Somerset Shoe Co.

National Labor Relations Board - Board DecisionsNov 29, 1940

28 N.L.R.B. 185 (N.L.R.B. 1940)

In the Matter Of SOMERSET SHOE COMPANY and UNITED SHOE WORKERS OF AMERICA 'Case No. C-278.-Decided November 09, 1940 Mr. Edward Schneider and Mr. Richard A. Perkins, for the Board. Skelton di Mahon, by Mr. John Mahon, of Lewiston, Maine, for the respondent. - Mr. Michael C. 'Flaherty, of Biddeford, Maine, for the Union. Miss Grace McEldowney, of counsel to the Board. - I - SUPPLEMENTAL FINDINGS OF FACT AND RECOMMENDATION On February 19, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Order," and on May 17, 1939, an Amendment to Decision and Order 2 in the above-entitled case. 'Thereafter, on June 16, 1939, the Board petitioned the United States Circuit Court of Appeals for the First Circuit, herein called the Court, for enforcement of its Order as provided in Section 10 (e) of the Act. On May 9, 1940, the Court issued an opinion 3 and on the same day entered a decree modifying paragraph 4 (b) of the Board's Order, enforcing the Order as so modified except as to para- graph 4 (a) 4 and remanding the case to the Board for further pro- ceedings with respect to said paragraph 4 (a), not inconsistent with the opinion of the Court. 1 5 N. L. R. B. 486. 2 12 N. L. R. B. 1057. 8111 F. (2d) 681. 4 Paragraph 4 (a) of the Order is as follows: ,"(a) Make whole all employees who were laid off by reason of the stint-down on March 24, 1937, for any loss of pay suffered by reason of such shut-down by payment to each of them of a sum of money equal to that which each would normally have earned as wages during the period from March 24, to May 11, 1937, less his or her net earnings, if any, during that period, deducting however from the amount otherwise due to each of the said employees monies received by said employee dur- ing 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." 28 N. L. R. B., No. 37. , 185 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the Court's mandate the Board on May 20, 1940, re- opened the record and referred the case to the Regional Director for a supplemental hearing. The Regional Director thereupon issued a notice of supplemental hearing which was duly served upon the parties. On September 12, 1940, the respondent, the Union, and counsel for the Board entered into a stipulation, subject to the approval of the Board, which provides as follows: It is hereby stipulated and agreed by and between Somerset Shoe Company, hereinafter referred to as the Respondent, the United Shoe Workers of America, hereinafter referred to as the Union, and Edward Schneider, Regional Attorney, and Richard A. Perkins, Attorney, National Labor Relations Board, that : 1. Pursuant to the Order Reopening Record for Purpose Noted in Court Decree, and Referring Case to Regional Director for Supplemental Hearing, dated May 20, 1940, A. Howard Myers, Regional Director of the National Labor Relations Board, First Region, issued a Notice of Supplemental Hearing dated August 29, 1940, scheduling said Supplemental Hearing for September 12, 1940, at 10 o'clock in the forenoon, Municipal Courtroom, Municipal Building, Skowhegan, Maine. 2. Copies of said Order Reopening Record etc. and of said Notice of Supplemental Hearing were on August 30, 1940, duly served upon the Respondent and the Union, both of which ac- knowledge due and timely service of said Order and Notice. 3. The Respondent and the Union waive their right to the Supplemental Hearing and to the making of findings of fact and conclusions by the National Labor Relations Board. 4. It is stipulated and agreed that the financial statement of the Respondent attached to the original of this stipulation shall be received and admitted as part of the record in this proceed- ing as Respondent's exhibit next in order, and that this exhibit, together with this stipulation, the Order Reopening Record, etc., and the Notice of Supplemental Hearing may be filed with the Chief Trial Examiner of the National Labor Relations Board. 5. It is further stipulated that upon the Order Reopening Record, etc., the Notice of Supplemental Hearing, the record heretofore made in this proceeding, and certified to the United States Circuit Court of Appeals for the First Circuit, the Re- spondent's exhibit hereto attached, being the financial statement referred to above, and upon this Stipulation, if approved by the National Labor Relations Board, a further order may be entered by the Board directing the Respondent, its officers, agents, successors, and assigns, to take the following affirmative action SOMERSET SHOE COMPANY 187 "4 (a) (1) pay over to the Regional Director of the National Labor Relations Board, First Region, the sum of Five Thousand Dollars ($5,000) which shall be in full satisfaction of the re- quirement of the preceding paragraph' 4 (a) except in the event that the Respondent shall liquidate or otherwise permanently cease operations on or before September 1, 1941, in which case the said Regional Director shall be entitled to receive from the Respondent or from the proceeds of such liquidation the further sum of Five Thousand Dollars ($5,000) ; the said Regional Director to distribute such moneys as he may receive under this order to such employees and in such' amounts as he in his dis- cretion shall determine; compliance with paragraph 4 (a) (1) shall constitute full and complete compliance with paragraph 4 (a) of this order." 6. Such further order in the form set forth above shall be designated paragraph 4 (a) (1) and shall immediately follow paragraph .4 (a) of the order of the Board dated February 19, 1938, as amended May 17, 1939. 7. It is further stipulated that the United States Circuit Court of Appeals for the First Circuit may, upon application by the Board, enter a decree enforcing paragraph 4 (a) of the order of the Board dated February 19, 1938, as amended ,May 17, 1939, and enforcing the further order of the Board in the form set forth as 4 (a) (1) above. The Respondent and the Union waive their right to contest the entry of such decree and their right to receive notice of the filing of application for the entry of such decree in the form set forth above. 8. This stipulation constitutes the entire agreement between the parties, and no verbal agreement has been made which varies, alters, or adds to this stipulation. On October 31, 1940, the Board issued its order approving the ,above stipulation and making it a part of the record in the case. RECOMMENDATION Upon the basis of the above stipulation and the entire record in the case, and pursuant to Section 10 (e) of the National Labor Rela- tions Act, the National Labor Relations Board hereby recommends to the United States Circuit Court of Appeals for the First Circuit that paragraph 4 (a) of the Order of the Board, issued by the Board on February 19, 1938, be modified by the addition of the following para- graph, and that it be enforced as so modified : (1) Pay over to the Regional Director of the National Labor Relations Board, First Region, the sum of Five Thousand Dol- 188 DECISIONS OF, NATIONAL- LABOR RELATIONS BOARD -lars ($5,000) which - shall be in full satisfaction of the require- ment of the preceding paragraph 4 (a) except in the, event that the respondent shall liquidate or otherwise permanently cease f-,-: ,operations on or before September 1, 1941, in which case the said- Regional Director shall be entitled to receive from the respondent or from the proceeds of such liquidation the further sum of Five Thousand Dollars ($5,000) ; the said Regional Director to distribute such moneys as he may receive under this order to such employees and in such amounts as he in his discretion shall determine; compliance with paragraph 4 (a) (1) :shall constitute full and complete compliance with para- graph 4 (a) of this order. CHAIRMAN HARRY A. "MILLIS took no part in the consideration of the above Supplemental Findings of Fact and Recommendation.