V. M. Dotson

In the Matter of V. M. DOTSON and INTERNATIONAL WVOODWORKERS OF AMERICA, LOCAL 6-83 Case No. C-1682.-Decided October 5, 19/.0 Jurisdiction : lumber industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. John,Paul Jennings, for the Board. Mr. Hardin Barry, of Susanville, Calif., for the respondent. Mr. Howard Dyer, for the Union. Miss Marcia Hertzrmark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE .CASE Upon charges and amended charges duly filed by International Woodworkers of America, Local 6-83, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twentieth Region (San Francisco, Cali- fornia), issued its complaint, dated September 11, 1940, against V. M. Dotson, Susanville, 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) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hearing were duly served upon the respondent and the Union. ' , Concerning the unfair labor practices, the complaint alleged, in sub- stance, (1) that the respondent, in February 1940, discharged Howard Dyer and on or about March 19, 1940, and thereafter refused to rein- state or employ him because of his membership in and activity on behalf of the Union; and (2) that the respondent, during October, November, and December 1939, urged, persuaded, and warned his employees to refrain from becoming or remaining members of the Union and threatened to stop organization of his employees by the 27 N L R. B., No 123. 653 654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union. On September 19, 1940, the respondent filed an answer deny- ing the commission -of the unfair labor practices alleged in the complaint. On September 18, 1940, the respondent, the Union, and counsel for the Board entered'into a stipulation in settlement of the case. The stipulation provides as follows STIPULATION It is hereby stipulated and agreed by and between.V. M. Dotson, hereinafter referred to as -Respondent, International Woodwork- ers of America, Local No. 6-83 hereinafter referred 'to as the Union, and John Paul Jennings, attorney for the National Labor Relations Board, as follows : Respondent is an` individual and has been since -September 1939 engaged in the business of falling, bucking, loading, and hauling timber. Respondent cuts, falls and bucks logs on United States Government land approximately 18 miles from Susanville, Cali- fornia, where Respondent maintains his principal office and hauls logs to the millpond of the Lassen Lumber and Box Company, a California corporation, at S_usanville, under and pursuant to the terms of a contract, a copy of which is hereto annexed marked Exhibit A.1 The logs are taken from the millpond of said com- pany to its lumber mill adjoining the millpond where they are used in the manufacture of lumber and lumber products. Under said contract Respondent falls, bucks and delivers to the com- pany approximately one-third of all logs used by it at the present time and since making of said contract. Respondent, between October. 1 to November 15, 1939, .cut and delivered to the company approximately 5,600,000 feet of lumber for which the received from the company $38,700. under` said con- tract. Respondent, during the year 1940 to date, has cut and delivered to the company at Susanville approximately four and one-half million feet of lumber for which he has received under said contract the sum of approximately $31,500.00. During the year 1939, the company received a total of 19 mil- lion feet of lumber including that cut and delivered to it by respondent, amounting to 5,600,000 feet. The total sales value of lumber sold and shipped by the company during the year 1939 was approximately $220,000. of which over $143,000 worth or over 65 per cent of the total lumber and lumber products.manu- 3 we do not deem it necessary to include this exhibit herein. V. M. DOTSON 655 factured by the company, was shipped by the company outside the State of California. During the-year 1940, the footage of lumber received by the company, the total sales value of lumber shipped by the company and the amount and percentage shipped outside the State of California has been substantially the same as that for the year 1939 as stated hereinabove. Respondent employs in the loading and hauling of timber the following machinery : seven trucks, one caterpillar tractor, and one A frame loading rig. All of said machinery purchased by Respondent at a total cost of approximately' $10,000.00 was man- ufactured outside the State of California and purchased by Re- spondent second-hand within the State of California. For the purpose of above-entitled proceeding and not otherwise, Respondent admits that his operations affect interstate commerce within the meaning pf Section 2 (6) and (7) of the National Labor Relations Act. II International Woodworkers of America, Local No. 6-83, affili- ated with the Congress of Industrial Organizations, is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. III All the parties hereto waive their right to a hearing, to the making of findings of fact and conclusions of law by the National Labor Relations Board herein, and to any other or further pro- cedure before said Board, and agree that the charges, complaint and notice of hearing, affidavit of service of said complaint and notice of hearing, the answer of respondent, the National Labor Relations Board Rules and Regulations-Series 2, as amended, and this 'stipulation, shall constitute the entire' record in this case and shall dispense with the necessity for the, hearing- provided for in the said complaint and notice of hearing. IV ,Upon the record herein and upon this stipulation, if and when approved by the National Labor Relations Board, an order may be forthwith entered by said Board as follows : (1) Respondent, V. M. Dotson, his officers, agents, successors and assigns, shall cease and desist from : (a) In any manner interfering with, restraining or coercing his' employees in the exercise of their right to form, join or assist labor organizations, to bargain collectively through representa- tives of their own choosing and to engage in concerted activities 656 DECISIONS OF: NATIONAL LABOR RELATIONS BOARD for the purpose of collective bargaining, or other mutual