Booth-Kelly Lumber Co.

National Labor Relations Board - Board Decisions

Mar 3, 1941

30 N.L.R.B. 7 (N.L.R.B. 1941)

In the Matter of BOOTH-KELLY LUMBER COMPANY, AND WILLAM-
ETTE VALLEY LUMBER OPERATORS ASSOCIATION and WILLAMETTE
VALLEY DISTRICT COUNCEL OF LUMBER AND SAWMILL WORKERS,
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-181g.Decided March 8, 1941
Jurisdiction : lumber industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. William A. Babcock, Jr., for the Board.
Harris cC Bryson, of Eugene, Oreg., for the respondents.
Cake, Jaureguy, c6 Tooze, of Portland, Oreg., for the I. E. U. and
I. E. U. Local 80-1.
Mr. C. P. Richai ds. of Goshen. Oreg., for the L. S. W. U.
Miss Mary E. Perkins, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Willamette
Valley District Council of Lumber and Sawmill Workers, United
Brotherhood of Carpenters and Joiners of America, affiliated with the.
American Federation of Labor, herein called the L. S. W. U., the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Nineteenth Region (Seattle, Washington),
issued its complaint dated November 20, 1940, against Booth-Kelly
Lumber Company, herein called respoihdent Booth-Kelly, and Wil-
lamette Valley Lumber Operators' Association, herein called re-
spondent Operators' Association, both of Eugene, Oregon, alleging
that the respondents had engaged in and were engaging in unfair
labor practices affecting commerce, within the meaning of Section
8 (1), (2), and (5) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. Copies of the
complaint, together With the notice of hearing thereon, were duly
30 N L R B, No 2
7
1
8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
served upon the respondents, the L. S. W. U. and on Industrial Em-
ployees Union, Inc., herein called the I. E. U., and Industrial Employ-
ees Union, Inc., Local No. 80, District 1, herein called I. E. U. Local
80-1, labor organizations allegedly dominated, interfered with, and
supported by the respondents.
With .respect to the unfair labor practices the complaint alleged
in substance that: (1) respondent Booth-Kelly, in concert with
other employers and individually, dominated and interfered with
the administration of Loyal Legion of Loggers and Lumbermen and
its locals, including Local 80-1, and contributed support to it; caused,
dominated, and interfered with the reorganization and continuance
of the Loyal Legion of Loggers and Lumbermen and its locals as,
the I. E. U. and its locals, and the reorganization and continuance
of Local 80-1 of the Loyal Legion of Loggers and Lumbermen as
I. E. U. Local 80-1; and subsequently interfered with the administra-
tion of the I. E. U. and its locals including Local 80-1, and con-
tributed financial and other support to them; (2) respondent Oper-
ators' Association dominated and interfered with the reorganization
and continuance of the Loyal Legion of Loggers and Lumbermen
and its locals as the I. E. U. and its locals, and subsequently inter-
fered with the administration of the I. E. U. and its locals; (3)
respondent Booth-Kelly refused to bargain collectively with Lumber
& Sawmill Workers Union, Local No. 2595, chartered by the United'
Brotherhood of Carpenters and Joiners of America, affiliated with
the American Federation of Labor, herein called L. S. W. U. Local
°595, on December 20, 1938 and on specified dates thereafter, when
L. S. W. U. Local 2595 represented the majority of respondent Booth- .
Kelly's employees in an appropriate unit; and (4) thereby and by
other acts the respondents have interfered with, restrained, and
coerced their employees in the exercise of the rights guaranteed in
Section 7 of the Act.
