Endicott Johnson Corp.

National Labor Relations Board - Board Decisions

Sep 2, 1939

15 N.L.R.B. 77 (N.L.R.B. 1939)

In the Matter of ENDICOTT JOHNSON CORPORATION, TRIPLE CITIES
CIVIC AND ' WORKERS COMMITTEE , GEORGE B. ROBERTS , CHARLES
F. MURPHY and BOOT & SHOE WORKERS UNION LOCAL 42
Case No . C-1341.-Decided September 2, 1939
Shoe Ma iufactiiring ImLustry-Settlement : stipulation providing for compli-
ance with the Act-Order: entered on stipulation.
Mr. Edward D. Flaherty, for the Board.
Mr. Howard A. Swartwood, of Endicott, N. Y., for Respondent
Corporation.
Mr. Charles F. Murphy, of Johnson City, N. Y., for Respondent
Committee.
Mr. Ben Berk, of Binghamton, N. Y., for the Union.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Boot & Shoe
Workers Union Local 42, affiliated with American Federation of
Labor, herein called the Union, the National Labor Relations Board,
herein called the Board, by the Regional Director for the Third
Region (Buffalo, New York), issued its complaint, dated June 9, 1939,
against Endicott Johnson Corporation, Triple Cities Civic and
Workers Committee, George B. Roberts, and Charles F. Murphy,
herein respectively called the Respondent Corporation, Respondent
Committee, and respondent individuals, and herein collectively called
the Respondents, alleging that the Respondents had engaged in and
were engaging in unfair labor practices affecting commerce within the
meaning of Section 8 (1) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the Respondent Corporation discouraged concerted
activities of its employees for the purposes of collective bargaining
and other mutual aid and protection, and the membership of its
15 N. L. R. B., No. 14.
77
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in and their affiliation with the Union by: (1) causing
antagonistic and derogatory notices, editorials and paid advertise-
ments, referring to labor organizations and agents of labor organiza-
tions, to be published in various newspapers having wide circulation
in and about the city of Binghamton and Villages of Johnson City,
Endicott, and Owego, New York, and by distributing and/or causing
to be distributed to its employees, copies of the said papers; (2) caus-
ing and/or permitting the circulation in and about its plants, on com-
pany time and property, of petitions pledging to the company the
loyalty of its employees and their desire not to belong to an outside
organization; (3) causing and/or permitting anti-union speeches to
be made on company time and property; (4) causing and/or per-
mitting the circulation and signing of a so-called "Thanksgiving
Greeting to George F. Johnson," by the signing of which, employees
became members of the Respondent Committee; (5) causing and/or
permitting its employees to act in behalf of, and conduct business and
affairs of the Respondent Committee and paying the said employees
while so acting; (6) supplying stationery and stenographic services
to officers and members of various committees of Respondent Com-
mittee; and (7) interfering with and preventing the circulation of
literature and circulars of the Union in the vicinity of its plants; (8)
causing and/or permitting speeches derogatory and antagonistic to
labor organizations and agents of labor organizations to be delivered
by its officers and agents, on company time and property, and in and
about the City and Villages hereinbefore referred to; (9) causing
and/or permitting members of the Respondent Committee to conduct
meetings on company time and property ; (10) causing and/or per-
mitting the circulation of anti-union literature on company time and
property; (11) encouraging the anti-union campaign carried on by
Respondent Committee and Respondents Murphy and Roberts; and
that all the Respondents (1) caused and/or assisted in the formation
and administration of an anti-union organization among the
employees of Respondent Corporation known as the Triple Cities
Civic and Workers Committee; (2) caused and/or encouraged the
printing and circulation of anti-union circulars, literature and post-
ers; and (3) caused and/or encouraged civic, business, and fraternal
organizations, and other groups to conduct anti-union meetings, and
caused and/or encouraged such organizations to release to newspapers
having a wide circulation anti-union propaganda, and to insert paid
anti-union advertisements in said newspapers; and that the Respond-
ents, by the above-mentioned activities, and by causing and/or
encouraging threats to be made that the Respondent Corporation
would withdraw from its employees certain medical, dental, and hos-
pital benefits which had theretofore been extended to its employees,
ENDICOTT JOHNSON CORPORATION 79
if the employees joined a labor organization, and by other acts, inter-
fered with, restrained, and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act.