aid or protection ; (b) Discouraging membership in=International Woodworkers of America, Local No. 6-83, or any other labor organization of its employees, by discriminating against said employees in respect to their hire or, tenure of employment, or any term of condition thereof. (2) Respondent, V. M. Dotson, his officers, agents, successors and assigns shall take the following affirmative action-to effectuate the policies of the National Labor Relations Act : (a) Offer to Howard Dyer a position limbing, bucking or burn- ing slash att ie,goiug rate per thousand without prejudice to his seniority rights. (b) Make whole Howard Dyer for any loss of pay that he may have suffered,by reason of Respondent's discrimination against him by payment to him of the sum of $533.00. (c) Post immediately in conspicuous places in his office in Susanville and at his woods operation and maintain for a period of at least sixty (60) days from the date of posting notices to his employees stating: (1) that the Respondent will not engage in the conduct from which he is ordered to cease and desist in'-para- graphs 1 (a) and (b) of.this order.; (2)^ that the-Respondent will take, or has taken the affirmative action set forth in paragraph 2 (a) and (b) of this order; (3) that the Respondent's employees are free to become or remain members of International Wood- workers of America, Local No. 6-83, Congress of Industrial Organizations, and the Respondent will riot discriminate against any employee because of membership or activity in that organization. (d) Notify the Regional Director for the Twentieth Region in writing, within twenty (20) days from the date of this order, of the steps taken by, Respondent to comply herewith. V After the entry of the order by the-National Labor Relations Board as provided for in Paragraph IV hereof, there may be entered in the United States Circuit Court of Appeals for the Ninth Circuit a decree by said Court enforcing said order in full, and each of the parties hereto hereby consents to the entry of said 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. V. M. DOTSON VII 657 This stipulation' contains the entire agreement between the par- ties hereto and there is no understanding, oral or written, adding to or in anywise altering the provisions of this stipulation. On September 26, 1940, the Board issued its order approving the above stipulation, making it a part of the record in the case, and trans- ferring the proceeding, to the Board for the purpose of entry of a deci- sion and order by the Board pursuant to the provisions of 'the stipu- lation. 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 , V. M.-Dotson has been engaged since September 1939 in the business of falling, bucking, loading, and hauling timber. He cuts, falls, and bucks logs on United States Government land approximately 18 miles from Susanville, California, where he maintains his principal office. The respondent delivers to the Lassen Lumber and Box Company, Susanville, California, herein called the company, under a contract dated October 2,'1939, about one-third of the logs which the company uses. Between that date and November 15, 1939, he cut and delivered to the company approximately 5,600,000 feet of lumber for which he -%w>as,paid $38,700.- During the year 1940 to the date of the stipulation, the respondent cut and delivered to the company approximately 4,500,- 000 feet of lumber for which he has received approximately $31,500. The total sales value of lumber sold and shipped by the company during the year 1939 was approximately $220,000, of which over $143,- 000 worth, or about 65 percent of the total lumber and lumber products manufactured by the company, was shipped by it outside the State of California. The respondent uses in the loading and hauling of timber seven trucks, one caterpillar tractor, and one A frame loading rig. All of said machinery, purchased by the respondent at a total cost of about' $10,000, was manufactured outside the State of California and pur- chased by the respondent second-hand within the State of California. For the purpose of this proceeding the respondent admits that his operations affect interstate commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. 32 ;428-42-vol 2 7-- -4.i 658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 that V. M. Dotson, Susanville , California, his agents, successors, and assigns, shall: - - 1. Cease and desist from : - (a) In any manner interfering with, restraining , or coercing his, employees in the exercise of their right 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; (b) Discouraging membership in International Woodworkers of America, Local 6-83, or any other labor organization of its employees, by- discriminating against said employees in respect to their hire or tenure of employment , or any term or condition thereof. 2. Take the following affirmative -action to effectuate the. policies of the National Labor Relations Act : (a) Offer to Howard Dyer a position limbing, bucking, or burning slash at the going rate per thousand without prejudice to his seniority rights ; (b) Make whole Howard Dyer for any loss of pay that he may have suffered by reason of the respondent's discrimination against him by payment to him of the sum of $533.00; (c), Post immediately in conspicuous places in his office in Susanville and at his woods operation, and maintain for a period of at least sixty (60) days from the date of posting, notices to his employees stating: (1) that the respondent will not engage in the conduct from which he is ordered to cease and desist in paragraphs 1 (a) and (b) of this' Order; (2) that the respondent will take or has taken the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; (3) that the respondent's employees are free to become or remain members of International Woodworkers of America , Local 6-83 , Congress of In- dustrial Organizations , and the respondent will not discriminate against any employee because of membership or activity in that' organization; ' (d) Notify the Regional Director for the Twentieth Region in writ, ing within twenty ( 20) days from the date of this Order, of the steps taken by the respondent to comply herewith.