Milton Box Co.

In the Matter of MILTON Box COMPANY and LUMBER AND SAWMILL WORKERS UNION, LOCAL No. 2644, CHARTERED BY THE UNITED BROTH- ERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-1461.-Decided January 29, 1940 Lumber, Wooden Box, and Lumber Byproducts Manufacturing Industry- Settlement : stipulation providing for compliance with the Act, including back pay to two employees-Order: entered on stipulation. Mr. Patrick H. Walker, for the Board. Mr. Henry M. Kaye, of Milton, Oreg., and Mr. Cameron Sherwood, of Walla Walla, Wash., for the respondent. Mr. C. A. Paddock, of Eugene, Oreg., for the Union. Mr. J. H. Krug, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge duly filed by Lumber and Sawmill Workers Union, Local No. 2644, chartered by the United Brotherhood of Carpenters and Joiners of America , affiliated with the American Federation of Labor,' herein called the Union , the National Labor Relations Board, herein called the Board, by its Regional Director for the Nineteenth Region ( Seattle, Washington), issued its complaint dated September 29, 1939, against Milton Box Company , Milton, Ore- gon, herein called the respondent , alleging that the respondent had engaged in and was engaging in unfair labor practices 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. Copies of the complaint , accompanied by a notice of hearing, were duly served upon the respondent and upon the Union. On October 23, 1939, the Board, by the said Regional Director , issued an order amending ' This is the name of the labor organization as it appears in the complaint and in the stipulation. In the amended charge it appears as follows : "Lumber and Sawmill Workers Union , Local No. 2644, Chartered By United Brotherhood Of Carpenters And Joiners Of America, Affiliated With The A . F. Of L." 19 N. L. R. B., No. 104. 1036 IISLTON BOX COMPANY 1037 the complaint, copies of which were duly served upon the respondent and upon the Union. Concerning the unfair labor practices, the complaint, as amended, alleged in substance: (1) that the respondent discriminatorily dis- charged and refused to reinstate four individuals 2 because they had joined and assisted the Union; (2) that by the foregoing acts, and by causing statements to be made to its employees indicating opposition to its employees being members of a labor organization, by stating that employees who did not have membership in a labor organization would be given preference in employment, by instituting and main- taining surveillance of the conduct of its employees to determine the union or non-union affiliation of its employees, and by other acts, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On or about October 10, 1939, the respondent filed an answer to the complaint, in which it challenged the jurisdiction of the Board and denied that it had engaged in the alleged unfair labor practices. The respondent also filed a demurrer and motion to quash the complaint on the ground that the Board had no jurisdiction over the respondent and that, for various reasons, the complaint was defective and invalid.3 Thereafter, the respondent, the Union, and the Board entered into a stipulation, dated December 30, 1939, in settlement of the case, sub- ject to the approval of the Board. This stipulation provides as follows : This Stipulation made and entered into by and between the Milton Box Company, an Oregon corporation, by and through its attorneys Henry M. Kaye, and Cameron Sherwood; Lumber and Sawmill Workers Union, Local No. 2644, chartered by the United Brotherhood of Carpenters and Joiners of America, affil- iated with the American Federation of Labor, by and through its representative, and Patrick H. Walker, attorney for the Na- tional Labor Relations Board, Nineteenth Region : WITNESSETH : WHEREAS upon charges duly filed by the Lumber and Sawmill Workers Union, Local No. 2644, chartered by the United Brother- hood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, the National Labor Relations Board, by the Regional Director for the Nineteenth Region, acting 2 According to the allegations in the complaint , as amended, the names of these em- ployees and the dates upon which they were discharged are as follows : Howard Grogan and Juanita Jones, on or about June 30, 1939 ; Stanley Obert, on or about June 18, 1939 ; and Bryan Kibbey, on or about August 29, 1939. 8 In the stipulation later entered into by the parties, see infra, it is provided that the respondent's answer to the complaint shall be construed to be its answer to the com- plaint, as amended, and that the demurrer and motion to quash be withdrawn. 