Hills Creek Lumber Co.

In the Matter of F. A. HILLS AND F. A. GRAHAM, INDIVIDUALLY AND AS COPARTNERS DOING BUSINESS UNDER THE NAME OF HILLS CREEK LUMBER COMPANY, AND WILLAMETTE VALLEY LUMBER OPERATORS ASSOCIATION and LUMBER AND SAWMILL WORKERS UNION, LOCAL No. 2574, -UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE A. F. OF L. - Case No. C-1822.-Decided March 17, 1941 Jurisdiction : lumber industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered in stipulation. Mr. William A. Babcock, Jr., for the Board. Mr. E. O. Ir nnel, of Eugene, Oreg., for the respondents Hills and Graham. Mr. Lawrence T. Harris and Mr. G. A. Metzger, of, Eugene, Oreg., for the respondent Operators Association. Mr. William O. Kelsay, of Dexter, Oreg., for 'the L. 'S. W. U. Cake, Jaureguy cPc Tooze, of Portland, Oreg., for the I. E. U. and I. E. U. Local 71-1. Mr. Sidney Sugerman, of counsel to the Board. DECISION AND ORDER STATEMENT OF TIIE CASE Upon a charge and an amended charge duly filed by Lumber and Sawmill Workers Union, Local No. 2574, United Brotherhood,- df Carpenters and Joiners of America, affiliated with the A. F. of L., herein called the L. S. W. U., the National Labor Relations Board, herein called the Board, by the Regional Director for the Nineteenth Region (Seattle, Washington), issued its complaint dated November 20, 1940, against F. A. Hills and F. A. Graham, individually and as copartners doing business under the name of Hills Creek Lumber Company, Jasper, Oregon, herein called the respondents Hills and Graham ; and against Willamette Valley Lumber Operators Associa- tion, Eugene, Oregon, herein called the respondent Operators Associa- 30 N. L R. B., No. 52. 340 F. A. HILLS & F. A. GRAHAM .341 tion, alleging that all 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' and, further, that the respondents Hills and Graham had so engaged and were so engaging within the meaning of Section 8 (3) and (5) of the Act. With respect to the unfair labor practices, the complaint alleged in substance (1) that all the respondents dominated and interfered with, the administration of Loyal Legion of Loggers and Lumbermen, herein called the 4L; that the respondents Hills and Graham dominated and interfered with the formation of Loyal Legion of Loggers and Lumber: Lumber- men, Local 71, District 1, herein called 4L Local 71-1; that all the respondents dominated and interfered with the administration of 4L Local 71-1, and contributed financial and other support thereto as well as to the 4L; also,, that all the respondents dominated and interfered with the formation and administration of Industrial Employees' Union, Inc., herein called the I. E. U., successor to the 4L, and of Industrial Employees' Union, Inc., Local 71, District 1, herein called I. E. U. Local 71-1, successor to 4L Local 71-1, and contributed financial and other support to said successors; (2) that, by discharging and refusing to reiiistate Thomas-Turnbull on April 10, 1939, because of his member- ship in and activities on behalf of the L. S. W. U. and because of his refusal to join and his activities in opposition to I. E. U. Local 71-1, the respondents Hills and Graham discriminated in regard to the hire and tenure of his employment, thereby discouraging membership in the L. S. W. U. and encouraging membership in I. E. U. Local 71-1; (3) that on or about April 4, 1939, and at other times thereafter, the respondents Hills and Graham refused to bargain collectively with the L. S. W. U., the duly designated, exclusive representative of all the employees in an appropriate unit; (4) that by all the foregoing, and by various other specified acts, all the respondents have interfered with, restrained and coerced their,employees in the exercise of the rights guaranteed in Section 7 of the Act. The complaint, with a copy of the amended charge and a notice of hearing, was duly served upon all the respondents, the I. E. U., I. E. U. Local 71-1, and the L. S. W. U. On January 22, 1941, the Regional Director issued an order postponing the hearing until further notice. On January 25, 1941, all the respondents, the I. E. U., I. E. U. Local 71-1,1 the L. S. W. -U., and the- attorney for the Board entered into a ' The name as typed above the signatories for the Local reads in part . "Local No 80, District 1." The numerals "80" are evidently a typographical error,' and should be "71" as stated in the recitals, preambles, and body of the situation, and in the supplemental stipulation. - 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stipulation, subject to the approval of the Board, for settlement of the case in part. This stipulation provided as follows : This Agreement made and entered into by and between F. A. Hills and F. A. Graham, copartners doing business under the name of Hills Creek Lumber Company, hereinafter called the "respondents F. A. Hills and F. A. Graham," by and through their attorney, E. O. Immel; Willamette Valley Lumber Operators Association, hereinafter called "respondent Operators Associa- tion," by and through Lawrence T. Harris, its attorney and G. A. Metzger, its secretary; Lumber and Sawmill Workers Union Local No. 2574, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with American Federation of Labor, hereinafter called '"Lumber and Sawmill Workers Union, Local No. 2574," by and through William Kelsay, President of Wil lamette Valley District Council of Lumber and Sawmill Workers; Industrial Employees' Union, Inc., and Industrial Employees' Union, Inc., Local No. 71, District 1, hereinafter called "I. E. U. and I. E. U. Local 71-1," by and through Cake, Jaureguy and Tooze, their attorneys; and William A. Babcock, Jr., attorney for the National Labor Relations