A. Werman & Sons, Inc.

In the Matter o f A. WERMAN & SONS, INC., A NEW YORK CORPORATION, A. WERMAN & SONS, INC., A CONNECTICUT CORPORATION and UNITED SHOE WORKERS OF AMERICA (CIO) Case No. C-1340.Decided September 11, 1939 Shoe Manufacturing Industry-Settlement: stipulation providing for com- pliance with the Act, including reinstatement of two persons and strikers upon application-Order: entered on stipulation. Mr. Benjamin E. Gordon, for the Board. Mr. Henry Mayer, of New York City, for the respondent. Mr. Ray Johnson, 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 (CIO), herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the First Region (Boston, Massachusetts) issued its complaint dated June 3, 1939, against A. Werman & Sons, Inc., a New York corporation, Brooklyn, New York, and A. Werman & Sons, Inc., a Connecticut corporation, Norwich, Connecticut, herein called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Sections 8 (1) 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 Union and the respondents. On June 7, 1939, A. Werman & Sons, Inc., a Connecticut corporation, and on June 8, 1939, A. Werman & Sons, Inc., a New York corporation, filed answers denying the material averments of the complaint. Concerning the unfair labor practices, the complaint alleged in substance that at the plant of the respondents at Norwich, Connecti- cut, the respondents on or about February 2, April 10, and April 11, 1939, terminated the employment of Thomas Nicholas,'Ann Emback, 15 N. L. R. B., No. 23. 179 180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Richard Ellis, respectively, and have since refused to reinstate said employees because they joined and were active in behalf of the Union and engaged in concerted activities with ' other employees of the respondents for the purpose of collective bargaining and other mutual aid and protection; that on or about June 1, 1937, and at various times thereafter, the respondents spied upon and kept under surveillance meetings of the Union, threatened to move their plant located at Norwich, Connecticut, if their employees joined the Union, made disparaging remarks concerning the Union and its or- ganizers, and attempted to discourage the employees in their union organization; that by the aforesaid acts and by other acts, the re- spondents interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7. of the' Act; and that because of the aforesaid acts occurring prior to April 1, 1939, the Union called a strike of the employees of the respondents at their Norwich, Connecticut, plant. On June 22, 1939, the respondents, the Union, and Counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION It is hereby stipulated by and-between A. Werman & Sons, Inc., 588 Hendrix Street, Brooklyn, New York, and A. Werman & Sons, Inc., 18 Thames Street, Norwich, Connecticut, (hereinafter called the Joint Respondent), United Shoe Workers of America, affiliated with the Congress of Industrial Organizations, and Ben- jamin E. Gordon, Attorney, National Labor Relations Board, that : 1. Upon charge as amended duly filed May 11, 1939, by the United Shoe Workers of America, affiliated with the :Congress of Industrial Organizations, hereinafter referred to as the Union, the National Labor Relations Board by A. Howard Myers, Regional Director for the First Region (Boston, Massachusetts), acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, (hereinafter referred to as the Act), 49 Stat. 449, 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 3d day of June, 1939, against the Joint Respondent. H. Copies of the charge as amended, complaint and notice of hearing thereon, and National Labor Relations Board Rules and Regulations-Series 1, as amended, were duly served upon the Joint Respondent and upon the Union on the 3d day of June, 1939, said hearing being scheduled for 10:00 A. M. (E. D. S. T.), A. WERMAN, & - SONS, INC. 181 on June 19, 1939, at the United States Post Office, Norwich, Con- necticut. On June 7th and 8th, 1939, respectively, A. Werman & Sons, Inc., a Connecticut Corporation and A. Werman & Sons, Inc., a New York Corporation filed with the Regional Director of the First Region of the National Labor Relations Board, their answers to the Complaint. Notice of Postponement of Hearing until further notice was issued and served upon the Joint Re- spondent and upon the Union on June 16, 1939. .. III. A. Werman & Sons, Inc., 588' Hendrix Street, Brooklyn, .New York, is and has been since on or about November 1, 1924, a corporation organized under and existing by virtue of the laws of the. State of New York, and is 'now and has continuously been engaged at a place of business in the Borough of Brooklyn, Kings County, State of New York, in the production, sale and distribu- tion of shoes of various kinds.. IV. A. Werman & Sons, Inc., 18 Thames Street, Norwich, Con- necticut, is and has been since on or about December 24, 1934, a corporation organized -under and existing by virtue of the laws of the State of Connecticut, 'and is now and has continuously been engaged at a, place of business in. the City of Norwich, County of New London, • State 'of Connecticut, (hereinafter referred to as the Norwich plant), in the production, sale and distribution of shoes of various kinds. The stock of this corporation is wholly owned by A. Werman & Sons; Inc. referred to in paragraph III hereof.. ' V. The Joint Respondent; in ,the