On November 7 and 14, 1938, the Union and the International
Association of Machinists, respectively, filed petitions with the
Regional Director for an investigation and certification of repre-
sentatives of the employees of the Respondent Corporation, pur-
suant to Section 9 (c)_ of the Act. On April 26, 1939, the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
1, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice. The Board further ordered, pursuant to Article
III, Section 10 (c) (2), and Article II, Section 37 (b), of the Rules
and Regulations, that the two representation cases and the complaint
case be consolidated for the purpose of hearing and for all other
purposes. On March 8 and April 7, 1939, the Union filed with the
Regional Director four additional petitions for an investigation and
certification of representatives of employees of the Respondent Cor-
poration pursuant to Section 9 (c) of the Act. On June 1, 1939,
the Board ordered these additional representation cases consolidated
with the cases previously consolidated in this proceeding. Copies
of the notice of consolidated investigation and hearing, complaint,
the Board's orders of consolidation and directing investigation and
hearing, second amended charge, and the petitions were duly served
upon the respondents, the Union, and the International Association
of Machinists.
On August 18, 1939, the Respondents, the Union, and counsel for
the Board entered into a stipulation in settlement of the complaint
case.. The stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by Endicott Johnson
Corporation (hereinafter called the Respondent Corporation),
Triple Cities Civic and Workers Committee (hereinafter called
the Respondent Committee), George B. Roberts (hereinafter
called Respondent Roberts), Charles F. Murphy, (hereinafter
called Respondent Murphy), and Boot & Shoe Workers Union
Local 42, Affiliated with the American Federation of Labor
(hereinafter called the Union), and Edward D. Flaherty, at-
torney, National Labor Relations Board, as follows :
I. Upon charges duly filed by the Union, the National Labor
Relations Board by its Regional Director for the Third Region,
acting pursuant to authority granted in Section 10 (b) of the
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Act (49 'Stat. 449), and its Rules
and Regulations, Series 1, as amended, Article IV, Section 1,.
issued its Complaint on the 9th day of June, 1939, against the
Respondent Corporation, the Respondent Committee, Respond-
ent Roberts, and Respondent Murphy.
II. The Respondent Corporation is and has been since ,the
1st day of April, 1919, a corporation duly organized and exist-
ing under and by virtue of the Laws of the State of New York,.
having its principal office and place of business in the Village
of Endicott, County of Broome, State of New York, and is now
and has continuously for a long period of time, been engaged
in the production and manufacture of: leather, canvas and rubber
shoes and other types of footwear in factories and tanneries
located in the City of Binghamton and the Villages of Johnson
City, Endicott, and Owego, New York, (Hereinafter referred
to as the Respondent Corporation's Plants), and is now and has
continuously for a long period of time been engaged in the
sale and distribution of such footwear through sales branches
located in the principal cities of the United States.
III. The Respondent Corporation sold goods to the value of
approximately $52,000,000 during its fiscal year ending Novem-
ber 30, 1938. Approximately 86%) of the finished products sold
by Respondent Corporation were shipped and delivered outside
.of New York State.
IV. Raw materials valued at approximately $21,500,000 were
used in the manufacturing processes carried on at the Respondent
Corporation's Plants during its fiscal year ending November
30, 1938. Approximately 60% of such raw materials originated
in States other than the State of New York, and in foreign
countries.
V. The Respondent Corporation employs approximately 18,000
persons at its various plants.
VI. The Respondent Corporation is engaged in interstate
commerce within the meaning of the National Labor Relations
Act (hereinafter referred to as the Act), and the Decisions of
the United States Supreme Court thereunder.
VII. The Respondent Committee is an unincorporated organ-
ization located in the County of Broome, New York, and admits
to membership employees of the Respondent Corporation, busi-
ness men of the City of Binghamton, and Villages of Johnson
City, Endicott and Owego, New York, and other persons.
VIII. Respondent Roberts is a resident of the Village of
Johnson City, New York, and is a member of the Respondent
Committee.
ENDICOTT JOHNSON CORPORATION 81
IX. Respondent Murphy is a resident of the Village.of John-
son City, New York, and an employee of the Respondent Cor-
poration, and is the Chairman of the. Executive Committee of
the Respondent Committee.
X. The Respondent Committee, Respondent Roberts and Re-
spondent Murphy were at all times mentioned in the complaint
herein, employers within the meaning of Section 2 (2) of the
Act.
