Independent Lumber Co.

In the Matter'of R. W. FERGUSON AND ROY RUTHERFORD, d. b. a. INDEPENDENT LUMBER COMPANY and FAIRBANKS MINE WORKERS' UNION, LOCAL No. 444, AND THE BROTHERHOOD OF ALASKA MINERS, A PARTY TO THE CONTRACT Case No. C-1634.-Decided August 12, 1940 Jurisdiction : lumber and lumber products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Order : entered on stipulation. Mr. Patrick H. Walker, for the Board. Mr. R. W. Ferguson, of Fairbanks, Alaska, for the respondents. Mr. W. A. Rasmussen, of Fairbanks, Alaska, for the Union. Mr. M. N. Arnold, of Fairbanks, Alaska, for the Brotherhood. Mr. Milton E. Harris, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Fairbanks Mine Workers' Union, Local No. 444, 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 June 10, 1940, against R. W. Ferguson and Roy Rutherford, doing business as Independent Lumber Company, Fairbanks, Alaska, herein called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The complaint, containing a notice of hearing, was duly served on the respondents, on the Union, and on The Brotherhood of Alaska Miners, herein called the Brotherhood. With respect to the unfair labor practices, the complaint alleged in substance that the respondents (1) dominated and interfered with the formation and administration of the Brotherhood, a labor organ- ization, and contributed support thereto; (2) on or about June 15, 1939, recognized the Brotherhood, and entered into a written labor 26 N. L. R. B., No. 48. 508 R. W. FERGUSO1T AMD ROY RUTHERFORD 509 agreement with the Brotherhood; and (3) otherwise interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. On June 20, 1940, the respondents, the Union, the Brotherhood, and an attorney for the Board entered into a stipulation, subject to the approval of the Board, in settlement of the case. This stipulation provided as follows: This stipulation made and entered into by and between R. W. Ferguson and Roy Rutherford (hereinafter called respondents) copartners doing business as Independent Lumber Company, by R. W. Ferguson, copartner, Fairbanks Mine Workers' Union, Local No. 444, by and through its representative, W. A. Ras- mussen, the Brotherhood of Alaska Miners, by and through its president, M. N. Arnold and Patrick H. Walker, attorney for the National Labor Relations Board, Nineteenth Region; WITNESSETH: WHEREAS, upon charges duly filed by Fairbanks Mine Workers' Union Local No. 444, chartered by the International Union of Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations, the National Labor Relations Board, by the Regional Director for the Nineteenth Region, acting pur- suant to authority granted in Section 10 (b) of the National Labor Relations Act, (49 Statute 449) and its rules and Regu- lations, Series 2, as amended, Article IV, Section 1, issued its complaint on the 10th day of June, 1940, against the respondents herein ; AND WHEREAS, respondents on the 20th day of June, 1940, filed their verified answer to the complaint of the National Labor Re- lations Board, denying each and every allegation of violations of the National Labor Relations Act; NOW THEREFORE, it is stipulated and agreed as follows; I That the respondents, R. W. Ferguson and Roy Rutherford, are engaged in the manufacture, sale and distribution of lumber and lumber products and the sale and distribution of prepared builders' supplies under the assumed business name of Inde- pendent Lumber Company at their principal place of business in Fairbanks, Territory of Alaska, where they, at all times mentioned have, and now do, operate a sawmill. II That in the operation of their Fairbanks, Alaska, sawmill, sub- stantial quantities of saw logs utilized by respondents;-from 510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD which finished products are obtained, are cut from standing timber located approximately 75 miles distant from the plant site. That said saw logs are transported from the situs of stand- ing timber to the plant by means of floating or rafting upon the waterways of the Chena, Little Chena, and Tanana, all being navigable bodies of water. That prepared builders' supplies sold, shipped, and distributed by respondents are procured from points located in the several States of the United States and thereafter transported by com- mon carrier vessels through and upon the International Waters of Puget Sound-Queen Charlotte Sound, and the Gulf of Alaska, all being part and parcel of the Pacific Ocean, to Seward, Alaska; from thence to respondents' Fairbanks, Alaska, plant by means of common carrier engaged in trade, traffic and commerce in the Territory of Alaska, to-wit; the Alaska Railroad. III That the respondents, in the course and conduct of the, opera- tion of their Fairbanks, Alaska, sawmill, cause and continuously have caused approximately 99%. of the raw materials used in the manufacture of their finished products, of the approximate annual value of $175,000.00, ' to be purchased and transported from and through trade, traffic and commerce in the Territory of Alaska. In addition thereto, respondents cause and continu- ously have caused to be purchased prepared builders' supplies of the approximate