said period The sum of three thousand, five hundred dollars
($3,500 00) is to be distributed by the Regional Director among
the employees hereinbefore described, on a pro rata basis to be
determined by the percentage that each individual amount due
bears to the total amount due.
(d) Respondent, Plumer Leather Company, Inc its officers,
agents, successors and assigns shall, upon request, bargain collec-
tively with International Fur & Leather Workers Union (CIO) as
the exclusive repi esentative of all the production and maintenance
employees at the Cleveland Ohio plant now operated by Plumer
Leather Company, Inc , exclusive of clerical and supervisory em-
ployees, in respect to rates of pay, wages, hours of employment,
grievances, and other conditions of employment
(e) Respondent, Plumer Leather Company, Inc, its officers,
agents, successors and assigns shall post, immediately, in con-
spicuous places, at its Cleveland, Ohio plant and maintain for a
period of at least sixty (60) consecutive days, from the date of
posting, notices to its employees stating :
(1) That Respondent, Plumer-Leather Company, Inc, its of-
ficers, agents, successors and assigns and Cleveland Tanning
Company, its officers, agents, successors and assigns will not en-
gage in the conduct from which they are ordered to cease and
desist, in Paragraph I (a) to (f), inclusive, of this order;
(2) That Respondent, Plumer Leather Company, Inc., its
officers, agents, successors and assigns and Cleveland Tanning
Company, its officers, agents, successors and assigns will take all
affirmative action set forth in Paragraph II (a) to (d) inclusive
of this order.
(f) Respondent, Ashtabula Hide & Leather Company, its of-
ficers, agents, successors and assigns shall post immediately in
conspicuous places at their Ashtabula, Ohio plant, and maintain
for a period of at least sixty (60) consecutive days from the date
of posting, notices, separate and distinct from the notices here-
inbefore mentioned, to their employees stating. (1) That Re-
spondent Ashtabula Leather Company will not engage in the
conduct from which it is ordered to cease and desist in, Para-
graph I (a) of this Order
1,290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(g) Notify the Regional Director for the Eighth Region in
writing, within ten (10) days from the date of this Order, what
steps Respondents have taken to comply herewith
10 The Respondents hereby consent to the entry by the United
States Circuit Court of Appeals for the Sixth .Circuit, or any
appropriate Cncuit Court of Appeals of the United States, up-
on application by the Board, of a decree enforcing the Order to
be enteied by the Board pursuant to this Stipulation, and hereby
waive further notice of the application for such decree
11 This Stipulation contains the entire agreement between all
the parties hereto and there is no other agreement of any kind,
verbal or otherwise, that varies, alters, adds to, or detracts from
this Stipulation
12 This Stipulation is subject to the approval of the Board.
On July 8, 1942, the respondents, the Union, the Club, and counsel
for the Board entered into a supplementary stipulation amending
the stipulation of May 22, 1942 The supplementary stipulation pro-
vides as follows
SUPPLEMENTARY STIPULATION
WHEREAS, it has been heretofore stipulated and agreed by and
among The Cleveland Tanning Company, The Plumer Leather
Company, Inc, The Ashtabula Hide and Leather Co, and Inter-
national Fur & Leather Workers Union, and Hide and Leather
Workers Club, and Hugh - E Sperry, Regional Director for the
Eighth Region of the National Labor Relations Board, herein-
after called the Board, and Max W. Johnstone, Regional At-
torney for the Eighth Region of the Board, and Ramey Donovan,
attorney in the Eighth Region of the Board, that an Order be
entered by the Board providing that the aforementioned The
Cleveland Tanning Company, The Plumer Leather Company, Inc.,
and The Ashtabula Hide and Leather Co shall cease and desist
fiom ceitain described activities and shall take certain described
affirmative action; and
WHEREAS, it has been heretofore stipulated that The Cleveland
Tanning Company, The Plumer Leather Company, Inc, and
The Ashtabula Hide and Leather Co consent to the entry by
the United States Circuit Court of Appeals for the Sixth Circuit
or any appropriate Circuit Court of Appeals of the United States,
upon application of the Board, of a decree enforcing the Order
to be entered by the Board pursuant to the Stipulation; and
WHEREAS, the parties to the aforementioned Stipulation are
in agreement that no provision was made in Paragraph 9, Sec-
THE CLEVELAND TANNING COMPANY' 1291
tion II, Subsection (c) for the employees therein described who
are now in the armed services of the United States to make their
proof of claim as contemplated by said section, r
Now, THEREFORE, it is hereby stipulated and, agreed by and
among the parties hereto that Paragraph 9, Section II, Subsec-,
tion (c) of the Stipulation dated May 22, 1942, be amended to
read as follows :
(c) Respondent, Cleveland Tanning Company, its officers,
agents, successors, and assigns shall make whole the employees
listed on "Appendix A" by payment to the Regional Director
for the Eighth Region of the National Labor Relations Board
the sum of Three 'housand Five Hundred ($3500) Dollars.
