Ozan Lumber Co.

In the Matter Of OZAN LUMBER COMPANY and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-1820.-Decided March 3, 1041 Jurisdiction : lumber industry. Settlement : stipulation providing for compliance with the Act Remedial Orders: entered on stipulation. ilh, , . Charles A. Kyle, for the Board. 111cRae c6 Tompkins, by Mr. Charles H. Tompkins and Cllr. IV. V. Tompkins, of Prescott, Ark., for the respondent. Mr. Charles Forbess, of Fordyce, Ark., for the Union. Mr. Eugene Dl. Purver, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by United Brotherhood of Carpenters and Joiners of America, affiliated with American Federation of Labor, herein called the Union, the National Labor R^latnons Board, herein called the Board, by Charles H. Logan, Regional Director for the Fifteenth Region (New Orleans, Louisiana), issued its com- plaint dated January 23, 1941, against Ozan Lumber Company, Delight, Arkansas, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices 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. A copy of the complaint, accom- panied by notice of hearing, was duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent (1) on or about November 12, 1940, discharged George A. Tilhnan and thereafter failed and refused to reinstate him, because of his membership and activities in the Union, thereby discriminating in regard to his hire and tenure of employ- ment and discouraging membership in a labor organization; and (2) by (a) spying on a union meeting, (b) warning its employees 30 N. L. R. B, No. 3. 25 26 , DECISIONS OF NATIONAL LABOR RELATIONS' BOARD against becoming or remaining members of the Union , (c) threaten- ing its employees with loss of employment if a majority became or remained members of the Union , ( d) making non-membership in the Union a condition of employment, and (e) other acts, thereby interfered with, restrained , and coerced its employees in the exercise of the rights of self-organization as guaranteed in Section 7 of the Act. On January 30, 1941, the res'pondent filed its answer to the com- plaint, admitting facts concerning the nature of its business but denying that it had engaged in the unfair labor practices alleged in the complaint. Pursuant to notice, a hearing was held on February 10, 1941, before Horace A. Ruckel, the Trial Examiner duly designated by the Board. The Board and the respondent were represented by counsel and participated in the hearing. At the hearing, the re- spondent , the Union, and counsel, for the Board entered into a stipu- lation in settlement of the case. The hearing was thereupon ad- journed indefinitely. The stipulation provides as follows : Charges having been filed with the Regional Director, Na- tional Labor Relations Board, Fifteenth Region, complaint was issued and served on all parties wherein. and whereby it was alleged that the respondent engaged in unfair labor practices in violation of Section 8 (1) and (3) of the National Labor Relations Act (49 Stat. 449). All parties hereto acknowledge service of the Complaint, Notice of Hearing, and charge. It being the intention of the parties to dispose of the matters which have arisen, and without admission on the part of the company that it has committed any unfair labor practices, it is hereby stipulated and agreed by and among the Ozan Lumber Company, by J. R. Bemis, its President; and United Brother- hood of Carpenters and Joiners of America, affiliated with the American ,Federation of Labor, by Charles Forbess, its repre- sentative , and by Charles A. Kyle, designated Attorney in this matter, National Labor Relations Board, Fifteenth Region, as follows : 1. Respondent is a corporation existing under and by virtue of the laws of the State of Arkansas, with its principal office and place of business, at Prescott, Arkansas. In Delight, Arkansas respondent owns ' and operates a saw and planing mill where raw lumber is manufactured and sold. Over 90% of all raw materials, which consist principally of lumber, are obtained from points within the State of Arkansas. Approximately 7517o of the finished lumber produced at Delight, Arkansas, is shipped OZAN LUMBER COMPANY 27 from Delight to points outside the State of Arkansas. For the purposes of this proceeding, respondent admits that it is engaged in interstate commerce within the meaning of Section 2, sub- sections (6) and (7) of the National Labor Relations Act. 2. All parties hereto waive all further and other procedure provided by the National Labor Relations Act and the Rules and Regulations of the National Labor Relations Board, includ- ing the taking of testimony and the making of findings of fact and conclusions of law. 3. This Stipulation, together with the Charge, Complaint, and Notice of Hearing, and Answer, and the Transcript, shall con- stitute the Record herein upon being filed with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., or with the Trial Examiner designated in this matter. 4. Respondent agrees to offer to George Tillman immediate and full reinstatement to his former employment without preju- dice to his rights and privileges, and to pay to said George Tillman the sum of One Hundred and and Fifty Dollars. 