Hills Creek Lumber Co.

National Labor Relations Board - Board Decisions

Feb 16, 1942

38 N.L.R.B. 1300 (N.L.R.B. 1942)

In the Matter of F. A. HILLS AND F. A. GRAHAM, INDIVIDUALLY AND A8
CO-PARTNERS DOING BUSINESS UNDER THE NAME OF HILLS CREEK LUM-
BER COMPANY, AND WILLAMETTE VALLEY LUMBER OPERATORS ASSOCI-
ATION and LUMBER AND SAWMILL WORKERS UNION,' LOCAL No. 2574,
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFIL-
IATED WITH THE A. F. OF L.
Case No. C-1822
SUPPLEMENTAL DECISION
AND
ORDER
February 16, 1942
On March 17, 1941 , the National Labor Relations Board, herein
called the Board, issued a Decision and Order , based in part upon
stipulations , in the above-entitled proceeding,' requiring, inter alia,
that F. A. Hills and F. A. Graham, individually and as co-partners
doing business under the name of Hills Creek Lumber Company, one
of the respondents herein, disestablish Local 71, 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 71 , District 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.
theretofore issued by the Board in Matter of C. D. Johnson Lumber
Corporation , et al. and Oregon- Washington Council of Lumber and
Sawmill Workers Union , Affiliated with the A. F. of L., et al.,2 should
be enforced 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
decree enforcing the specified paragraphs of the Board's order in the
1 2 0N L R B .140
2 19 N . L. R B 884
28 N L R B, No. 231.
1300
HILLS CREEK LUMBER COMPANY 1301
Johnson case.3 The Board will accordingly issue the additional orders
provided in the stipulation.
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 F. A. Hills and F. A. Graham, individually
and as co-partners doing business under the name of Hills Creek
Lumber Company, their agents, successors, 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 their employees, and from contributing financial or
other support, to the I. E. U., or any other labor organization of their
employees;
(b) Recognizing the I. E. U. as the representative of any of their-
employees for the purpose of dealing with them concerning grievances,
labor disputes, rates of pay, wages, hours of employment, and other
conditions of work;
(c) Giving effect to any contract they 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 their employees to contribute to the
support of the I. E. U., and in any manner making further deductions
from the pay or wages of their 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 As-
sociation, or any other employer or association of employers, in
interfering with the administration of the I. E. U., or any other labor
organization, or contributing support to it, or any other labor organ-
ization, or in interfering with, restraining or coercing their employees
in the exercise of their rights to self-organization, to form, join or
assist labor organizations, to bargain collectively through represent-
atives of their own choosing, and to engage in concerted activities
for the purposes of collective bargaining or other mutual aid or pro-
tection as guaranteed in Section 7 of the Act;
(f) In any other manner interfering with, restraining or coercing
their 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 purposes of collective bargaining or other
mutual aid or protection, .as guaranteed in Section 7 of the Act.
3 National Labor Relations Board v. C. D . Johnson Lumber Corporation (C. C. A. 9).
1302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 their employees for the purpose of dealing with them con-
cerning,grievances, labor disputes, rates of pay, wages, hours of em-
ployment, 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
they have 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 Rela-
tions Board;
(c) Immediately post notices to all of their employees in conspicu-
ous places in and about their logging operations and their plant at
and near Jasper, Oregon,,and maintain such notices for a period of
at least sixty (60) consecutive days, stating that they will cease and
desist in the manner set forth in paragraphs 1 (a) to (f) of this Order,
both inclusive, and that they 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
formation or administration of any other labor organization, and con-
tributing 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 F. A. Hills and F. A. Graham, individ-
ually and as co-partners doing business under the name of Hills Creek
Lumber Company; _
(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.
HILLS CREEK LUMBER COMPANY 1303
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. -