XI. The Union is a labor organization as defined in Section
2 (5) of the Act.
XII. This stipulation together with the complaint, second
amended charge, and Rules and Regulations of the National
Labor Relations Board may be filed with the Chief Trial Ex-
aminer at Washington, D. C.
XIII. The taking of testimony or evidence before the Exam-
iner in this matter, and the making of findings of facts and
conclusions by the Board pursuant to the provisions of the
National Labor Relations Act, are hereby expressly waived by
the Respondent Corporation, the Respondent "Committee, Re-
spondent Roberts, Respondent Murphy, and the Union.
XIV. The Respondent Endicott Johnson Corporation in
entering into this stipulation does not admit that it has com-
mitted any of the acts charged in the complaint herein, but in
order to avoid the necessity of protracted hearings, expense and
loss of time and effort of all parties concerned, consents that
upon this stipulation if approved by the National Labor Rela-
tions Board, an Order may forthwith be entered against it by
said Board and by the appropriate United States Circuit Court
of Appeals without further notice of the application for entry
thereof, providing as follows :
ORDER
1. The - Respondent Corporation and its. officers shall refrain
from, cease and desist from :
(a) Causing notices, editorials and paid advertisements either
in favor of or derogatory or antagonistic to labor organizations
and agents of labor organizations, to be inserted in newspapers
published in and about the City of Binghamton, and Villages of
Johnson City, Endicott, and Owego, New York, and distribut-
ing and/or causing to be distributed to its employees, copies of
the said papers; provided however that nothing contained in this
paragraph shall prevent the publishing and/or distributing of
notices, editorials, advertisements or other literature denying
statements, charges, or insinuations which are scurrilous, libelous
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or slanderous, concerning the Respondent Corporation, its busi-
ness and officers, and the publishing and/or distributing of
notices, editorials, advertisements or other literature stating the
true facts in relation thereto.
(b) Causing and/or permitting the circulation in and about
the plants of the said Respondent Corporation on company time
and property, of petitions pledging to the company the loyalty
of its employees and their desire with respect to any labor
organization.
(c) Causing and/or permitting the circulation on company
time and property of membership cards of the Respondent Com-
mittee or any other organization, the purpose of which is
designed to promote anti-union or pro-union activities.
(d) Causing and/or permitting anti-union or pro-union
speeches to be made on company time and property.
(e) Causing and/or permitting speeches either in favor of or
derogatory or antagonistic to labor organizations and agents of
labor organizations to be delivered by its officers on company
time and property, and causing and/or encouraging such speeches
in and about the City and Villages hereinbefore referred to.
(f) Causing and/or permitting members of the Respondent
Committee or any other organization to conduct anti-union or
pro-union meetings on company time and' property.
(g) Supplying stationery and stenographic services to officers
and members of various committees of the Respondent Com-
mittee.
(h) Paying employees of the Respondent Corporation to act
in behalf of and conduct business and affairs of the Respondent
Committee.
(i) Causing and/or permitting the circulation of anti-union or
pro-union literature and circulars on company time and property.
(j) Interfering with and/or preventing the circulation of
literature and circulars of the Union in the vicinity of the plants
of the Respondent Corporation, if such circulation does not
occur on company property.
(k) Encouraging any anti-union or pro-union campaign to be
carried on by the Respondent Committee, Respondent Roberts
and Respondent Murphy, or any other organization through the
attendance of its officers at any anti-union or pro-union meetings.
(1) In any other way interfering with, restraining or coerc-
ing its employees in the lawful exercise of their rights to self
organization, to form, join, or assist the Boot & Shoe Workers
Union, A. F. of L., or any other labor organizations, and to bar-
gain collectively through representatives of their own. choosing.
ENDICOTT JOHNSON CORPORATION 83.
2. The Respondent Corporation shall take the following af-
firmative action which the Board finds will effectuate the policies
of the Act :
Immediately after receipt of a copy of the Order to be entered
against it by the National Labor Relations Board, post and
keep visible for a period of 60 days in a prominent place in
each department of the Respondent Corporation's Plants, a
Notice containing a copy of the Order provided for in this para-
graph, and stating :
(a) That Respondent Corporation's officers will instruct its
superintendents, foremen and supervisory employees, that they
shall not in any way interfere with or advise upon the member-
ship or activity of any employee in connection with any labor
organization, and that they are not to permit any of the activi-
ties referred to in Paragraph XIV-1 of this Stipulation.
