Lumber and Sawmill Workers Union

486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD LUMBER AND SAWMILL WORKERS UNION, LOCAL NO. 2781, chartered by the UNITED BROTHERHOOD OF CAR- PENTERS AND JOINERS OF AMERICA, A. F. of L. and EVERETT PLYWOOD & DOOR CORPORATION and PLY- WOOD AND DOOR EMPLOYEES OF EVERETT, LOCAL NO. 1. Cases Nos. 19-CC-54 and 19-CC-55. December 22, 1954 DECISION AND ORDER On October 14, 1953, Trial Examiner Howard Myers issued his Intermediate Report in the above-entitled proceedings, finding that the Respondent had engaged in certain unfair labor practices within the meaning of section 8 (b) (4) (C) of the Act, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Inter- mediate Report attached hereto. Thereafter, the Respondent filed exceptions to the Intermediate Report and a supporting brief. Everett Plywood & Door Corporation, the Employer in- volved in this proceeding, filed a memorandum in support of the Intermediate Report. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the Trial Examiner's findings, conclusions, and recommenda- tions.1 ORDER Upon 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 the Respondent, Lumber and Sawmill Workers Union, Local No. 2781, chartered by the United Brotherhood of Carpenters and Joiners of America, A. F. of L., Everett, Washington, and its agents, shall: 1. Cease and desist from engaging in, or inducing and en- couraging the employees of Everett Plywood & Door Corpora- tion to engage in, a strike or a concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services where an object thereof is to force or require, Everett Plywood & Door Corpo- ration to recognize or bargain with Respondent, Local No. 2781, as the representative of any employees of Everett Ply- wood & Door Corporation in the collective-bargaining unit while the certification issued by a Regional Director of the National Labor Relations Board on June 25, 1953, in Cases 1 The Employer 's request for oral argument is hereby denied inasmuch as the record, including the exceptions and briefs , adequately presents the issues and the positions of the parties. 107 NLRB No. 120. LUMBER AND SAWMILL WORKERS UNION, LOCAL NO. 2781 487 Nos. 19-RC-1187 and 19-RM-73, or any other certification by the Board of a labor organization other than Lumber and Saw- mill Workers Union, Local No. 2781, is in effect. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act: (a) Post in conspicuous places at its business offices in Everett, Washington, including all places where notices or communications to its members are customarily posted, copies of the notice attached to the Intermediate Report and marked `Appendix A."2 Copies of said notice, to be furnished by the Regional Director for the Nineteenth Region, shall, after being duly signed by an official representative of Respondent Local No. 2781, be posted by it immediately upon receipt thereof and be maintained for a period of sixty (60) consecutive days there- after. Reasonable steps shall be taken by Respondent Local No. 2781 to insure that said notices are not altered, defaced, or covered by any other material. (b) Mail to the Regional Director for the Nineteenth Region signed copies of the notice for posting, the Employer willing, on the bulletin boards of the Employer, in its plant at Everett, Washington, where notices to employees are customarily posted, such notices to be posted and maintained for a period of sixty (60) consecutive days after receipt by the Employer. Copies of the notice, to be furnished by the Regional Director for the Nineteenth Region, shall, after being signed by an offi- cial representative of the Respondent Local No. 2781, be forthwith returned to the Regional Director for said posting. (c) Notify the Regional Director for the Nineteenth Region (Seattle, Washington), in writing , within ten (10) days from the date of this Order, what steps Respondent Local No. 2781 has taken to comply herewith. 2 This notice shall be amended by substituting for the words "The Recommendations of a Trial Examiner" in the caption thereof the words "A Decision and Order." In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order " Intermediate Report and Recommended Order STATEMENT OF THE CASE Upon a charge duly filed on June 29, 1953,1 by Everett Plywood & Door Corporation, herein called Everett (being Case No. 19-CC-54), and upon a charge duly filed on July 1. by Plywood and Door Employees of Everett, Local No 1, herein called Local No 1 (being Case No 19-CC-55), the General Counsel of the National Labor Relations Board, herein respectively called the General Counsel and the Board, by the Regional Director for the Nineteenth Region (Seattle, Washington), issued his consolidated complaint on July 14, 2 against Lumber and Sawmill Workers Union, Local No. 2781, chartered by the United Brother- 'Unless otherwise noted all dates refer to 1953. 2 On the same day, the said Regional Director, pursuant to Section 102.33 of the Board's Rules and Regulations, Series 6, as amended, issued an order consolidating the above- numbered cases. 