This sum of Three Thousand Five Hundred ($3500) Dollars is
to be distributed by the Regional Director to those employees
listed on "Appendix A" who notify the Regional Director in
person, or in wilting, on or before August 15, 1942, of the dates
when their employment with- Cleveland Tanning Company was
terminated, and the sources and amounts of all interim earnings
since the' termination of their employment, as remedial satisfac-
tion for the sums of money that each ,of these employees would
have earned as wages from the date of the termination of his
employment with Cleveland Tanning Company to the date of
the offer of reinstatement, or to the date of reinstatement, if
this be prior to the offer of reinstatement, or to the date when
his name was'placed on a preferential hiring list,'herembefore
mentioned, less his net earnings during said period The sum
Of Three Thousand Five Hundred ($3500) Dollars is to be
distributed by the Regional Director among the employees here,-
inbefore described on a pro rata basis to be determined by the
percentage that each individual amount due bears to the total
amount; except, however, that John F Rauscher, Jr , Edward
Wojcik, and Joseph F Smejsik, said three being employees
listed in "Appendix A" who have entered the armed services of
the United States between April 1, 1941 and June 30, 1942, and
who are now in the armed services of the United States, shall
be exempt from the provision of this paragraph requumg noti-
fication to the Regional Director of the dates when their em-
ployment with Cleveland Tanning Company was terminated,
and the sources and amounts of their interim, earnings since
the termination of their employment The said Regional Direc-
tor of the Eighth Region of the Board shall distribute to each
John F Rauscher, Jr, Edward Wojcik, and Joseph F Smejsik
a pro rata share of Three Thousand Five Hundred ($3500)
,Dollars, which portion shall be determined by adding the num-
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ber of men who make their proof of claim, as set out in'this
paragraph, to the number of individuals above indicated as
being in the armed services of the United States, and this sum
shall be the denominator of the fraction to be used to determine
the pro rata share of each of the aforementioned individuals
who are in the armed services of the United States The sum
which the Regional Director shall pay to John F. Rauscher, Jr,
Edward Wojcik, and Joseph F. Smejsik shall be substracted
from the total sum of Three Thousand Five Hundred ($3500)
Dollars and the remainder of said sum shall constitute the fund
subject to distribution under the terms of this paragraph.
IT IS ALSO hereby stipulated and agreed by and among the
parties hereto that Paragraph 8 of the Stipulation dated May 22,
1942, be amended to read as follows
8. This Stipulation and the Supplementary Stipulation dated
July 8, 1942, together with,the Complaint, Notice of Hearing,
Amended Charge, Second Amended Charge, Order Consolidat-
ing Cases, and a copy of the Rules and Regulations, Series 2,
as amended, of the Board, may be filed with the Chief Trial
Examiner of the Board at Washington, D C, and when so filed
shall constitute the record in this case.
On July 23, 1942, the Board issued an order approving the above
stipulation and supplementary stipulation, making them part of
the record and, pursuant to Article II, Section 36, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, trans-
ferring the proceeding to the Board for the purpose of entering
a decision and order pursuant to the provisions of the stipulations.
On the basis of the above stipulation and supplementary stipulation
and upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
The Plumer Leather Company, Inc., and The Ashtabula Hide and
Leather Co, are Ohio corporations engaged in the processing of hides
and the manufacture and sale of leather products. The plant of The
Plumer Leather Company, Inc, is located in Cleveland, Ohio, and
that of The Ashtabula Hide and Leather Co is located at Ashtabula,
Ohio. The Cleveland Tanning Company, an Ohio corporation, has
since the latter part of 1941 acted solely as a sales agency for The
Plumer Leather Company. Prior thereto, it also was engaged in
`the processing of hides and the manufacture and sale of leather
products.
