Southeast Portland Lumber Co.

National Labor Relations Board - Board Decisions

Mar 10, 1939

11 N.L.R.B. 1081 (N.L.R.B. 1939)

In the Matter Of SOUTHEAST PORTLAND LUMBER COMPANY and LUM-
BER AND SAWMILL WORKERS, LOCAL No. 3, INTERNATIONAL WOOD-
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. C-1196.-Decided March 10, 1939
Lumber and Millwork Industry-Settlement : stipulation providing for com-
pliance with the Act-Order: entered on stipulation.
Mr. Thomas P. Graham, Jr., for the Board.
Mr. A. E. Clark, of Portland, Oreg., for the respondent.
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
Sawmill Workers Union, Local No. 3, herein called the Union, the
National 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
Southeast Portland 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 and through certain of its foremen
and other supervisory agents, during January, February, and March,
1938, and at various times thereafter, urged its employees to relin-
quish membership in the Union; that the respondent on or about
February 4, 1938, caused and permitted certain individuals who were
not union members to be conducted through the respondent's plant
during working hours; that said individuals together with certain
foremen of the respondent at said time urged the respondent's em-
11 N. L. R. B., No. 94.
1081
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees to relinquish their union membership; that on or about March
28, 1938, the respondent permitted a meeting of its employees to be
held in the fire room of its plant during working hours; that at said
meeting certain foremen of the respondent spoke urging the respond-
ent's employees to relinquish union membership and stating that it
would be impossible for the respondent's plant to operate unless all
the employees relinquished their membership in the Union.
On February 1, 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-0-325, be consolidated with Case No.
XIX-R-95, 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 stipu-
lation for the purpose of settling the above Case No. XIX-C-325,
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-C-325 be severed
from Case No. XIX-R-95 and continued as a separate proceeding,
and that it be transferred to and continued before the Board as
Case No. 0-1196, for the purpose of entry of a decision and order
pursuant to the stipulation.
The stipulation reads as follows :
This stipulation made and entered into by and between the
Southeast Portland Lumber Company, by and through its at-
torney A. E. Clark, and Thomas P. Graham, Jr., Regional
Attorney, National Labor Relations Board, Nineteenth Region ;
WITNESSETH :
WHEREAS, upon charges duly filed by Local No. 3, Interna-
tional Woodworkers of America, affiliated with the Congress
of Industrial Organizations, the National Labor Relations
Board, by the Regional Director for the Nineteenth Region,
acting pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act (49 Statute 449), and its Rules
and Regulations, Series 1, as amended, Article IV, Section 1,
issued its complaint on the 10th day of February, 1939, 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.
SOUTHEAST PORTLAND LUMBER COMPANY ET AL. 1083
The respondent is engaged in the manufacture, sale, and dis-
tribution 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
18,323,000 board feet of lumber the approximate value of which
is $293,000. The respondent also produces annually fuel, the
approximate value of which is $20,000. 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, 40% of all the lum-
ber produced annually, the approximate value of which is
$117,200, to be sold, shipped, and transported to, into, and
through States of the United States other than the State of
Oregon. Twenty-three per cent of the total products sold an-
nually by the respondent, the approximate value of which is
$26,956, in States other than the State of Oregon, arrive in
those States without reloading from barge, railroad, or truck.
III
Local No. 3, International Woodworkers of America, affil-
iated with the Congress of Industrial Organizations is a labor
organization as defined in Section 2, subsection (5) of the Act.
IV
Upon the basis of the record which includes the pleadings
and this stipulation, the respondent, while denying that it hag
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 respond-
ent 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
1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargain collectively through representatives of their own choos-
ing 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) 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 refuse to
hire any of its employes for joining or maintaining member-
ship 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
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 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
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 RESPONDENT
Southeast Portland 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 Port-
land, Oregon, plant approximately 18,323,000 board feet of lumber
of the approximate value of $293,000, and fuel, the approximate
annual value of which is $20,000. Approximately 40 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. Twenty-three per cent of the total annual
SOUTHEAST PORTLAND LUMBER COMPANY ET AL . 1085
sales by the respondent are made in States other than Oregon and
the products thus sold, of the approximate value of $26,956, arrive
in those States without reloading from barge, railroad, and truck.
We find that the above-described operations constitute a continu-
ous 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
hereby orders that Southeast Portland Lumber Company 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 con-
certed 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 offi-
cials in any way to make representations in any respect reflecting
or purporting to reflect the attitude of the employer toward mem-
bership in any labor organization;
(d) Discriminating in any manner against any of its employees
in regard to hire or tenure of employment, or any terms or condi-
tions of employment, for joining Local No. 3, or any other labor
organization 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 promi-
nent place in its Portland, Oregon, plant for a period of sixty (60)
days after receipt thereof, a copy of this Order.