Course and conduct of its operations at the Norwich Plant, causes and has continuously caused approximately all of the raw materials used in the manu- facture of its products at the Norwich Plant to be purchased and transported in interstate commerce from and through states of the United States other' than, the State of Connecticut, to the' Norwich Plant in the State of Connecticut, and causes and has continuously 'caused approximately 98°Jo of the shoes manu- factured by.. it at the Norwich Plant to be sold and transported from the Norwich Plant in the State of Connecticut, to, into and through States of the United States other than the State of Connecticut. . The output of the Joint Respondent at the Norwich Plant (a) in terms of:dollars is approximately $112,000 per month, (b) in. terms of bulk is approximately 132,000 pairs of shoes per month. The raw materials used' by the Joint Respondent at its Norwich Plant (a) in terms of dollars are approximately $68,000 per month, (b) in terms of bulk are approximately 30 tons per month. VI. The Joint `Respondent is engaged in interstate commerce within the. meaning of the National Labor Relations Act. 199549-39-vol. 15--13 . 182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VII. The Joint Respondent, in the normal course and conduct of its-business at the Norwich Plant, employs approximately 410 individuals who are engaged in production. VIII. United Shoe Workers of America, affiliated with the Congress of Industrial Organizations, is. a labor organization within the meaning of Section 2, subdivision. (5) of the National Labor Relations Act. IX. The Joint Respondent and the Union waive the right to a hearing as set forth in Sections 10 (b) and 10 (c) of the said Act, and the making of Findings of F•act..and Conclusions: of Law by the National Labor Relations Board. X. This stipulation together with the charge as amended, com- plaint and notice of hearing, answers of the Joint Respondent, notice of postponement of hearing, and a copy of the National Labor Relations Board Rules and Regulations-Series 1, as amended, may be filed with the Chief Trial Examiner of the National Labor Relations Board .at Washington, D.. C. XI. It is further stipulated that upon the charge as amended, complaint, answers, and upon this stipulation, if approved by the National 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, pro- viding as follows : . 1. The Joint Respondent, its officers, agents, successors, and assigns, shall cease and desist at its Norwich Plant from : (a) In any manner interfering with, restraining, or, coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted, activities for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act: (b) Discouraging membership in the United Shoe Workers of America, affiliated with the Congress of.Industrial Organizations, or any other labor organization of its employees, by discrimina- tion in regard to hire or tenure of employment or any term or condition of employment. 2. The Joint Respondent, its officers, agents, successors and assigns, shall take the following affirmative action to effectuate the policies of the Act : •(a) Offer to Ann Emback and Richard Ellis immediate and full reinstatement at the Norwich Plant to their former posi- tions or substantially equivalent employment, without loss of any risrhts and privileges previously enjoyed by them; A. WERMAN & SONS, INC. 183 (b) Upon application within, ten days from the issuance of this order, offer to those employees who went out on strike April 1, 1939, and thereafter, immediate and full reinstate- ment to their former or substantially equivalent positions, with- out prejudice to their seniority and other rights and privileges, dismissing if necessary any employees who were employed by the Joint Respondent at the Norwich Plant at any time after April 1, 1939, in positions vacated by,the strikers. (c) Make whole the employees ordered to be offered rein- statement in Paragraph 2, (b) above for any loss. of pay they will have suffered. by reason of the Joint Respondent's refusal, upon application, to reinstate' them pursuant to:. the terms of this Order, by payment-to them respectively, of a sum of money equal to that which each would normally have earned as wages during the period from five (5) days after the date of such application for reinstatement to the date of the offer of em- ployment, less their net earnings during that period, deducting however, from the amount otherwise. due to each of the said employees, monies received by said employee during said period for work performed upon Federal, State, County, Municipal, or other work relief projects, and,pay,over the amount, so deducted, to the appropriate fiscal agency of the Federal, State, County, Municipal, or other government or governments which supplied the funds for said work relief projects: (d) Post in conspicuous places at the Norwich Plant notices embodying the cease and desist provisions of the Order of the Board, such notices to remain posted for a period of sixty (60) days: (e) Notify the Regional Director for the First Region of the National Labor. Relations Board, in writing, within ten (10) days from the date of the Order what steps the Joint Respondent has taken to comply herewith. And it is further ordered that the complaint insofar as it alleges that the Joint Respondent has discriminated in regard to the hire and tenure of employment of