Boston Leather Specialities, Inc.

National Labor Relations Board - Board Decisions

May 18, 1940

23 N.L.R.B. 963 (N.L.R.B. 1940)

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
4with 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.