On January 24, 1941, the respondents, the t. S. W. U., the I. E. U.,
I. E. U. Local 80-1, and an attorney for the Board, entered into a
stipulation in settlement of the case; subject to the approval of
the Board. The stipulation provides as follows :
This Agreement made and entered into by and between Booth-
Kelly Lumber Company, hereinafter called "respondent Booth-
Kelly," by and through Harris & Bryson, its attorneys;
Willamette Valley Lumber Operators' Association, hereinafter
called "respondent Operators Association," by 'and through Law-
rence T. Harris, its attorney, and G. A. Metzger, its secretary ;
Willamette Valley District Council' of Lumber and Sawmill
Workers, by and through C. P. Richards, its secretary ; Indus-
trial Employees Union, Inc., and Industrial Employees Union,
BOOTH-KELLY LUMBER COMPANY
Inc., Local No. 80, District 1, hereinafter called "I. E. U." and
"I. E. U. Local 80-1," by and through Cake, J,_ureguy & Tooze,
their attorneys; and William A. Babcock, Jr., attorney for the
National Labor Relations Board, Witnesseth :
WHEREAS, an amended charge was duly filed in the above
matter by Willamette Valley District Council of Lumber and
Sawmill Workers on September 30, 1940, and a complaint and
notice of hearing in the above matter based on the said amended
charge, were duly made and issued by the National Labor Rela-
tions Board on November 20, 1940, and duly served on the
above named parties :
WHEREAS, there is now pending before the United States Cir-
cuit Court of Appeals for the Ninth Circuit, in the case of
National Labor Relations Board v. C. D. Johnson Lumber Cor-
poration and Willamette Valley Lumber Operators Association,
Case No. 9593, a petition by the National Labor Relations Board
for the enforcement of orders made and entered by the National
Labor Relations Board on January 25, 1940, in the matter of
the C. D. Johnson Lumber Corporation; Willamette Valley
Lumber Operators Association, Inc., a corporation; Industrial
Employees Union, Inc., a corporation, and Industrial Employees
Union, Inc., Local No.'50, District 1, and Oregon and Washing-
ton Council of Lumber and Sawmill Workers Union, affiliated
with the A. F. of L.; Columbia River District Council No. 5,
Lumber and Sawmill Workers, affiliated with I. W. A. and
Lumber and Sawmill Workers Union, Locals No. 2803 and
No 2751, affiliated with the I. W. A.; Cases Nos. C-641 and
C-642;
WHEREAS, the issues arising out of the allegations, in the
complaint herein, which relate to the alleged domination of,
interference with, and support given to the admini ^tration
of the Loyal Legion of Loggers and Lumbermen, hereinafter
called "4L," and its locals, the reorganization of the said 4L into
the I. E. U., and the administration of the I. E. U. by the
respondents, and by other employer members of the 4L, are
substantially the same as the issues raised by similar allegations
in the complaint in the Matter of the C. D., Johnson Lumber
Corporation, et al., and the facts and evidence concerning said
allegations are substantially the same as the facts and evidence
developed in the hearing in that matter; and
WHEREAS, it is the desire and intention of the parties hereto by
this stipulation to dispose of and to adjust certain issues in
the above entitled matter without the conduct of a hearing
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
or the taking of testimony herein, all the parties hereto stipulate
and agree :
I
Respondent Booth-Kelly is a corporation organized and ex-
isting under the laws of the State of Oregon, with its principal
office at Eugene, Oregon. The said respondent is, and at all
times since on and before July '5, 1935, has been, continuously
engaged in the production; manufacturing and selling of logs,
lumber and lumber products. It owns and operates, and at all
times since on and before said date, has continuously owned
and operated a lumber mill or manufacturing plant and logging
operations near Wendling, Oregon. In the course and conduct
of its business the said respondent causes and at all times, since
said date has continuously caused the greater portion of the
logs, lumber and lumber products produced and manufactured
by it in said operations to be sold, shipped and transported
from Wendling, Oregon, to, into and through States of the
United States other than the. State of Oregon. During the
years 1937 to 1940 the amounts of the sales of the said respond-
ent of the products from its Wendling operations, and the
amounts and percentages of said products sold and shipped to
points outside the State of Oregon were approximately as
follows: _
Year Production inboard feet . Gross sales
Percentage sold and
shipped outside
State of Oregon
1937-------------------------- 33,200 , 833 $719,648 00 In excess of 75%.
1938 ------------------------------------------ 28,403,863 510,825 Do
1939-------------------------------------- 38, 196, 621 714,046 Do
II
Respondent Operators Association is, and at all times since
May 3, 1937 has been , a corporation organized under the laws
of the State of Oregon, with its principal office at Eugene, Oregon,
and a voluntary association of owners and operators engaged in
the manufacture and production of lumber and lumber products
in the Willamette Valley, State of Oregon . Respondent Booth-
Kelly is, and at all times since May 3, 1937 has been, a member
of the Operators Association . Respondent Operators Association
is, and at all times since on or about May 3, 1937 has been , engaged
in providing information and advice to its members and other
employers in the lumber industry in the interest of and on behalf
of said employers in connection with their labor and personnel
BIOTH-KELLY LUMBER COMPANY 11
problems, practices and policies, collective bargaining and other
dealings with their employees and representatives of their em-
ployees; in promoting the mutual benefits of said employers and
the maintenance of uniform wage schedules, hours of labor, and
working conditions; in conducting collective bargaining nego-
tiations and executing collective bargaining agreements with labor
organizations in the interest of and on behalf of said employers;
and in other related and similar activities in the interest of and
on behalf of said employers.
