B. F. Johnson Lumber Company

National Labor Relations Board - Board Decisions

Apr 11, 1939

12 N.L.R.B. 189 (N.L.R.B. 1939)

In the Matter of B. F . JOHNSON LUMBER COMPANY and LUMBER AND
SAWMILL WORKERS, LOCAL No. 3, INTERNATIONAL WOODWORKERS OF
AMERICA, AFFILIATED WITH THE C. I. O.
Case No. C-1077.-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. 1. 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 B. F. Johnson Lumber Company, Portland, Oregon,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce, 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 supervisory em-
ployees to engage in activities calculated to discourage membership in
the Union, and by various other acts, interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act.
12 N. L R. B., No. 26.
189
190 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 B. F. Johnson Lumber Company by and through its attor-
neys, 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, acting pur-
suant to authority granted in Section 10 (b) of the National
Labor Relations Act, (49 Stat. 449), and its Rules and Regula-
tions, 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 operations
of its plant at Portland, Oregon, causes and has continuously
caused large quantities of the products which it manufactures,
to wit; approximately ninety-nine per cent thereof, to be sold,
shipped, and transported to, into, and through States of the
United States, other than the State of Oregon. Eighty-nine 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.
Five 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.
B. F. JOHNSON LUMBER COMPANY 191
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 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 bar-
gain 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 employes, by discharging,
threatening 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 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
Washington, D. C.
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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
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. Five 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 99 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. Eighty-
nine 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?
IT. 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
1Matter of Jones Lumber Company, West Oregon Lumber Company, Clark ci Wilson
Lumber Company, B. F. Johnson Lumber Company , Portland Lumber Mills , Inman-Poulsen
Lumber Company, and Eastern cE Western Lumber Company and Columbia River District
Council of Lumber and Sawmill Workers' Union No. 5. 3 N . L R B 855 . ( Decided
October 21, 1937.)
B. F. JOHNSON LUMBER COMPANY 193
Board hereby orders that B. F. Johnson Lumber 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
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 supervisory
officials 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) 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
prominent place in its Portland, Oregon, plant, for a period of thirty
(30) days after receipt thereof, a copy of this Order.