Jones Lumber Company

National Labor Relations Board - Board Decisions

Apr 11, 1939

12 N.L.R.B. 204 (N.L.R.B. 1939)

In the Matter of JONES LUMBER COMPANY and LUMBER & SAWMILL
WORKERS LOCAL UNION, No. 3, INTERNATIONAL WOODWORKERS OF
AMERICA, AFFILIATED WITH THE C. I. O.
Case No. C-1080.-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 Jones Lumber Company, Portland, Oregon, herein
called the respondent, alleging that the respondent had engaged in
and was engaging in unfair labor practices affecting 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 vari-
ous other acts, interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
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.,
12 N. L. R. B., No. 29.
204
JONES LUMBER COMPANY 205
Attorney, National Labor Relations Board, Nineteenth Region;
Jones Lumber Company by and through its attorneys, Charles
E. McCulloch, and Philip Chipman;
WrrNESSETH :
WHEREAS, upon charges duly filed by Local No. 3, International
Woodworkers of America, affiliated with the C. I. 0., the Na-
tional Labor Relations Board, by the Regional Director for the
Nineteenth Region, acting pursuant to authority granted in Sec-
tion 10 (b) of the National 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
existing 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 manufac-
tures, to wit ; approximately seventy per cent thereof, to be sold,
shipped, and transported to, into, and through States of the
United, States other than the State of Oregon. Forty 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.
Two 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.
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
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 re-
spondent 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
coercing its employes in the exercise of their rights to self-
organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of their own choos-
ing, and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection as guar-
anteed 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 super-
visory officials in any way to make representations in any respect
reflecting or purporting to reflect the attitude of the employer
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.
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
JONES LUMBER COMPANY 207
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. Two 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 70 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. Forty
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,
Oregon, 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. 0., 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) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Jones Lumber Company, Portland, Oregon, shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining, or coerc-
ing 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-
'Matter of Jones Lumber Company, West Oregon Lumber Company, Clark & Wilson
Lumber Company, B. F. Johnson Lumber Company, Portland Lumber Mills , Inman-
Poulsen Lumber Company, and Eastern & Western Lumber Company and Columbia Raver
District Council of Lumber and Sawmill Workers ' Urion No 5, etc, et at, 3 N L R B
855 (Decided October 21, 1937 )
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 prom-
inent place in its Portland, Oregon, plant, for a period of thirty (30)
days after receipt thereof, a copy of this Order.