III
Willamette Valley District Council of Lumber and Sawmill
Workers and Lumber and Sawmill Workers Union, Local No.
2595, hereinafter called L. S. W. U. Local 2595, both chartered by
the United Brotherhood of Carpenters and Joiners of America,
affiliated with the A. F. of L., I. E. U. and I. E. U. Local 80-1,
are labor organizations within the meaning of Section 2, subsec-
tion (5) of the Act.
IV
All the parties hereto, and each of them, waive their rights to
file answers to the complaint'herein, or to intervene herein, but in
so doing do not admit the truth of the allegations of the complaint
or any of them, except where specifically admitted' herein, and
then only for the purposes of this case. Provided, however, that
nothing herein shall deprive the respondent Booth-Kelly of the
right to file an answer to those allegations of the complaint not
disposed of by this stipulation and which set forth or relate to the
alleged refusal of the said respondent to bargain collectively with
or recognize Lumber and Sawmill Workers Union, Local No. 2595,
as the exclusive representative of certain of its employees, in viola-
tion of Section 8 (5) and (1) of the National Labor Relations Act,
in the event a hearing or other proceedings is had upon such
allegations, or to participate in such hearing, and nothing herein
shall be construed to deprive I. E. U. and I. E. U. Local 80-1 of
any rights they may have to intervene in such hearing or pro-
ceedings.
V
Subject to the provisions of Paragraphs IV and IX of this stip-
ulation, all parties hereto expressly waive their rights to a hear-
ing in this matter and to appear in person or otherwise, to give
testimony and examine or cross-examine witnesses (as provided
in Section 10 (b) of the National Labor Relations Act and in the
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board Rules and Regulations Series
2, as amended), and expressly waive the making of findings of
fact and conclusions of law by the National Labor Relations At.
V1
The pleadings and other formal papers herein, including the
amended charge, complaint and notice of hearing find affidavit of
service thereof, orders postponing hearing and extending time for
filing of answers and affidavits of service thereof; and this stipu-
lation may be entered in the record herein by filing with the Chief
Trial Examiner of the National Labor Relations Board, Wash-
ington, D. C.
VII
It is expressly consented and agreed by the parties hereto that
upon the basis of the pleadings and this stipulation the following
orders may be immediately made and entered in the above matter
by the National Labor Relations Board :
A
Booth-Kelly Lumber Co. and its officers, agents, successors and
assigns, shall :
I. Cease and desist from :
(a) Dominating or interfering with the administration of
I. E. U. Local 80-1 or the formation or administration of any
other labor organization, and contributing support to I. E. U.
Local 80-1, or any other labor organization of its employees;
(b) Recognizing I. E. U. Local 80-1 as the representative of
any of its employees for the purpose of dealing with it concern-
ing grievances, labor disputes, rates of pay, wages, hours of em-
ployment, and other conditions of work;
(c) Giving effect to any contract it may have entered into with
I. E. U. Local 80-1 concerning wages, hours, and working con-
ditions ;
(d) In any manner requiring its employees to contribute to
the support of I. E. U. Local 80-1, and in any manner making
further deductions for the pay or wages of its employees, or any
of them, for dues or fees payable, or to become payable, to said"
organization;
(e) In any other manner interfering with, restraining or co-
ercing its,employees in the exercise of their rights to self-organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing and to
BOOTH-KELLY LUMBER COMPANY 13
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection as guaranteed in Section
7 of the Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withhold all recognition from I. E. U. Local 80-1 as a
representative of any of its employees for the purpose of dealing
with it concerning grievances, labor disputes, rates of pay, wages,
hours of employment, or other conditions of work, and com-
pletely disestablish I. E. U. Local 80-1 as such representative ;
(b) Post immediately in conspicuous places in and about its
plant and logging operations at and near Wendling, Oregon, and
maintain for a period of at least sixty (60) consecutive days
from the date of posting, notices to its employees stating that:
(1) it will cease and desist in the manner. set forth in paragraphs
1 (a) to 1 (e), inclusive, of this order, (2) that the respondent
will take the affirmative action set forth in paragraph 2 (a) of
this order, and (3) that the respondent's employees are free to
form and join any labor organization of their own choosing;
(c) Notify the Regional Director for the Nineteenth Region,
in writing, within ten days from the date of this order what steps
it has taken to comply therewith.
