Booth-Kelly Lumber Co.

National Labor Relations Board - Board Decisions

Feb 9, 1942

38 N.L.R.B. 995 (N.L.R.B. 1942)

In the Matter of BOOTH-KELLY LUMBER COMPANY AND WILLAMETTE
VALLEY LUMBER OPERATORS ASSOCIATION and WILLAMETTE VALLEY
DISTRICT COUNCIL OF LUMBER AND SAWMILL WORKERS, UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-1812
SUPPLEMENTAL DECISION
AND
ORDER
February 9, 194.
On March 3, 1941 , the National Labor Relations Board, herein
called the Board , issued a Decision and Order , based in part upon stip-
ulations , in the above -entitled proceeding ,' requiring inter alia, that
Booth-Kelly Lumber Company , one of the respondents herein, dises-
tablish Local 80, District 1, of Industrial Employees Union, Inc., a
labor organization herein called the I . E. U., and that Willamette
Valley Lumber Operators ' Association, another respondent herein,
cease and desist interfering with the administration of Local 80, Dis-
trict 1, and giving effect to any contract with that local. One of the
stipulations upon which that Decision and Order was based provided
that if certain paragraphs of orders relating to the I. E. U. thereto-
fore issued by the Board in Matter of C. D. Johnson Lumber Corpora-
tion, et al. and Oregon-Washington Council of Lumber and Sawmill
Workers Union , Affiliated with the A. F. of L., et al.2 should be en-
forced by the United States Circuit Court of Appeals for the Ninth
Circuit or by the Supreme Court of the United States, in the event
of an appeal thereto , the Board might issue additional orders in this
proceeding in the form set forth below. On December 22, 1941, the
Circuit Court of Appeals for the Ninth Circuit entered a consent de-
cree enforcing the specified paragraphs of the Board's order in th,e
Johnson case3 The Board will accordingly issue the additional
orders provided in the stipulation.
130 N. L.R.B 7.
2 19 N. L. R. B. 884.
B National Labor Relations Board v C D . Johnson Lumber Corporation (C C. A. 9).
(C. C. A. 9).
38 N. L. R. B., No. 184.
995
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of fact, the 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 Booth-Kelly Lumber Company, its agents, succes-
sors, 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 financial or other
support to the I. E. U., or any other labor organization 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 grievances,
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 complaint 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 Operators Asso-
ciation, or any other employer or association of employers, in inter-
fering with the administration of the I. E. U., or any other labor
organization, or contributing support to it, or any other labor organi-
zation, or in 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 pur-
poses of collective bargaining or other mutual aid or protection as
guaranteed 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 bargain collectively through
representative of their own choosing, and to engage in concerted activi-
ties 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 representatives
of any of its employees for the purpose of dealing with it concerning
grievances, labor disputes, rates of pay, wages, hours of employment,
BOOTH-KELLY LUMBER COMPANY 997
or other conditions of work, and completely 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 conspicuous
places in and about its logging operations and its sawmill and manu-
facturing plant at and near Wendling, Oregon, and maintain such
notices for a period of at least sixty (60) consecutive days, stating that
it will cease and desist in the manner set forth in paragraphs 1 (a)
to (f) of this order, both inclusive, 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.
Upon the basis of the foregoing findings of fact, the 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 Willamette Valley Lumber Operators Association,
its agents, officers, successors and assigns shall :
1. Cease and desist from :
(a) Interfering with the administration of the I. E. U., or the forma-
tion or administration of any other labor organization, and contrib-
uting 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 conditions 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-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 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) 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.