Thomas Nicholas be, and the same hereby is, dismissed. XII. It is further agreed that this stipulation shall be null and void and of no effect in the event the National Labor Re- lations Board does not approve this stipulation and does not enter an Order based upon the terms and provisions of the said stipulation, and that in the event the Board does not, approve the stipulation and issue an Order based upon the terms and provisions of the 'said stipulation the hearing shall be re- scheduled and all parties shall have full and complete oppor- 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tunity to introduce such testimony as they desire, within the issues as framed. XIII. The issuance of an Order based upon the terms and provisions of this stipulation, shall constitute a complete de- termination of all the issues raised by the pleadings in this proceeding. XIV..It is further agreed that the Joint Respondent will abide by this stipulation and any Order thereon 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. The Joint Respondent and the Union hereby specifically waive their right to contest the entry of any such decree and their `right to receive notice of the filing of an application for the entry of such decree in the form set forth above. This stipulation constitutes the entire agreement between the parties and no verbal agreement of any kind has been made which varies, alters, or adds to the stipulation. On August 9, 1939, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. TIIE BUSINESS OF THE RESPONDENTS A. Werman & Sons, Inc., Norwich, Connecticut, a Connecticut corporation, is a wholly owned subsidiary of A. Werman & Sons, Inc., Brooklyn, New York, a New York corporation. The respondents are engaged in the. business of production, sale, and distribution of various kinds of shoes at their plants in Norwich, Connecticut, and Brooklyn, New York. Approximately all the raw materials used at the Norwich plant, amounting to approximately 30 tons in bulk and $68,000 in value per month, are transported to 'the plant from States other than the State of Connecticut. . Approximately 98 per cent of the shoes manu- factured at the Norwich plant, amounting to approximately 132,000 pairs in bulk and .$112,000 in value, per month, are sold and trans- ported from the plant to States other than the State of Connecticut. The respondents admit that they are engaged in interstate 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. A. WERMAN & SONS, INC. ORDER 185 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 : 1. The respondents, their officers, agents, successors, and assigns, shall cease and desist at their Norwich Plant from : (a) In any manner interfering with, restraining, or coercing their employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in the United Shoe Workers of America, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, by discrimination in regard to hire or tenure of employment or any term or condition of employment. 2. The respondents, their officers, agents, successors, and assigns, shall take the following affirmative action to effectuate the policies of the Act : (a) Offer to Ann Emback and Richard Ellis immediate and full reinstatement at the Norwich plant to their former positions or sub- stantially equivalent employment, without loss of any rights and privileges previously enjoyed by them; (b) Upon application within ten days from the issuance of this order, offer to those employees who went out on strike April 1, 1939, and thereafter, immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority and other rights and privileges, dismissing if necessary any em- ployees who were employed by the respondents at the Norwich plant at any time after April 1, 1939, in positions vacated by the strikers; (c) Make whole the employees ordered to be offered reinstatement in paragraph 2 (b) above for any loss of pay they will have suf- fered by reason of the respondents' refusal, upon application, to rein- state them pursuant to the terms of this Order, by payment to them respectively, of a sum of money equal to that which each would normally have earned as wages during the period from five (5) days after the date of such application for reinstatement to the date of the offer of employment, less their net earnings during that period, deducting however, from the, amount otherwise due to' each of the said employees, monies received by said employees during said period for work performed upon Federal, State, county, municipal, or other 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD work-relief; projects, and pay over the amount, so deducted, to the appropriate fiscal agency of the Federal, State, county, municipal, or other government or governments which supplied the funds for said work-relief projects; (d) Post in conspicuous places at the Norwich plant notices em- bodying the cease and desist provisions of the Order of the Board, such notices to remain posted for a period of sixty (60) days; (e) Notify the Regional Director for the First Region of the Na- tional Labor Relations Board, in. writing, within ten (10) days from the date of the Order what steps the respondents have taken to comply herewith. . AND IT Is FURTHER ORDERED that the complaint in so far as it alleges that the respondents have discriminated in regard to the hire and tenure of employment of Thomas Nicholas be, and the saine hereby, .is, dismissed.