Hammond Redwood Co.

In the Matter of HAMMOND REDWOOD COMPANY , A CORPORATION, and DUMBER AND SAWMILL WORKERS LOCAL No. 78, INTERNATIONAL WOODWORKERS OF AMERICA Case No. C-593.-Decided April 25, 194,0 Lumber Industry-Settlement: stipulation providing for compliance with Act, including reinstatement of seven named employees-Order • entered on stipulation Mr. Weldon P. Monson and Mr. John Paul Jennings, for the Board. Mr. H. C. Nelson and Mr. H. L. Ricks, of Eureka, Calif., and Heller, Furman, White cC McAuliffe, of San Francisco, Calif., by Mr. F. M. McAuliffe and Mr. Richard E. Guggenhime, for the respondent. Gladstein, Grossman cfi Margolis, of San Francisco, Calif., for the Union. Mr. Daniel J. Harrington, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Lumber and Sawmill Workers Local No. 78, International Woodworkers of America,, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twentieth Region (San Francisco, California) issued its complaint dated January 26, 1938, against Ham- mond Redwood Company, San Francisco, California, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (3') of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by notice of hearing, were duly served upon the re- spondent and upon the Union. In respect to the unfair labor practices, the complaint alleged in substance: (1) that on or about June 25, 1937, the respondent dis- charged and thereafter refused to reinstate seven named employees 23 N. L. It. B., No. 17 198 HAMMOND REDWOOD COMPANY 199 because they joined or assisted the Union and engaged in concerted activities for the purpose of collective bargaining and other mutual aid and protection; (2) that the respondent before and since June 25, 1937, urged, persuaded, and warned its employees to refrain from becoming or remaining members of the Union and its predecessor unions and in various other ways endeavored to prevent its employees from becoming or remaining members of the Union; (3) that the respondent at various times and particularly during June 1937 by sundry and divers acts of intimidation and coercion interfered with, restrained, and coerced its employees from joining or assisting the Union and its predecessor unions and from engaging in concerted activities for the purpose of collective bargaining and other mutual aid and protection; (4) that the respondent at all times since on or about May 15, 1935, continuously subscribed to, supported, main- tained, and actively enforced a blacklist, the purpose and effect of which was at all times to discourage and intimidate, employees in their attempts at self-organization by keeping out of employment in the redwood industry any employee belonging to or participating in the activities of a lawful labor organization, said blacklist having been and being intended by respondent to discourage and deter and having the effect of discouraging and deterring its employees from joining or assisting the labor organization of their choice and from engaging in collective bargaining and other mutual aid and protec- tion; and (5) that the respondent had maintained, supported, and given aid to and was maintaining, supporting, and giving aid to an association known as "The Humboldt Nationals," commonly known in and around the County of Humboldt, State of California, as the "Vigilante Committee," an association formed and maintained for the purpose of, and which engaged in acts, intimidating, threat- ening, spying upon, and in other ways interfering with and coercing the employees of the respondent and other employees in their right to join and assist lawful labor organizations and to engage in -concerted activities as such members. On February 5, 1938, the respondent filed a motion with the Regional Director to dismiss the proceeding for want of jurisdiction of the subject matter, and on the same day filed its answer denying generally the material allegations of the complaint. Pursuant to 7iotice a hearing was held in Eureka, California, from February 10 to February 17, 1938, inclusive, before the Trial Exam- iner duly designated by the Board. The Board and the respondent were represented by counsel and participated in the hearing. Evi- dence was adduced by the parties, and rulings were made by the 'Trial Examiner in connection with the conduct of the hearing. On February 24, 1938, an amended complaint to conform the complaint 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the proof adduced against the respondent, was issued by the Board and copies thereof were duly served on all parties. On April 27, 1938, the Trial Examiner filed his Intermediate Re- port, copies of which were duly served upon the parties, finding that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the Act, and recommending ihat the respondent cease and desist therefrom, including its main- tenance of a blacklist of former employees who went on strike, and, affirmatively, offer immediate and full reinstatement with restitution to six named employees, and post appropriate notices. On May 14, 1938, exceptions to the Intermediate Report and the record were filed by the respondent. Pursuant to notice a hearing, for the purpose of oral argument on the exceptions and record was held