E. E. Crom Lumber Co.

In the Matter of E. E. CROM, AN INDIVIDUAL, DOING BUSINESS AS E. E. CROM LUMBER COMPANY and R. R. KERNAN AND NORTHERN CALI- FORNIA DISTRICT COUNCIL, A. F. OF L. Case No. C-1794.Decided February 12, 1941 Jurisdiction : sash and" door products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Earle K. Shawe, for the Board. Mr. Charles Lederer, of Alturas, Calif., for the respondent. Messrs. R. R. Kernan and Joe Boyd, of Sprague River, Oreg., for the Union. Mr. Harold Weston, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by R. R. Kernan and Northern California District Council, 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 13, 1941, against E. E. Crom, an individual, doing business as E. E. Crom Lum- ber Company, Alturas, California, herein called the respondent, alleg- ing 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 accompanied by a notice of hearing were duly served upon the respond- ent, R. R. Kernan, and Northern California District Council. , The complaint alleged, in substance, that the respondent discharged and refuses to reinstate R. R. Kernan because of his membership in and activity on behalf of the Lumber and Sawmill Workers, Local No. 2604, and Northern California District Council, Lumber and Sawmill Workers, affiliated with the United Brotherhood of Carpenters & Joiners of America, A. F. of L.; both herein called the Union, and that thereby and by urging, persuading, and warning his employees to 29 N. L. R B., No. 95 535 536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD refrain from becoming or remaining members of the Union, the re- spondent interfered with, restrained, and coerced his. employees in the exercise of the rights guaranteed in Section 7 of the Act. On January 15, 1941, the respondent, the Union, and counsel for the Board entered- into a stipulation in settlement of the case. The stipulation provides as follows : IT IS FIEREBY STIPULATED AND AGREED by and between E. E. Crom, an Individual; doing business as E. E. Crom Lumber,Company (hereinafter called the Respondent) ; Northern California Dis-_ trict Council, United Brotherhood of Carpenters & Joiners, A. F. of L.; R. R. Kernan, and Earle K. Shawe, Attorney, National Labor Relations Board, as follows : I Respondent is an individual doing business under the fictitious trade name of E. E. Crom Lumber Company, and has been since July, 1939 engaged in the manufacture and sale of finished sash and door products in the city of Alturas, California, hereinafter called the Alturas plant. During the calendar year ending December 31, 1939, Respond-. ent purchased lumber amounting in quantity to approximately 3,000,000 board feet and in value to approximately $60,000.00. Of said amounts, approximately 250,000 board feet of the ap- proximate value of $5,000.00 were purchased by the Respondent and shipped to its Alturas plant from points and places outside the state of California. During the calendar year ending December 31, 1939, Respond- ent sold finished sash and door products amounting to approxi- mately $70,000.00 in value, of which amount approximately $60,000.00 in value was sold and shipped by Respondent from the Alturas plant in the state of California to, into, or through points in the United States outside the state of California. During the year 1940 the Company's operations at the Alturas plant, including the amounts of lumber purchased, source of such lumber, the amount of sales and destination of such-sales has been substantially the same as its business in 1939, as stated hereinabove. For the sole purpose of this proceeding and for no other purpose, Respondent stipulates to the above facts and admits that it is engaged in Commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act (hereinafter called the Act). II Lumber and Sawmill Workers Union, Local No. 2604, and Northern California District Council, affiliated with, the United E. E. CROM 537 Brotherhood of Carpenters & Joiners, A. F. of L .,- are labor or- ganizations within the meaning of Section 2 (5) of the Act. III All of the parties hereto , and each of them, hereby waive their right to file an answer to the Complaint of the National Labor Relations Board filed herein, and their right to a hearing, and to appear in person or otherwise and to give testimony and examine or cross-examine witnesses (as provided in Section 10 (b) of the Act and in National Labor Relations Board Rules and Regula- tions-Series 2, as amended ) ; and all of the parties hereto, and each of them , hereby waive the making of findings of fact and conclusions of law by the . National Labor Relations Board and any other or further procedure or proceedings by or before the National Labor Relations Board that may be provided in the National Labor Relations Act or the National Labor Relations Board Rules and Regulations-Series 2, as amended; and all of the parties hereto and each of them, agree that the formal papers in the proceedings , including the charges , Complaint, and Notice of Hearing, Affidavit of Service of Complaint and ' Notice of Hearing, copy of National Labor Relations Board Rules and Regulations-Series 2, as amended, and this Stipulation, and nothing more , shall constitute the entire record in this case, and shall dispense with the necessity for the hearing referred to in said Complaint and Notice of Hearing , and as provided in Sec- tion 10 (b) of the National Labor Relations Act.' This waiver and agreement is expressly conditioned upon the approval of this Stipulation by the National Labor Relations Board. It is agreed that the record in this