(b) That every employee is free to join any labor organization
he or she may choose; and is also free to refrain from joining
or to refuse to join any labor organization, and that Respondent
Corporation will not in any way, in violation of the Act, dis-
criminate against any employee for so doing.
(c) That every eligible employee is and shall be free to vote
in any way he desires in any election that may be held for the
designation by its employees of their representative for collective
bargaining.
XV. The Respondents Triple Cities Civic and Workers Com-
mittee, George B. Roberts, and Charles F. Murphy, in entering
into this stipulation, do not admit that they have committed
any of the acts charged in the complaint herein, but in order to
avoid the necessity of protracted hearings, expense and loss.of
time and effort of all parties concerned, consent that upon such
stipulation if approved by the National Labor Relations Board,,
a separate Order may forthwith be entered against them by such
Board and by the appropriate United States Circuit Court of
Appeals without further notice of the application for entry
thereof, providing as follows :
ORDER
1. The Respondent Committee and Respondents Roberts and
Murphy, individually and as officers , agents and members of the
Respondent Committee shall refrain from , cease and , desist from :
(a) Causing and/or assisting in the formation and admin-
istration of an anti -union organization among the employees of
the Respondent Corporation , known as the Triple Cities Civic
and Workers Committee.
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) In any other way interfering with, restraining, or
coercing employees of the Respondent Corporation in the exer-
cise of their rights to self-organization, to form, join, or assist
labor organizations, and to bargain collectively through repre-
sentatives of their own choosing.
2. The Respondent Committee and Respondents Roberts and
Murphy, as officers, agents and members of the Respondent
Committee, shall refrain from, cease and desist from :
(a) Causing and/or encouraging the holding of meetings in
and about the City of Binghamton, and the Villages of Johnson
City, Endicott, and Owego, at which anti-union speeches are
delivered.
(b) Causing and/or encouraging the printing and circulation
of anti-union circulars, literature and posters, in and about the
City and Villages hereinbefore referred to.
(c) Causing and/or encouraging civic, business and fraternal
organizations and other groups, to conduct anti-union meetings
in and about the City and Villages hereinbefore referred to, and
causing and/or encouraging said organizations to release to
newspapers having circulation in and about the City and Vil-
lages hereinbefore referred to, anti-union propaganda, and in-
serting paid anti-union advertisements in said newspapers.
(d) Causing and/or encouraging threats to be made that the
Respondent Corporation would withdraw from its employees
certain medical, dental, and hospital benefits which had there-
tofore been extended to the said employees by the said Re-
spondent Corporation, if the employees joined a labor
organization.
3. The Respondent Committee, its officers and members and
its various committees, Respondent Roberts and Respondent
Murphy, shall take the following affirmative action which the
Board finds will effectuate the policies of the Act :
Immediately after receipt of a copy of the Order to be entered
against them by the National Labor Relations Board (as pro-
vided by this paragraph), Respondents Roberts and Murphy
shall call a meeting of the members of the executive committee
of the Respondent Committee. At said meeting Respondent
Roberts or Respondent Murphy shall explain to the committee
that charges have been filed that the Committee has violated
the National Labor Relations Act. Despite the Committee's be-
lief that it has not violated the National Labor Relations Act
and has been entirely independent of the Respondent Corpora-
tion; because of the charges made to the Board and in order to
eliminate any such suspicions, it has been thought best to dis-
ENDICOTT JOHNSON CORPORATION 85
band the Committee. Accordingly the Committee will be dis-
banded and agrees not to form any association assisted or
sponsored by the Respondent Corporation or having for its pur-
pose any of the acts or practices forbidden by the National
Labor Relations Act, including among others interference with
rights of the employees to organize.
Respondents Roberts and Murphy shall resign as officers of
the Committee, and the Committee shall thereupon be
disbanded.
XVI. It is further stipulated and agreed that notice of any
other or further proceedings after the entry of the Orders by
the appropriate United States Circuit Court of Appeals as
provided herein, shall be given to all parties who might be
affected by such further proceedings.
XVII. ' It is further stipulated and agreed that the entire
agreement between the parties is contained within the terms of
this stipulation, and there is no verbal agreement of any kind
which varies, alters, or adds to said stipulation in any respect.