Board, witnesseth : WHEREAS, an amended charge was duly filed in the above matter by Lumber and Sawmill Workers Union, Local No. 2574, on 'September 30, 1940 and a complaint and notice of hearing in the above matter based on the said amended charge, were duly made and issued by the National Labor Relations Board on November 20, 1940, and duly served on the above named parties; WHEREAS,-there is iiow pending before the United States Circuit Court of Appeals for the Ninth Circuit,'in the case of National Labor Relations Board v. C. D. Johnson Lumber Corporation and Willamette Valley Lumber -Operators Association, Case No. 9593, a petition by the National Labor Relations Board for the endorsement of orders made and entered by the National Labor Relations Board on January 25, 1940, in the matter of C. D. John- son Lumber Corporation; Willamette Valley Lumber Operators Association, Inc., a corporation ; Industrial Employees Union, Inc., a corporation, and Industrial Employees Union, Inc., Local No. 50, District 1, and Oregon and Washington Council of Lumber and Sawmill Workers Union, affiliated with the A. F. of L., Co- lumbia River District Council No. 5, Lumber and. Sawmill Work- ers, affiliated with I. W. A. and Lumber and Saw mill Workers Union, Locals No. 2803 and No. 2751, affiliated with the I. W. A. ; Cases Nos. C-641 and C-642; WHEREAS, the issues arising out of the allegations in the com- plaint herein, which relate to the alleged domination of, inter- F. A. HILLS &I GRAHAM 343 ference with, and.support given, to the administration of the Loyal Legion of Loggers andjLumbermen, hereinafter called "4L," and its locals, the reorganization of the said 4L into the I. E. U., and ,the administration of the I. E. U. by the respondents, and by other employer members of the 4L, are substantially the same as the, issues, raised, by similar allegations in the- complaint in the Matter of the C. D. Johnson Lumber Corporation, et al, and the facts and evidence concerning said allegations are substantially the same as the facts and evidence developed in the hearing in that matter;, and WHEnEAS, it is the desire and intention of the parties hereto by this stipulation to dispose of and to adjust certain issues in the, above entitled matter without the conduct of a hearing or the taking of testimony herein, the parties hereto stipulate and agree : I The respondents F. A. Hilt and F. A. Graham, as copartners, do- ing business under the name of Hills Creek Lumber Company, are engaged iii the business of logging; producing and selling lumber and lumber productsrat and near Jasper, Oregon, with their, prin- cipal place of business and office at Jasper, Oregon. In the Course and conduct of said business the said respondents cause, and for some time past have continuously caused, the greater portion of the products of said business to be sold, shipped and transported to points outside the State of Oregon. During the years 1938 and 1939 the amounts of the sales of such products by the said respond- ents and the amounts and percentages, sold and shipped outside the State of Oregon were as follows Year 1938---------------------------------------------- 1939 --------------------------- ------------ Production in board feet 5,197,000 10,193 000 II' Gross sales $85, 213 20 181, 374.94 Approximate percent shipped outside Oregon •89 89 Respondent Operators Association is, and at all times since May 3, 1937, has been, a corporation organized' under the laws of the State of Oregon, with its principal office at Eugene;, Oregon, and a voluntary association of owners and operators engaged in the manufacture and production of lumber and lumber products in the Willamette Valley, State of Oregon. The respondents F. A. Hills and F. A. Graham, as copartners doing business under 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the name of Hills Creek Lumber Company, are, and at all times since May 1938, have been members of said respondent Operators Association. Respondent Operators Association is, and at all times since on or about May 3, 1937 has been, engaged in pro- viding information and advice to its members and other em- ployers in the lumber industry in the interest of and on behalf of said employers in connection with their labor and personnel problems, practices and policies, collective bargaining and other dealings with their employees and representatives of their em- ployees; in promoting the mutual benefits of said employers and the maintenance of uniform wage-schednles, hours of labor, and working conditions; in conducting collective bargaining negotia- tions and executing collective bargaining agreements with labor organizations in the interest of and on behalf of said employers; and in other related and similar activities in the interest of and on behalf of said employers. III Lumber and Sawmill Workers Union, Local No. 2574, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L. and I. E. U. and I. E. U. Local 71-1, are labor organizations within the meaning of Section 2, sub- section (5) of the Act. IV The respondent Operators Association waives its right to file an answer herein, and the I. E. U. and I. E. U. Local 71-1 waive any rights they may have to intervene herein; but by such waivers none of said parties admit the truth of the allegations of the com- plaint or any of them, and then only for the purposes of this case. Nothing herein shall deprive I. E. U. or I. E. U. Local 71-1 of any rights they may have to intervene in any hearing or proceeding, that is conducted under the, allegations of the com- plaint not disposed of by this stipulation and which set forth or relate to the alleged refusal of the respondents F. A. Hills and F. A. Graham