Bradley Lumber Co. of Arkansas

In the Matter of BRADLEY LUMBER COMPANY OF ARKANSAS and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , LOCAL 2645, AFFILIATED WITH AMERICAN FEDERATION OF LABOR Case No. C-1202-Decided March, 9, 1939 Lumber and Lumber Products Manufacturing and Processing Industry-Set- tlement: stipulation providing for compliance with the Act, including disestab- lishment of labor organization as representative of employees and reinstatement of employees with back pay-Order: entered on stipulation-Complaint: dis- missed as to 44 persons. Mr. C. Paul Barker, for the Board. Mr. R. W. Fullerton, of Warren, Ark., for the respondent. Mr. Lee Temple, of Warren, Ark., for the Union. Mr. Ralp1 Winkler, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Brother- hood of Carpenters and Joiners of America, Local 2645, affiliated with American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Re- gional Director for the Fifteenth Region, New Orleans, Louisiana, issued its complaint dated February 16, 1939, against Bradley Lum- ber Company of Arkansas, Warren, Arkansas, herein called the re- spondent, 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. A copy of the complaint accompanied by notice of hearing was duly served upon the respondent and the Union. The complaint alleged in substance that the respondent promoted the formation of and has dominated, interfered with, and contributed financial and other support to a labor organization among its em- ployees, known as Bradley County Employees' Association; that it has attempted to discourage and has discouraged membership in the 11 N. L. R. B., No. 88. 1036 BRADLEY LUMBER COMPANY OF ARKANSAS ET AL. 1037 Union by warnings and threats that it would not recognize or bargain with the Union, and that membership in the Union would result in a cessation of operations by the respondent; that it discharged certain named employees and thereafter refused to reinstate them, and that it discriminated in other ways against other named employees, thereby discriminating in regard to hire and tenure of employment and dis- couraging membership in the Union; and that by the above and other acts the respondent interfered with, restrained, and coerced its em- ployees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter, on February 17, 1939, the respondent, the Union and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and between the Bradley Lumber Company of Arkansas at Warren, Arkansas, herein referred to as the respondent, and the United Brotherhood of Carpenters and Joiners of America, Local 2645, affiliated with the American Federation of Labor, herein called the Brother- hood, and C. Paul Barker, Attorney for the National Labor Rela- tions Board, herein called the Board, as follows : 1. The respondent admits the allegations of Paragraphs 1 to 7, inclusive, of the Complaint issued herein dated February 16, 1939; 2. The respondent admits the allegations of Paragraphs 8 and 12 of said Complaint issued herein; 3. The respondent acknowledges that it has been duly served, in accordance with the Rules and Regulations of the National Labor Relations Board, with a copy of the Charge, dated Jan- uary 7, 1939, Amended Charge, dated February 16, 1939, Com- plaint and Notice of Hearing in this matter and, by this stipu- lation, and for the express purposes hereof and the Order herein- after set forth and not otherwise, waives its right to file an answer or further pleadings in this matter, with respect to said Complaint, and waives said hearing already provided for and all further Notices or Hearings with respect to said Complaint, to which it may be entitled in this matter under the Rules and Reg- ulations of the National Labor Relations Board; 4. Said Charge, Amended Charge, Complaint and Notice of Hearing and this Stipulation shall be submitted to the Chief Trial Examiner of the National Labor Relations Board, and said Charge, Amended Charge, Complaint and Notice of Hearing and this Stipulation shall constitute the entire record in this case and shall dispense with said hearing already provided for on 1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Complaint issued; upon the filing of said papers with the Chief Trial Examiner, the record shall be considered closed and the Board may thereupon proceed to dispose of this matter upon the basis of such record in accordance with this Stipulation and not otherwise; 5. This Stipulation is made subject to the approval of the National Labor Relations Board and upon such approval, shall become binding on the parties hereto : All matters contained in the Charge, Amended Charge and Complaint shall be finally disposed of in accordance with the terms of this Stipulation. If not so approved, this Stipulation shall be without prejudice to any party. All waivers and admissions of all parties hereto are made only for the purposes of this Stipulation and proceeding; 6. The Brotherhood represents, warrants and agrees that this Stipulation has been duly executed on behalf of the Brotherhood by its officer or officers duly authorized therefor, that this