before the Board on November 1, 1938, in Washington, D. C. The respondent was represented by counsel and participated in the oral argument. On the same day the respondent submitted a brief. On February 21, 1939, the Board issued an amendment to the com- plaint, as amended, for the purpose of conforming certain allegations of the complaint, as amended, to the proof as adduced at the hearing, and on the same day issued an order amending the complaint, as amended, in the respects set forth in the amendment to the complaint, as amended, and granting leave to the respondent to make, amend, or file an answer thereto and to make application to reopen the. proceed- ings for the purpose of taking certain additional evidence. Copies of the amendment and of the order were duly served upon the respondent and upon the Union. On February 27, 1939, the Board issued an order extending the time within which the respondent was granted leave to make, amend, and file an answer, copies of which were duly served upon the respondent and upon the Union. On March 15, 1939, the respondent filed its answer to the amendment to the complaint, as amended, denying the allegations of the amend- ment to the complaint, as amended, raising certain objections to the issuance of the amendment to the complaint, as amended, and mak- ing application for vacation of the order and amendment to the com- plaint, as amended, of February 21, 1939, and for alternate action by the Board. On the same day the respondent filed its application to reopen the proceedings. On August 17, 1939, the Board issued an order, denying the application of the respondent to vacate, grant- ing the respondent's application to reopen the record herein, remand- ing the proceeding to the Regional Director for the purpose of con- ducting a further hearing, and authorizing said Regional Director to issue notice of such further hearing. Copies of the order were. duly served upon the respondent and upon the Union. HAMMOND REDWOOD COMPANY 201 On November 15, 1939, the Regional Director issued a notice of further hearing, copies of which were duly served upon the respond- ent and the Union. Pursuant to notice a further hearing was held in Eureka, California, on November 30, and December 1, 1939, before the Trial Examiner duly designated by the Board. Upon motion of the respondent, the Trial Examiner dismissed the amendment to the complaint, as amended, without prejudice and without any evi- dence being adduced thereon. A second amended charge having been filed on November 29, 1939, by the Union and it appearing that the allegations of the complaint issued on January 26, 1938, and thereafter amended, did not conform in certain respects with the evidence offered and received at the hearing held from February 10 to February 17, 1938, inclusive, the Board, on December 16, 1939, pursuant to the second amended charge and to conform the allegations to the proof as adduced at said hearing, issued a second amendment to the amended complaint, and on the same day issued an order sustaining the above ruling of the Trial Examiner at the further hearing, granting a motion pre- viously made by the respondent at said hearing that the said amend- ment to the complaint, as amended, be stricken from the record, ordering that the amended complaint be amended in the respect set forth in the second amendment to the amended complaint, and grant- ing leave to the respondent to make, amend, and file with the Board an answer to the second amendment to the amended complaint or to file other appropriate pleadings, or, in lieu thereof, to make appli- cation to the Board that its answer to the amendment to the com- plaint, as amended, stand as its pleading to the second amendment to the amended complaint. Copies of the order and amendment were duly served upon the respondent and upon the Union. On January 2, 1940, the respondent filed its answer to the second amendment to the amended complaint, denying the allegations of said amendment, setting forth a number of affirmative defenses to such allegations, and requesting that the Board's order of December 16, 1939, amend- ing the amended complaint, be vacated and the allegations of the second amendment to amended complaint be dismissed. On the same day the respondent filed a motion to reopen the proceedings for fur- ther hearing. On January 30, 1940, the Board issued its order, denying the application of the respondent made in its answer to the second amendment to the amended complaint that the said order of December 16, 1939, be vacated, ordering that the record be reopened for the purpose of taking further evidence, remanding the proceed- ing to the Regional Director for the purpose of conducting such further hearing, and authorizing said Regional Director to issue notice of such further hearing. Copies of such order were duly served upon the respondent and upon the Union. 