1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, (49 Statute 449), and its Rules and Regula- tions, Series 2, Article IV, Section 1, issued its complaint on the 29th day of September, 1939, against the respondent herein; Now THEREFORE, it is stipulated, admitted and agreed as follows : I That the respondent is a corporation duly organized and exist- ing by virtue of the laws of the State of Oregon, having its prin- cipal place of business and office at Milton, Oregon. The respond- ent is engaged in the manufacture, sale, and distribution of lum- ber, box shook, wooden boxes, and lumber by-products. II The respondent in the course and conduct of the operation of its plant at Milton, Oregon, manufactures annually lumber, box shook, wooden boxes, and lumber by-products of the approximate value of $483,395.55. The respondent in the course and conduct of the operation of its plant at Milton, Oregon, causes, and has continuously caused, substantial quantities of the products which it manufactures, to-wit: 60 to 70% of the approximate value of $299,196.75 to be sold, shipped, and transported to, into, and through States of the United States other than the State of Oregon. III The respondent in the course and conduct of its business causes to be purchased annually raw products of the approximate value of $156,997.94. Of the total products purchased by the respond- ent approximately 1% of the annual valuation of $1,569.98 are purchased , shipped, and transported from and through States of the United States, other than the State of Oregon. IV Local No. 2644, chartered by the United Brotherhood of Car- penters and Joiners of America, affiliated with the American Federation of Labor, is a labor organization as defined in Section 2, subsection 5 of the National Labor Relations Act. V That to Juanita Jones, Howard Grogan, and Stanley Obert, respondent offered full and complete reinstatement to their former positions without loss of seniority or other rights and privileges, which said offer was declined by each of them. MILTON BOX COMPANY VI 1039 Upon the basis of the record, which includes the pleadings and this stipulation, the respondent hereby expressly waives the right to a hearing and expressly waives the making of Findings of Fact and Conclusions of Law by the Board. VII Upon the basis of the record herein, which includes the plead- ings and this stipulation, the respondent expressly consents that an order may be entered by the Board, if it approves this stipula- tion, which order shall have the same force and effect as if made after hearing, findings of fact, and conclusions of law, ordering that Milton Box Company, its officers, agents, successors and assigns, shall 1. Cease and desist from (a) In any manner interfering with, restraining, or coercing its employees in the exercise of the 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, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in Local 2644, chartered by the United Brotherhood of Carpenters and Joiners, affiliated with the American Federation of Labor, or in any other labor organization of its employees, by demoting, discharging or threatening to dis- charge, or refusing to reinstate any of its employees for joining or assisting said Local 2644, or any other labor organization of its employees ; (c) Permitting its foremen or other supervisory employees to urge, persuade, or warn its employees for the purpose of in- fluencing or coercing them in their choice of a labor organization; (d) Discouraging membership in said Local 2644, or any other labor organization of its employees by discrimination in regard to hire or tenure of employment or any term or condition pf employment. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Pay to the employees hereinafter named in settlement for any loss of pay they have suffered by reason of their discharge the sums hereinafter respectively set out after their names: Juanita Jones-------------------------------------- $153.33 Bryan Kibbey-------------------------------------- 100.00 1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Require its foremen or other supervisory employees to cease and desist from urging, persuading or warning its employees for the purpose of influencing or coercing them in their choice of a labor organization; (c) Post and keep visible in conspicuous and prominent places in the plants of the respondent at Pendleton and Milton, Oregon, copy of this Order for a period of 60 days after receipt of a copy of the same from the National Labor Relations Board; and (d) Notify the Regional Director for the Nineteenth Region in writing within 10 days from date of this Order, what steps re- spondent has taken to comply therewith. VIII It is further stipulated by and between the parties hereto that upon application by the Board, without notice to the respondent of the filing of a petition by the Board, which notice the respond- ent hereby expressly waives, the respondent further expressly consents that the Circuit Court of Appeals for the appropriate circuit may enter a decree enforcing the said Order above set forth. IX It is further stipulated by and between the parties hereto that this stipulation and the pleadings herein shall be filed with the Chief Trial Examiner for the Board. X It is further understood and agreed by and between the parties hereto that