Kingsley Lumber Co.

National Labor Relations Board - Board Decisions

Mar 10, 1939

11 N.L.R.B. 1058 (N.L.R.B. 1939)

In the Matter of KINGSLEY LUMBER COMPANY and LUMBER AND SAW-
MILL WORKERS, LOCAL No. 3, INTERNATIONAL WOODWORKERS OF
AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS
Case No. C-1197.-Decided March 10, 1939
Lumber Industry-Settlement : stipulation providing for compliance with the
Act-Order : entered on stipulation.
Mr. Thomas P. Graham, Jr., for the Board.
Mr. William B. Barton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Lumber and Saw-
mill Workers Union, Local No. 3, herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by Elwyn J.
Eagen, Regional 'Director for the Nineteenth Region (Seattle,
Washington) issued its complaint dated February 10, 1939, against
Kingsley Lumber Company,' 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) and Section 2 (6) and
(7) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. A copy 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 certain of its foremen, at various
times in January, February, and March, 1938, had urged its employees
to give up membership in the Union and had caused certain of its
foremen and supervisory officials to inform the respondent's em-
ployees that if they did not give up union membership "there was
great danger of the employees being discharged by the respondent" ;
I No hearing was ever held in the above matter because of the stipulation settling the
case. Therefore neither the respondent nor the Union ever had occasion to appear by
counsel.
11 N. L. R. B., No. 90.
1058
RINGSLEY LUMBER COMPANY 1059
that on or about March 28, 1938, the respondent resumed operations
in its Portland, Oregon, plant, after a shut-down, and in an attempt
to discourage union membership did urge the remaining members of
the Union who were then employed by the respondent to give up
union membership and informed them that if they did not do so they
were likely to lose their jobs with the respondent.
On January 30, 1939, the Board, acting pursuant to Article III,
Section 10 (c) (2), and Article II, Section 37 (b), of the Rules and
Regulations-Series 1, as amended, ordered that the above case, then
known as Case No. XIX-0-330, be consolidated with Case No.
XIX-R-92, for the purposes of hearing and for all other purposes.
However, on February 11, 1939,. the respondent and the Board's
Regional Attorney for the Nineteenth Region entered into a stipula-
tion for the purpose of settling the above Case No. XIX-C-330,
subject to approval by the Board. On February 20, 1939, the Board
issued an order approving the stipulation. The Board further pro-
vided in said order that the above Case No. XIX-0-330 be severed
from Case No. XIX-R-92 and continued as a separate proceeding,
and that it be transferred to and continued before the Board as Case
No. C-1197 for the purpose of entry of a decision and order pur-
suant to the stipulation.
The stipulation reads as follows:
This stipulation made and entered into by and between the
Kingsley Lumber Company, by and through its President, E. D.
Kingsley, and Thomas P. Graham, Jr., Regional Attorney, Na-
tional Labor Relations Board, Nineteenth Region;
WITNESSETH :
WHEREAS, upon charges duly filed by Local No. 3, International
Woodworkers of America, affiliated with the Congress of In-
dustrial Organizations, the National Labor Relations Board, by
the Regional Director for the Nineteenth Region, acting pur-
suant to authority granted in Section 10 (b) of the National
Labor Relations Act, (49 Statute 449), and its Rules and Regula-
tions, Series 1, as amended, Article IV, Section 1, issued its
complaint on the 10 day of February, 1939, against the respond-
ent herein;
Now THEREFORE, it is stipulated, admitted, and agreed as
follows :
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
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respondent is engaged in the manufacture, sale, and distribution
of lumber and wood products.
II
The respondent in the course and conduct of the operations of
its plant at Portland, Oregon, produces annually about 20,000,000
board feet of lumber, the approximate value of which is $300,000.
The respondent also produces annually fuel, the approximate
value of which is $20,000,000. The respondent in the course and
conduct of the operations of its plant at Portland, Oregon, causes
and has continuously caused large quantities of the lumber which
it manufactures; to wit, 70% of all the lumber produced an-
nually, the approximate value of which is $210,000, to be sold,
shipped, and transported to, into, and through States of the
United States other than the State of Oregon. Fifty-five per
cent of the total products sold annually by the respondent, the
approximate value of which is $165,000, in States other than the
State of Oregon, arrive in those States without reloading from
barge, railroad, or truck.
III
Two per cent of the logs which the respondent uses at its
Portland, Oregon, plant are purchased, shipped, and transported
in interstate commerce to its Portland, Oregon, plant from and
through States of the United States other than the State of
Oregon.
IV
Local No. 3, International Woodworkers of America, affiliated
with the Congress of Industrial Organizations is a labor organi-
zation as defined in Section 2, subsection (5) of the Act.
V
Upon the basis of the record the respondent, while denying
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 re-
spondent of the filing of a petition by the Board, which notice
the respondent hereby expressly waives, the respondent further
KINGSLEY LUMBER COMPANY 1061
expressly consents that the Circuit Court of Appeals for the ap-
propriate 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-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 bar-
gaining and 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 any
other labor organization of its employes, by discharging, threat-
ening 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 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
sixty 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kingsley Lumber Company is an Oregon corporation having its
principal place of business and office at Portland, Oregon. It is
engaged in the manufacture, sale, and distribution of lumber and
wood products. The respondent produces annually at its Portland,
164275-39-vol. x[-68
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Oregon, plant approximately 20,000,000 board feet of lumber of the
approximate value of $300,000, and fuel, the approximate annual
value of which is $20,000,000.2 Approximately 70 per cent of the
lumber produced annually by the respondent is sold, shipped, and
transported to, into, and through States of the United States other
than the State of Oregon. Fifty-five per cent of the total annual sales
by the respondent are made in States other than Oregon and the prod-
ucts thus sold, of the approximate value of $165,000, arrive in those
States without reloading from barge, railroad, and truck. Two per
cent of the logs which the respondent uses at its Portland, Oregon,
plant are purchased, shipped, and transported in interstate commerce
to that plant from and through States of the United States other
than the State of Oregon.
We find that the above described operations constitute a continuous
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
herein orders that Kingsley Lumber Company, Portland, Oregon,
shall :
1. Cease and desist from :
(a) 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 concerted
activities for the purpose of collective bargaining and other mutual
aid or protection as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in Local No. 3, or any other labor
organization of its employees, by discharging, threatening to dis-
charge, 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) 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;
2 This sum of $20 ,000,000 is the amount actually stated in the stipulation . The figure
is obviously a typographical error . The intention probably was to state $20,000 as the
approximate annual value of the fuel sales.
KTNGSLEY LUMBER COMPANY 1063
(d) Discriminating in any manner against any of its employees
in regard to hire or tenure of employment, or any terms or conditions
of employment, for joining Local No. 3, or any other labor organiza-
tion of its employees.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Immediately post and keep visible in a conspicuous and
prominent place in its Portland, Oregon, plant for a period of sixty
(60) days after receipt thereof, a copy of this Order.