B
Willamette Valley Lumber Operators Association and its offi-
cers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Interfering with the administration of I. E. U. Local 80-1,
or the formation or administration of any other labor organization ;
(b) Giving effect to any contract it may have entered into with
I. E. U. Local 80-1, or with the I. E. U. -affecting I. E. U.
Local 80-1 concerning wages, hours, and working conditions,
whether it be a contract in existence at the time of the issuance
of this complaint in this case or one entered into subsequent to
the issuance of this complaint.
(c) In any manner interfering with, restraining or coercing
the employees of its members 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 purposes of collective
bargaining or other mutual,aid or protection, as guaranteed in
Section 7 of the Act.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Immediately notify, in writing, all of its members that it
will cease and desist in the manner set forth in paragraphs 1
(a), (b), and ( c) of this order;
(b) Notify the Regional Director for the Nineteenth Region,
in writing , within ten (10 ) days from the date of this order what
steps it has taken to comply therewith.
VIII
It is further stipulated and agreed that if, in the final determina-
tion by the United States Circuit Court of Appeals for the Ninth
Circuit or the United States Supreme Court, in the event of an
appeal thereto, in the case of National Labor Relations Board v.
C. D. Johnson Lumber Corporation, et al, Sections 1 (a), (b),
(c), (d), and (e), and 2 (a) and (b) of the order made and
entered by the Board against the said C. D. Johnson Lumber
Corporation, and Sections 1 (a) and (b) of the order made and
entered by the Board against Willamette Valley Lumber Oper-
ators Association in the Matter of C. D. Johnson Lumber Cor-
poration, et al, or any of said sections or subsections, are enforced
by the decree of the Circuit Court of Appeals or the United States
Supreme Court in so far as the same relate to the I. E. U. general
or parent organization, additional or further orders may be made
and entered by the National Labor Relations Board in the above
entitled matter, in the form recited below, to the extent that the
corresponding orders, sections, subsections, and parts thereof,
made and entered by the Board in the Matter of C. D. Johnson
Umber Corporation, et al, are,enforced by said Circuit Court
or Supreme Court, in so far as they relate to the I. E. U. parent
or general organization, or may be entered in the form recited
below, modified to conform to the final determination by said
Circuit Court or Supreme Court in the case of National Labor
Relations Board v. C. D. Johnson Lumber Corporation, et, al.
A
The Booth-Kelly Lumber Company and its officers, agents; sue-,
cessors, and assigns, shall: - -
1. Cease and desist from :
(a) Dominating and interfering with the administration of the
I. E. U., or with the formation or administration of any other
labor organization of its employees, and from contributing finan-
ciail or other support to the I. E. U., or any, other labor organiza-
tion of its employees;
(b)' Recognizing the I. E. U. as the representative of any of
its employees for the purpose of dealing with it concerning griev-
BOQI FI-KELLY LUMBER COMPANY 15
antes, labor disputes, rates of pay, wages, hours of employment,
and other conditions of work;
(c) Giving effect to any contract it may have entered into
with the I. E. U., either before or after the issuance of the com-
plaint herein, concerning wages, hours, and working conditions;
(d) In any manner requiring its employees to contribute to
the support of the I. E. U., and in any manner making further
deductions from the pay or wages of its employees, or any of
them, for dues or fees payable, or to become payable, to said
organization ;
(e) Acting through the Willamette Valley Lumber Oper-
ators Association, or any other employer or association of em-
ployers, in interfering with the administration of the I. E. U.,
or any other labor organization, or contributing support to it,
or any other labor organization, or in interfering with, restrain-
ing 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 choos-
ing, and to engage in concerted activities for the purposes of
collective bargaining or other mutual aid or protection as guar-
anteed in Section 7 of the Act;
(f) In any other 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 bar-
gain collectively through representative of their own choosing,
and to engage in concerted activities for the purposes of collective
bargaining, or other mutual aid or protection, as guaranteed in
Section 7 of the Act.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act:
(a) Withdraw all recognition from the I. E. U. as representa-
tives of any of its employees for the purpose of dealing with
it concerning grievances, labor disputes, rates of pay, wages,
hours of employment, or other conditions of work, and coin-
pletely disestablish the I. E. U. as such representatives;
(b) Reimburse individually and in full all employees who
were or still are members of the I. E. U. for all dues and fees, if
any, which it has deducted from their wages, salaries or other
earnings on behalf of the I. E. U. subsequent to the date that the
stipulation upon which this order is based' was approved by the
National Labor Relations Board.
