Landreth Brothers Lumber Co.

In the Matter of LANDRETH BROTHERS LUMBER COMPANY and LUM- BER AND SAWMILL WORKERS UNION LOCAL No. 2941, CHARTERED BY UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-°021.Decided December 16, 1941 Jurisdiction : lumber and lumber products manufacturing industry. Settlement : stipulation providing for compliance of the Act. Remedial Orders : entered on stipulation. Mr. Harry George, for the Board. Mr. G. R. Landreth, of Republic, Wash., for the respondent. Mr. M. J. Bayley, of Spokane, Wash.; for the Union. Mr: Eugene R. Thorrens, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge duly filed by Lumber and Sawmill Work- ers Union, Local No. 2941, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Nineteenth Region (Seattle, Washington), issued its complaint dated November 13, 1941, against Landreth Brothers Lumber Com- pany, Wenatchee and Republic, Washington, herein called the re- spondent, alleging that the respondent had engaged in and was engag- ing in unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5) 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 notice of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance : (1) that on certain named dates the respondent terminated the employment of Lloyd W. Smith, Clifford Loughary, Clarence Hammond, and Lawrence Gent, and thereafter refused to reinstate 37 N. L. R. B., No. 108. 674 LANDRETH BROTHERS LUMBER COMPANY 675 them, because of their membership in and activities on behalf of the Union; (2) that on or about May 31, 1941,, and thereafter, the re- spondent refused to bargain collectively with the Union as the exclu- sive reprsentative of its employees within an appropriate bargaining unit; and (3) that by these and other specified acts the respondent interfered with, restrained, and coerced,its employees in the exercise of the rights guaranteed in Section 7 of the Act. On November 19, 1941, prior to the scheduled hearing in the case,' the respondent, the Union, and an attorney for the Board, entered into a stipulation, subject to the approval of the Board, in settlement of the case. The stipulation provides as follows : - An amended charge having been filed by Lumber and Sawmill Workers Union, Local No. 2941, chartered by United Brother- hood of Carpenters and Joiners of America, affiliated with the American Federation of Labor (herein called the "Union"), with the Regional Director of the National Labor Relations Board (herein called the "Board") for the Nineteenth Region, at Seattle, Washington, on Se'htember 161, 1941, alleging that Landreth Brothers Lumber Company, a corporation (herein called the "Respondent"), has engaged in and is engaging in unfair labor practices within the meaning of Section 8, subsections (1), (3) and (5) of the National Labor Relations Act (herein called the "Act") ; the Board, through its Regional Director, having issued and served a complaint stating the- charges, service of which is hereby acknowledged by the parties; and it being the ' desire of the parties to conclude all proceedings before the Board in this case. Now, therefore, it is hereby stipulated and agreed by and between the parties hereto that, I Respondent has been since 1928 a corporation organized under and existing by virtue of the laws of the State of Washington with its principal office and, place of business located at Wenatchee, Washington, and, has been and now is engaged in the production and manufacture of lumber and lumber products; Respondent operates a sawmill and planing mill and box factory at Wenat- chee, Washington, and a sawmill and logging camp at Republic, Washington; Respondent produced in 1940 approximately 8,360,- 000 board feet -of lumber and a similar amount in 1941 at its Republic operation, approximately 90 per cent of which has been ' On November 21, 1941, the Regional ' Director postponed the hearing , originally sched- uled for November 27, 1941, until further notice. 676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and is sold, shipped, and transported in interstate commerce from its plant at Republic, Washington, to purchasers in States of the United States other than the State of Washington ; II. Respondent admits that it is engaged in interstate commerce within the meaning of the Act; III The Union has been and now is a labor organization within the meaning of Section 2, subsection (5) of the Act; IV - All of Respondent's employees employed in its sawmill and logging operations at Republic, Washington, exclusive of super- visory and office employees, constitute a unit appropriate to insure to the employees the full benefits of their right to self- organization and to bargain collectively and otherwise to effec- tuate the policies of the Act within the meaning of Section 9, subsection (b) of the Act; V On or about May 31, 1941, and at all times thereafter, a majority of Respondent's employees within the appropriate unit alleged in Paragraph IV above have designated the Union as their exclusive agent for the purposes of collective bargaining; VI Without hearing and other procedure before the Board to which the parties may be entitled under the Act or the Rules and Regulations of the Board, the Board may, upon the basis of the amended charge, the complaint, and this stipulation, enter the following order- "The Respondent Landreth Brothers Lumber Company, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in Lumber and Sawmill Work- ers Union, Local No. 2941, chartered .by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, or any other labor organization of its em- ployees, by discharging, laying off, demoting, refusing to hire, or reemploy or reinstate any of its employees or prospective employees or in any manner discriminating in regard to their LANDRETH BROTHERS LUMBER COMPANY 677 hire or tenure of employment because of their membership in or- activities in behalf of any such labor organization; (b) In any other manner interfering with, restraining or co-- ercing-its employees in- the exercise of the rights to self-organiza- tion, to form, join or assist labor organizations, to bargain col-- lectively 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 in Section 7 of the National Labor Relations Act; and (c) Refusing to bargain collectively with Lumber and Sawmill. Workers Union, Local No. 2941, chartered by United Brother-- hood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, as the exclusive representatives, of all the employees of Landreth Brothers Lumber Company at its sawmill and logging operations at and near Republic,. exclusive of supervisory- and office employees. 