Portland Lumber MIlls Company

In the Matter of PORTLAND LUMBER MILLS COMPANY and LUMBER AND SAWMILL WORKERS LOCAL UNION, No. 3, INTERNATIONAL WOODWORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. C-1079.-Decided April 11, 193.9 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 Portland Lumber Mills Company, Port- land, Oregon, herein called the respondent, alleging that the respond- ent had engaged in and was engaging in unfair labor practices affect- ing 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. 28. 199 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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., Attorney, National Labor Relations Board, Nineteenth Region, and Portland Lumber Mills 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 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 26th day of November, 1938, against the re- spondent herein; Now THEREFORE, it is stipulated, admitted, and agreed as follows : 1. That the respondent is a corporation organized under and existing 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 75 per cent thereof, to be sold, shipped, and transported to, into, and through States of the United States, other than the State of Oregon. Seventy 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. III. Local No. 3, is a labor organization as defined in Section 2, subsection (5) of the Act. IV. Upon the basis of this stipulation the respondent , while deny- ing that it has violated in the past, or is now violating any of PORTLAND LUMBER MILLS COMPANY 201 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 coercing its employes in the exercise of their rights to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choos- ing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guar- anteed in Section 7, of the National Relations Act. (b) From discouraging membership in Local No. 3, or in any other labor organization of its employes, by discharging, threatening to discharge, or by refusing or threatening to re- fuse 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 super- visory officials in any way to make representations in any re- spect 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 ac- tion 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. This stipulation is subject to the approval of the National Labor Relations Board after submission to the Board in Washington, 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, act- 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing 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 provisions 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 1. THE BUSINESS OF THE RESPONDENT The respondent, an Oregon corporation having its principal of- fice and place of business at Portland, Oregon, is engaged in the manufacture and sale of lumber and wood products. Approxi- mately 75 per cent of the products manufactured by the respondent at its Portland, Oregon, plant are sold, shipped, and transported to, into, and through States of the United States other than the State of Oregon. Seventy per cent of the total products sold by the re- spondent 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, Oregon, plant constitute a continuous flow of trade, traffic, and com- merce among the several States.' II.. THE UNION Lumber and Sawmill Workers, Local No. 3, International Wood- workers of America, affiliated with the C. I. 0., 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) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Portland Lumber Mills 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 ' Matter of Jones Lumber Company, West Oregon Lumber Company, Clark d Wilson Lumber Company, B. F. Johnson Lumber Company, Portland Lumber Mills, Inman- Paulsen Lumber Company, and Eastern eC Western Lumber Company and Columbia River District Council of Lumber and Sawmill Workers' Union No 5, etc , et at, 3 N L R B 855. (Decided October 21, 1937.) PORTLAND LUMBER MILLS COMPANY 203 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 employees, by discharging, threaten- ing 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 super- visory officials in any way to make representations in any respect reflecting or purporting to reflect the attitude of the employer toward membership 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 prom- inent place in its Portland, Oregon, plant for a period of thirty (30) days after receipt thereof, a copy of this Order.