(c) Immediately post notices to all of its employees in con
spicuous places in and about its logging operations and its
sawmill and manufacturing plant at and near Wendling, Oregon,
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and maintain such notices for a period of at least sixty (60)
consecutive days, stating that it will cease and desist in the man-
ner set forth in paragraphs 1 (a) to (f) of this order, both inclu-
sive,, and that it will take the affirmative action set forth in
paragraphs 2 (a) and (b) of this order.
(d) Notify the Regional Director for the Nineteenth Region,
in writing, within ten (10) days from the, date of this order
what steps the respondent has taken to comply herewith.
B
Willamette Valley Lumber Operators Association , and its
officers, agents , successors , and assigns , shall:
1. Cease and desist from :
(a) Interfering with the administration of the I. E. U., or the
formation or administration of any other labor organization, and
contributing support to the I. E. U., or any local or subdivision
thereof, or any other labor organization.
(b) Giving effect to any contract it may have entered into with
the I . E. U., either before or after the issuance of the complaint
in this matter , concerning the wages , hours and working condi-
tions of the employees of respondent Booth -Kelly.
(c) In any manner interfering with, restraining , or coercing
the employees of its members 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 Act.
2. Take the following affirmative action , which , the Board
finds will effectuate the policies of the Act:
(a) Immediately notify, in writing, all of its members that it
will cease and desist in the manner set forth in paragraphs 1 (a),
(b) and ( c) of this order;
(b) Notify the Regional ' director for the Nineteenth Region,
in writing , within ten (10 ) days from the date of this order what
steps it has taken to comply herewith.
By "final determination by the United States Circuit Court, of
Appeals for the Ninth Circuit or the United States Supreme
Court in the event of an appeal thereto in the case of the National
Labor Relations Board v. C. D. Johnson Lumber Corporation,
et al.," is meant the final decision and decree by the United States
Supreme Court on an application for certiorari by any of the
parties in said case to said Court, either in denying such applica-
tion or in its determination of such controversy if said applica-
BOOTH-KELLY LUMBER COMPANi 17
tion is granted, or the decision and decree of the United States
Circuit of Appeals for the Ninth Circuit in said case in the event
that none of the parties to said case apply for certiorari to the
United States Supreme Court or attempt to appeal to said Court
in any other manner within the period allowed by law.
IX
This stipulation, if approved by the National Labor Relations
Board, shall constitute a final and complete settlement and dis-
position of the issues raised by the complaint herein, except for
those issues raised by those allegations of said complaint, -,ii
Paragraphs I, II, III, V, XI, XII, XIII, XVI, XVII,
XIX, and XX, thereof, which set forth or relate to the alleged
refusal of the respondent Booth-Kelly to recognize and bargain
collectively with Lumber and Sawmill Workers Union, Local
No. 2595, as the exclusive representative of certain of its em-
ployees for the purposes of collective bargaining, in,violation of
Section 8 (5) and (1) of the National Labor Relations Act.
The complaint, except for such allegations shall be construed
to be dismissed as to all allegations which are not disposed of by
the orders to be entered by the Board pursuant to the terms of
this stipulation. Nothink in this stipulation shall preclude the
National Labor Relations Board from conducting a hearing or
in any other manner proceeding upon the said allegations of the
complaint in the paragraphs of the complaint above enumerated
or deprive any of the parties hereto any rights they may "have•
to participate in any such hearing or proceedings.
- X
All the parties hereto, and each of them, expressly consent
and agree that on application by the said Board, a decree or
decrees enforcing any order or orders made and entered by the
said Board in this matter may be entered by the United States
Circuit Court of Appeals for the Ninth Circuit without notice
to any of said parties; and the parties, and each of them, ex-
pressly waive their rights to contest such application or to object
to the entry of such decree or decrees and expressly waive their
rights to be notified of such application.
XI
The entire agreement between the parties hereto is contained
within the terms of this stipulation, and there is no verbal agree-
ment of any kind which varies, alters, or adds to it.