THE CLEVELAND TANNING COMPANY 1293
During the latter part of 1941 and for the first 5 months of 1942
The Plumer Leather Company used raw materials of a value in
excess of $25,000 and produced finished products of a value in excess
of $30,000 About 90 percent of such raw materials came from out-
side Ohio and about 60 percent of such finished products were shipped
to points outside Ohio. In 1941 The Ashtabula Hide and Leather
Co used raw materials originating outside the State valued at $1,332,-
838 and shipped to destinations outside the State finished products
valued at $3,111,471 Prior to the latter part of 1941 The Cleveland
Tanning Company used raw materials originating outside the State
valued at $159,047 and shipped to destinations outside the State fin-
ished products valued at $1,081,795 The respondents admit that
their operations are in and affect commerce within the meaning of
the Act
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 sup-
plementary stipulation, and the entire record in the case and, pursu-
ant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that the respondents,
The Cleveland Tanning Company and The Plumer Leather Company,
Inc , Cleveland, Ohio, and The Ashtabula Hide and Leather Co , Ash-
tabula, Ohio, and their officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its em-
ployees in the exercise of their rights to self-organization, to,form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted activi-
ties for the purpose of collective bargaining, or other mutual aid or
protection, as guaranteed in Section 7 of the National Labor Relations
Act.
(b) In any manner dominating or interfering with the administra-
tion of the Hide & Leather Workers Club or with the formation or ad-
ministration of any other labor organization of their employees, or
contributing financial or other support to the'Hide & Leather Workers
Club or any other labor organization of their employees.
(c) Recognizing or in any manner dealing with the Hide'& Leather
Workers Club as the representative of any of their employees for the
purpose of dealing with Respondents concerning grievances, labor
disputes, wages, rates of pay, hours of employment, and other condi-
tions of employment. .
1294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) In any manner discouraging membership in the International
Fur & Leather Workers Union, affiliated with the Congress of In-
dustrial Organizations , by terminating the employment of 'or refusing
to reinstate any of their employees , or in any other manner discrimi-
nating in iegaid to the hire or tenure of employment of their em-
ployees, or any term or condition of their employment
(e) Giving' effect to the contract of September 26, 1941 , or to any
other contract with said Hide & Leather Workeis Club, or to any ex-
tension oi , renewal thereof , or to any other agi eements , undeistand-
ings, or arrangements entered into with said Hide & Leather Workers
Club
(f) Refusing to bargain collectively with International Fur &
Leather Workers Union, affiliated with the Congress of Industrial
Organizations , as the exclusive representative of their production and
maintenance employees in the Cleveland , Ohio plant , now operated by
Plumer Leather Company , Inc, excluding clerks and supervisors, in
respect to rates of pay , wages, hours of employment , and other condi-
tions of employment
II. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act
(a) Respondents , Plumer Leather Company, Inc. and Cleveland
Tanning Company , their officers , agents , successors and assigns shall
withdraw and withhold all recognition from the Hide & Leather
Workers Club as representative of any of their employees for the
purpose of dealing with the Respondents concerning grievances, labor
disputes , wages, rates of pay, hours of employment , and other condi-
tions of employment , and completely disestablish said Hide & Leather
Workers Club as such representative.
