Eastern Western Lumber Company

National Labor Relations Board - Board Decisions

Apr 11, 1939

12 N.L.R.B. 184 (N.L.R.B. 1939)

In the Matter of EASTERN WESTERN LUMBER COMPANY and LUMBER
AND SAWMILL WORKERS , LOCAL No. 3, INTERNATIONAL WOODWORKERS
or AMERICA , AFFILIATED WITH THE C. I. O.
Case No. C-1076.-Decided April 11, 1939
Lumber Industry-Settlement: stipulation providing for compliance with the
Act-Order: entered on stipulation.
Mr. G. L. Patterson and Mr. Thomas P. Graham, Jr., for the
Board.
Mr. Philip Chipman and Mr. Charles E. McCulloch, of Portland,
Oreg., for the respondent.
Mr. Albert J. Hoban, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Lumber and Sawmill Workers, Local
No. 3, International Woodworkers of America, affiliated with the
C. I. 0., herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Nineteenth Region (Seattle, Washington), issued its complaint dated
November 26, 1938, against Eastern Western Lumber Company, Port-
land, Oregon, herein called the respondent, alleging that the respond-
ent had engaged in and was engaging in unfair labor practices af-
fecting commerce within the meaning of Section 8 (1) and Section 2
(6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. Copies of the complaint and notice of hearing thereon
were duly served upon the respondent and the Union.
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent by permitting its foremen and super-
visory employees to discourage membership in the union and by
various other acts, interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act.
12 N. L. R. B., No. 25.
184
EASTERN WESTERN LUMBER COMPANY 185
On November 29, 1938, the respondent and counsel for the Board
entered into a stipulation in settlement of the case. The stipulation
provided as follows :
This stipulation made and entered into by and between G. L.
Patterson, Regional Attorney, and Thomas P. Graham, Jr., At-
torney, National Labor Relations Board, Nineteenth Region,
and Eastern Western Lumber Company by and through its at-
torneys, Charles E. McCulloch, and Philip Chipman;
WITNESSETH :
WHEREAS, upon charges duly filed by Local No. 3, Interna-
tional Woodworkers of America, affiliated with the Committee
for Industrial Organization, the National Labor Relations
Board, by the Regional Director for the Nineteenth Region, act-
ing pursuant to authority granted in Section 10 (b) of the Na-
tional Labor Relations Act, (49 Stat. 449), and its Rules and
Regulations, Series 1, as amended, Article IV, Section 1, issued
its complaint on the 26th day of November, 1938, against the
respondent herein.
Now THEREFORE, it is stipulated, admitted, and agreed as
follows :
I.
That the respondent is a corporation organized under and ex-
isting by virtue of the laws of the State of Oregon, having its
principal place of business and office at Portland, Oregon. The
respondent is engaged in the manufacture and sale of lumber
and wood products.
II.
That the respondent in the course and conduct of the opera-
tions of its plant at Portland, Oregon, causes and has continu-
ously caused large quantities of the products which it manu-
factures, to wit ; approximately eighty-five per cent thereof, to
be sold, shipped, and transported to, into, and through States
of the United States other than the State of Oregon. Eighty
per cent of the total products sold by the respondent in States
other than the State of Oregon arrive in those States without
reloading from barge, railroad car, or truck.
III.
Ten per cent of the logs used by the respondent in its opera-
tions at its Portland, Oregon plant are shipped from the State
of Washington to the respondent's plant in Portland, Oregon.
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV.
Local No. 3, is a labor organization as defined in Section 2,
subsection (5) of the Act.
V.
Upon the basis of this stipulation the respondent, while deny-
ing that it has violated in the past, or is now violating any of
the terms or provisions of the National Labor Relations Act,
hereby expressly waives the right to a hearing, expressly waives
the making of findings of fact and conclusions by the Board,
and expressly consents that an order may be entered by the
Board; and upon application by the Board, without notice to
the respondent of the filing of a petition by the Board, which
notice the respondent hereby expressly waives, the respondent
further expressly consents that the Circuit Court of Appeals
for the appropriate Circuit may enter a decree enforcing the
order of the Board ordering that;
(1) The respondent will cease and desist as follows :
(a) From in any manner interfering with, restraining, or co-
ercing its employes in the exercise of their rights to self-organi-
zation, 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) From discouraging membership in Local No. 3, or in any