1R DECISIONS OF NATIONAL LABOR RELATIONS BOARD
XII
It is understood and agreed that this stipulation is subject to
the approval of the National Labor Relations Board after its
submission to the Board in Washington, D. C.
On January 25, 1941, the respondent Booth-Kelly, the L. S. W. U.
and an attorney for the Board entered into a supplemental stipula-
tion subject to the, approval of the Board.' The supplement stipula-
tion provides as follows:
This agreement made and entered into by and between Booth-
Kelly Lumber Company, hereinafter called "respondent Booth-
Kelly," by and through Harris and Bryson, sits attorneys;
Willamette Valley District Council of Lumber and Sawmill
Workers, by and through] C. P. Richards, its Secretary; and
William A. Babcock, Jr, attorney for the National Labor
Relations Board, Wltnesseth :
WHEREAS, a stipulation has,been entered into by the above
named parties and Willamette Valley Lumber Operators Asso-
ciation, Industrial Employees' Union, Inc., hereinafter called
"I. E. U." and Industrial Employees' Union, Inc., Local No. 80,
District 1, hereinafter called "I. E. U. Local 80-1," under date of
January 24, 1911, disposing of some of the issues raised by the
complaint in the above matter, but not disposing of those allega-
tions of the complaint which set forth or relate to the alleged
refusal of the respondent Booth-Kelly to recognize or bargain
with Lumber and Sawmill Workers Union, Local No.' 2595 in
violation of Section 8 (5) and (1) of the National Labor
Relations Act; and '
WHEREAS, THE ABOVE named parties desire to dispose of the
remaining issues without the conduct of a hearing or the taking
of testimony, the parties hereto stipulate and agree :
I
. All the production and maintenance employees of the respond-
ent Booth-Kelly, employed in and about its mill and logging
operations at and near Wendling, Oregon, exclusive of super-
visory and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining in respect to rates of pay,
' On January 28, 1941, the I E U and I E. U Local 80-1 filed with the Board a waiver
stating that they waive all light to make objection to the entry by the Board of the order
provided for in the supplemental stipulation; and that in the e%ent the Board enters such
an order, they naive all right to protest the entry, upon application by the Board, of a
decree by the United States Circuit Court of Appeals enforcing said order, and naive all
right to receive notice of such application and to intervene in such proceedings, or to
petition the Cow t to set aside the oidet
BO'O'TH-KELLY LUMBER COMPANY 19
wages, hours of employment, and other conditions of employ-
ment, in order to insure to said employees the full benefit of
their right to self organization and to collective bargaining, and
to otherwise effectuate the policies of the National Labor
Relations Act.
II
All parties hereto expressly waive their right to a hearing in
this matter and to appear in person, or otherwise, to give testi-
mony and examine or cross-examine witnesses (as provided in
Section 10 (b) of the National Labor Relations Act and in the
National Labor Relations Board Rules and Regulations, Series
2, as amended), and all the parties hereto expressly waive the
making of findings of fact and conclusions of law by the National
Labor Relations Board.
III
The respondent Booth-Kelly waives its right to file an answer
to any of the allegations of the complaint, but in so doing does
not admit the truth of such allegations, or any of them, except
where they are admitted herein.
IV,
This stipulation shall be made a part of the record in the above
entitled matter by filing with the Chief Trial Examiner of the
National Labor Relations Board, Washington, D. C.
V
Upon the basis of the pleadings, this stipulation and that cer-
tain stipulation made and entered into in this matter by the above
named parties and I. E. U., I. E. U. Local 80-1 and Willamette
Valley Lumber Operators Association, under date of January
'24, 1941, the following order may be immediately made and
-entered in the above matter by the National Labor Relations
Board, or may be included and made a part of any order made
.and entered by the said Board against the respondent Booth-
Kelly pursuant to the provisions of Paragraph VII of the above
described stipulation, dated January 24, 1941.
Booth-Kelly Lumber Company and its officers, agents, succes-
sors, and assigns, shall:
1. Cease and desist from :
(a) Refusing to recognize and bargain collectively with Lum-
ber and Sawmill Workers Union, Local No. 2595, chartered by
the United Brotherhood of Carpenters and Joiners of America,
4-10135-42-vol. 30-3
r
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
affiliated with the American Federation of Labor, as the exclu-
sive representative of all the production and maintenance em-
ployees, exclusive of supervisory and clerical employees,
employed by the respondent Booth-Kelly Lumber Company in
and -about its mill and logging operations at and near Wend-
ling, Oregon, until such time as a majority of such employees
shall designate a different collective bargaining representative
or representatives.