to recognize or bargain collectively with Lumber and Sawmill Workers Union Local 2574 in violation of Section 8 (5) and (1) of the National Labor Relations Act. Subject to the provisions of Paragraphs IV and IX of this stipulation, all parties hereto expressly waive their rights to a hearing in this matter and to appear in person or otherwise, to give testimony and examine or cross-examine- witnesses (as provided in Section 10 (b) of the National Labor Relations Act and in the National Labor Relations Board Rules and Regula- F. A. HILLS & F. A. GRAHAM 345 tions Series 2, as amended), and expressly waive the making or findings of fact and conclusions of law by the National Labor Relations Act. VI The pleadings and other formal papers herein, including the amended charge, complaint and notice of hearing and affidavit ,of service thereof, orders postponing hearing and extending time for filing of answers and affidavits of service thereof ; and this stipulation may be entered in the record herein by filing with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. VII It is expressly consented and agreed by the parties hereto that upon the basis of the pleadings and this stipulation the following orders may be immediately made and entered in the above matter by the National Labor Relations Board. A The respondents , F. A. Hills and Graham, copartners, doing business under the name of Hills Creek Lumber Company, and their agents, successors, and assigns , shall: 1. Cease and desist from : (a) Dominating or interfering with the administration of I. E. U. Local 71-1 or the formation or administration of any other labor 'organization , and contributing support to I. E. U. Local 71-1, or any other labor organization of their employees; (b) Recognizing I. E. U. Local 71-1 as the representative of any of their employees for the purpose of dealing with them concerning grievances , labor disputes , rates of pay , wages, hours of employment, and other conditions of work; (c) Giving effect to any contract they may have entered into with I. E. U. Local 71-1 concerning wages, hours, and working conditions ; (d)` In any manner requiring their employees to contribute to the support of I. E . U. Local 71-1, and in any manner making further deductions from the pay or wages of their employees, or any. of them, for dues or fees payable, or to become payable, to said organization; (e) Discharging or threatening to discharge any of their em- ployees, or in any other manner discriminating against any of their employees in regard to their hire or tenure of employment or any term or condition of employment because of their member ship in or activities on behalf of Lumber and Sawmill Workers 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union Local No. 2574,- or any other labor organization of their employees, or because of their failure to become or remain mem- bers of I. E. U. Local 71--1, or any other labor organization of their employees; (f) In any other manner interfering with, restraining or coercing their employees in the exercise of their rights to self- organization, to form, join, or assist labor organizations,' to bar- gain collectively through representatives of their own choosing and to engage in concerted activities for the purposes of collec- tive bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withhold all recognition from I. E. U. Local 71-1 as a representative of any of their employees for the purpose of dealing with them concerning grievances, labor disputes, rates of pay, wages, hours of employment, or other conditions of work, and completely disestablish I. E. U. Local 71-1 as such representative; (b) Make whole Thomas Turnbull for any loss he may have suffered by reason of any alleged discrimination against him by the said respondents by the,payment to him of the sum of $300.00; (c) Post immediately in conspicuous places in and about their plant and logging operations at and near Jasper, Oregon, and maintain for a period of at least sixty, (60) consecutive days from the date of posting, notices to their employees stating that : (1) they will cease and desist in the manner set forth in para- graphs 1 (a) to 1 (f), inclusive, of this order, (2) that the re- spondents will take the affirmative action set forth in para- graphs 2 (a) and (b) of this order and (3) that the respondents' employees are free to form and join any labor organization of their own choosing; (d) Notify the Regional Director for the Nineteenth Region, in writing, within ten days from the date of this order what steps they have taken to comply therewith. B Willamette Valley Lumber Operators Association' and its offi- cers, agents, and successors, and assigns, shall : 1. Cease and desist from : (a) Interfering with the administration of I. E. U. Local 71-1, or the formation or administration of any other 'labor organization ; I F. A. HILLS & F. A. GRAHAM 347 (b) Giving effect to any contract it may have entered into with I. E. U. Local 71-1, or with the I. E. U. affecting I. E. U. Local 71-1 concerning wages, hours, and working conditions, whether it be a contract in existence at the time of the issuance of the complaint in this case or one entered into subsequent to the issuance of the complaint. (c) In any manner interfering with, restraining or coercing the employees of its members 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 purposes of collective bargaining. or other mutual aid or protection, as guaranteed in Section 7 of the Act. , 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act. (a) Immediately notify, in writing, all of its members that it will cease and desist in the manner set forth in paragraphs 1 (a), (b), and (c) of this order; (b) Notify