Hanover Heel & Innersole Co.,

National Labor Relations Board - Board Decisions

Dec 26, 1940

28 N.L.R.B. 774 (N.L.R.B. 1940)

In the Matter Of HANOVER HEEL '& INNERSOLE CO., and UNITED SHOE
WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. C-17,56.-Decided December 06, 1940
Jurisdiction : shoe bottom stock manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered' in stipulation.
Mr. Samuel G. Zack and Mr. Jack Davis, for the Board.
Mr. Robert M. Laird, of Hanover, Pa., and Mr. Arthur Markowitz,
of York, Pa., for the respondent.
Miss Marcia Hertzmark, 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 (C. I. 0.), herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by the Re-
gional Director for the Fourth Region (Philadelphia, Pennsylvania),
issued its complaint dated October 18, 1940, against Hanover Heel
& Innersole Co., Hanover, Pennsylvania, herein called the respond-
ent, alleging that the respondent had engaged in and was 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 Na-
tional 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 and upon the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that the respondent, on specified dates, discharged 14
persons and refused to reinstate 12 of them for the reason that they
had joined or assisted the Union and engaged in concerted activities
for the purpose of collective bargaining and other mutual aid and
protection; (2) that on or,about January 30, February 1, and Feb-
ruary 6, 1940, the respondent refused to bargain collectively with
the Union, as the exclusive representative of its employees within an
appropriate unit; and (3) that from about October 1939 to the date
28 N. L. R. B., No. 119.
774
HANOVER HEEL & INNERSOLE CO. 775
of the complaint the respondent interfered with, restrained and co-
erced its employees in the exercise of their rights guarantee&in Sec-
tion 7 of the Act. The respondent did not file an answer to the
complaint.
Pursuant to notice, a hearing was held on December 9, 10, and 11,
1940, at Hanover, Pennsylvania, before Martin Raphael, the Trial
Examiner duly designated by the Board. The respondent and the
Board were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues was afforded
all parties.
On December 11, 1940, the respondent, the Union, and counsel
for the Board entered into a stipulation in settlement of the case.
This stipulation provides as follows :
It is hereby stipulated and agreed by and between United Shoe
Workers of America, affiliated with the C. I. 0., hereinafter re-
ferred to as the Union, Hanover Heel & Innersole Co., herein-
after referred to as Respondent, and Jack Davis, Attorney for
the National Labor Relations Board, that :
1. This stipulation together with the Board exhibits admitted
in evidence at the hearing on December 9, 1940, shall constitute
the record in this proceeding.
IL, The taking of evidence or testimony before the Trial
Examiner in this matter and the making of findings of fact and
'conclusions of law by the Board, pursuant to the provisions
of the National Labor Relations Act, are hereby expressly waived
by the parties hereto, and the Board's Order, as herein provided,
shall have the same force and effect as if made after a full hear-
ing, presentation of evidence, and the making of findings thereon.
III. The United Shoe Workers of America, affiliated with the
C. I. 0., is a labor organization within the meaning of Section 2,
Subsection (5) of the National Labor Relations Act.
IV. Upon this stipulation, if approved by the National Labor
Relations Board, and upon the record, an order may be entered
by 'the Board providing as follows :
The Respondent, Hanover Heel & Innersole Co., its super-
visory employees, agents, representatives, successors and assigns,
shall
1. Cease and desist :
(a) From in any manner interfering with, restraining, or
coercing its employees in the exercise of their 'rights 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
776 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining or other -mutual aid or protection, as "
guaranteed in Section 7 of the National Labor Relations Act;
(b) From discouraging membership in the United Shoe
Workers of America, affiliated with the C. I. 0., or in any
other labor organization of its employees by discharging, laying
off, refusing to reinstate any of its employees, or in any other
manner discriminating in regard to hire and tenure of employ-
ment or any term or condition of employment or threatening
them with discharge or lay off or by coercing, advising or urging
its employees to cease activities in behalf of any labor organi-
zation.