(b) In any other manner, interfering with, restraining or
coercing its' employees in the exercise of their rights to self-or-
ganization, 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 under
Section 7 of the Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act : -
(a) Upon request, bargain collectively with Lumber and Saw-
mill Workers Union, Local No. 2595, as the exclusive represen-
tative of all production and maintenance employees, exclusive
of supervisory and clerical employees, employed by the respond-
ent Booth-Kelly Lumber Company, in and about its mill and
logging operations at and near Wendling, Oregon, for the pur-
poses of collective bargaining in respect to rates of pay, wages,,
hours of employment, or other conditions of employment, until
such time as a majority of such employees shall designate an-
other or 'different representative or representatives, and such
other representative or representatives demands recognition as
such bargaining representative of the said respondent;
(b) Post immediately in conspicuous places in and about its
plant and logging operations at and near Wendling, Oregon, and
maintain for a period of at least sixty (60) consecutive days from
the date of posting, notices to its employees stating that (1) it
will cease and desist in the manner set forth in paragraphs 1 (a)
and (b) of this order, and (2) it will take the affirmative action
set forth in paragraph 2 (a) of this order.
(c)Notify the Regional Director for the Nineteenth Region
in writing within ten days of the date of this order what steps
it has taken to comply therewith.
VI
This stipulation and the stipulation in this-matter dated Jan-
uary 24, 1941, which is described above, shall constitute a final
and complete settlement and adjustment of the issues raised by
BOOTH-KELLY LUMBER COMPANY 21
the complaint herein, and the complaint shall be construed to
be dismissed by the National Labor Relations Board as to all
allegations of said complaint which are not disposed of by the
orders which are entered by the said Board pursuant to said
stipulations. -
VII
The parties hereto, and each of them , expressly consent and
agree that on application by the said Board, a decree enforcing
the order of the Board entered pursuant - to the , provisions of
this stipulation may be entered by the United States Circuit
Court of Appeals for the Ninth Circuit without notice to any
of the said parties; and the parties hereto, and each of them, ex-
pressly waive their rights to contest such application or to ob-
ject to the entry of such decree and expressly waive their rights
to be notified-of such application.
VIII
The entire agreement between the parties hereto is contained
within the terms of this stipulation , and there is no verbal agree-,
ment of any kind which varies, alters or adds to it.
IK
It is'understood and agreed that this stipulation is subject to
the approval of the National Labor Relations Board after its
submission to the Board in Washington, 'D. C.
On February 11, 1941, the Board issued its order approving the
above stipulations, making them a part of the record in the case, and,
pursuant to Article II, Section 36 of National Labor Relations Board
Rules and Regulations-Series 2, as amended, transferring the pro-
ceeding to and continuing it before the Board for the purpose of entry
of a decision and order by the Board pursuant to the provisions of the
,stipulations.
Upon the basis of the said stipulations and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Booth-Kelly Lumber Company is a corporation organized and
existing under the laws of the State of Oregon with its principal office
,at Eugene , Oregon. This respondent is engaged in logging , opera-
tions near Wendling, Oregon , and also operates , at Wendling a lumber
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mill where it is engaged in the manufacture and sale of lumber and
lumber products. During the year 1939, this respondent produced
from its Wendling operations 38,196,621 board feet of lumber which
were sold for $714,046, and over 75 per cent of which were sold and
shipped outside the State of Oregon.
Willamette Valley Lumber Operators' Association is a corpora-
tion organized and existing under the laws of the State of Oregon
with its principal office at Eugene, Oregon. It is a voluntary associa-
tion of owners and operators engaged in the manufacture and produc-
tion of lumber and lumber products in the Willamette Valley, Oregon.
This respondent is engaged in providing information and advice to
its members and other employers in the lumber industry in the interest
of and on behalf of said employers in connection with their labor and
personnel problems, practices, and policies, collective bargaining, and
other dealings with their employees and representatives of their
employees. The respondent Booth-Kelly is a member of the respond-
ent Operators' Association.
We find that the above-described operations of the respondent
Booth-Kelly constitute a continuous flow of trade, traffic, and com-
merce among the several States. The respondent Operators' Asso-
ciation acts in the interest of and on behalf of the respondent
Booth-Kelly and is an employer of the employees of the respondent
Booth-Kelly within the meaning of Section 2 (2) of the Act.