annual value of $30,000.00, all of which are purchased, shipped and transported to, into ' and through the several States of the United States and from and through trade, traffic and commerce in the Territory of Alaska. IV That the respondents in the course and conduct of the opera- tion of their sawmill at Fairbanks, Alaska, manufacture annu- ally lumber and lumber products of the approximate value of $175,000.00. Approximately 99% thereof, respondents cause and continuously have caused to be sold, shipped and transported from their Fairbanks, Alaska, plant, to, into and through trade, traffic and commerce in the Territory of Alaska. That the re- spondents in the course and conduct of the operation of their plant at Fairbanks, Alaska, cause and continuously have caused substantially 99% of the approximate annual value of $30,000.00 of all builders' supplies received by them, to be sold, shipped and transported from their Fairbanks, Alaska, operations to, into and through trade, traffic and commerce in the Territory of Alaska. I Bic. R. W. FERGUSON AND ROY RUTHERFORD 511 V„ That the respondents are engaged in commerce within the meaning of Section 2 (6) of the National Labor Relations Act. VI That Fairbanks Mine Workers' Union, Local No. -444, chartered by the International Union of Mine,, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations, and the Brotherhood of Alaska Miners, unaffiliated, are labor organi- zations within the meaning of Section 2 (5) of the National Labor Relations Act. VII That upon the basis of the record, which includes the pleadings and this stipulation, the respondents hereby expressly waive the right to a hearing and expressly waive the making of Findings of Fact and Conclusions of Law by the Board. VIII That upon the basis of the record herein, which includes the pleadings, verified denial by respondents of all charges above mentioned, and this stipulation, the respondents expressly con- sent that an order may be entered by the Board, if it approves this stipulation, which Order shall have the same force and effect as if made after hearing, Findings of Fact and Conclusions of Law, ordering that: R. W. Ferguson and Roy Rutherford, doing business under the name and style of Independent Lumber Company, individ- ually and collectively, and their supervisory employees and agents, shall 1. Cease and Desist from: (a) In any manner interfering with, restraining, or coercing their 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) In any manner dominating or, interfering with the admin- istration of the Brotherhood of,Alaska •Miners, or the formation or administration of any other 'labor, ,organization of their, em- ployees, and from contributing financial or other support to the Brotherhood of Alaska Miners or any other labor organization of their employees; 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Recognizing the Brotherhood of Alaska Miners as the representative of any of their employees for the purpose of dealing with respondents concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment; (d) Giving effect to any agreement respondents have or may have entered into with the Brotherhood of Alaska Miners in re- spect to grievances, rates of pay, wages, hours of employment or other conditions of employment; (e) Permitting their supervisory employees and agents to urge, persuade, or warn their employees for the purpose of in- fluencing or coercing them in their choice of labor organization; (2) Take the following affirmative action to effectuate the policies of the National Labor Relations Act; (a) Withdraw all recognition from the Brotherhood of Alaska Miners as the representative of any of their employees for the purpose of dealing with respondents concerning grievances, labor disputes, rates of pay, wages, hours of employment or other conditions of employment, and completely disestablish the Brotherhood of Alaska Miners as such representative; (b) Require their supervisory employees and agents to cease and desist from urging, persuading, or warning employees for the purpose of influencing or coercing them in their choice of ,labor organization; (c) Post immediately in conspicuous places in the plant of respondents at Fairbanks, Territory of Alaska, and maintain for a period of at least sixty consecutive days from the date of posting, notices to their employees stating: (1) that the re- spondents will not engage in the conduct from which they are ordered to cease and desist in paragraphs 1 (a) (b) (c) (d) (e) of this order; (2) that the respondents will take the affirmative action set forth in paragraphs'2 (a) (b) (c) (d) of this order; (d) Notify the Regional Director for the Nineteenth Region in writing within 10 days from date of this Order, what steps respondents have taken to comply therewith. IX It is further stipulated by and between the parties hereto that upon application by the Board, without notice to the re- spondents of the filing of a petition by the Board, which notice the respondents hereby expressly waive, the respondents further expressly consent that the Circuit Court of Appeals for the ap- propriate circuit may enter a Decree enforcing the said