the Regional Director for the Nineteenth Region, in writing, within ten (10) clays from the date of this order what steps it has taken to comply therewith. VIII It is further stipulated and -agreed that if, in the final deter- mination by the United States Circuit Court of Appeals for the Ninth Circuit or the United States Supreme Court, in the event of an appeal thereto, in the case of National Labor Relations Board v. C. D. Johnson Lumber Corporation; et al, Sections 1 (a), (b), (c), (d), and (e), and 2 (a) and (b) of the order made and entered by the Board against the said C. D. Johnson Lumber Corporation, and Sections 1 (a) and (b) of the order made and entered by the Board against Willamette Valley Lumber Operators Association in the Matter of C. D. Johnson Lumber Corporation, et al, or any of said sections or subsections, are enforced by the decree of the Circuit Court of Appeals or the United States Supreme Court insofar as the same relate to the I. E. U. general or parent organiza- tion, additional or further orders may be made and entered by the National Labor Relation's Board in the above entitled matter, -in the form recited below, to the extent that the corresponding orders, sections, subsections, and parts thereof, made and entered by the Board in the Matter of C. D. Johnson Lumber Corporation, -et al, are enforced by said Circuit Court or Supreme Court, inso- far as they relate to the I. E. U. parent or general organization, or may be entered in the form recited below, modified to conform 348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the final determination by said Circuit Court or Supreme Court in.the case of National Labor Relations Board.v. C. D. Johnson Lumber Corporation, et al. _ A The respondents F. A. Hills and F. A. Graham, copartners doing business under the name of, Hills Creek Lumber Company, and their agents, successors and assigns, shall : 1. Cease and desist from : (a) Dominating and interfering with the administration of the I. E. U., or with the formation or administration of any other labor organization or their employees, and from contributing financial or other support to the I. E. U., or any other labor organi- zation of their employees; (b) Recognizing the I. E. U. as the representative of any of their employees for the purpose of dealing with them concerning grievances, labor disputes, rates of pay, wages, hours of employ- ment, and other conditions of work; (c) Giving effect to any contract they may have entered into with the I. E. U. either before or after the issuance of the com- plaint herein, concerning wages, hours, and working conditions; (d) In any manner requiring their employees to contribute to the support of the I. E. U., and in any manner making further deductions from the pay or wages of their employees, or any of them, for dues or fees payable, or to become payable, to said organization ; (e) Acting through the Willamette Valley Lumber Operators Association, or any other employer or association of employers, in interfering with the administration of the I. E. U., or any other labor organization, or contributing support to it, or any other labor organization, or in interfering with, restraining or coercing -their employees 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 purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act ; (f) In any other manner interfering with, restaining or coercing their employees 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 purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act. F. A. HILLS & F. A. GRAHAM 349. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act; (a) Withdraw all recognition from the I. E. U. as representa- tives of any of their employees for the purpose of dealing with them concerning grievances, labor disputes, rates of pay, wages, hours, of employment, or other conditions of work , and completely disestablish the I. E. U. as such representatives; (b) Reimburse individually and in full all employees who were or still are members of the I. E. U. for all dues and fees , if any, which they have deducted from their wages, salaries or other earnings on behalf of the I. E. U. subsequent to the date that the stipulation upon which this order is based was approved by the National Labor Relations Board. (c) Immediately post notices to all of their employees in con- spicuous places in and about their logging operations and their sawmill and manufacturing plant at and near Jasper, Oregon, and maintain such notices , for a period of at least sixty (60) consecutive days, stating that they will cease and desist in the manner set forth in paragraphs 1 (a) to (g) of this order both inclusive, and that they will take the affirmative action set forth in paragraphs 2 (a), (b) and (c) of this order. (d) Notify the Regional Director for the Nineteenth Region, in writing , within ten (10) days from the date of this order what steps the respondents have taken to comply herewith. B Willamette Valley Lumber Operators Association , and its officers, agents, successors, and assigns, shall : 1. Cease and desist from.:- (a) Interfering with the administration of the I. E. U. or the formation or administration of any other labor organization, and contributing support to the I . E. U., or any local or subdivision thereof, or any other labor organization. (b) Giving effect to any contract it may have entered into with the I. E. U., either before or after the issuance of the complaint in this matter, concerning the wages, hours and working conditions of the employees of respondents F. A. Hills and F. A. Graham. (c) In any manner interfering with, restraining , or coercing the employees of its members in the exercise of their