2. Take the following affirmative action which the Board finds, will effectuate the policies of the Act; (a) Immediately post in conspicuous places in and about the plant of the Landreth Brothers Lumber Company, at Republic, Washington, and at its logging camp located near Republic, Washington, and maintain for at least sixty (60) consecutive days from the date of posting, a notice to its employees in the form attached hereto, marked exhibit A, and by this reference: made a part hereof; 2 (b) Notify the Regional Director for the Nineteenth Region, in writing within ten (10) days from the date of this, Order what steps the Respondent has taken to comply herewith; (c) Respondent shall offer to Lloyd W. Smith, Clifford- Loughary, Lawrence Gent, and Clarence Hammond, immediate. employment in the same position or in a position substantially similar to that occupied by each of them when last working for Landreth Brothers Lumber Company immediately prior to May 3, 1941, without prejudice to their seniority or other rights and privileges; (d) Make whole Lloyd W. Smith, Clifford Loughary, Law- rence Gent, and Clarence Hammond, for any loss of pay they may have suffered by reason of the Respondent's discrimination, by payment to each of them a sum of money equal to that which he would normally have earned as wages from the date of their- respective discharges to the (late of offer of reinstatement, less, his net earnings during this period; and z The notice is hereinafter set forth in Appendix A. 433257--42- roL. 37-44 ,678 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (e) Upon request bargain collectively with Lumber and Saw- mill Workers Union, Local No. 2941, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, as the exclusive repre- sentative of the employees of Landreth Brothers Lumber Com- pany employed at its sawmill and logging operation at and near Republic, Washington, exclusive of supervisory and office em- ployees, in respect to rates of pay, wages, hours of employment, and other conditions of employment, and if an agreement is reached on any of such matters, upon request, embody such agreement in a written contract to be signed by the parties;" 3. The amended charge, complaint and affidavit of service thereof referred to herein and this stipulation shall constitute the entire record in the above entitled matter and the said docu- ments shall be entered in the record herein by filing with the -Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. All parties hereto expressly waive their rights to a hearing in this matter and to appear in person or -otherwise to examine or cross-examine witnesses -(as provided in Section 10 (b) of the National Labor Relations Board Rules and Regulations, Series 2, as amended), and all of the parties ex- pressly waive the making of Findings of Fact and Conclusions 'of Law by the National Labor Relations Board; 4. The parties hereto and each of them expressly consent and agree that upon application by the National Labor Relations Board a decree enforcing the order of the Board in this matter may be made and entered by the United States Circuit Court of Appeals for the Ninth Circuit without notice to any of the said parties, and the parties and each of them expressly waive their rights to contest such application or to object to the entry of such decree and expressly waive their right to be notified of such application; 5. The entire agreement between the parties hereto is contained -within the terms of this stipulation and there is no verbal or other agreement of any kind or nature which varies, alters, or adds to it; 6. The execution of this stipulation and entry of the decree referred to in Paragraph 5 hereof shall conclude all proceedings before the Board in the within case; and 7. It is further 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. LANDRETH. BROTHERS LUMBER COMPANY 679 On December 4, 1941, the Board issued an order approving the stipulation, making it a part of the record, and pursuant to Article II, Section 36; of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferred the proceeding to the Board for the purpose of entry of a Decision and Order 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: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, a Washington corporation having its principal office and place of business at Wenatchee, Washington, is engaged in the production and manufacture of lumber and, lumber products, operating a sawmill and planing mill and box factory at Wenatchee, and a sawmill and logging camp at Republic, Washington. During each of the years 1940 and 1941, the respondent produced' approxi- mately 8,360,000 board feet of lumber at its Republic sawmill and logging camp, of which it sold and shipped approximately 90 per cent from its plant at Republic, Washington, to purchasers in States of the United States other than the State of Washington. As set forth in the stipulation above, the respondent concedes that it is engaged in interstate commerce within the meaning of the Act. We find that, the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and 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 Landreth Brothers Lumber Company, its officers, agents, successors and assigns , shall : ' 1. Cease and' desist from : (a) Discouraging membership in Lumber and Sawmill Workers Union, Local No. 2941, chartered by United Brotherhood