William Shoe Co., Inc.

National Labor Relations Board - Board Decisions

Apr 13, 1938

6 N.L.R.B. 563 (N.L.R.B. 1938)

In the Matter of WILLIAM SHOE CO., INC. AND WINGATE, INC. and
BOOT & SHOE WORKERS UNION OF THE A. F. OF L.
Case No. C-361.-Decided April 13, 1938
Shoe Manufacturing Industry-Sett lement: agreement to reinstate employees,
give back pay, and comply with Act-Order: entered on stipulation.
Mr. Edmund J. Blake, for the Board.
Mr. Walter M. Espowicli, Haverhill, Mass., for the respondents.
Mr. Spurgeon Avakian and Mr. Allan H. Lind, of counsel to the
Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by the Boot and Shoe Workers Union of
the.A. F. of L., herein called the Union, the National Labor Relations
Board, herein called the Board, by A. Howard Myers, Regional Di-
rector for the First Region (Boston, Massachusetts) issued its com-
plaint dated September 24, 1937, against the William Shoe Co., Inc.,
Haverhill, Massachusetts, and the Wingate, Inc., Newton Junction,
New Hampshire, herein called the respondents, alleging that the re-
spondents had engaged and were 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. The complaint alleged in substance
that the respondents were owned, controlled, operated and managed
by the same persons; that the respondents entered into and carried out
an agreement, arrangement, or plan to lock out and discharge all the
production employees of the respondent William Shoe Co. at its plant
in Haverhill, Massachusetts, and to transfer all its operations to the
plant of the respondent Wingate, Inc., at Newton 'Junction, New
Hampshire, with the purpose and intent of avoiding, evading, and
escaping the responsibilities, obligations, and provisions of a contract
between the Union and the respondent William Shoe Co., and of
avoiding the duty to bargain collectively with the Union ; and that
pursuant to the agreement, arrangement, or plan, the respondent
William Shoe Co., on specified dates in the months of June and July
563
564 NATIONAL LABOR RELATIONS BOARD
1937, discharged 62 named employees, and at all times since respond-
ents have refused to employ said employees. Copies of the complaint
and of notice of hearing were duly served on the respondents and the
Union.
On September 29, 1937, the respondents filed separate answers,
denying the agreement, arrangement, or plan alleged in the complaint,
denying that the operations of the respondent William Shoe Co. had
been transferred from its plant in Haverhill to the plant of the Win-
gate, Inc. in Newton Junction, and denying that the employees of the
respondent William Shoe Co. in Haverhill had been discharged.
Pursuant to the notice, a hearing on the complaint was held in
Haverhill, Massachusetts, on September 30, 1937, before Robert Gates,
the Trial Examiner duly designated by the Board. The Board and
the respondents were represented by counsel and participated in the
hearing.' Full opportunity to be heard, to examine and cross-examine
witnesses, and to produce evidence bearing upon the issues was
afforded to all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed these rulings and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
On January 10, 1938, the Trial Examiner filed his Intermediate
Report, in which he found that the respondents had engaged in unfair
labor practices affecting commerce within the meaning of Section 8
(1), (3), and (5) and Section 2 (6) and (7) of the Act. The respond-
ents filed separate exceptions to the Intermediate Report and re-
quested an opportunity to argue the exceptions before the Board. On
February 23, 1938, counsel for the respondents orally argued the
exceptions before the Board in Washington, D. C.
Upon the basis of the Trial Examiner's findings of fact in his Inter-
mediate Report, a stipulation was entered into on-April 8, 1938, be-
tween counsel for the Board and counsel for the respondent. This
stipulation was agreed to by the Union in a separate agreement. The
stipulation and agreement are hereby made part of the record and
effect a settlement of the case.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE RESPONDENTS AND THEIR BUSINESS
The William Shoe Co., Inc., was incorporated in Massachusetts on
December 19, 1933 and has its principal office and plant in Haverhill,
Massachusetts. Until on or about July 21, 1937, it was engaged in
the manufacture of women's novelty shoes. The principal raw ma-
DECISIONS AND ORDERS 565
terials used, leather, findings, blackings, cloth, and heels, were pur-
chased almost entirely within Massachusetts, but about 90 per cent
of its finished products were sold to buyers in other States.
The Wingate, Inc., was incorporated in New Hampshire on April
14, 1937,.and has its principal office and plant in Newton Junction,
New Hampshire. It manufactures women's novelty shoes. About'60
to 80 per cent of the principal raw materials used, leather, findings,
blackings; cloth, and heels, are purchased outside of New Hampshire,
and about 90 per cent of the finished products are sold to buyers in
other States.
All the stock in each respondent is owned by Albert A. Brenner, who
is president of both, and William E. Connolly, who is treasurer of
both.
We find that the operations of the respondent constitute a continu-
ous flow of trade, traffic and commerce among the several States.
H. THE BASIS OF THE SETTLEMENT
The above -mentioned stipulation provides as follows :
WHEREAS charges having been filed in this proceeding by the
Boot & Shoe Workers' Union of the American Federation of
Labor through Michael F . Lynch, and a complaint having been
issued thereon by the Regional Director for the First Region on
September 24, 1937, which complaint was, together with a no-
tice of hearing , duly served upon the respondents , and a hearing
having been held before a Trial Examiner of the Board on Sep-
tember 30, 1937 at Haverhill , Massachusetts , and the said Trial
Examiner having made an Intermediate Report on January 10,
1938,
IT IS HEREBY STIPULATED AND AGREED by and
between William Shoe Company, Inc. and Wingate, Inc., (here-
inafter called the respondents ), and the National Labor Rela-
tions Board that :