488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hood of Carpenters and Joiners of America , A. F. of L., herein called Local No. 2781, alleging that Local No 2781 had engaged in and was engaging in unfair labor practices affecting com- merce, within the meaning of Section 8 (b) (4) (c) and Section 2 (6) and (7) of the National Labor Relations Act, as amended , 61 Stat. 136, herein called the Act Copies of the consolidated complaint, the charges , and the order consolidating the cases and notice of hearing were duly served upon Local No 2781, Local No. 1, and Everett. The consolidated complaint alleged in substance that Local 2781 maintained a picket line around Everett' s premises for the purpose of forcing or requiring that concern to recognize or bargain with Local No 2781 as the representative of Everett ' s production and maintenance employees even though Local No 1 had been certified by the Board as the exclusive repre- sentative of said employees Local No 2781 duly filed an answer denying the commission of the alleged unfair labor practices Pursuant to due notice , a hearing was held on August 17 and 18, at Seattle , Washington, before the undersigned , the duly designated Trial Examiner Each party was represented by counsel and participated in the hearing Full opportunity to be heard , to examine and cross- examine witnesses , and to introduce evidence pertinent to the issues was afforded all parties. At the conclusion of the taking of the evidence counsel for the General Counsel argued orally, which argument is part of the stenographic report of the hearing The other counsel waived oral argument Counsel were then advised that they might file briefs with the undersigned on or before September 8 9 Briefs have been received from counsel for Local No 2781, Local No 1, and Everett , which have been duly considered Upon the entire record in the case, the undersigned makes the following: FINDINGS OF FACT L THE BUSINESS ACTIVITIES OF EVERETT Everett Plywood & Door Corporation, a Washington corporation, has its principal offices and place of business at Everett, Washington, where it is engaged in the manufacture, sale, and distribution of plywood, sash, and doors During all times material herein, Everett annually produced plywood, sash, and doors valued in excess of $ 5,000,000, of which amount more than 85 percent was sold and shipped to customers located outside the State of Wash- ington. Upon the above-admitted facts, the undersigned finds that Everett is, and during all times material herein was, engaged in commerce within the meaning of the Act. IL THE ORGANIZATIONS INVOLVED Lumber and Sawmill Workers Union, Local No 2781, chartered by the United Brotherhood of Carpenters and Joiners of America, A. F. of L., and Plywood and Door Employees of Everett, Local No 1, are labor organizations admitting to membership employees of Everett. III. THE UNFAIR LABOR PRACTICES A. The pertinent facts In or about May 1951, Everett acquired the plywood and door plant formerly operated by Robinson Plywood & Timber Co., herein called Robinson, in Everett, Washington At the time of said acquisition, and for approximately 14 years immediately prior thereto, Local 2781 had a collective-bargaining contract with Robinson covering Robinson's production and maintenance employees It appears for the record, which includes the stenographic report of the consolidated hearing in Case No 19-RM-73 and Case No 19-RC-1187 and the exhibits received in evi- dence thereat, that at the time, or shortly before, Robinson transferred the plywood and door plant to Everett it discharged or laid off all its production and maintenance employees, that when Everett commenced operations at the former Robinson plant it retained as its produc- tion and maintenance employees those persons who were formerly employed as such by 3At the request of counsel for Local No. 2781 the time was extended to September 18. LUMBER AND SAWMILL WORKERS UNION, LOCAL NO. 2781 489 Robinson; that said persons, upon being employed by Everett , became shareholders thereof and have retained such interest ever since , that upon learning that Everett was acquiring the Robinson plant representatives of Local No. 2781 met with representatives of Everett in April or May 1951, and demanded that Everett continue to recognize and bargain with Local No 2781 as the representative of the production and maintenance employees, that on May 9, 1951 , Everett notified Local No. 2781 that it would not recognize or bargain with it on behalf of its shareholder employees but offered to bargain with Local No. 2781 on be- half of its nonshareholder employees , that on May 16, 1951 , when Everett commenced operations at the former Robinson plant , Local No. 2781 placed pickets at the plant's en- trances, that the picket line has been maintained since that date until about 11 a. m. on July 6, 1953, except for the period from May 18 to June 