case shall be filed with the National Labor Relations Board in Washington , D. C. by filing the same with the Chief Trial Examiner of said Board. IV Upon the record herein and upon this stipulation , if and when approved by the National Labor Relations Board, an Order may forthwith be entered by said Board as follows: (1) Respondent shall cease and desist from : (a) In any manner interfering with, restraining or coercing its 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 for the purpose of collective bargaining , or other mutual aid or protection ; 538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Discouraging membership in Lumber and Sawmill Work- ers Union, Local No. 2604, iffiliated with the United-Brotherhood of Carpenters & Joiners, A. F. of L. or any other labor organi- zation of its employees, by discriminating against said employees with respect to their hire or tenure of employment,'or any term or condition thereof. (2) Respondent shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Respondent shall make whole R. R. Kernan for any loss of pay that he may have suffered by reason of Respondent's discrimination against him by payment to him the amount of $100.00. (b) Post, at the beginning of the 1941 operating period, that is, about June 15th, in a conspicuous place, at its Alturas plant, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating : (1) that the Respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; (2) that the Respondent's employees are free to be- come or remain members of Lumber and Sawmill Workers Union, Local No. 2604, affiliated with the United Brotherhood of Carpenters & Joiners of America, A. F. of L., and the Respond- ent will not discriminate against any employee because of membership or activity in that organization. (c) 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 It is understood Respondent shall have until August 1, 1941 to make the payment of one hundred dollars ($100.00) to R. R. Kernan, provided for in paragraph 2 (a) of the Order set for in Paragraph IV. VI It is further understood and agreed that R. R. Kernan has other employment and that the Respondent shall not be required to offer re-employment to R. R. Kernan. VII 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 E. E., CROM 539 • full and each of the parties hereto hereby consents to the entry of said decree and hereby waives prior notice thereof. VIII It is expressly understood and agreed that this Stipulation and the Order and Decree provided for herein shall be, a com- plete and final disposition of all the issues, raised by the charges and complaint in this proceeding and that no other or further procedure, order or decree, other than those provided for herein, shall be instituted or made with respect to the subject matters contained in the charges and Complaint herein against any of the parties to this Stipulation. IX It is expressly understood and agreed that this Stipulation is subject to the approval of the. National Labor Relations Board. X The terms of this Stipulation contain and set forth the entire agreement between the parties hereto and there is no agreement of any kind which varies, alters or adds to this Stipulation. On January 29, 1941, the Board issued its order approving the stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the 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 E. E. Crom is an individual doing business under the trade name of E. E. Crom Lumber Company. Since July 1939, the respondent has been engaged in the' manufacture and sale of finished sash and door products at Alturas, California. During 1939, the respondent purchased lumber amounting to approximately 3,000,000 board feet, about one-twelfth of which was shipped to the respondent from points outside the State of California. During the same period, the re- spondent's sales amounted to approximately $70,000, about $60,000 of which represent shipments to points outside the State of California. For purposes of this proceeding only, the respondent admits that it is engaged in interstate commerce within the meaning of the Act. 540 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD 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 Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that E. E. Crom, an individual, doing business as E. E. Crom Lumber Company, his 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 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 Lumber and Sawmill Workers Union, Local No. 2604, affiliated with the United Brotherhood of Car- penters & Joiners, A. F. of L. or any other labor organization of its employees, by discriminating against said employees with 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) Make whole R. R. Kernan for any loss of pay that he may have suffered by reason of Respondent's discrimination against him by pay- ment to him the amount of $100.00; (b) Post, at the beginning of the 1941 operating period, that is; about June 15th, in a conspicuous place, at its Alturas plant, and main- tain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating: (1) that the Respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; (2) that the Respond- ent's employees are free to become or remain members of Lumber and Sawmill Workers Union, Local No. 2604, affiliated with the United Brotherhood of Carpenters & Joiners of America, A. F. of L., and the Respondent will not discriminate against any employee because of membership or activity in that organization; (c) 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 Respondent to comply herewith.