Eastern Western Lumber Company

In the Matter of EASTERN WESTERN LUMBER COMPANY and LUMBER AND SAWMILL WORKERS , LOCAL No. 3, INTERNATIONAL WOODWORKERS or AMERICA , AFFILIATED WITH THE C. I. O. Case No. C-1076.-Decided April 11, 1939 Lumber Industry-Settlement: stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. G. L. Patterson and Mr. Thomas P. Graham, Jr., for the Board. Mr. Philip Chipman and Mr. Charles E. McCulloch, of Portland, Oreg., for the respondent. Mr. Albert J. Hoban, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Lumber and Sawmill Workers, Local No. 3, International Woodworkers of America, affiliated with the C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Nineteenth Region (Seattle, Washington), issued its complaint dated November 26, 1938, against Eastern Western Lumber Company, Port- land, Oregon, herein called the respondent, alleging that the respond- ent had engaged in and was engaging in unfair labor practices af- fecting 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. Copies of the complaint and notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged, in substance, that the respondent by permitting its foremen and super- visory employees to discourage membership in the union and by various other acts, interfered with, restrained, and coerced its em- ployees in the exercise of the rights guaranteed in Section 7 of the Act. 12 N. L. R. B., No. 25. 184 EASTERN WESTERN LUMBER COMPANY 185 On November 29, 1938, the respondent and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provided as follows : This stipulation made and entered into by and between G. L. Patterson, Regional Attorney, and Thomas P. Graham, Jr., At- torney, National Labor Relations Board, Nineteenth Region, and Eastern Western Lumber Company by and through its at- torneys, Charles E. McCulloch, and Philip Chipman; WITNESSETH : WHEREAS, upon charges duly filed by Local No. 3, Interna- tional Woodworkers of America, affiliated with the Committee for Industrial Organization, the National Labor Relations Board, by the Regional Director for the Nineteenth Region, act- ing pursuant to authority granted in Section 10 (b) of the Na- tional Labor Relations Act, (49 Stat. 449), and its Rules and Regulations, Series 1, as amended, Article IV, Section 1, issued its complaint on the 26th day of November, 1938, against the respondent herein. Now THEREFORE, it is stipulated, admitted, and agreed as follows : I. That the respondent is a corporation organized under and ex- isting by virtue of the laws of the State of Oregon, having its principal place of business and office at Portland, Oregon. The respondent is engaged in the manufacture and sale of lumber and wood products. II. That the respondent in the course and conduct of the opera- tions of its plant at Portland, Oregon, causes and has continu- ously caused large quantities of the products which it manu- factures, to wit ; approximately eighty-five per cent thereof, to be sold, shipped, and transported to, into, and through States of the United States other than the State of Oregon. Eighty per cent of the total products sold by the respondent in States other than the State of Oregon arrive in those States without reloading from barge, railroad car, or truck. III. Ten per cent of the logs used by the respondent in its opera- tions at its Portland, Oregon plant are shipped from the State of Washington to the respondent's plant in Portland, Oregon. 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. Local No. 3, is a labor organization as defined in Section 2, subsection (5) of the Act. V. Upon the basis of this stipulation the respondent, while deny- ing that it has violated in the past, or is now violating any of the terms or provisions of the National Labor Relations Act, hereby expressly waives the right to a hearing, expressly waives the making of findings of fact and conclusions by the Board, and expressly consents that an order may be entered by the Board; and upon application by the Board, without notice to the respondent of the filing of a petition by the Board, which notice the respondent hereby expressly waives, the respondent further expressly consents that the Circuit Court of Appeals for the appropriate Circuit may enter a decree enforcing the order of the Board ordering that; (1) The respondent will cease and desist as follows : (a) From in any manner interfering with, restraining, or co- ercing its employes in the exercise of their rights to self-organi- zation, 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 as guaranteed in Section 7, of the National Labor Relations Act. (b) From discouraging membership in Local No. 3, or in any other labor organization of its employes, by discharging, threat- ening to discharge, or by refusing or threatening to refuse to hire any of its employes for joining or maintaining membership in Local No. 3, or any other labor organization of its employes. (c) From permitting its foremen, overseers, and other su- pervisory officials in any way to make representations in any respect reflecting or purporting to reflect the attitude of the em- ployer toward membership in any labor organization. (d) From discriminating in any manner against any of its employes in regard to hire or tenure of employment, or any terms or conditions of employment, for joining Local No. 3, or any other labor organization of its employes. (2) The respondent shall take the following affirmative action to effectuate the policies of the National Labor Relations Act. (a) Immediately post and keep visible in a conspicuous and prominent place in its Portland, Oregon plant, for a period of thirty days after receipt thereof, a copy of the order to be entered by the National Labor Relations Board and to be made herein. EASTERN WESTERN LUMBER COMPANY 187 This stipulation is subject to the approval of the National Labor Relations Board after submission to the Board in Wash- ington, D. C. On December 7, 1938, the Board issued its order approving the above stipulation making it part of the record in the case, and, acting pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, further ordered that the proceeding be transferred to and continued before the Board for the purpose of entry of a decision and order pursuant to the provi- sions of the stipulation. On the basis of the above stipulation and upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, an Oregon corporation having its principal office and place of business at Portland, Oregon, is engaged in the manu- facture and sale of lumber and wood products. Ten per cent of the logs used by the respondent in the operation of its Portland, Oregon, plant are shipped to it from the State of Washington. Approxi- mately 85 per cent of the products manufactured by the respondent at said plant are sold, shipped, and transported to, into, and through States of the United States other than the State of Oregon. Eighty per cent of the total products sold by the respondent in States other than the State of Oregon arrive in those States without reloading from barge, railroad, or truck. We find that the operations of the respondent at its Portland, Ore- gon, plant constitute a continuous flow of trade, traffic, and commerce among the several States.' H. THE UNION Lumber and Sawmill Workers, Local No. 3 , International Wood- workers of America, affiliated with the C. I. O., is a labor organiza- tion admitting to membership employees of the respondent at its Portland, Oregon, plant. ORDER On the basis of the above findings of fact and stipulation, and upon the entire record in the case, and pursuant to Section 10 (c) ' Matter of Jones Lumber Company, West Oregon Lumber Company, Clark & Wilson number Company, B. F. Johnson Lumber Company, Portland Lumber Mills, Inman-Poulsen Lumber Company, and Eastern & Weste,n hcmber Company and Columbia Rs er District Council of Lumber and Sawmill Workers' Union No. 5, etc, et at , 3 N. L R B 855 (Decided October 21, 1937 ) 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the National Labor Relations Act, the National Labor Relations Board hereby orders that Eastern Western Lumber Company, Port- land, Oregon, 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 Local No. 3, or in any other labor organization of its employees, by discharging, threatening to discharge, or by refusing or threatening to refuse to hire any of its employees for joining or maintaining membership in Local No. 3, or any other labor organization of its employees ; (c) From permitting its foremen, overseers, and other supervisory officials in any way to make representations in any respect reflecting or purporting to reflect the attitude of the employer toward member- ship in any labor organization; (d) From discriminating in any manner against any of its em- ployees in regard to hire or tenure of employment, or any terms or conditions of employment, for joining Local No. 3, or any other labor organization of its employees. 2. The respondent shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Immediately post and keep visible in a conspicuous and promi- nent place in its Portland, Oregon, plant, for a period of thirty (30) days after receipt thereof, a copy of this Order.