Boston Leather Specialities, Inc.

In the Matter of BOSTON LEATHER SPECIALTIES , INC. and AMALGAMATED CLOTHING WORKERS OF AMERICA (CIO) Case No. C-1.5G8.-Decided May 18, 19410 -Leather Specialties Industry-Settlement : stipulation providing for compliance 4 with the Act, including reinstatement without back pay' as to one person- Order: entered on stipulation. Mr. Benjamin E. Gordon, for the Board. Holtz and Rose by Mr. David A. Rose, of Boston, Mass., for the respondent. Mr. Maurice Fractor, of Boston, Mass., for the Union. Mr. Frank Phillips, of Beverly, Mass., for the Association. Mr. Edwin L. Swope, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Amalgamated Clothing 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 February 2, 1940, against Boston Leather Specialties, Inc., Everett, Massachusetts, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hearing thereon were duly served upon the respondent, the Union, and upon Boston Leather Employees Asso- ciation, herein called the Association, a labor organization alleged to have been dominated by the respondent.' i On February 13, 1940, and February 20, 1940 , the Regional Director issued and served upon the parties a notice postponing the hearing until February 29, 1040, and indefinitely, respectively. 23 N. L. R. B., No.'104. 963 964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Concerning the unfair labor practices the complaint alleged, in substance, (1) that the respondent dominated and interfered with the formation and administration of the Association and gave it financial and other support; (2) that the respondent during June and July 1939 tlischatged and thereafter refused to reinstate three named per- sons because of their affiliation with the Union and for the purpose of discouraging membership in the Union; and (3) that by these and other acts the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On, February 17, 1940, the respondent filed an answer to the complaint. On May, 2, 1940, the respondent withdrew its answer pursuant to leave granted by the Regional Director on that date. On May 2, 1940, the respondent, the Union, the Association , and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : STIPULATION IT IS IIEREBY STIPULATED AND AGREED by and between BosTON LEATHER SPECIALTIES, INc., hereinafter referred to as the Respond- ent, the AMALGAMATED CLOTHING `YORKERS OF AMERICA, affiliated with, the Congress of Industrial Organizations, hereinafter re- ferred to as the Union, BOSTON LEATHER EMPLOYEES ASSOCIATION, hereinafter referred to as the Association, and BENJAMIN E. GORDON, Attorney, First Region, National Labor Relations Board, that: I. Upon an Amended Charge filed by the Union, the National, Labor Relations Board, by A. Howard Myers, Regional Director for the First Region (Boston, Massachusetts), acting pursuant to its Rules and Regulations-Series 2-as amended, Article IV,, Section 1, issued its Complaint and Notice of Hearing on February 2, 1940, against the Respondent. II. A copy of the Amended Charge, Complaint and Notice, of Hearing thereon,, and the National Labor Relations Board, Rules and Regulations-Series 2-as amended, were duly served upon the Respondent, the Association and the Union on Febru- ary 3, 1940, said hearing being scheduled for February 15, 1940, in Court Room 4, Federal Building, Boston, Massachusetts. On February 13, 1940, the said hearing was postponed to Febru- ary 29, 1940, and on February 26, 1940, the said hearing was postponed until further notice. Respondent filed its answer on February 13, 1940, which it withdrew on May 2, 1940. III. Respondent is and has been since on or about December 20, 1918, a corporation organized under and existing by virtue of the laws of the Commonwealth of Massachusetts and is now BOSTON LEATHER SPECIALTIES, INC. 965 and has continuously been engaged at a place of business at 210 Broadway in the City of Everett, County of Middlesex, Com- monwealth of Massachusetts , hereinafter referred to as the Plant, in the production, sale and distribution of infants' special- ties and automotive specialties and accessories. IV. Respondent in the course and conduct of its business -causes and has continuously caused approximately eighty per cent ( 80 o ) of the raw materials used in the manufacture of its finished products to be purchased and transported in inter- -state commerce from and through states of the United States other than the Commonwealth of Massachusetts to its Plant in the Commonwealth of Massachusetts , and causes and has con- tinuously caused approximately ninety per cent (90%) of the finished products manufactured by it to be sold and trans- ported in interstate commerce from its Plant in the Common= wealth of Massachusetts to, into and through States of the United States other than the Commonwealth of Massachusetts. Respondent's sales are in excess of one hundred thousand dol- lars ($100,000 ) annually, and the cost of respondent's raw ma- terials is in excess of one hundred thousand dollars ($100,000) annually. V. Respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act. VI. The Association is a labor organization within the mean- ing of Section 2, subdivision ( 5) of the said Act. VII. The Respondent , the Association, and the Union wlaive the right to a hearing as set forth in Sections 10 (b) and 10 (c) of the Act, and the making of Findings of Fact and Conclu- sions of Law by the National Labor Relations Board. VIII. This Stipulation , together with the Amended Charge, Complaint, and Notice of Hearing, and a copy of the National Labor Relations Board Rules and Regulations-Series 2-as amended, may be filed with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. IX. It is further stipulated that upon the Amended Charge, the Complaint , and upon this Stipulation, if approved by the National Labor Relations Board, an Order may 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 , its officers, agents, successors and assigns shall cease and desist from : (a) In any manner dominating or interfering with the ad- ministration of the Boston Leather Employees Association, or 233034-41-vol. 23-62 966 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD the formation or administration