On August 23, 1939, the Board issued its order approving the
above stipulation, making it part of the record, and pursuant to
Article II, Section '36, of National Labor Relations Board Rules and
Regulations-Series 2, transferring the proceeding to the Board for
the purpose of entry of a decision and orders pursuant to the pro-
visions of the stipulation. The Board further ordered pursuant to
Article II, Section 36 (d) and Article III, Section 10 (c) (4), of
National Labor Relations Board Rules and Regulations-Series 2,
that the complaint case be severed from the representation cases and
that it be continued as a separate proceeding.
Upon the basis of the above stipulation, and the entire record
in the case, the Board makes the following :
FINDINGS OF FACT
1. THE RESPONDENTS
Endicott Johnson Corporation, a New York corporation having
its principal office and place of business in the Village of Endicott,
New York, is engaged in the production and manufacture of leather,
canvas, and rubber shoes and other types of footwear in factories
and tanneries located in the City of Binghamton and the Villages
of Johnson City, Endicott, and Owego, New York, and is engaged in
the sale and distribution of such footwear through sales branches
located in the principal cities of the United States. Raw materials
valued at approximately $21,500,000 were used in the manufacturing
processes carried on at the Respondent, Corporation's plants during
l 9 9 5 4 9 -- 3 9-yo 1. 15--7
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
its fiscal year ending November 30, 1938. Approximately 60 per
cent of such raw materials originated in States other than the State
of New York, and in foreign countries. The Respondent Corpora-
tion sold goods of the value of approximately $52,000,000 during its
fiscal year ending November 30, 1938. Approximately 86 per cent
of the finished products sold by Respondent Corporation were
shipped and delivered outside the State of New York. The Re-
spondent Corporation employs approximately 18,000 persons at its
various plants. The Respondent Corporation admits that it is en-
gaged in commerce within the meaning of Section 2 (6) of the Act.
The Respondent Committee, Respondent Roberts and Respondent
Murphy stipulated, and we find, that they are employers within the
meaning of Section 2 (2) of the Act.
We find that the above-described operations constitute a con-
tinuous 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 Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that:
1. The Respondent Corporation, Endicott Johnson- Corporation,
and its officers shall refrain from, cease and desist from :
(a) Causing notices, editorials and paid advertisements either in
favor of or derogatory or antagonistic to labor organizations and
agents of labor organizations, to be inserted in newspapers published
in and about the City of Binghamton, and Villages of Johnson
City, Endicott, and Owego, New York, and distributing and/or
causing to be distributed to its employees, copies of the said papers;
provided, however, that nothing contained in this paragraph shall
prevent the publishing and/or distributing of notices, editorials, ad-
vertisements or other literature denying statements, charges, or in-
sinuations which are scurrilous, libelous or slanderous, concerning
the Respondent Corporation, its business and officers, and the pub-
lishing and/or distributing of ' notices, editorials, advertisements or
other literature stating the true facts in relation thereto;
(b) Causing and/or permitting the circulation in and about the
plants of the said Respondent Corporation on company time and
property,' of petitions pledging to the company the loyalty of its'
employees and their desire with respect to any labor organization;
(c) Causing and/or permitting the circulation on company time
and property of membership cards of the Respondent Committee or
any other organization, the purpose of which is designed to promote
anti-union or pro-union activities.;
ENDICOTT JOHNSON CORPORATION 87.
(d) Causing and/or permitting anti-union or pro-union speeches
to be made on company time and property;
(e) Causing and/or permitting speeches either in favor of or de-
rogatory to, labor organizations and agents of labor organizations
to be delivered by its officers on company time and property, and.