rights to self- organization , to form, join, or assist labor organizations , to bar- gain 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 Act. 3 50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Immediately notify, in writing, all of its members that it will cease.and desist in-the manner set forth in paragraphs 1 (a), (b), and,(c) of this order; (b) Notify the Regional Director for the Nineteenth Region, in writing, within ten (10) days from the date of this order what steps it has taken to comply herewith. By "final determination by the United States Circuit Court of Appeals for the Ninth Circuit or the United States Supreme Court in the event of an appeal thereto in the case of the National Labor Relations Board v. C. D. Johnson Lumber Corporation, et al,'' is meant the final decision and decree by the United States Su- preme-Court on an application for certiorari by any of the parties in said case to said Court, either in denying such application or in its determination of such controversy if said application is granted, or the decision and decree of the United States Circuit Court of Appeals for the Ninth Circuit in said case in the event that none of the parties to said case apply for certiorari to the United States Supreme Court or attempt to appeal to said Court in any other manner within the period allowed bylaw. I•X This stipulation, if approved by the National Labor Relations Board, shall constitute a final and complete settlement and dis- position of the issues raised by the complaint herein, except for those issues raised by those allegations of said complaint, in Para- graphs I, II, IV, XI, XII, XIII, XVII, XIX, XXI and XXII, thereof, which set forth or relate to the alleged refusal of the .respondents F. A. Hills and F. A. Graham to recognize and bar- gain collectively with Lumber and Sawmill Workers Union, Local No. 2574, as -the exclusive representative of certain of its em- ployees for the purposes of collective bargaining, in violation of Section 1(5) and (1) of the National Labor Relations Act. The complaint, except,for such allegations shall be construed to be dismissed as to all allegations which are not disposed of by the orders to be entered-by the Board pursuant to the terms of this stipulation. Nothing in this stipulation shall preclude the Na- tional Labor Relations Board from conducting a hearing or in any other manner proceeding upon -the said allegations of the complaint -in the paragraphs of the complaint above enumerated or deprive any of the parties hereto of any rights they may have to participate in any such hearing or proceedings. F. A. HILLS & F. A. GRAHAM X 351 The parties hereto, and each of them,-expressly consent and agree that on application by the said Board, a. decree or decrees enforcing the order or orders of said Board in this matter may be entered by the United States Circuit Court of Appeals for the Ninth Circuit without notice to any of said parties; and the parties, and each of there, expressly waive their rights to contest such application or to object to the entry of such decree or decrees and expressly waive their rights to be notified of such application. XI The entire agreement between the parties hereto is contained within the terms of this stipulation, and there is no verbal agree- ment of, any kind which varies, alters, or adds to it. XII It is understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board after its submission to the Board in Washington, D. C. On January 27, 1941, the respondents Hills and Graham, the L. S. W. U., and the attorney for the Board entered into a supple- mental stipulation, subject to the approval of the Board, for settle- ment of the remainder of the case. This supplemental stipulation provided as follows. This agreement made and entered into by and between F. A. Hills and F. A. Graham, copartners doing business under, the name of Hills Creek Lumber Company (hereinafter called` the respondents F. A. Hills and F. A. Graham), by and through their attorney, E. O. Immel; Lumber and Sawmill Workers Union, Local 2574, chartered by Unitea Brotherhood of Carpenters and and Joiners of America, affiliated with the American Federation of Labor (hereinafter called Lumber and Sawmill Workers Union, Local No. 2574), by and through William Kelsay, President Wil- lamette Valley District Council of Lumber and Sawmill Workers; and William A. Babcock, Jr., Attorney for the National Labor Relations Board, witnesseth : WHEREAS, a stipulation has been entered into by the above named parties and Willamette Valley Lumber Operators Association, Industrial Employees' Union, Inc., (hereinafter called'I. E. U.), and Industrial Employees' Union, Inc., Local No. 71, District 1 (hereinafter called I. E. U. Local 71-1), under date of January 25, 1941, disposing of some of the issues raised by the complaint in 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the above matter, but not disposing of those allegations of the com- plaint which set forth or relate to the alleged refusal of the re- spondents F. A. Hills and F. A. Graham to recognize or bargain with Lumber and Sawmill Workers Union, Local No. 2574, in violation of Section 8 (5) and (1) of the National Labor Relations Act; and WHEREAS, the above named parties desire to dispose of the remaining issues without the conduct of a hearing or the taking of testimony, the parties hereto stipulate and agree : I All the production and maintenance employees, exclusive of supervisory and clerical employees, employed by the said respond- ent in and about their mill and logging operations at and near Jasper, Oregon, constitute a unit appropriate for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment in order to