Meadow Valley Lumber Co.

National Labor Relations Board - Board Decisions

Jun 6, 1938

7 N.L.R.B. 702 (N.L.R.B. 1938)

In the Matter Of MEADOW VALLEY LUMBER COMPANY , A CORPORATION
and LUMBER AND SAWMILL WORKERS LOCAL UNION 53 OF INTER-
NATIONAL WOODWORKERS OF AMERICA
Case No. C-531.-Decided June 6, 1938
Lumber Industry-Settlement: agreement to reinstate employees , give back
pay, and otherwise comply with Act-Order: entered on stipulation.
Mr. John P. Jennings, for the Board.
Breed, Burpee rf Robinson, by Mr. Harold C. Holmes, Jr., of Oak-
land, Calif., and Mr. Stanley C. Young, of Quincy, Calif., for the
respondent.
Mr. Richard Meigs, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges and amended charges duly filed by Lumber and
Sawmill Workers' Local Union 53 of International Woodworkers of
America, herein called the Union, the National Labor Relations
Board, herein called the Board, by Alice M. Rosseter, Regional Direc-
tor for the Twentieth Region (San Francisco, California), issued its
complaint, dated October 5, 1937, against Meadow Valley Lumber
Company, a California corporation, Gray's Flat, Plumas County,
California, herein called the respondent, alleging that the respondent
had engaged in and was engaging in unfair labor practices within
the meaning of Section 8 (1), (2), and (3) 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, upon the Union, and upon the
Brotherhood of Independent Woodworkers, herein called the B. I. W.,
a labor organization alleged in the complaint to be dominated by
the respondent.
On October 18, 1937, the respondent filed an answer (1) praying
for a dismissal of the complaint on two separate grounds, (2) denying
the alleged unfair practices, and (3) setting forth certain affirmative
matters.
702
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DECISIONS AND ORDERS 703
Pursuant to the notice, a hearing was held at Quincy, California,
from October 18 to October 21, 1937, before P. H. McNally, the Trial
Examiner duly designated by the Board. The Board and the re-
spondent were represented by counsel and participated in the hearing.
Although the B. I. W. was served with a copy of the complaint and
notice of hearing, it did not_ intervene in the proceeding. Its presi-
dent, Carlton Pepper, and several other of its officers appeared as
witnesses for the Board and the respondent. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties.
At the commencement of the hearing, the respondent made two
separate motions to dismiss the complaint on the grounds that the
respondent was not engaged in interstate commerce and that the com-
plaint failed to state an unfair labor practice. The respondent also
moved to strike from the complaint all reference to the discharge of
Edwin G. Gilbert on the ground that the issue between the respond-
ent and Gilbert is res adjudicata; having been determined by a
judgment of the Superior Court of the State of California in and
for the County of Plumas. The Trial Examiner denied each of the
motions. These rulings are hereby affirmed., At the close of the
Board's case and also at the close of the hearing the respondent made
a motion to dismiss the complaint as a whole and numerous motions
to dismiss particular parts of the complaint. The Trial Examiner
denied a number of these motions, including the motion to dismiss
the entire complaint. These rulings are hereby affirmed. On other
motions he reserved rulings until the issuance of his Intermediate
Report. A large number of other motions and objections to the
admission of evidence were made during the course of the hearing,
both by counsel for the respondent and by counsel for the Board.
The Trial Examiner ruled on a number of these motions and objec-
tions at the hearing and reserved decision on ,the remainder for dis-
position in his Intermediate Report. The Trial Examiner's rulings
at the hearing are hereby affirmed. Subsequent to the hearing,
counsel for the Board, by a letter dated November 11, 1937, filed with
the Trial Examiner a motion to amend the complaint to conform
to the evidence, copies of which were duly served upon the respond-
ent and upon the B. I. W. By a letter dated November 13, 1937,
addressed to the Trial Examiner, the respondent objected to the
motion, except as to a particular portion thereof. On March 28,
1938, the Trial Examiner filed his Intermediate Report, (1) granting
the motion of counsel for the Board to amend the complaint to con-
form to the evidence, (2) granting the respondent's motion to dismiss
that portion of the complaint which alleged discriminatory discharges
of Claude Schraeder, Ralph Yenawine, and Lloyd Blan, because of
704 NATIONAL LABOR RELATIONS BOARD
failure of proof, (3) denying all of the respondent's other motions
upon which rulings had been reserved, (4) finding that the respond-
ent had engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Section 8 (1), (2), and
(3) and Section 2 (6) and (7) of the Act, and (5) recommending
in substance that the respondent cease and desist from its unfair
labor practices and, affirmatively, offer full reinstatement with back
pay to three named individuals, make whole two other named
individuals, and withdraw recognition from and disestablish the
B. I. W. No exceptions to the Intermediate Report were filed by
the respondent, although the time for doing so was extended by. the
Board upon the respondent's request. The Board has reviewed the
rulings of the Trial Examiner on motions and on objections to the
admission of evidence and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
On May 9, 1938, the Board and the respondent, by their respective
counsel, and the Union, by its president, entered into a stipulation
subject to the approval of the Board, setting forth the nature of
the respondent's business and authorizing the Board to issue an
order against the respondent in accordance with the terms of the
stipulation. The Board hereby approves the stipulation.