Stipu- lation is and shall be binding upon the Brotherhood and its members in accordance with the terms hereof, and that full dis- closure to the respondent and the Board has been made by the Brotherhood and its members named in Appendices Al and B2 to the Order hereinafter set forth with respect to the losses suffered by such members by reason of their discharge or lay-off as alleged in the Complaint; 7. The Board may find that the United Brotherhood of Car- penters and Joiners of America, Local 2645, affiliated with the American Federation of Labor, and the Bradley County Em- ployees' Association are labor organizations within the meaning of Section 2, Subsection 5 of the National Labor Relations Act; 8. The Board may find that unfair labor practices of the respondent, occurring in connection with its business, have a close, intimate and substantial relation to the trade, traffic, and commerce among the several states of the United States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce; 9. The National Labor Relations Board shall issue an Order as follows : ORDER Upon the basis of the Stipulation and record and pursuant to Section 10 (c) of the National Labor Relations Act, the Na- tional Labor Relations Board hereby orders that the respondent, 1 Set forth in Appendix A of the Board's Order , enf, a. 2 Set forth in Appendix B of the Board's Order , infra. BRADLEY LUMBER COMPANY Or ARKANSAS ET AL. 1039 Bradley Lumber Company of Arkansas, Warren, Arkansas, and its officers, agents, and successors and assigns, shall: 1. Cease and desist : (a) From interfering with, restraining or coercing its em- ployees 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 concerted activities, for the purpose of collective bargaining or other mutual aid or protection; (b) From in any manner dominating or interfering with the formation or administration of the Bradley County Employees' Association, or any other labor organization of its employees, or from contributing financial or other support thereto ; 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to each of the employees listed in Appendix A im- mediate and full reinstatement to the positions in the employ of the respondent and the status enjoyed by such employees with the respondent at the dates set opposite the respective names of such employees in Appendix A, or offer to such employees sub- stantially equivalent or comparable positions and status, except as otherwise stated in Appendix A, without prejudice to any rights and privileges enjoyed by such employees at such dates; (b) Make whole each employee named in Appendix B for any loss he may have suffered by reason of his discharge or lay-off by payment to him a sum of money commensurate with what he would normally have earned as wages during the period from the date of his discharge or lay-off or other discrimination to the date of respondent's offer of reinstatement, less any amounts earned by him during said period, which sum is set forth in Appendix B opposite the name of each employee ; (c) Withdraw and continue to withhold all recognition from the Bradley County Employees' Association, as a representative of any of its employees for the purposes of collective bargaining with respondent in respect to rates of pay, wages, hours of em- ployment and other terms and conditions of employment, and completely disestablish said Bradley County Employees' Associa- tion as such representative; (d) Post immediately, and keep posted for a period of at least ninety days from the date of the posting, in conspicuous places throughout the respondent's plant at Warren, Arkansas, notices stating : (1) That the National Labor Relations Board has issued an Order directing the respondent to cease and desist as aforesaid, 1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and that such Order is binding upon the respondent as provided in the National Labor Relations Act; (2) That respondent has withdrawn and will continue to withhold all recognition from the Bradley County Employees' Association as a representative of any of its employees for the purpose of collective bargaining with the respondent in respect to rates of pay, wages, hours of employment and other terms and conditions of employment, and that the Bradley County Employees' Association is completely disestablished as such representative; (3) That respondent's employees are free to join the United Brotherhood of Carpenters and Joiners of America, Local 2645, affiliated with American Federation of Labor, or any labor organ- ization of their choice without interference or coercion by any superintendent, foreman, sub-foreman, block-leader, straw boss and other supervisory officials, as such, of the Bradley Lumber Company of Arkansas, and without being discriminated against in the hire and tenure of their employment by the respondent; (f) Notify the Regional Director within ten (10) days from the receipt of this Order in writing, setting forth in detail the steps that the company has taken to comply with the foregoing requirements. 