insure to said employees the full benefit of their right to self organization and to collective bargaining, and to otherwise effectuate the policies of the National Labor Relations Act. II All parties hereto expressly waive their right to a hearing in this matter and to appear in person, or otherwise, to give testimony and examine or cross-examine witnesses (as provided in Section 10 (b) of the National Labor Relations Act and in the National Labor Relations Board Rules and Regulations, Series 2, as amended), and all the parties hereto expressly waive the making of findings of fact and conclusions of law by the National Labor Relations Board. III This stipulation shall be made a part of the record in the above entitled matter by filing with the Chief Trial Examiner of the National Labor Relations Board,Washington, D. C. IV Upon the basis of the pleadings, this stipulation, and that certain stipulation made and entered into in` this matter by the above named parties and I. E. U., I. E. U. Local 71-1 and Willamette Valley Lumber Operators Association under date of January 25, 1941, the following order may be immediately made and entered in the above matter by the National Labor Relations Board, or F. A. HILLS & F. A. GRAHAM 353 may be incorporated in and made a part of any order' made and entered by the said Board against the respondents F. A. Hills and F. A. Graham pursuant to the provisions of Paragraph VII of the above described stipulation, dated January 25, 1941. Respondents F. A. Hills and F. A. Graham, copartners, doing business under the name of Hills Creek Lumber Company, and their agents, successors and assigns, shall : 1. Cease and desist from : (a) Refusing to recognize and bargain collectively with Lumber and Sawmill Workers Union, Local No. 2574, chartered by the United Brotherhood of Carpenters and Joiners of America, affili- ated with the American Federation of Labor, as the exclusive rep- resentative, of all the production and maintenance employees, ex- clusive of supervisory and clerical employees, employed by the respondents in and about their mill and logging operations at and near Jasper, Oregon, until such time as a majority of such employees shall designate a different collective bargaining repre sentative or representatives. (b) In any other manner interfering with, restraining or co- ercing their employees in the exercise of their rights to self or- ganization, 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 bar- gaining or other mutual aid or protection as guaranteed under Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act. (a) Upon request, bargain collectively with Lumber and Saw- mill Workers Union, Local 2574, as the exclusive representative of all production and maintenance employees, exclusive of su- pervisory. and clerical employees, employed by the said respond- ents in and about their mill and logging operations at and near Jasper, Oregon, for the purposes • of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment until such time as a majority of such employees shall designate another or different representative or representatives and such representative or representatives de- mand recognition of the said respondents as such bargaining representative. (b) Post immediately in conspicuous places in and about their plant and logging operations at and near Jasper, Oregon, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to their employees stating that 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (1) they will cease and desist in the manner set forth in para- graphs 1 (a) and (b) of this order and (2) they will take the affirmative action set forth in paragraph 2 (a.) of this order. (c) Notify the Regional Director for the Nineteenth Region in writing within ten days of the date. of this order what steps they have taken to, comply therewith. V This stipulation and the stipulation in this matter dated Jan- uary 25, 1941, which is described above, shall constitute a final and complete settlement and adjustment of the issues raised by the complaint herein, and the complaint shall be considered to be dismissed by the National Labor Relations Board as to all allegations of said complaint which are not disposed of by the orders which are entered by the said board pursuant to said stipulations. VI The parties hereto, and each of them, expressly, consent and agree that on application by the said Board, a decree enforcing the order of the Board entered pursuant to the provisions of this stipulation may be entered by the United States Circuit Court of Appeals for the Ninth Circuit without notice to any of the said parties; and the parties hereto, and each of them ex- pressly, waive their rights to contest such application or to object to the entry of such decree and expressly waive their rights to be notified of such application. VII The entire agreement between the parties is contained within the terms of this stipulation and there is no verbal agreement of any kind which varies, alters or adds to it. VIII It is understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board after its submission to the Board in Washington, D. C. On February 7, 1941, the I. E. U. and I. E. U. Local 71-1 by separate instrument, which is hereby made a part of the record in the, above- entitled case, stipulated as follows : COME Now the Industrial Employees Union, Inc., and Indus- trial Employees Union Local 71, District 1, by and through the F. A. HILLS & F . A. GRAHAM 355 undersigned, their attorneys, and admit and represent to said Board that they and each of them have been duly served with a copy of the complaint, notice of hearing, and order postponing hearing and extending time for filing answers in the