Order above set forth, R. W. FERGUSON AND ROY RUTHERFORD 513 X 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 . Sub-paragraphs a, e, and g of Paragraph V of said Complaint are hereby dismissed. XI It is further stipulated and agreed 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 at Washington, D. C. XII It is understood and agreed by and between the parties hereto that there are no oral agreements which alter, vary or add to this stipulation. On July 10, 1940 , the Board issued and duly served on the re- spondents, the Union, and the Brotherhood, an order approving the said stipulation , making it a part of the record in the case, and transferring the case to and continuing it before the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation. Upon the said stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS The respondents , R. W. Ferguson and Roy Rutherford , are engaged in the manufacture, sale, and distribution of lumber and lumber prod- ucts and the sale and distribution of prepared builders' supplies under the assumed business name of Independent Lumber Company, at their principal place of business located in Fairbanks , Territory of Alaska, where they operate a sawmill . In the operation of their sawmill , the respondents use substantial quantities of saw logs, which are transported to the sawmill by means of floating or rafting upon navigable waters. Approximately 99 percent of all the raw materials used by the respondents in the manufacture of their finished products are transported from and through trade, traffic , and commerce in the Territory of Alaska . The prepared builders' supplies sold and distributed by the respondents are procured from points located in the several States and are transported by common carrier on interna- tional bodies of water and through the Territory of Alaska. . Approx- imately 99 percent of the respondents' finished products , of the ap- 514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD proximate annual value of $175,000, and substantially 99 percent of the builders' supplies received by them, of the approximate annual value of $30,000, are sold, shipped, and transported through trade, traffic, and commerce in the Territory of Alaska. The respondents concede that they are engaged' in commerce, within the meaning of Section 2-(6) of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce within the Territory of Alaska and between it and the several States. ORDER Upon the basis of the foregoing 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 the respondents, R. W. Ferguson and Roy Ruther- ford, doing business under the name and style of Independent Lumber Company, individually and collectively, and their supervisory em- ployees and agents, shall: 1. Cease and desist from: (a) In any manner interfering with, restraining, or coercing their 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) In any manner dominating or interfering with the administration of The Brotherhood of Alaska Miners, or the formation or administra- tion of any other labor organization of their employees, and from contributing financial or other support to The Brotherhood of Alaska Miners or any other labor organization of their employees; (c) Recognizing The Brotherhood of Alaska Miners as the repre- sentative of any of their employees for the purpose of dealing with respondents concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; (d)' Giving effect to any agreement respondents have or may have entered into with The Brotherhood of Alaska Miners in respect to grievances, rates of pay, wages, hours of employment, or other employment; (e) Permitting their supervisory employees and agents to urge, persuade or warn their employees for the purpose of influencing or coercing them in their choice of labor organization; 2. Take the' following affirmative action to effectuate the policies of the National Labor Relations Act: R. W. FERGUSON AND ROY RUTHERFORD 515 (a) 'Withdraw all recognition from The Brotherhood of Alaska Miners as the representative of any of their employees for the purpose of dealing with respondents concerning grievances, labor disputes, rates of pay, wages, hours of employment, or other conditions of employment, and completely disestablish The Brotherhood of Alaska Miners as such representative; (b) Require their supervisory employees and agents to cease and desist from urging, persuading, or warning employees for the purpose of influencing or coercing them in their choice of labor organization; (c) Post immediately in conspicuous places in the plant of,respond- ents at Fairbanks, Territory of Alaska, and maintain for a period of at least sixty consecutive days from the date of posting, notices to their employees stating: (1) That the respondents will not engage in the conduct from which they are ordered to cease and desist in paragraphs 1 (a), (b), (c), (d), (e) of this order; (2) that the respondents will take the affirmative action set forth in paragraphs 2 (a), (b), (c), (d) of this order; (d) Notify the Regional Director for the Nineteenth Region in writing within 10 days from date of this Order, what steps respondents have taken to comply herewith.