2. Take the following affirmative action in order to effectuate
the purposes of the Act :
(a) Immediately offer reinstatement, in writing, by registered
mail, addressed to the employees listed in Appendix A, attached
hereto and made a part hereof, and if such reinstatement is
accepted immediately give reinstatement to the said employees
to their and each of their former positions or substantially
equivalent positions without loss of seniority and without prej-
udice to any rights and privileges previously enjoyed by them
and each of them;
(b) Place J. Edward Rutters upon a preferential list to be
offered reinstatement to his former or substanially equivalent
position without loss of seniority and without prejudice to
any rights and privileges previously enjoyed by him when and
as soon as such employment becomes available.
(c) Make whole each of the employees named in Appendix
A and B, attached' hereto and • made a part hereof, for the loss
of earnings suffered by them and each of them by the payment
to each of them, respectively, the sum set forth opposite each
of their names on said Appendix A and B ;
(d) Inform its supervisory employees, foremen, agents and
representatives that they shall not threaten employees in any
manner because of their membership in and activities in behalf
of any labor organization in general and the United Shoe Work-
ers of America, affiliated with the C. I. 0., in particular;
(e) Post immediately in conspicuous places in all' departments
of its Hanover 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 the Respondent will not engage in
the conduct from which it is ordered to cease and desist in para-
graphs 1 (a) and (b) of this order; (2) that the Respondent
will take the affirmative action set forth in paragraphs 2 (a),
(b), (c) and (d) of this order; and (3) that the Respondent's
HANOVER HEEL & INNERSOLE CO. 777
employees are free to become or remain members of the United
Shoe Workers of America, affiliated with the C. I. 0., or any
other labor organization and the Respondent will not discrimi-
nate against any employee or employees because of membership
in or activity in behalf of that organization or any other such
organization ;
(f) Notify the Regional Director for the Fourth Region in
writing within ten (10) days of the date of the order of the
National Labor Relations Board what steps have been taken to,
comply therewith.
V. It is further stipulated and agreed that the aforesaid com-
plaint insofar as it alleges violation of Section 8, subsection (5)
of the Act, shall be dismissed.
VI. It is further stipulated and agreed that the appropriate
United States Circuit Court of Appeals may, upon application
of the National Labor Relations Board, enter a decree enforcing
the aforesaid order of the Board, the Respondent hereby ex-
pressly waiving its right to contest the entry of such decree in
the appropriate United States Circuit Court of Appeals and,
further, expressly waiving its right to receive notice of the filing
by the National Labor Relations Board of an application for
the entry of such a decree.
VII. It is further stipulated and agreed that the employees
listed in Appendix A and B' attached hereto shall signify their
acceptance of the said offer of reinstatement as provided herein
within ten (10) days from the receipt'by them of the said offer
of reinstatement.
VIII. It is further stipulated- mid agreed that the employees
listed in Appendix A attached hereto shall be reinstated by the
Respondent as provided in IV 2 (a), within thirty (30) days
from the date hereof.
IX. It is further stipulated and agreed that the payment to,
the employees provided for in IV 2 (c), shall be made as follows:
One-third upon receipt of notification of the approval of this
stipulation by the National Labor Relations Board and the
balance thereof on or before December 24, 1940.
X. It is further stipulated and agreed that immediately after
the receipt of the notification of the approval of this stipu-
lation the Respondent will extend recognition to and will deal
with the Union as the representative of ther Respondent's em-
ployees who are members of the said Union, and it is further
stipulated and agreed that the Respondent shall bargain col-
lectively with the Union as the exclusive representative of
all of the Respondent's employees engaged in production and
778 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD
maintenance excluding clerical employees , foremen and super-
visory employees at its Hanover plant , with respect to wages,
hours and conditions of employment if and when the said'
Union shall obtain authorizations from a majority of the Re-
spondent 's employees in the unit set forth immediately above,
such authorizations to be of date subsequent to, the date of this
stipulation . Such majority authorization shall be established
by submitting evidence thereof to the Respondent or to the
National Labor Relations Board.
XI. This stipulation is subject to the approval of the National
Labor Relations Board.
XII. This stipulation contains the entire agreement of the
parties, and there is no verbal agreement of any kind which
varies, alters or modifies this stipulation.