causing and/or encouraging such speeches in and about the City and
Villages hereinbefore referred to ;
(f) Causing and/or permitting members of the Respondent Com-
mittee or any other organization to conduct anti-union or pro-union
meetings on company time and property;
(g) Supplying stationery and stenographic services to officers and
members of various committees of the Respondent Committee;
(h) Paying employees of the Respondent Corporation to act in
behalf of and conduct business and affairs of the Respondent
Committee ;
(i) Causing and/or, permitting the circulation of anti-union or
pro-union literature and circulars on company time and property ;
(j) Interfering with and/or preventing the circulation of litera-
ture and circulars of the Union in the vicinity of the plants of Re-
spondent Corporation, if such circulation does not occur on company
property;
(k) Encouraging any anti-union or pro-union campaign to be
carried on by the Respondent Committee, Respondent Roberts and
Respondent Murphy, or any other organization through the attend-
ance of its officers at any anti-union or pro-union meetings ;
(1) In any other way interfering with, restraining or coercing its
employees in the lawful exercise of their rights to self-organization,
to form, join, or assist the Boot & Shoe Workers Union, A. F. of L.,
or any other labor organizations, and to bargain collectively through
representatives of their own choosing.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
Immediately after receipt of a copy of this Order, post and keep
visible for a period of sixty (60) days in a prominent place in each
department of the Respondent Corporation's plants, a notice con-
taining a copy of this Order, and stating :
(a) That Respondent Corporation's officers will instruct its su-
perintendents, foremen and supervisory employees, that they shall not
in any way interfere with or advise upon the membership or activity
of any employee in connection with any labor organization and that
they are not to permit any of the activities referred to in paragraph
1 of this Order;
(b) That every employee is free to join any labor organization he
or she may choose; and is also free to refrain from joining or to
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
refuse to join any labor organization, and the Respondent Corpora-
tion will not in any way, in violation of the Act, discriminate against
any employee for so doing;
(c) That every eligible employee is and shall be free to vote in
any way he desires in any election that may be held for the designa-
tion by its employees of their representative for collective bargaining.
AND IT IS FURTHER ORDERED that the Respondent Committee and
Respondents Roberts and Murphy, individually and as officers, agents
and members of the Respondent Committee shall:
1. Refrain from, cease and desist from :
(a) Causing and/or assisting in the formation and administra-
tion of an anti-union organization among the employees of the Re-
spondent Corporation, known as the Triple Cities Civic and Workers
Committee ;
(b) In any other way interfering with, restraining, or coercing
employees of the Respondent Corporation in. the exercise of their
rights to self-organization, to form, join, or assist labor organizations,
and to bargain collectively through representatives of their own
choosing.
2. The Respondent Committee and Respondents Roberts and
Murphy, as. officers, agents and members of the Respondent Com-
mittee, shall refrain from, cease and desist from :
(a) Causing and/or encouraging the holding of meetings in and
about the City of Binghamton, and the Villages of Johnson City,
Endicott, and Owego, at which anti-union speeches are delivered;
(b) Causing and/or encouraging the printing and circulation of
anti-union circulars, literature and posters, in and about the City
and Villages hereinbefore referred to;
(c) Causing and/or encouraging civic, business and fraternal or-
ganizations and other groups, to conduct anti-union meetings in and
about the City and Villages hereinbefore referred to, and causing
and/or encouraging said organizations to release to newspapers hav-
ing circulation in and about the City and Villages hereinbefore re-
ferred to, anti-union propaganda, and inserting paid anti-union
advertisements in said newspapers;
(d) Causing and/or encouraging threats to be made that the Re-
spondent Corporation would withdraw from its employees certain
medical, dental, and hospital benefits which had theretofore been
extended to the said employees by the said Respondent Corporation,
if the employees joined a' labor organization.
3. The Respondent Committee, its off'icers' and members and its
various committees, Respondent Roberts and Respondent Murphy,
shall take'the following affirmative action which the Board finds will
effectuate the policies of the Act:
ENDICOTT JOHNSON CORPORATION 89
Immediately after receipt of a copy of this Order, Respondents
Roberts and Murphy shall call a meeting of the members of the
executive committee of the Respondent Committee. At said meeting
Respondent Roberts or Respondent Murphy shall explain to the
committee that charges have been filed that the Committee has vio-
lated the National Labor Relations Act. Despite the Committee's
belief that it has not violated the National Labor Relations Act and
has been entirely independent of the Respondent Corporation, be-
cause of the charges made to the Board and in order to eliminate
any such suspicions, it has been thought best to disband the Com-
• mittee. Accordingly, the Committee will be disbanded and agrees
not to form any association assisted or sponsored by the Respondent
Corporation or having for its purpose any of the acts or practices
forbidden by the National Labor Relations Act, including among
others interference with rights of the employees to organize. Re-
spondents Roberts and Murphy shall- resign as officers of the Com-
mittee, and the Committee. shall thereupon be disbanded.