of any other labor organization of its employees, or from contributing financial or other sup- port to the said Association or to any other labor organization of its employees; (b) Discouraging membership in the Amalgamated Cloth- ing Workers of America (CIO) or in any,other labor organiza- tion of its employees by discrimination in regard to hire or tenure of employment, or any term or condition of employment; (c) In any other 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 choos- ing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. Respondent, its cflicers, agents, successors and assigns shall take the following affirmatide action to effectuate the policies of the Act : (a) Notify the Boston Leather Employees Association that Respondent will not recognize it in the future as the represen- tative of any of its employees for the purpose of dealing with Respondent concerning grievances, labor disputes, wages, rates of pay and hours of employment. (b) Offer to Walter McDonald immediate and full reinstate- ment without back pay, to his former or substantially equivalent position without prejudice to his seniority or other rights, and privileges. (c) Post immediately in conspicuous places at its Plant, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating that (1) the Respondent will not engage in the conduct from which it is ordered to cease and desist in Paragraphs 1 (a), (b)'-and (c) of this Order; (2) that the Respondent Will take the af- firmative action set forth in Paragraphs 2 (a) and (b) of ;this Order; and (3) that the Respondent's employees are free to become or remain members of Amalgamated Clothing Workers of America (CIO), or any other labor organization, and the Respondent will not discriminate against any employee, be- cause of membership or activity in that or any other labor organization. (d) 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 Respondent has taken to comply therewith. BOSTON LEATHER' SPECIALTIES, INC. - 967 AND it is further ordered that the Complaint, insofar as, it alleges that the Respondent has discriminated in regard to the hire and tenure of employment of Samuel Jacobson and Edward O'Rourke, be, and the same hereby is, dismissed. X. It is further agreed that this Stipulation shall be null and void and of no effect in the event the_ National Labor Relations 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-sclied- uled and all parties shall have full and complete opportunity to introduce such testimony as they desire, within the issues as framed. XI. The Respondent, the Association and the Union waive their right to contest the entry of any such decree by the ap-' propriate Circuit Court of Appeals and their right to receive notice of the filing of an application for the entry of such de- cree, 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 this Stipulation. On May 7, 1940, the Board issued an Order approving the above stipulation, making it a part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Reg- illations=Series' 2, as , amended, transferring the proceedings to the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT J. THE BUSINESS OF THE RESPONDENT Boston Leather Specialties, Inc., a Massachusetts corporation, operates a plant at Everett, Massachusetts, where it is engaged in the production, sale, and distribution of infants' specialties and au- tomotive specialties and accessories. The respondent expends ap- proximately $100,000 annually for the purchase of raw materials, 80 per cent of which is shipped to it from points outside the Com- monwealth of Massachusetts. The value of the respondent's sales of its finished products is in excess of $100,000 annually, of which approximately 90 per cent is shipped to points outside the Common- wealth of Massachusetts. The respondent admits that it is engaged in interstate commerce within the meaning of the Act. 968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 and 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 Boston Leather Specialties, Inc., Everett, Massa- chusetts, its officers, agents; successors, and assigns shall : 1. Cease and desist from : (a) In any manner dominating or interfering with the administra- tion of the Boston Leather Employees Association, or ' the formation or administration of any other labor organization of its employees, or from contributing financial or other support to the said Association or to any other labor organization of its employees; (b) Discouraging membership in the Amalgamated Clothing Work- ers of America (CIO) or in any other labor organization of its employees by discrimination in regard to hire or tenure of employment, or any term or condition of employment; (c) In any other 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 purpose of collective bargaining or other mutual aid or protection. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Notify the Boston Leather Employees Association that Re- spondent will not recognize it in the future as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, and hours of employment ; (b) Offer to Walter McDonald' immediate and full reinstatement without back pay, to his former or substantially equivalent position without prejudice to his seniority or other rights and privileges; ' (c) Post immediately in conspicuous places at its plant, and main- tain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating that (1) the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b), and (c) of this Order; (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) that the respondent's employees are free to become or remain members of Amalgamated Clothing Workers of America (CIO), or any other labor organization, and the respond- BOSTON LEATHER SPECIALTIES, INC. 969 ent will not discriminate against any employee because of member- ship or activity in that or any other labor organization; (d) 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 this Order what steps the respondent has taken to comply therewith. AND IT IS FURTIIER ORDERED that the complaint, in so far as it alleges that the respondent has discriminated in regard to the hire and tenure of employment of Samuel Jacobson and Edward O'Rourke, be, and the same hereby is, dismissed.