Upon the basis of the above-mentioned stipulation and upon the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a California corporation with a principal office
for corporate purposes in Oakland, California. The respondent is
engaged chiefly in the manufacture of timber products. It carries
on logging and sawmill operations at Spanish Ranch, . Plumas
County, California, from which place the lumber is transported by
aerial tramway to the drying yards, planing mill, and box factory
at Gray's Flat, a distance of 51/2 miles.
In 1936 the respondent sold 13,735,452 feet of lumber, amounting
in value to $320,022.34. Approximately 41 per cent of this sum
represented sales made outside the State of California. For the
period extending from January to August 1937, the respondent sold
10,137,534 feet of lumber amounting in value to $233,999.38. Ap-
proximately 15 per cent of this sum represented sales made outside
the State. Approximately 11 per cent of the value of the total sales
designated by the respondent as having been made within the State
of California are made to the White Pine Lumber Distributors Corp.,
a Nevada corporation doing business in Reno, Nevada. 'As to these
DECISIONS AND ORDERS 705
sales, title passes to the Nevada corporation at the respondent's
mill, and subsequently the lumber thus sold is transported to that
corporation in Reno, Nevada.
The method by which the respondent solicits business consists of
mailing price lists to various lumber buyers, some of whom are in
business in States other than California.
The business of the respondent is seasonal, and therefore, the
number of employees varies from time to time. At the height of the
season the respondent employs approximately 40 persons at Spanish
Ranch and 70 persons at Gray's Flat.
II. THE BASIS OF THE SETTLEMENT
The stipulation between the Board, the respondent, and the Union
provides as follows :
It is hereby stipulated and agreed by and between the parties
to the above-entitled proceeding as ' follows :
That the National Labor Relations Board may enter an order
against the respondent, Meadow Valley Lumber Company, on
the following terms, to wit :
1. That the respondent Meadow Valley Lumber Company and
its officers, agents, successors, and assigns shall cease and desist :
(a) From interfering with, restraining, or coercing 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 and protection;
(b) From discouraging membership in Lumber and Sawmill
Workers' Local Union No. 53 of the International Woodworkers
of America (formerly known as United Workers, Local Indus-
trial Union No. 38), or any other labor organization, by discrim-
ination in regard to hire and tenure of employment, or any term
or condition of employment;
(c) From dominating or interfering with the administration
of Brotherhood of Independent Woodworkers, or any other
labor organization;
(d) From contributing financial or other support to the
Brotherhood of Independent Woodworkers, or any other labor
organization.
2. That the respondent take the following affirmative action
which the Board finds will effectuate the policies of the Act:
(a) Offer employment, in their former respective positions,
without prejudice to their seniority and other rights and priv-
ileges, to Edwin G. Gilbert, W. G. Gilbert, and R. C. McCarthy.
706 NATIONAL LABOR RELATIONS BOARD
who have not had substantially equivalent employment elsewhere,
replacing, if necessary, persons of less seniority, hired by re-
spondent on or about July 19, 1937, or subsequent thereto ;
(b) Make whole Edwin G. Gilbert, W. G. Gilbert, and R. C.
McCarthy for any losses of pay they have suffered by reason of
the respondent's discriminatory acts, by payment to each of
them of a sum of money equal to that which he would normally
have earned as wages from the date of his discharge to the date of
the respondent's offer of reinstatement, less any 'amounts earned
by him during that period, which sums shall be as follows: To
R. C. McCarthy, the sum of $150.00, and to Edwin G. Gilbert and
W. G. Gilbert, jointly, the sum of $682.80 cash at present, and the
sum of $1,000.00 on October 15, 1938;
(c) Make whole J. M. Leahy for any losses of pay he has suf-
fered by reason of the respondent's discriminatory acts, by pay-
ment to him of a sum of money equal to that which he would
normally have earned as wages from the date of his discharge
to August 6, 1937, the date he had substantially equivalent em-
ployment at Loyalton, California, less any amounts earned by
him during that period, which amount is found to be the sum
of $67.20;
(d) Make whole C. W. Hayden for any losses of pay he has
suffered by reason of the respondent's discriminatory acts, by
payment to him of a sum of money equal to that which he would
normally have earned as wages from the date of his discharge
to October 18, 1931, the date he had substantially equivalent
employment with the Renz Construction Company, less any
amounts earned by him during that period, which is found to be
the sum of $100.00;
(e) Withdraw all recognition from Brotherhood of Independ-
ent Woodworkers as a representative of its employees for the
purpose of dealing with the respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or con-
ditions of work, disestablish all relations with it, and disestablish
the Brotherhood of Independent Woodworkers;
(f) Post within ten (10) days from the date of this order,
on the company bulletin board in front of the "Gray's Flat"
office building, a notice in writing setting forth in detail:
(1) That respondent will cease and desist in the manner
aforesaid;
(2) That Brotherhood of Independent Woodworkers is dis-
-established as the representative of any of its employees for
the purpose of dealing with it with respect to grievances, labor
disputes, wages, rates of pay, hours of employment, and con-
DECISIONS AND ORDERS 707
ditions of work, and that it will refrain from any recognition
thereof;
(3) That its employees are free to join Lumber and Saw-
mill Workers' Local Union No. 53 of International Woodwork-
ers of America (formerly known as United Woodworkers
L. I. U. No. 38), if they choose.
(g) Maintain such notices for at least thirty (30) consecutive
days from the date of posting;
(h) File with the Regional Director of the Twentieth Region,
1095 Market Street, San Francisco, California, on or before ten
(10) days after receipt of this order, a report in writing setting
forth, in detail, the manner and form in which respondent has
complied with the foregoing requirements.