there are no oral agreements which vary, alter, or add to this stipulation. XI It is further understood and agreed by and between the parties hereto that this stipulation shall for all purposes be considered a substitute for and replacement of that certain stipulation entered . into by and between the parties hereto and dated October 27, 1095 and said former stipulation shall have no further force or effect and shall not be given further consideration herein. XII It is further stipulated by and between the parties hereto that this stipulation is subject to the approval of the National Labor Relations Board after submission to the Board in Washington. MILTON BOX COMPANY 1041 D. C., and shall have no force or effect whatsoever unless and until the-same is approved by the Board. XIII It is further stipulated that the respondent's answer to the com- plaint herein shall be construed to be its answer to the complaint as amended. It is further stipulated by and between the parties hereto that the respondent's demurrer and motion to quash be, and the same hereby is withdrawn. On January 12, 1940, the Board. issued an order approving the above stipulation, making it a part of the record in the case, and transferring the proceeding to the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT .The respondent, Milton Box Company, an Oregon corporation with its principal office and place of business at Milton, Oregon, is engaged in the manufacture and sale of lumber, box shook, wooden boxes, and lumber byproducts. The respondent annually uses raw materials amounting to approximately $156,997.94 in value, of which approxi- mately 1 per cent is purchased in and shipped from States other than Oregon. At its Milton plant, .the respondent annually manufactures products amounting to approximately $483,395.55, of which 60 to 70 per cent, amounting to approximately $299,196.75, is shipped to States other than Oregon. We find that the unfair labor practices set forth in the complaint, as amended, occurring in connection with the operations of the re- spondent described in the preceding paragraph herein, have a close, intimate, and substantial relation to trade, traffic, and commerce among. the. several. States, and tend-to lead, to labor disputes burden- ing and obstructing commerce and the free flow commerce. II. THE ORGANIZATION INVOLVED Lumber and Sawmill Workers Union, Local No. 2644, chartered by the United Brotherhood of Carpenters and Joiners of America, affili- ated- with the American Federation of Labor, is a labor organization, within the meaning of Section 2 (5) of the Act. 1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the above -findings of fact, the 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 that Milton Box Company, Milton, Oregon, its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of the 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 ac- tivities for the purpose of collective bargaining, or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act;. (b) Discouraging membership in Lumber and Sawmill Workers Union, Local No. 2644, chartered by the United Brotherhood of Car- penters and Joiners of America, affiliated with the American Feder- ation of Labor, or in any other labor organization of its employees, by demoting, discharging or threatening to discharge, or refusing to reinstate any of its employees for joining or assisting said Lumber and Sawmill Workers Union, Local No. 2644, or any other labor organization of its employees; (c) Permitting its foremen or other supervisory employees to urge, persuade, or warn its employees for the purpose of influencing or coercing them in their choice of a labor organization;. (d) Discouraging membership in said Lumber and Sawmill Workers Union, Local No. 2644, or any other labor organization of its employees by discrimination in regard to hire or tenure of em- ployment or any term or condition of employment. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Pay to the employees hereinafter named in settlement for any loss of pay they have suffered by reason of their discharge the sums hereinafter respectively set out after their names : Juanita Jones----------------- -------------------------- $153.33 Bryan Kibbey------------------------------------------- 100.00 (b) Require its foremen. or other supervisory . employees to cease and desist from urging, persuading, or warning its employees for the purpose of influencing or coercing them in their choice of a labor organization;-. . (c), Post and keep visible in conspicuous and prominent places in the plants of the -said Milton Box Company at Pendleton and MILTON BOX COMPANY 1043 Milton, Oregon, copy of this Order for a period of sixty (60) days after receipt of a copy of the same from the National Labor Relations Board; and (d) Notify the Regional Director for the Nineteenth Region in writing within ten (10) days from date of this Order, what steps the said Milton Box Company has taken to comply therewith.