3. And it is further ordered that the Complaint, insofar as it alleges that the respondent engaged in unfair labor practices in discharging, or refusing to reinstate, or in other wise discrim- inating against the persons named in Appendix C,° be and is hereby dismissed. On February 23, 1939, 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 by the Board. On February 17, 1939, the respondent and counsel for the Board entered into another stipulation which provides as follows: STIPULATION It is hereby stipulated by and between Bradley Lumber Com- pany of Arkansas, Warren, Arkansas, herein called the Respond- ent, and C. Paul Barker, Attorney for the Fifteenth Region of the National Labor Relations Board, herein called the Board, that the Respondent consents and agrees that if complaint shall be duly made to the Regional Director, that the Respondent is 8 Set forth in Appendix C of the Board's Order , infra. BRADLEY LUMBER COMPANY OF ARKANSAS ET AL . 1041 violating the Order of the Board, issued in compliance with the Stipulation in the above matter dated February 17, 1939, and if the Respondent shall be given due opportunity upon at least ten (10) days notice to present evidence and testimony on its own behalf to said Regional Director with respect to said com- plaint, and if the Regional Director shall thereafter duly find that the Respondent is violating said Order, the Board may, without notice to the Respondent, petition the Circuit Court of Appeals for the Eighth Circuit at St. Louis, Missouri, pursuant to Section 10, Subsection (e) of the National Labor Relations Act, approved July 5, 1935, to enforce the said Order of the Board issued in compliance with said Stipulation, and the Re- spondent hereby expressly consents that the Court shall, in such case, without notice to the Respondent, enter a decree order- ing, judging and decreeing that Bradley Lumber Company of Arkansas, Warren, Arkansas, shall : * * * 4 The Board hereby approves the above stipulation. Upon the entire record in the case, the Board makes the following: FINDINGS OF FAOT 1. THE BUSINESS OF THE RESPONDENT The respondent, an Arkansas corporation with its principal office and place of business in Warren, Arkansas, is engaged in the process- ing, manufacture, and sale of lumber and lumber products, including oak and pine flooring, furniture dimensions and furniture parts. The respondent presently employs more than 1,000 workers at its plant in Warren, Arkansas. In each of the years 1937 and 1938 the respondent purchased and used or caused to be transported in its business raw materials and supplies, including logs, timber, un- dressed and dressed lumber, and other supplies totaling in value be- tween $1,000,000 and $1,600,000, and measured in board feet from about 60,000,000 to 67,000,000. During the same period the respond- ent's finished products totaled in value between $2,000,000 and $3,200,000, and measured in board feet between 50,000,000 and 57,000,000. The respondent obtained more than 5 per cent of its lumber and other raw materials from outside the State of Arkansas in 1937 and 1938; and during the same period it shipped outside the State more than 90 per cent of its finished products. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. 4 The Stipulation then sets out the terms of the order as provided for in the prior stipulation. 1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE LABOR ORGANIZATIONS INVOLVED United Brotherhood of Carpenters and Joiners of America, Local 2645, affiliated with American Federation of Labor, is a labor or- ganization within the meaning of Section 2 (5) of the Act. Bradley County Employees' Association is a labor organization within the meaning of Section 2 (5) of the Act. ORDER Upon the basis of the above findings of fact, stipulations, 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 Bradley Lumber Company of Arkansas, Warren, Arkansas, and its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) 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; (b) In any manner dominating or interfering with the formation or administration of the Bradley County Employees' Association, or any other labor organization of its employees, or from contributing financial or other support thereto. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to each of the employees listed in Appendix A, attached hereto, immediate and full reinstatement to the positions in the employ of the respondent and the status enjoyed by such employees with the respondent at the dates set opposite the respective names of such employees in Appendix A, or offer to such employees sub- stantially equivalent or comparable positions and status, except as otherwise stated in Appendix A, without prejudice to any rights and privileges enjoyed by such employees at such dates ; (b) Make whole each employee named in Appendix B, attached hereto, for any loss he may have suffered by reason of his discharge or lay-off by payment to him of a sum of money commensurate with what he would normally have earned as wages during the period from the date of his discharge or lay-off or other discrimination to the date of