(b) Respondent, Plumer Leather Company , Inc , its officers , agents,
successors and assigns shall offer to the employ',ees, whose names are
listed in Appendix "A" of this Order and who have not since been fully
reinstated and for whom positions are available , immediate and full
reinstatement to their former or substantially equivalent positions
without prejudice to their seniority or other rights and privileges, and
place those other employees, whose names are listed in Appendix "A"
of this Order and for whom employment is not immediately available,
upon a preferential list in the order of their seniority , and thereafter
in accordance with such list offer to them employment in their former
or substantially equivalent positions without prejudice to their senior-
ity or other rights and privileges as such employment becomes avail-
able and before other persons are hired for such work In the event
any employees , listed in Appendix "A" and for whom positrons are
available , do not accept reinstatement within seven (7) days from
the date of the offer of reinstatement , sufficient employees from the
THE CLEVELAND TANNING COMPANY 1295
top of the preferential list, heremabove mentioned , shall be offered
reinstatement to replace those who do not accept the offer of rein-
statement
(c) Respondent, Cleveland Tanning Company, its officers, agents,
successors and assigns shall make whole the employees listed on Ap-
pendix "A" by payment to the Regional Director for the Eighth Re-
gion of the National Labor Relations Board the sum of three thousand,
five hundred dollars ($3,500 00) This sum of three thousand, five
hundred dollars ($3,500 00) is to be distributed by the Regional Di-
rector to those employees listed in Appendix "A" who notify the Re-
gional Director in person or in writing on or before July 1, 1942, of
the dates when their employment with Cleveland Tanning Company
was terminated and the sources and amounts of all their intermediate
earnings since the termination of their employment , as remedial satis-
faction for the sums of money that each of these employees would have-
earned as wages from the date of the termination of his employment
with Cleveland Tanning Company to the date of the offer of reinstate-
ment, or to the date of reinstatement if this be pi for to the offer of rein-
statement or to the date when his name was placed on a preferential
hiring list, herernbefore mentioned, less his net earnings during said
period The sum of three thousand, five hundred dollars ($3,500 00)
is to be distributed by the Regional Dnector among the employees
herernbefore described , on a pro rata basis to be determined by the
percentage that each individual amount due bears to the total amount
due.
(d) Respondent , Plumer Leather Company , Inc , its officers , agents,
successors and assigns shall, upon request, bargain collectively with
Inter national Fur & Leather Workers Union ( CIO) as the exclusive
representative of all the production and maintenance employees at the
Cleveland Ohio plant now operated by Plumer Leather Company, Inc,
exclusive of, clerical and supervisory employees , in respect to rates of
pay, wages, hours of employment, grievances, and other conditions of
employment
(e) Respondent, Plumer Leathei Corripany,'Inc , its officers, agents,
successors and assigns shall post , immediately , in conspicuous places,
at its Cleveland, Ohio plant and maintain for a period of at least sixty
(60) consecutive days, from the date of posting , notices to its employees
stating
(1) That Respondent, Plumer Leather Company, Inc, its officers,
agents , successors and assigns and Cleveland Tanning Company, its
officers , agents, successors and assigns will not engage in the conduct
from which they are ordered to cease and desist, in Paragraph I (a) to
(f), inclusive, of this order;
(2) That Respondent, Plumer Leather Company , Inc, its officers,
agents, successors and assigns and Cleveland Tanning Company, its
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
officers, agents, successors and assigns will take all affirmative action
set forth in Paragraph II (a) to (d) inclusive of this order.
(f) Respondent, Ashtabula Hide & Leather Company, its officers,
agents, successors and assigns shall post immediately in conspicuous
places, at their Ashtabula, Ohio plant, and maintain for a period
of at least sixty (60) consecutive days from the date of posting,
notices, separate and distinct from the notices hereinbefore men-
tioned, to their employees stating- (1) That Respondent Ashtabula
Leather Company will not engage in the conduct from which it is
ordered to cease and desist in Paragraph I (a) of this Order.
(g) Notify the Regional Director for the Eighth Region in writing,
within ten (10) days from the date of this Order, what steps Re-
spondents have taken to comply herewith
APPENDIX A
Andrew Antal
Shelby Bridgeforth
Anthony Chmura
Earl Doll
Ray Donaldson
Andrew Figuly
John Finell
Louis French
Albert Gonsior
William Hines
Robert Holt
Russell Huppert
Robert Jones
Theordore Jones
-Clyde Keller
Michael Koncos
Joseph Korduk
Joseph Krukurka
Ernest Lockhart'
Leonard Meno
John Mihovk, Sr.
Leonard Miller
Walter Munz
Chester Myerski
David'Phelps
Charles Ptasiewicz
Donald Puening
John Rauscher, Sr.
John F Rauscher
John Jack Rauscher
Blair Reynolds
Joseph Schidlowski
Joseph Smejsik
Columbus Sowell
William Sowell
Eaily Stanley-
Major Stanley
William Voss
John Wodgik
Edward Wojcik
Paul Woodring
Charles Yarbrough