On December 16, 1940, the Board issued its order approving the
above stipulation , making it part of the record, and transferring
the proceeding to the Board for the purpose of entry of a decision
and order pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TIIE RESPONDENT ,
Hanover Heel & Innersole Co., a Pennsylvania corporation having
a plant in Hanover, Pennsylvania , is engaged in the manufacture,
sale, and distribution of shoe bottom stocks , including counters and
innersoles . The respondent uses, in its operations at the Hanover
plant, leather and paper board , and in 1939 purchased approximately
$190,000 worth of such raw materials. Of this total 85 per cent
represented the cost of materials shipped from outside the State
of Pennsylvania . The gross volume of the respondent 's sales during
the same period was approximately • $260,000. About 65 percent- of
the products sold were shipped outside the State of Pennsylvania.
The respondent admits that it is 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.
ORDER
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
A
HANOVER HEEL & INNERSOLE CO. 779
hereby orders that Hanover Heel & Innersole Co., Hanover, Penn-
sylvania, its supervisory employees, agents, representatives, suc-
cessors, and assigns, shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining,,or coercing
its employees in the exercise of their rights to self=organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-'
certed 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) From discouraging membership in the United Shoe Workers
of America, affiliated with the C. I. 0., or in any other labor
organization of its employees by discharging, laying off, refusing
to reinstate any of its employees, or in any other manner discrim-
inating in regard to hire and tenure of employment or any term
or condition of employment or threatening them with discharge or
lay-off or by coercing, advising, or urging its employees to cease
activities in behalf of any labor organization.
2. Take the following affirmative action in order to effectuate the
purposes of the Act :
(a) Immediately offer reinstatement, in writing, by registered
mail, addressed to the employees listed in Appendix A, attached
hereto and made a part hereof, and if such reinstatement is accepted
immediately give reinstatement to the said employees to their and
each of their former positions or substantially equivalent positions
without loss of seniority and without prejudice to any rights and
privileges previously enjoyed by them and each of them;
(b) Place J. Edward Rutters upon a preferential list to be
offered reinstatement to his former or substantially equivalent posi-
tion without loss of seniority and without prejudice to any rights
and privileges previously enjoyed by him when and as soon as
such employment becomes available;
(c) Make whole each of the employees named in- Appendices A
and B, attached hereto and made a part hereof, for the loss of
earnings suffered by them by the payment to each of them, respec-
tively, of the sum set forth opposite their name on said Appendices
A and B ;
(d) Inform its supervisory employees, foremen, agents, and repre-
sentatives that they shall not threaten employees in any manner be-
cause of their membership in and activities in behalf of any labor
organization in general and the United Shoe Workers of America,
affiliated with the C. I. 0., in particular;
780 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(e) Post immediately in conspicuous places in all departments of
its Hanover 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 the respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraphs 1 (a) and
-(b) of this Order; (2) that the respondent will take the affirmative
action set forth in paragraphs 2 (a), (b), (c), and (d) of this
Order; and (3) that the respondent's employees are free to become
or remain members of the United Shoe Workers of America, affiliated
with the C. I. 0., or-any other labor organization and the respondent
will not discriminate against any employee or employees because of
membership in or activity in behalf of that organization or any other
such organization;
(f) Notify the Regional Director for the Fourth Region in writ-
ing within ten (10) days from the date of this Order'what steps have
been taken to comply herewith.
APPENDIX "A"
Leon Sunbury------------- __ $238.24 Willis Mummert_ ____________ $348.60
Wilbur Rohrbaugh----------- 250.95 Earl Shank ------------ ----- 269.50
Ellis A. Swisher-_________ 445.65 Paul Hockensmith----------- 224.07
Evelyn Becker_______________ 370.02 Naomi Hockensmith__________ 287.18
Clinton Mummert------------ 108.36 Laverne Pascoe----------- 70.84
Burnell Bemiller------- _---- 77.77 John K. Helwig______________ None
Bruce Brown------------ -__ 275.80
APPENDIX c'B'
J. Edward Rutters-------------------------------------------------- $ 33.02