other labor organization of its employes, by discharging, threat-
ening to discharge, or by refusing or threatening to refuse to hire
any of its employes for joining or maintaining membership in
Local No. 3, or any other labor organization of its employes.
(c) From permitting its foremen, overseers, and other su-
pervisory officials in any way to make representations in any
respect reflecting or purporting to reflect the attitude of the em-
ployer toward membership in any labor organization.
(d) From discriminating in any manner against any of its
employes in regard to hire or tenure of employment, or any
terms or conditions of employment, for joining Local No. 3, or
any other labor organization of its employes.
(2) The respondent shall take the following affirmative action
to effectuate the policies of the National Labor Relations Act.
(a) Immediately post and keep visible in a conspicuous and
prominent place in its Portland, Oregon plant, for a period of
thirty days after receipt thereof, a copy of the order to be
entered by the National Labor Relations Board and to be made
herein.
EASTERN WESTERN LUMBER COMPANY 187
This stipulation is subject to the approval of the National
Labor Relations Board after submission to the Board in Wash-
ington, D. C.
On December 7, 1938, the Board issued its order approving the
above stipulation making it part of the record in the case, and, acting
pursuant to Article II, Section 37, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, further ordered that
the proceeding be transferred to and continued before the Board for
the purpose of entry of a decision and order pursuant to the provi-
sions of the stipulation.
On the basis of the above stipulation and upon the entire record
in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, an Oregon corporation having its principal office
and place of business at Portland, Oregon, is engaged in the manu-
facture and sale of lumber and wood products. Ten per cent of the
logs used by the respondent in the operation of its Portland, Oregon,
plant are shipped to it from the State of Washington. Approxi-
mately 85 per cent of the products manufactured by the respondent
at said plant are sold, shipped, and transported to, into, and through
States of the United States other than the State of Oregon. Eighty
per cent of the total products sold by the respondent in States other
than the State of Oregon arrive in those States without reloading
from barge, railroad, or truck.
We find that the operations of the respondent at its Portland, Ore-
gon, plant constitute a continuous flow of trade, traffic, and commerce
among the several States.'
H. THE UNION
Lumber and Sawmill Workers, Local No. 3 , International Wood-
workers of America, affiliated with the C. I. O., is a labor organiza-
tion admitting to membership employees of the respondent at its
Portland , Oregon , plant.
ORDER
On the basis of the above findings of fact and stipulation, and
upon the entire record in the case, and pursuant to Section 10 (c)
' Matter of Jones Lumber Company, West Oregon Lumber Company, Clark & Wilson
number Company, B. F. Johnson Lumber Company, Portland Lumber Mills , Inman-Poulsen
Lumber Company, and Eastern & Weste,n hcmber Company and Columbia Rs er District
Council of Lumber and Sawmill Workers ' Union No. 5, etc, et at , 3 N. L R B 855
(Decided October 21, 1937 )
188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that Eastern Western Lumber Company, Port-
land, Oregon, shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining, or coercing
its 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 con-
certed 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) From discouraging membership in Local No. 3, or in any other
labor organization of its employees, by discharging, threatening to
discharge, or by refusing or threatening to refuse to hire any of its
employees for joining or maintaining membership in Local No. 3, or
any other labor organization of its employees ;
(c) From permitting its foremen, overseers, and other supervisory
officials in any way to make representations in any respect reflecting
or purporting to reflect the attitude of the employer toward member-
ship in any labor organization;
(d) From discriminating in any manner against any of its em-
ployees in regard to hire or tenure of employment, or any terms or
conditions of employment, for joining Local No. 3, or any other
labor organization of its employees.
2. The respondent shall take the following affirmative action to
effectuate the policies of the National Labor Relations Act :
(a) Immediately post and keep visible in a conspicuous and promi-
nent place in its Portland, Oregon, plant, for a period of thirty (30)
days after receipt thereof, a copy of this Order.