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On February 3, 1940, the respondent lodged with the Board a motion to dismiss the complaint and all proceedings attendant thereon. On February 29, 1940, the Board issued an order, copies of which were duly served upon the respondent and upon the Union, admitting this motion to dismiss to the record herein and granting leave to the re- spondent to present argument on said motion to the Board at a hearing for the purpose of oral argument at a date to be fixed by the Board. On March 25, 1940, the respondent, the Union, and counsel for the Board entered into the following stipulation and agreement in settlement of the case, subject to approval by the Board: IT IS HEREBY STIPULATED AND AGREED by and between Hammond Redwood Company, a corporation; Lumber and Sawmill Work- ers, Local No. 78, International Woodworkers of America; and John Paul Jennings, Attorney, National Labor Relations Board, as follows : I Respondent is and has been since February 24, 1931, a corpora- tion organized under the laws of the State of Delaware, author- ized to do and doing business in the State of California. It has its principal office and place of business in San Francisco; California, and operates mills in the township of Samoa and in the City of Eureka, Humboldt County, California, and elsewhere, where it is engaged in the production, sale and distribution of redwood lumber and other lumber products. During 1937, 48.2% of respondent's total output, measured in board feet, was sold by respondent and thereafter transported beyond the boundaries of the State of California to States and Territories of the United States other than the State of Califor- nia and to foreign countries. The total amount of respondent's output thus transported outside of California during 1937 amounted to 55,520,602 feet, board measure, for which respond- ent received the total sum of $2,821,925.54. The proportion and amount in board feet and dollar volume of the respondent's out- of-state sales during 1938, 1939 and at the present time is sub- stantially the same as for 1937. Respondent agrees that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act. II Lumber and Sawmill Workers, Local No. 78, International Woodworkers of America, is a labor organization within the meaning of Section 2 (5) of, the National: Labor Relations Act. HAMMOND REDWOOD COMPANY III 203 Upon the basis of-all the records and papers in the above entitled proceeding, including this stipulation, IT IS HEREBY AGREED that, if and when this stipulation is approved by the National Labor Relations Board, an order may forthwith be entered by said Board providing as follows : (1) Respondent Hammond Redwood Company shall not : (a) Discourage membership in any labor organization of its employees by discrimination in regard to hire or tenure of employment or any term or condition of employment: (b) Interfere with, restrain or coerce its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively, through represent- atives of their own choosing, and to engage in concerted activi- ties for the purpose of collective bargaining or other mutual aid or protection; (c) Discriminate in hiring against former employees because of their activities in striking or any other union activity. (2) Respondent Hammond Redwood Company shall take the following affirmative action : (a) Offer Edward Gowan, Frank Berg, John D. Koger,-Ber- nard Gallagher, Henry Maust and John Morris immediate em- ployment as section men, at the rate of pay now being paid by respondent for such employment, namely 500 per hour; (b) Offer Andrew Anderson immediate reinstatement to his former position as lumber handler, at the rate of pay now being paid by respondent for such employment, namely, 52¢ per hour ; (c) Post immediately in conspicuous places in its mills and logging camps in Humboldt County, California, and maintain for a period of at least sixty (60) days, notices in the form of exhibit "A" attached hereto ; (d) Notify the Regional Director for the Twentieth Region of the National Labor Relations Board'within ten (10) days of the service of this order by detailed report, in writing, of the manner and form in which respondent has complied with said order. IV This stipulation is entered into by and between the parties hereto in order to effect a settlement of existing litigation, but without admission of culpability on the part of the respondent. V IT IS FURTHER STIPULATED AND.. AGREED that after, the entry of the order by the National Labor Relations Board, 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as provided in this stipulation, there may be entered in the United States Circuit Court of Appeals -for the Ninth Circuit, a decree by said Court enforcing in full the said order of the National Labor Relations Board, and each of the parties hereto hereby consents to the entry of such decree and hereby waives prior notice thereof. VI It is expressly understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board. VII The terms of this stipulation contain and set forth the entire agreement by and between the parties hereto, and there is no verbal agreement of any kind which varies, alters or adds to this stipulation. EXHIBIT A NOTICE To the Employees of Hammond Redwood Company: 1. The National Labor Relations Act guarantees to the em- ployees of this company 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 con- certed activities, for the purpose of collective bargaining or other mutual aid or protection. 