3, 1951 ; and that the pickets displayed signs and banners stating that Everett and Robinson each refused to recognize and bargain with Local No. 2781 for its plywood and door plant employees and that each of said firms was unfair to Local No. 2781. The record further discloses that as a result of petitions filed with the Board by Local No. 1 and by Everett (being Cases Nos 19-RC- 1187 and 19-RM- 73), a hearing was held on February 16, 17, 18, and 27, 1953, at which the parties to the instant proceeding were represented by counsel and participated , that in May 1953 , the Board issued its Decision and Direction of Election (105 NLRB 17), that pursuant to said Decision and Direction, an election was duly held among the employees in the unit found by the Board to be appropriate for the purpose of ascertaining whether the employees here involved desired to be repre- sented by Local No. 2781 or Local No 1, or by neither ; that prior to the holding of said election, Local No. 2781 withdrew its name from the ballot , and that on June 25 , as a result of said election, the aforesaid Regional Director , under whose auspices the election was conducted , certified , for and on behalf of the Board, Local No 1 as the exclusive collective- bargaining representative of the persons in the appropriate unit. The evidence further reveals that on June 29 , a copy of the charge filed by Everett Plywood (Case No 19-CC-54), alleging that Local No. 1 had been certified by the Board on June 25 as the collective -bargaining representative for Everett's maintenance and production em- ployees was left at the offices of counsel for Local No 2781, and receipt of said charge was acknowledged , in writing, by a person employed in the office of said counsel ; that on July 1, Alfred Bartleson , recording secretary of Local No 1, went to the offices of Local No. 2781, and there told Edward Bordsen, financial secretary and treasurer of Local No 2781 and also its strike secretary , of the Board' s certification of Local No 1 as the collective-bar- gaining representative of Everett 's shareholder production and maintenance employees, that Bordsen replied, "We have already gotten a letter on that from the Labor Board"; that Bartleson then left with Bordsen a copy of the Board's June 25 certification attested to by a notary public as being a true and correct copy , that on June 29 , the Board sent Local No 2781 , by registered mail, a copy of the charge filed that day by Everett (being Case No. 19- CC-54) and said letter was received by Local No 2781 on July 1; and that said charge of Everett contained an allegation that Local No. 1 had been certified by the Board on June 25. B. Concluding Findings The primary question in issue is whether Local No 2781 violated Section 8 (b) (4) (C) of the Act by continuing to picket for recognition as the collective-bargaining representative of the persons here involved after the Board had certified Local No. 1 as such representa- tive. 4 The facts, as summarized above, most of which are undisputed, clearly disclose that despite the Board's certification that Local No 1 had been designated and selected, at a 4The pertinent portion of Section 8 (b) (4) (C) reads as follows: It shall be an unfair labor practice for a labor organization or its agents ... to engage in, or to induce or encourage the employees of any employer to engage in, a strike or a concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodi- ties or to perform any services, where an object thereof is ... forcing or requiring any employer to recognize or bargain with a particular labor organization as the repre- sentative of his employees if another labor organization has been certified as the representative of such employees... . 490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD secret election conducted by the Board , the exclusive collective-bargaining representative of Everett employees in a unit found by the Board to be appropriate Local No. 2781, al- though aware of said certification , continued to picket Everett' s plant demanding that it be recognized by Everett as the bargaining representative of the very persons whom the Board had found were represented by Local No. 1 Such actions and activities of Local No. 2781 fall within the interdiction of Section 8 (b) (4) (C), 5 and the undersigned so finds. The under- signed further finds, contrary to the contention of Local No. 2781, that Local No 1 is a labor organization within the meaning of the Act. At the hearing and in its brief, Local No 2781 contested the appropriateness of the unit found by the Board in its Decision and Direction of Election (105 NLRB 17) and hence the subsequent certification of Local No. 1 No additional evidence to support the contention was introduced in the present hearing which has not been introduced in the representation proceeding. Upon the entire record in the case, the undersigned finds that the contention of Local No. 2781 that the unit heretofore found by the Board is inappropriate is without merit. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Local No 2781 set forth in section III, above, occurring in connection with the business operations of Everett Plywood & Door Corporation, set forth in section I, above, have a close, intimate, and substantial relation to trade , traffic, and commerce among the several States and, such of them as have been found to be unfair labor practices, tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY 1 Everett Plywood & Door Corporation, Everett, Washington, is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act 2 Lumber and Sawmill Workers Union, Local No 2781, chartered by the United Brother- hood of Carpenters and Joiners of America, A. F. of L., and Plywood and Door Employees of Everett, Local No. 1, are labor organizations within the meaning of Section 2 (5) of the Act. 3 On and since June 25, 1953, Plywood and Door Employees of Everett, Local No 1, has been certified by the Board as the exclusive bargaining representative of the employees of Everett Plywood & Door Corporation in an appropriate unit, in accordance with the provisions of Section 9 of the Act. 4 From June 25, 1953, to about 11 o'clock in the forenoon of July 6, 1953, Local No 2781 had engaged in unfair labor practices within the meaning of Section 8 (b) (4) (C) of the Act, by inducing employees of Everett to engage in a concerted refusal in the course of their employment to transport or otherwise handle commodities or to perform any services for Everett, an object thereof being to require or force Everett to recognize or bargain with Local No 2781 as the representative of the employees in an appropriate unit notwithstanding that Local No 1 had been certified by the Board as the exclusive representative of said employees under the provisions of Section 9 of the Act 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act IRecommendations omitted from publication ] APPENDIX A NOTICE TO OUR MEMBERS AND EMPLOYEES OF EVERETT PLYWOOD AND DOOR CORPORATION Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board , and in order to effectuate the policies of the National Labor Relations Act, we hereby notify all our members and the employees of Everett Plywood & Door Corporation, that: 5See International Brotherhood of Teamsters, etc., 96 NLRB 957; Retail Clerks Inter- national Association, Local 1179, AFL, 93 NLRB 1638 PHILADELPHIA LAGER BEER BREWERS' ASSOCIATION 491 During the operative and effective period of a certain certification of employee representative issued by the National Labor Relations Board on June 25, 1953, in Cases Nos . 19-RC- 1187 and 19-RM-73, or any other certification of a labor organi- zation, other than Lumber and Sawmill Workers Union , Local No. 2781, chartered by the United Brotherhood of Carpenters and Joiners of America , A. F. of L., we will not engage in, or encourage the employees of Everett Plywood & Door Corporation to engage in, a concerted refusal in the course of their employment to use, manufacture, process, transport , or otherwise handle or work on any goods, articles , materials, or commodities , or to perform services where an object thereof is to force or require Everett Plywood & Door Corporation to recognize or bargain with us as the representa- tive of any employees of Everett Plywood&Door Corporation in the collective -bargaining unit of employees covered by such certification. LUMBER AND SAWMILL WORKERS UNION, LOCAL NO. 2781, chartered by the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, A.F. OF L., Labor Organization. Dated ................ By............................................................................................. (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. PHILADELPHIA LAGER BEER BREWERS' ASSOCIATION' and BREWERY BOTTLERS LOCAL UNION NO. 741, af- filiated with INTERNATIONAL BROTHERHOOD OF TEAM- STERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, Petitioner. Case No. 4-RC-2169. December 22, 1953 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Julius Topol, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby af- firmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act. 2. The labor organizations involved claim to represent employees of the Employer.' 'The Association is composed of C. Schmidt & Sons, Inc., Adam Scheidt Brewing Co., Henry F. Ortlieb Brewing Co., William Gretz Brewing Co., and Esslinger's Inc. 2 The International Union of the United Brewery, Flour, Cereal, Soft Dring and Distillery Workers of America, CIO, and its Locals 5 and 183 and the joint Local Executive Board of Philadelphia and Vicinity (herein called the Local Board) intervened on the basis of a current contract covering the employees sought by the Petitioner. Local 5 has jurisdiction over the Employer's brewing employees and Local 183 has jurisdiction over its bottling employees. The Local Board is comprised of representatives of the two locals and carries on negotiations on their behalf. 107 NLRB No. 138.