Portland Lumber MIlls Company

National Labor Relations Board - Board Decisions

Apr 11, 1939

12 N.L.R.B. 199 (N.L.R.B. 1939)

In the Matter of PORTLAND LUMBER MILLS COMPANY and LUMBER
AND SAWMILL WORKERS LOCAL UNION, No. 3, INTERNATIONAL
WOODWORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. C-1079.-Decided April 11, 193.9
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 Portland Lumber Mills Company, Port-
land, Oregon, herein called the respondent, alleging that the respond-
ent had engaged in and was engaging in unfair labor practices affect-
ing 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. 28.
199
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.,
Attorney, National Labor Relations Board, Nineteenth Region,
and Portland Lumber Mills 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
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 re-
spondent herein;
Now THEREFORE, it is stipulated, admitted, and agreed as
follows :
1.
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 manu-
factures, to wit; approximately 75 per cent thereof, to be sold,
shipped, and transported to, into, and through States of the
United States, other than the State of Oregon. Seventy 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.
III.
Local No. 3, is a labor organization as defined in Section 2,
subsection (5) of the Act.
IV.
Upon the basis of this stipulation the respondent , while deny-
ing that it has violated in the past, or is now violating any of
PORTLAND LUMBER MILLS COMPANY 201
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
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 Relations Act.
(b) From discouraging membership in Local No. 3, or in
any other labor organization of its employes, by discharging,
threatening to discharge, or by refusing or threatening to re-
fuse 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 re-
spect 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 ac-
tion 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
Washington, 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, act-
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing 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
provisions 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
1. THE BUSINESS OF THE RESPONDENT
The respondent, an Oregon corporation having its principal of-
fice and place of business at Portland, Oregon, is engaged in the
manufacture and sale of lumber and wood products. Approxi-
mately 75 per cent of the products manufactured by the respondent
at its Portland, Oregon, plant are sold, shipped, and transported to,
into, and through States of the United States other than the State
of Oregon. Seventy per cent of the total products sold by the re-
spondent 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 com-
merce among the several States.'
II.. 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 Portland Lumber Mills 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
' Matter of Jones Lumber Company, West Oregon Lumber Company , Clark d Wilson
Lumber Company , B. F. Johnson Lumber Company , Portland Lumber Mills, Inman-
Paulsen Lumber Company , and Eastern eC Western Lumber Company and Columbia River
District Council of Lumber and Sawmill Workers ' Union No 5, etc , et at, 3 N L R B
855. (Decided October 21, 1937.)
PORTLAND LUMBER MILLS COMPANY 203
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 employees, by discharging, threaten-
ing 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 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 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.