The Ohio Match Company

In the Matter of THE OHIO MATCH COMPANY and LUMBER AND SAW- MILL WORKERS UNION LOCAL No. 100, INTERNATIONAL WOODWORKERS OF AMERICA Case No. C-1235.Decided May 4, 1939 Match Block Manufacturing Industry-Settlement : stipulation providing for compliance with the Act, including back pay-Order: entered on stipulation. Mr. William A. Babcock, Jr., for the Board. Mr. C. H. Potts, of Coeur d'Alene, Idaho, for the respondent. Mr. Ben Law, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the Lumber and Sawmill Workers Union, Local No. 100, of the International Wood- workers of America, 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 com- plaint dated February 27, 1939, against The Ohio Match Company, Spokane, Washington, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfaiP labor practices affecting commerce within the meaning of Section 8 (1) 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 and notice of hearing were duly served upon the respondent, the Union, and Lumber and Sawmill Workers Union, Local No. 2552, United Brotherhood of Carpenters and Joiners of America. Concerning the unfair labor practices, the complaint alleged in substance that the respondent had discharged one employee and had refused to give work to other employees for some time after the re- spondent reopened its Yardley, Washington, plant after a temporary shut-down, because these employees had joined and assisted the Union ; that the respondent had by statements and acts indicated a critical and hostile attitude toward the Union; and that the re- 12 N. L. R. B., No. 77. 684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD spondent by the afore-mentioned activities 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 March 8, 1938, the respondent filed its answer to the complaint in which it admitted the allegations concerning its corporate struc- ture and the nature of its business but denied the allegations of unfair labor practices and in addition set up certain affirmative defenses. Pursuant to notice, a hearing was held on March 20, 21, 22, and 23, 1939, at Spokane, Washington, before Henry W. Schmidt, the Trial Examiner duly designated by the Board. The respondent, the Union, and the Board participated in the hearing. The respondent and the Board were represented by counsel. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On March 23, 1939, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION It is hereby stipulated by and between The Ohio Match Com- pany, respondent herein, by C. H. Potts, its attorney, Lumber and Sawmill Workers Union, Local No. 100, International Wood- workers of America, by Jack Ruark, its president, and William A. Babcock, Jr., attorney for the National Labor Relations Board, that upon the basis of the entire record herein, including the pleadings and this stipulation, an order may be entered by the National Labor Relations Board providing as follows : 1. Respondent, The Ohio Match Company, shall: (a) Cease and desist from discouraging membership in Lum- ber and Sawmill Workers Union, Local No. 100, International Woodworkers of America, or any other labor organization of its employees, by discriminating in regard to hire or tenure of employment or any term or condition of employment or by threats of such discrimination. (b) Cease and desist from discouraging membership in Lum- ber and Sawmill Workers Union, Local No. 100, International Woodworkers of America, or any other labor organization of its employees, by failing or refusing to give members of said Local No. 100, or of any other labor organization of its em- ployees, the relative seniority ranking to which they are entitled. (c) Cease and desist from in any other 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 concerted activities, for THE OHIO MATCH COMPANY 685 the purpose of collective bargaining or other mutual aid or protection. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act. (a) Make whole the following named employees of said com- pany by the payment to them, upon receipt of the order of the said Board, the sums set opposite their names : Ray Beldin---------------------------------------- $215.82 Sam Perry----------------------------------------- $133 36 James Breen--------------------------------------- $185.87 Ted Walton ---------------------------------------- $22.77 Jack Ruark---------------------------------------- $313.08 (b) Pay over to the appropriate fiscal agent of the Federal, State, County, Municipal, or other government or governments which supplied funds for work relief projects upon which Sam Perry and James Breen performed work between May 16 and August 14, 1938, inclusive, the following amounts of earnings paid to said individuals for said work, to wit : the sum of $61.11 received by Sam Perry and the sum of $30.00 received by J. Breen. (c) Immediately after receipt of the order to be entered by the National Labor Relations Board post in conspicuous places in its match block factory