1. The findings of fact of the Trial Examiner in his said
Intermediate Report dated January 10, 1938, are expressly made
a part of this stipulation , and upon such facts the Board shall
enter an Order in this case.
2. Said Order shall provide as follows :
Pursuant to Section 10, subdivision ( c) of the National Labor
Relations Act, the National Labor Relations Board hereby
Orders that the respondents and its officers and agents shall:
(1) Cease and desist from interfering with, restraining, or co-
ercing its employees in the exercise of the right to self-organiza-
tion, to form , join, or assist labor organizations , to bargain
collectively through representatives of their own choosing, and
566 NATIONAL LABOR RELATIONS *BOARD
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;
(2) Cease and desist from, discouraging membership in any
labor organization of their employees by discrimination i n regard
to hire or tenure of employment or any term or condition of
employment.
(3) Take the following affirmative action which the Board
finds will effectuate the policies of the Act :
(a) Pay the sum of Twenty-five Hundred Dollars ($2500.) to
the discharged employees named in Schedule A of the said Inter-
mediate Report in settlement for any .loss of pay they have suf-
fered by reason of their discharge, said sum to be distributed by
A. Howard Myers, Regional Director for the First Region, in
proportion to the loss in earnings of the said employees;
(b) Offer the same or equivalent employment at respondents'
plant in Newton Junction, New Hampshire, to all such employees
named in Schedule A of the said Intermediate Report who have
not been offered, within sixty (60) days from the service of this
Order, any other regular and substantially equivalent employ-
ment, and offer at their Newton Junction plant the same or
equivalent employment to not more than five (5) of the employees
named in Schedule A, immediately upon the service of this Order;
(c) Post notices to their employees in conspicuous places on
each floor of their Newton Junction plant stating (1) that re-
spondents will cease and desist in the manner aforesaid, (2) that
such notices will remain posted for a period of at least thirty (30)
consecutive days from the date of posting;
(d) Notify the Regional Director for the First Region within
ten (10) days from the service of this Order and report in writ-
ing setting forth in detail the manner and form in which they
have complied herewith.
3. The further maintenance of the respondents' plant at
Newton Junction, New Hampshire, shall not be deemed per se a
violation of the National Labor Relations Act or of the Board's
order.
4. The Board's Order may be embodied in a Decree of any
United States Circuit Court of Appeals.
ORDER
Upon the basis of the above stipulation, the findings of fact of the
Trial Examiner in his Intermediate Report of January 10, 1938, and
upon the entire record in the case, and pursuant to Section 10 (c) of
the National Labor Relations Act, the National • Labor Relations
DECISIONS AND ORDERS 567
Board orders that the William Shoe Company, Inc., and Wingate,
Inc., its officers , agents, successors and assigns , shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining , or coercing
its'employees in the exercise of the right 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) From in any manner discouraging membership in any labor
organization of their employees by discrimination in regard to.hire
or tenure of employment or any term or condition of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Pay the sum of Twenty-five Hundred Dollars ($2500.) to the
discharged employees named in Schedule A of the said Intermediate
Report, which is hereafter set forth , in settlement for any loss of pay
they have suffered by reason of their discharge, said sum to be dis-
tributed by A. Howard Myers, Regional Director for the First Region,
in proportion to the loss in earnings of the said employees;
(b) Offer the same or equivalent employment at respondent 's plant
in Newton Junction, New Hampshire, to all such employees named in
Schedule A of the said Intermediate Report, which is hereafter set
forth, who have not been offered within sixty (60) days from the
service of this order, any other regular and substantially equivalent
employment, and offer at their Newton Junction plant the same or
equivalent employment to not more than five (5) of the employees
named in Schedule A, immediately upon the service of this order;
(c) Post notices to their employees in conspicuous places on each
floor of their Newton Junction plant stating ( 1) that respondents will
cease and desist in the manner aforesaid; (2) that such notices will
remain posted for a period of at least thirty ( 30) consecutive days
from the date of posting;
(d) Notify the Regional Director for the First Region within ten
(10) days from, the service of this order and report in writing setting
forth in detail the manner and form in which they have complied
herewith.
80618-38-von yr--37
568 NATIONAL LABOR RELATIONS BOARD
SCHEDULE A
Employees discharged by William Shoe Company, Inc.
June 18, 1937:
Boucher, Maurice
Desmaris, Edmond
Iueule, Frank.
Ratte, George
Strykowski, John
Sweeney, Mathew
Sweeny, Robert
June 22, 1937:
Adams, Kenneth
Daniels, Arthur
Goyette, Joseph
Mead, Joseph J.
Petreshe, Adam
Walukeiuch, Alex
Whittier, Fred
July 14, 1937:
Adronowitch, Kurt
Audkonis, James
Becksha, Stanley
Bessi, Mario
Demerritt, Charles
Demerritt, Leslie
Kulich, John
Kulich, Jules
Kulich, Mike
Kuliesh, Stanley
Putis, Walter
Samson, Frank
Schena, Alfred
Spero, James
Turner, Stanley
Yeskelevitch, Rokas
July 15, 1937:
Faubert, Larry
Rousseau, Joseph
July 16, 1937:
Ambrose, Benjamin
Benkus, Joseph
Bromovitch, Chris
Burnham, Harley
Carlin, L.
Lakin, Samuel
Menard, Paul
Payette, Adelard
Payette, George
Payette, Neree
Piquetts, Marion
Scribner, J. Harold
Spero, George
Spinelli, Genaro
July 17, 1937:
Descoteaux, Felix
Tuck, Charles
July 20, 1937:
Bateman, Raymond
DiCesare, Henry
DiCesare, William
George, James
Moynihan, John
Page, Robert
Tashian, Harry
July 21, 1937:
Diburro, Virginia
Fiorella, Helen
Kachuck, Sophie
Kahelis, T.
Lessard, Bertha
Zacharchuck, Catherine