3. The respondent expressly consents and agrees that an en-
forcement order embodying the terms of the order above stipu-
lated to be entered by the National Labor Relations Board may
be entered by the appropriate United States Circuit Court of
Appeals upon petition of the Board as provided in Section 10 (e)
of the National Labor Relations Act.
4. It is expressly understood and agreed that this stipulation
is subject to the approval of the National Labor Relations Board.
ORDER
Upon the basis of the above 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 the respondent, Meadow Valley Lumber Company, Gray's Flat,
Plumas County, California, its officers, agents, successors, and assigns
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, or 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 Act;
(b) From in any manner discouraging membership in Lumber and
Sawmill Workers' Local Union No. 53 (formerly known as United
Woodworkers' Local Industrial Union No. 38), or any other labor
organization by discrimination in regard to hire and tenure of employ-
ment, or any term or condition of employment;
(c) From dominating or interfering with the formation or admin-
istration of Brotherhood "of Independent Woodworkers, or any other
708 NATIONAL LABOR RELATIONS BOARD
labor organization of its-employees, or contributing support to any
such labor organizations.
- 2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to Edwin G. Gilbert, W. G. Gilbert, and R. C. McCarthy
immediate and full reinstatement to their former positions, without
prejudice to their seniority and other rights and privileges, replac-
ing, if necessary, persons of less seniority, hired by the respondent
on or about July 19, 1937, or subsequent thereto ;
(b) Make whole said Edwin G. Gilbert, W. G. Gilbert, and R. C.
McCarthy for any losses of pay they have suffered by reason of the
respondent's discriminatory acts, by payment to each of them, a sum
of money equal to that which he would normally have earned as wages
during the period from the date of his discharge to the date of the
respondent's offer of reinstatement less any amounts earned by him
during that period, which sums shall be as follows : To ' R. C. Mc-
,Carthy, the sum of $150.00, and to Edwin G. Gilbert and W. G.
,Gilbert, jointly, the sum of $682.80 cash at present, and the sum of
$1,000.00 on October 15, 1938;
(c) Make whole J. M. Leahy for any losses of pay he has suffered
by reason of the respondent's discriminatory acts, by payment to him
'of a sum of money equal to that which he would normally have earned
as wages during the period from the date of his discharge to August
6, 1937, the date he obtained substantially equivalent employment at
Loyalton, California, less any amounts earned by him during that
period, which amount is found to be the sum of $67.20;
(d) Make whole C. W. Hayden for any losses of pay he has suffered
'by reason of the respondent's discriminatory acts, by payment to him
'of a sum of money equal to that which he would normally have earned
as wages during the period from the date of his discharge to October
18, 1937, the date he obtained substantially equivalent employment
,with the Renz Construction Company, less any amounts earned by him
during that period, which amount is found to be the sum of $100.00;
(e) Withdraw all recognition from Brotherhood of Independent
Woodworkers as representative of any of its employees for the pur-
pose of dealing with the respondent concerning grievances, labor dis-
-putes, wages, rates of pay, hours of employment, or conditions of
work; and completely disestablish said Brotherhood of Independent
Woodworkers as such representative;
(f) Post within ten (10) days from the date of this order a notice
,on the company bulletin board in front of the Gray's Flat office
building and maintain such notice for a period of thirty (30) consecu-
tive days, stating (1) that the respondent will cease and desist in the
;manner aforesaid, (2) that the respondent will withdraw all recogni-
DECISIONS AND ORDERS 709
tion from Brotherhood of Independent Woodworkers as the repre-
sentative of any of its employees for the purpose of dealing with the
respondent concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work, and that Brotherhood
of Independent Woodworkers is disestablished as such representative,
and (3) that its employees are free to join Lumber and Sawmill
Workers' Local Union No. 53 of International Woodworkers of
America (formerly known as United Woodworkers' Local Industrial
Union No. 38), if they so chose;
(g) .File with the Regional Director for the Twentieth Region, 1095
.Market Street, Sail Francisco, California, on or before ten (10) days
after receipt of this order, a report in writing setting forth, in detail,
the manner or form in which the respondent has complied with the
foregoing requirements.
And it is further ordered that the complaint, in so far as it alleges
that the respondent discharged Ralph Yenawine, Lloyd E. Blan, and
Claude Schraeder, and as it alleges that the respondent has refused
to reemploy Wilbur Wixom, and said Ralph Yenawine, Lloyd E.
Blan, and Claude Schraeder, be, and it is hereby, dismissed.