and yard at Yardley, Washington, and keep visible for a period of sixty days, notices stating that respondent will cease and desist as above provided. (d) Notify the Regional Director of the Nineteenth Region of the National Labor Relations Board in writing within ten days after the service upon the respondent of the order of said Board of the manner in which respondent has complied therewith. It is further stipulated and agreed that Jack Ruark waives all claim to reinstatement to the employ of respondent. Respondent expressly consents that a decree enforcing the order of the said Board may be entered by the appropriate United States Circuit Court of Appeals without notice to re- spondent, which notice respondent expressly waives, and re- spondent expressly waives its right to contest any application of the said Board for the entry of said decree. This stipulation is subject to the approval of the National Labor Relations Board after its submission to the Board in Washington, D. C. On March 30, 1939, the Board issued its order approving the above stipulation, making it part of the record in the case, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board. 686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent is a Delaware corporation , having its principal business offices in the State of Washington at East Spokane , Wash- ington. The respondent owns and operates at Yardley , near the city of Spokane, Washington, a match-block factory in which it manu- factures wooden blocks for use in the making of matches . The raw material from which the match blocks are manufactured is lumber cut in Idaho and sawed to proper sizes in the respondents' sawmill in Hutter, Idaho. The finished match blocks are sent from the factory in Yardley to another plant of the respondent at Wadsworth, Ohio, where the process of converting them to matches is completed. In 1938, described by the respondent 's manager of western operations as a slow year, 2,578,000 board feet of lumber was shipped from Idaho to the Yardley, Washington, factory to be made into match blocks. All of the completed match blocks were shipped to Wadsworth, Ohio. The matches completed in Wadsworth are sold in all parts of the United States. The Yardley, Washington, factory produces all of the match blocks used by the respondent. We find that the above-described operations constitute a continuous 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 National Labor Relations Act, the National Labor Relations Board hereby orders: 1. Respondent, The Ohio Match Company, shall: (a) Cease and desist from discouraging membership in Lumber and Sawmill Workers Union, Local No. 100, International Wood- workers of America, or any other labor organization of its employees, by discriminating in regard to hire or tenure of employment or any term or condition of employment or by threats of such discrimina- tion ; (b) Cease and desist from discouraging membership in Lumber and Sawmill Workers Union , Local No. 100, International Wood- workers of America, or any other labor organization of its employees, by failing or refusing to give members of said Local No. 100, or of any other labor organization of its employees , the relative seniority ranking to which they are entitled; THE OHIO MATCH COMPANY 687 (c) Cease and desist from in any other 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 concerted activities, for the purposes of collective bargaining or other mutual aid or protection. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Make whole the following named employees of said company by the payment to them, upon receipt of the Order of the said Board, the sums set opposite their names: Ray Beldin--------------------------------------------- $215.82 Sam Perry--------------------------------------------- 133.36 James Breen------------------------------------------- 185.87 Ted Walton-------------------------------------------- 22.77 Jack Ruark-------------------------------------------- 313.08 (b) Pay over to the appropriate fiscal agent of the Federal, State, county, municipal, or other government or governments which sup- plied funds for work relief projects upon which Sam Perry and James Breen performed work between May 16 and August 14, 1938, inclusive, the following amounts of earnings paid to said individuals for said work, to wit : the sum of $61.11 received by Sam Perry and the sum of $30.00 received by James Breen; (c) Immediately after receipt of the Order to be entered by the National Labor Relations Board post in conspicuous places in its match-block factory and yard at Yardley, Washington, and keep visible for a period of sixty (60) days, notices stating that the re- spondent will cease and desist as above provided ; (d) Notify the Regional Director of the Nineteenth Region of the National Labor Relations Board in writing within ten (10) days after the service upon the respondent of the Order of said Board of the manner in which respondent has complied therewith.