respondent's offer of reinstatement, less any amounts earned by him during said period, which sum is set forth in Ap- pendix B opposite the name of each employee; (c) Withdraw and continue to withhold all recognition from the Bradley County Employees' Association, as a representative of any BRADLEY LUMBER COMPANY OF ARKANSAS ET AL. 1043 of its employees for the purposes of collective bargaining with re- spondent in respect to rates of pay, wages, hours of employment, and other terms and conditions of employment, and completely disestab- lish said Bradley County Employees' Association as such repre- sentative; (d) Post immediately, and keep posted for a period of at least ninety (90) days from the date of the posting, in conspicuous places throughout the respondent's plant at Warren, Arkansas, notices stating : (1) That the National Labor Relations Board has issued an Or- der directing the respondent to cease and desist as aforesaid, and that such Order is binding upon the respondent as provided in the National Labor Relations Act; (2) That respondent has withdrawn and will continue to withhold all recognition from the Bradley County Employees' Association as a representative of any of its employees for the purpose of collective bargaining with the respondent in respect to rates of pay, wages, hours of employment and other terms and conditions of employment, and that the Bradley County Employees' Association is completely disestablished as such representative; (3) That respondent's employees are free to join the United Broth- erhood of Carpenters and Joiners of America, Local 2645, affiliated with American Federation of Labor, or any labor organization of their choice without interference or coercion by any superintendent, foreman, subforeman, blockleader, strawboss and other supervisory officials, as such, of the Bradley Lumber Company of Arkansas, and without being discriminated against in the hire and tenure of their employment by the respondent; (e) Notify the Regional Director within ten (10) days from the receipt of this Order in writing, setting forth in detail the steps that the company has taken to comply with the foregoing requirements. AND IT IS FURTHER ORDERED that the complaint, in so far as it alleges that the respondent engaged in unfair labor practices in discharging, or refusing to reinstate, or in otherwise discriminating against the persons named in Appendix C, attached hereto, be, and hereby is, dismissed. 1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A Roland Hoyle____ ___________ 11/15/37 Dee Woodall______'_________ 11/15/37 Harry Dickens l_____________ John Jackson__________ _____ 10/18/37 Roy Morgan ---------------- 11/15/37 Artie Savage________________ 10/18/37 A. E. Bryant________________ 10/18/37 Vance Waits________________ 10/18/37 Earl Drake _________________ 10/18/37 Sam Smith ----------------- 10/1/37 Gilbert Weir________________ 10/1/37 Orlando Funderbergl_______ Robert Reynolds1___________ J. D. Rotten________________ 10/20/37 J. C. Burns_________________ 10/1/37 Herbert Creasey ------------ 10/20/37 J. U. Anderson'_____________ R. C Sanders_______________ 10/20/37 Bennie Brooch______________ 10/20/37 Herring Russell _____________ 10/18/37 Ernest Duval --------------- 10,/18/37 Clarence Doss --------------- Troy Goins_________________ 10/20/37 1 To be offered employment at common labor in any department of the plant where the respondent can place him 2 To be offered any employment paying rate of 35¢ per hour. APPENDIX B Roland Hoyle________________ $191.82 Orlando Funderberg_________ $291.08 Dee Woodall_________________ 66.78 Robert Reynolds ------------- 350.00 Harry Dickens_______________ 125.00 J D. Rotten __________________ 165.25 Daniel Dickens -------------- 125.00 J. C. Burns__________________ 405.82 John Jackson________________ 349.40 Otis Copeland --------------- 107.61 Roy Morgan ----------------- 300.39 Herbert Creasey______________ 304.92 Artie Savage_________________ 326.08 J. U. Anderson_______________ 77.84 A. E. Bryant_________________ 109.64 R. C. Sanders________________ 182.64 Vance Waits____ _____________ 39.29 Bennie Brooch _______________ 100. 00 Herman Jeffres -------------- 205.00 Herring Russell______________ 150.00 Earl Drake ------------------ 530.54 Clarence Doss________________ 75.00 Sam Smith ------------------ 96.72 Troy Goins ------------------ 340.64 Gilbert Weir_________________ 93.15 APPENDIX C Clift Brandon Rivo Trucks Percy Crutchfield Floyd C. Miller Rocket Jones R. M. Wilkerson Buster Gorman A. L. Ballard Floyd Forman Ed Ersey Richard Stuard Van Mann Arthur Shelton Jess Shine James Jackson Cecil J. Wolfe Albert C. Denson Dallas Marks Fred Mason Vernon Burks E. C. Baker, Jr. Troy St. John Herman Stuard Earl Langston Minor Mann Colrobus Strong Lewis Taylor Fred Wilkerson BRADLEY LUMBER Charlie Adkins Douglas Jenkins Herbert K. Lawrence Floyd Adcock Jimmy Baker George W. Neal Floyd Nutt J. C. Busse] COMPANY OF ARKANSAS ET AL. 1045 Hoyle Anderson Thomas Hickey Cecil Pearce R. T. Thomason Earl Temple Harry G. Hogue Erastus Anderson Albert Crandall 164275--39-vol. xt-67