5. On the basis of the facts stipulated in paragraph 1 above, the pleadings and the record described in Paragraph 3 above, this stipulation, and by agreement of the parties hereto, the National Labor Relations Board may enter its order in the following form in the above-entitled case : ORDER The National Labor Relations Board hereby orders that Ozan Lumber Company, its officers, agents, successors , and assigns : 1. Shall not : (a) In any manner interfere with, restrain or coerce its em- ployees in 'the exercise of their rights 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) Discriminate against any employee because of his mem- bership in or activities in behalf of the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor; (c) Discourage membership in the United Brotherhood of Carpenters and Joiners of America, affiliated with the Ameri- can Federation of Labor, or any other labor organization of its employees. 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action to effectuate the policies of the Act; (a) Post notices in conspicuous places in its lumber mill at Delight, Arkansas, such notices to remain posted for a period of 60 clays; and to state that the respondent shall not engage in the conduct aforementioned. (b) Offer to George Tillman immediate and full reinstate- ment to his former employment without prejudice to his rights and privileges, and pay to said George Tillman the sum of One Hundred and Fifty Dollars. 6. Respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application of the Board, of a consent decree enforcing an order of the Board in the form herein-above set forth, and hereby waives further notice of the application for such decree. The Board will, as soon, as conveniently possible, make applica- tion for said consent decree. 7., It is further understood and agreed that this stipulation embodies the entire agreement' between the parties and there is no verbal agreement of any kind which varies , alters, or adds to this stipulation. 8. , It is further understood and agreed tliat this stipulation is subject to the approval of the National Labor Relations Board, and shall be effective upon issuance by the Board of its approval of this stipulation. 9. It is further stipulated and agreed that the following paragraph shall be added to and become a part of paragraph 2 of the order, to be designated as paragraph 2 (c).: (c) Notify the Regional Director for the Fifteenth Region of the National Labor Relations Board, in writing, within ten days of the issuance of this Order what steps have been taken in compliance herewith. On' February 19, 1941, the Board issued its order approving' the above stipulation, making it part, of the record in the case, and,' pursuant to Article IT, Section` 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the case to the Board for the purpose of entry of a Decision and Order by the Board pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the, following : OZAN LUMBER CO IPANY FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT 29 Ozan Lumber Company, the respondent, is an Arkansas corpora- tion with its principal office and place of business at Prescott, Ar- kansas. It owns and operates in Delight, Arkansas, a saw and planing mill where raw lumber is manufactured and sold. Less than 10 per cent of the raw materials which the respondent uses are obtained from points outside the State of Arkansas. Approxi- mately 75 per cent of the finished lumber produced at Delight, Arkansas, is shipped therefrom to points outside the State of Arkan- sas. For the purposes of this proceeding the respondent admits that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) 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. 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 Ozan Lumber Company, Delight, Arkansas, its officers, agents, successors, and assigns : 1. Shall not : (a) In any manner interfere with, restrain or coerce its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through repre- sentatives of their own choosing and to engage in concerted activi- ties for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) Discriminate against any employee because of his membership in or activities in behalf of the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor; (c) Discourage membership in the United Brotherhood of Car- penters and Joiners of America, affiliated with the American Federa- tion of Labor, or any other labor organization of its employees. 2. Take the following affirmative action to effectuate the policies of the Act : - (a) Post notices in conspicuous places in its lumber mill at De- light, Arkansas, such notices to remain posted for a period of sixty 30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (60) days, and to state that the respondent shall not engage in the conduct aforementioned; (b) Offer to George Tillman immediate and full reinstatement to his former employment without prejudice - to his rights and privileges, and pay to said George Tillman the sum of One Hundred and Fifty Dollars; (c) Notify the Regional Director for the Fifteenth Region of the National Labor Relations Board, in writing, within ten (10) days of the issuance of this Order what steps have been taken in compliance herewith.