above en- titled matter, and have heretofore signed a certain stipulation dated January 25th, 1941, and have also received copies of that certain supplemental stipulation between F. A. Hills and F. A. Graham, copartners doing business under the name of Hills Creek Lumber Company, Lumber and Sawmill Workers Union, Local 2574, and William A. Babcock, Jr., attorney for the National Labor Relations Board, under date of January 27th, 1941. You are advised that Industrial Employees Union, Inc., and Industrial Employees Union, Local 71, District 1, do not admit the truth of any allegations of the complaint herein or of any of the statements contained in the supplemental stipulation first above mentioned, and do not admit that there is any justification for the entry of the order provided for in said supplemental stipu- lation,_ but on the contrary deny that such is the fact; but such organizations and each of them waive all right to make objection before the Board to the approval of such supplemental stipulation and the entry by, the Board of the order provided for in such supplemental stipulation in the form there set forth, and if the said Board on the basis of the pleadings, said supplemental stipu- lation and the stipulation signed by the undersigned, makes and enters such order in the form therein set forth, said organizations and each of them waive all right to protest the entry upon appli- cation by the National Labor Relations Board of a decree by the United States Circuit Court of Appeals enforcing said order, and waive all right, to receive notice of such application and waive all, right to intervene in any such proceedings before said court or to petition said court to set aside said order; but by this waiver Industrial Employees Union, Inc., does not waive any further right it may have with respect to the organization of,any, new or different local of a labor organization. On February 21, 1941, the Board issued an order approving the first- mentioned stipulation and the supplemental stipulation, making them a part of the record in the case, and transferring. the case to and con- tinuing it before the Board for the purpose of entry of a Decision and Order by the Board pursuant to the provisions of said stipulation and supplemental stipulation. Upon the stipulations, the supplemental stipulation, and the entire record in the case, the Board makes the following: 440135-42-Vol 30 24 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF RESPONDENTS The respondents F. A. Hills and F. A. Graham, as copartners, doing busines under the name of Hills Creek Lumber Company, are engaged in the business of logging, producing, and selling lumber and lumber products at and near Jasper, Oregon, with their principal place of busi- ness and office at Jasper, Oregon. In the course and conduct of said business the said respondents cause, and for some time past have continuously caused, the greater portion of the products of said busi- ness to be sold, shipped, and transported to points outside the State of Oregon. During the years 1938 and 1939 the amounts of the sales of such products by the said respondents and the amounts and per- centages sold and shipped outside the State of Oregon were as follows : Year 1938---------------------------------------------------- 1939--- -------------------------------------------------- Production in board feet 5,197,000 10,193, 000 Gross sales $85, 213 20 181,374 94 Approximate percent shipped outside Oregon 89 89 Respondent Operators Association is, and at all times since May 3, 1937, has been, a corporation organized under the laws of the State of Oregon, with its principal office at Eugene, Oregon, and a volun- tary association of owners and operators engaged in the manufacture and production of lumber and lumber products in the Willamette Valley, State of Oregon. The respondents F. A. Hills and F. A. Graham, as copartners doing business under the name of Hills Creek Lumber Company, are, and at all times since May 1938, have been members of said respondent Operators Association. Respondent Operators Association is, and at all times since on or about May 3, 1937 has been, engaged in providing information and advice to its members and other employers in the lumber industry in the interest of and on behalf of said employers in connection with their labor and personnel problems, practices and policies, collective bargaining and other dealings with their employees and representatives of their employees; in promoting the mutual benefits of said employers and the maintenance of uniform wage schedules, hours of labor, and work- ing conditions; in conducting collective bargaining negotiations and executing collective bargaining agreements with labor organizations in the interest of and on behalf of said employers; and in other related and similar activities in the interest and on behalf of said employers. We find that the above-described operations of the respondents Hills and Graham constitute a continuous flow of trade, traffic, and F,. t A. HILLS & T. A. GRAHAM 357 commerce among the several States. The respondent Operators, As- sociation acts in the interest of and behalf of the respondents Hills and Graham and is an employer of the employees of the respondents Hills and Graham within the meaning of Section 2 •(2) of the Act. II. THE ORGANIZATIONS INVOLVED Lumber and Sawmill Workers Union, Local No.' 2574, United Brotherhood of Carpenters and Joiners of America , affiliated with the A. F. of L.;' Industrial Employees Union , Inc.; and Industrial Employees' Union , Inc., Local 71, District 1, are labor organizations. ORDER Upon the basis of the foregoing findings of fact, the stipulations, the supplemental 