2. This company will not interfere with, restrain or coerce 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. 3. This company will not discourage membership in any labor organization, whether or not affiliated with the Committee for Industrial Organization 1 or the American Federation of Labor, by discrimination in regard to hire or tenure of employment or any term or condition of employment. 1 Now known as Congress of Industrial Organizations . We construe the stipulation and agreement as relating to this labor organization under its present name HAMMOND REDWOOD COMPANY 205 4. This company will not discriminate in hiring against former employees because of their activities in striking or any other union activity. Dated: --------------------, 1940. HA31MOND REDWOOD COMPANY, By On April 13, 1940, the Board issued its order approving the above stipulation and agreement and making it a part of the record in the case. Upon the above stipulation and agreement and upon 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 with its principal office and place of business in San Francisco, California. It operates mills in the Township of Samoa and in the City of Eureka, Hum- boldt County, California, and elsewhere, where it is engaged in the production, sale, and distribution of redwood lumber and other lumber products. During 1937, 48.2 per cent of the respondent's total output, measured in board feet, was sold by the respondent and thereafter transported from within California to points outside California, including States and Territories of the United States and foreign countries. The total amount of the respondent's output transported outside the State of California during 1937 amounted to 55,520,602 feet, board measure, for which the respondent received the total sum of $2,821,925. The proportion and amount in board feet and dollar volume of the respondent's out-of-state sales during 1938,-1939, and at the present time, were and are substantially the same as for 1937. The respondent admits that it is engaged in interstate commerce, within the meaning of the Act. We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States, and between the States and Territories of the United States and foreign countries. II. THE ORGANIZATION INVOLVED Lumber and Sawmill Workers, Local No. 78 .International Wood- workers of America, is a, labor organization within the meaning of Section 2 (5) of the Act. 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the above findings of fact, stipulation and agree- ment, and upon the entire record in the case, and pursuant to Sec- tion 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby_orders : 1. That the respondent, Hammond Redwood Company, San Fran- cisco, California, a corporation, its officers, agents, successors, and assigns, shall not : (a) Discourage membership in any labor organization of its employees by discrimination in regard to hire or tenure of employ- ment or any term or condition of employment; (b) Interfere with, restrain, or coerce 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; (c) Discriminate in hiring against former employees because of their activities in striking or any other union activity. 2. That the said respondent, its officers, agents, successors, and assigns shall take the following affirmative action : (a) Offer Edward Gowan, Frank Berg, John D. Koger, Bernard Gallagher, Henry Maust, and John Morris immediate employment as section men, at the rate of pay now being paid by the respondent for such employment, namely 500 per hour; (b) Offer Andrew Anderson immediate reinstatement to his former position as lumber handler, at the rate of pay now being paid by the respondent for such employment, namely 520 per hour; (c) Post immediately in conspicuous places in its mills and logging camps in Humboldt County, California, and maintain for a period of at least sixty (60) days, notices in the form set out in Appendix A; (d) Notify the Regional Director for the Twentieth Region within ten (10) days of the service of this Order by detailed report, in writing, of the manner and form in which respondent has complied with said Order. APPENDIX A NOTICE To the Employees of Hammond Redwood Company: 1. The National Labor Relations Act guarantees to the employees of this Company the right to self-organization, to form, join or assist labor organizations, to bargain collectively through represents- HAMMOND REDWOOD COMPANY 207 tives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or pro- tection: 2. This Company will not interfere with, restrain or coerce 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. 3. This Company will not discourage membership in any labor organization, whether or not affiliated with the Congress of Industrial Organizations or the American Federation of Labor, by discrimina- tion in regard to hire or tenure of employment or any term or condi- tion of employment. 4. This Company will not discriminate in hiring against former employees because of their activities in striking or any other union activity. Dated:__________________, 1940. HAMMOND REDWOOD COMPANY, By MR. WILLIAM M. LEIS soN took no part in the consideration of the above Decision and Order.