of Carpen- ters and Joiners of America, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging, laying off, demoting, refusing to hire, or reemploy or rein- state any of its employees or prospective employees or in any manner discriminating in regard to their hire or tenure of employment be- cause of their membership or activities in behalf of any such, labor organization; ' . ' 680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) In any other manner interfering with, restraining or coercing its employees in the exercise of the rights to self-organization, 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 purpose of collective bargaining or other mu- tual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; and (c) Refusing to bargain collectively with Lumber and Sawmill Workers Union, Local No. 2941, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Fed- eration of Labor, as the exclusive representatives of all the employees of Landreth Brothers Lumber Company at its sawmill and logging operations at and near Republic, exclusive of supervisory and office employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Immediately post in conspicuous places in and about the plant of the Landreth Brothers Lumber Company, at Republic, Washing- ton, and at its logging camp located near Republic, Washington, and maintain for at least sixty (60) consecutive days from the date of posting, a notice to its employees in the form attached hereto, marked exhibit A , and by this reference made a part hereof ; (b) Notify the Regional Director for the Nineteenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith; (c) Respondent shall offer to Lloyd W. Smith, Clifford Loughary, Lawrence Gent , and Clarence Hammond, immediate employment in the same position or in a position substantially similar to that occu- pied by each of them when last working for Landreth Brothers Lum- ber Company immediately prior to May 3, 1941, without prejudice to. their seniority or other rights and privileges; (d) Make whole Lloyd W. Smith, Clifford Loughary, Lawrence Gent, and Clarence Hammond, for any loss of pay they may have suffered by reason of the respondent's discrimination, by payment to each of them a sum of money equal to that which he would normally have earned as wages from the date of their respective discharges to., the date of offer of reinstatement , less his net earnings during this period; and _(e) Upon request bargain collectively with Lumber and Sawmill porkers Union, Local No. 2941,'chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Fed- eration of Labor, as the exclusive representative of the employees of Landreth Brothers Lumber Company employed at its sawmill and logging operation at and near Republic , Washington , exclusive of LANDRETH BROTHERS LUMBER COMPANY 681 supervisory and office employees , in respect to rates of pay, wages, hours of employment, and other conditions of employment, and if an agreement is reached on any - of such matters, upon request, embody such agreement in a written contract to be signed by the parties. APPENDIX A EXHIBIT 4A" Notice to Employees o l Landreth Brothers Lumber Company: Landreth Brothers Lumber Company, in compliance with an order by the National Labor Relations Board set forth below, states that it will not interfere with its employees in their rights to organiza- tion ; it will not discourage membership in Lumber and Sawmill Workers, Local Union No. 2941; chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, or any other labor organization, by discriminat- ing in any way gainst any of its employees for joining any union or for engaging in union activities. Landreth Brothers Lumber Company will, upon request, bargain ,collectively with Lumber and Sawmill Workers Union, Local No. 2941, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor,, as the exclusive representative of its employees employed at its sawmill and logging operations at Republic, Washington, exclusive of super- visory and office employees, with respect to rates of pay, wages, hours of employment, or other conditions of employment, and if an under- standing is reached on any such matters, embody such understanding in a written contract which shall be signed by the parties. Landreth Brothers Lumber Company wants it definitely under- stood that in the future the said company, its officers, and supervisory staffs, will in no way interfere with its employees' rights to organize. No one will be discharged, demoted, transferred, put on less desirable jobs, laid off, or refused employment because he joined or has joined Lumber and Sawmill Workers Union, Local No. 2941, or any other labor organization. Members of Lumber and Sawmill Workers Union, Local No. 2941, will be treated exactly the same as any other employees. Union membership and union activities will in no way affect the jobs or rights of the Company's employees. Employees are free to join or not join Lumber and Sawmill Workers Union, Local No. 2941, or any other labor organization, except that if the Company and a union representing a majority of its employees agree upon a closed shop contract , the provisions of such contract and of the National Labor Relations Act shall apply. 682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Landreth, Brothers Lumber Company will not attempt to induce local merchants by any means whatsoever to restrict the credit of employees because they have joined Lumber and Sawmill Workers Union, Local No. 2941, or furnish any list of names of union member employees for the purpose of having the same circulated among other employers in the locality. If the Company, its offcers and supervisors, have in the past made statements or taken any action to indicate that its employees were not free to join Lumber and Sawmill Workers Union, Local No. 2941, or any other labor organization, these statements and actions are now withdrawn and the policy outlined in the preceding para- graph shall apply. (Here follows the order of the Board:)