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 : A The respondents F. A. Hills and F. A. Graham , copartners doing business under the name of Hills Creek Lumber Company , Jasper, Oregon, individually and collectively , and their agents, legal repre- sentatives, and assigns, shall: 1. Cease and desist from : ( a) Dominating or interfering with the administration of I. E. U. Local 71-1 or the formation or administration of any other labor organization, and contributing support to I. E. U. Local 71-1, or any other labor organization of their employees; (b) Recognizing I. E. U. Local 71-1 as the representative of any of their employees for the purpose of dealing with them concerning grievances, labor disputes , rates of pay, wages, hours of employment, and other conditions of work ; (c) Giving effect to any contract they may have entered into with I. E. U. Local 71-1 concerning wages, hours , and working conditions ; (d) In any manner requiring their employees to contribute to the support of I. E. U. Local 71-1, and in any manner making further deductions from the pay or wages of their employees , or any of them, for dues or fees payable , or to become payable, to said organization ; (e) Discharging or threatening to discharge any of their employees. or in any other manner discriminating against any of their employees in regard to their hire or tenure of employment or any term or con- dition of employment because of their membership in or activities on behalf of Lumber and Sawmill Workers Union Local No. 2574, or any other labor organization of their employees , or because of their failure 358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to become or remain members of I. E. U. Local 71-1, or any other labor organization of their employees; . (f) Refusing to recognize and bargain collectively with Lumber and Sawmill Workers Union, Local No. 2574, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, as the exclusive representative, of all the production and maintenance employees, exclusive of super- visory and clerical employees, employed-by-the respondents,-in and about their mill and logging operations at and near Jasper, Oregon, until such time as a majority of such employees shall designate a dif- ferent collective bargaining representative or representatives. (g) In any other manner interfering with, restraining or coercing their employees 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 ac- tivities for the purpose of collective bargaining or other mutual aid or protection as guaranteed under Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withold all recognition from I. E. U. Local 71-1 as a represen- tative of any of their employees for the purpose of dealing with them concerning grievances, labor disputes, rates of pay, wages, hours of employment, or other conditions of work, and completely disestablish I. E. U. LocalV-1 as such representative; (b) Make whole Thomas Turnbull for any loss he may have suffered by reason of any alleged discrimination against him by the said respondents by the payment to him of the sum of $300 00; (c) Upon request, bargain collectively with Lumber and Sawmill Workers Union, Local 2574, as the exclusive representative of all pro- duction and maintenance employees, exclusive of supervisory and cler- ical employees, employed by the said respondents in and about their mill and logging operations at and near Jasper, Oregon, for the pur- poses of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment until such time as a majority of such employees shall designate' another or different rep- resentative or representatives and such representative or representa- tives demand recognition of the said respondents as such bargaining representative. (d) Post immediately in conspicuous places in and about their plant and logging operations at and near Jasper, Oregon, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to their employees stating that (1) they will cease and desist in the manner set forth in paragraphs 1 (a) to (g), inclu- sive, of this Order and (2) they will take the affirmative action set forth in paragraphs 2 (a) to (c), inclusive. F. A. HILLS & F . A. GRAHAM 359 (e) Notify the Regional Director for the Nineteenth Region in writing within ten days of the date of this order what steps they have taken to comply therewith. B The respondent Willamette Valley Lumber Operators Association, Eugene, Oregon, its officers, agents , successors , and assigns, shall : 1. Cease and desist from : (a) Interfering with the administration of I. E. U. Local 71-1, or the formation or administration of any other labor organization.; (b) Giving effect to any contract it may have entered into with I. E. U. Local 71-1, or with the I. E. U. affecting I. E. U. Local 71-1 concerning wages, hours, and working conditions , whether it be a contract in existence at the time of the issuance of the complaint in this case or one entered into subsequent to the issuance of the complaint. (c) In any manner interfering with, restraining or coercing the employees of its members in the exercise of their rights to self-organiza- tion, 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 purposes of collective bargaining or other mutual aid or protection , as guaranteed in Section 7 of the Act. 2. Take the following affirmative ,action, which the Board finds will effectuate the policies of the Act : (a) Immediately notify, in writing, all of its members that it will cease and desist in the manner set forth in paragraphs 1 (a), (b), and (c) of this Order; (b) Notify the Regional Director for the Nineteenth Region, in writing, within ten (10 ) days - from the date of this Order what steps it has taken to .comply therewith.