II. THE ORGANIZATIONS INVOLVED
Willamette Valley District Council of Lumber and Sawmill Work-
ers, and Lumber and Sawmill Workers Union, Local No. 2595, both
chartered by the United Brotherhood of Carpenters and Joiners of
America, affiliated with the American Federation of Labor; Indus-
trial Employees Union Inc.; and Industrial Employees Union Inc.,
Local No. 80 District 1, are labor organizations.
ORDER
Upon the basis of the above findings of fact, stipulations 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 :
A. Booth-Kelly Lumber Company, its officers, agents, successors
and assigns shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of I. E. U.
• Local 80-1 or the formation or administration of any other labor
organization, and contributing support to I, E. U. Local 80-1, or in
any other labor organization of its employees;
BOOTH-KELLY LUMBER COMPANY 23
(b) Recognizing I. E. U. Local 80-1 as the representative of any
of its employees for the purpose of dealing with it concerning griev-
ances, labor disputes, rates of pay, wages, hours of employment, and
other conditions of work;
(c) Giving effect to any contract it may have entered into with
I. E. U. Local 80-1 concerning wages, hours, and working conditions;
(d) In any manner requiring its employees to contribute to the
support of I. E. U. Local 80-1, and in any manner making further
deductions from the pay or wages of its employees, or any of them,
for dues or fees payable, or to become payable, to said organization;
(e) Refusing to recognize and bargain collectively with Lumber
and Sawmill Workers Union, Local No. 2595, chartered by the United
Brotherhood of Carpenters and Joiners of America, affiliated with the
American Federation of Labor, as the exclusive representative of all
-the production and maintenance employees, exclusive of supervisory
and clerical employees, employed by the respondent Booth-Kelly
Lumber Company in and about its mill and logging operations - at and
near Wendling, Oregon, until such time as a majority of such em-
ployees shall designate a different collective bargaining representative
or representatives;
(f) In any other 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 Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Withhold all recognition from I. E. U. Local 80-1 as a repre-
sentative of any of its employees for the purpose of dealing with it
concerning grievances, labor disputes, rates of pay, wages, hours of
employment, or other conditions of work, and completely disestablish
I. E. U. Local 80-1 as such representative;
(b) Upon request, bargain collectively with Lumber and Sawmill
Workers Union, Local No. 2595, as the exclusive representative of all
production and maintenance'employees, exclusive of supervisory and
clerical employees, employed by the respondent Booth-Kelly Lumber
Company, in and about its mill and logging operations at and near
Wendling, Oregon, for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, or other conditions
of employment, until such time as a majority of such employees shall
designate another or different representative or representatives, and
such other representative or representatives demands recognition as
such bargaining representative of the said respondent;
24 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
(c) Post immediately in conspicuous places in and about its plant
and logging operations at and near Wendling , Oregon, and maintain
for a period of at least sixty ( 60) consecutive days from the date of
posting, notices to its employees stating that: (1) it will cease and
desist in the manner set forth in paragraphs 1 (a) to 1 (f), inclusive,
of this Order; ( 2) it will take the affirmative action set forth in
paragraphs 2 (a) and 2 ( b) of this Order; and ( 3) the respondent's
employees are free to form and join any labor organization of their
own choosing ;
(d) Notify the Regional Director for the Nineteenth Region, in
writing, within ten (10) days of the date of this Order what steps it
has taken to comply therewith.
B. Willamette Valley Lumber Operators' Association, its officers,
agents , successors , or assigns shall:
1. Cease and desist from :
(a) Interfering with the administration of I.,E. U. Local 80-1, or
the formation or administration of any other labor organization ;
(b) Giving effect to any contract it may have entered into with
I. E. U. Local 80-1, or with the I. E. U. affecting the I. E. U. Local
80-1, concerning wages , hours, and working conditions ,- whether it "
be contract in existence at the time of the issuance of this complaint
in this case or one entered into subsequent, to the issuance of this
complaint;
(c) In any manner interfering with, restraining or coercing the
employees of its members in the exercise of their rights to self -organi-
zation, to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing and to engage in
concerted activities for the purposes of collective bargaining or other
mutual aid or protection , as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Immediately notify, in writing, all of its members that it will
cease and desist in the manner set forth in paragraph 1 (a), (b), and
(c) of this Order;
(b) Notify the Regional Director for the Nineteenth Region in
Writing, within ten (10) days from the date of this Order what
steps it has taken to comply therewith.