Lewis Lumber Co.

National Labor Relations Board - Board Decisions

Feb 27, 1941

29 N.L.R.B. 1090 (N.L.R.B. 1941)

In the Matter of LEWIS LUMBER COMPANY AND;WILLAMErrTE VALLEY
OPERATORS ASSOCIATION and WILLAMETTE VALLEY DISTRICT COUNCIL
OF LUMBER AND SAWMILL WORKERS, UNITED BROTHERHOOD OF CAR-
PENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE A . F. of L.
Case No. C-1806.-Decided February .7,1941
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 c6 Bryson, by Mr. Lawrence T. Harris, of Eugene, Oreg., for
the respondent Lewis. .
Mr. Lawrence T. Harris and Mr. C. A. Metzger, of Eugene, Oreg.,
for the respondent Association,
Mr. C. P. Richards, of Goshen, Oreg., for the Council.
Cake, Jaureguy d Tooze,,of Portland, Oreg., for the I. E. U. and
Locals 68A and 68B.
Mr. Gilbert V. Rosenberg, of council 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 Brother-
hood of Carpenters and Joiners'of America, affiliated with the A. F.
of L., herein called the Council, 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 Lewis Lumber Company, Dexter, Oregon, herein
called the respondent Lewis, and Willamette Valley Lumber Opera-
tors 'Association, Eugene, Oregon, herein called the respondent Asso-
ciation, 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 (3) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. Copies of the complaint and accompanying notice'of hearing
29 N. L R . B, No. 158
1090
LEWIS LUMBER COMPANY - 1091
were duly served upon the respondents and the Council; and upon
the Industrial Employees Union, Inc., herein called the I. E. U., and
Locals Nos. 68-A and 68-B, District I, of the I. E. U., herein called
Locals 68-A and-68-B, labor organizations-alleged in the complaint
to be employer dominated.
With respect to the unfair labor practices the complaint alleged
in substance (1) that the respondents dominated and interfered with
the administration of Loyal Legion of Loggers and Lumbermen and
its Locals 68-A and 69-B, herein collectively called the 4L, and its
successor the I. E. U. and its Locals 68-A and 68-B, and contributed
support to them; that the respondent Lewis discouraged,membership
in Local 2574 of the Council by discharging five named employees
because they joined and assisted Local 2574; and that by the fore-
going and other acts the respondent Lewis and the respondent Asso-
ciation interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.
On January 24, 1941, the respondents, the Council, the I. E. U.
and Locals 68-A' and 68-B thereof, and a, representative of the Board
entered into a stipulation in settlement of this case, subject to the
approval of the Board. The stipulation provides as follows :
This Agreement made and entered into by and between Lewis
Lumber Company, hereinafter called "respondent Lewis", by and
through Harris & Bryson its.attorneys; Willamette Valley Lum-
ber Operators Association, hereinafter called "respondent Oper-
ators Association," by and through Lawrence T. Harris, its attor-
ney, and G. A. Metzger, its secretary; Willamette Valley District
Council of Lumber and Sawmill Workers, by and through C. P.
Richards, its secretary; Industrial Employees Union, Inc., and
Industrial Employees Union, Inc., Locals No. 68A and 68B, Dis-
trict 1, hereinafter called "I. E. U." and "I. E. U., Locals 68A-1
and 68B-1" by and through Cake, Jaureguy and Tooze, their
attorneys; and William A. Babcock, Jr., attorney for the National
Labor Relations Board. ,
1'y ITNESSETH :
WHEREAS, a second 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 second
amended charge was duly made and' issued by the National Labor
Relations 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
413602-42-vo1 29-70
1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Washington 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 ,com-
plaint herein, which relate to the alleged domination of, inter-
ference with, and support given to the administration 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 respond-
ents, and by other employer members of the 4L, are substantially
the same as the issues raised by similar allegations in the com-
plaint 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
WirEREAS, it is the desire and intention of the parties hereto
by this-stipulation to dispose of and to adjust.the above entitled
matter without the conduct of a hearing or the taking of
testimony herein, the parties hereto stipulate and agree :
I
Respondent Lewis is a corporation organized and existing un-
der the laws of the State of Oregon, with its principal place of
business and office at Dexter, Oregon. The said respondent is,
and at all times since, on and before November 5, 1936, has been
continuously engaged in the, production, manufacturing and sell-
ing 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 manufacturing mill or plant at
Dexter, Oregon, a planing mill or manufacturing plant at
Pengra, Oregon, and logging camps, machinery and equipment
near Dexter, Oregon. In the course and conduct of its business,
the said respondent causes and at all times since said date has con-
tinuously caused the greater portion of the logs, lumber and lum-
LEWIS LUMBER COMPANY 1093
ber products produced and manufactured by it in'said operations,
to be sold and shipped from Dexter and Pengra, 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 respondent of the products from said operations and
the amounts and percentages of said products sold and shipped
to points outside the State of Oregon, were approximately as
follows :
Year :
Cross sales in
board feet
Percentage sold
and shipped
outside Oregon
1937_____________________________ 14, 343, 350 90-95%
1938_____________________________ 12, 906, 029 90-95%
1939_____________________________ 17,438,267 90-95%
II
Respondent Operators Association is, and at all tines 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 Lewis
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 be-
half of said employers in connection with their labor and person-
nel problems, practices and policies, collective bargaining and
other dealings with their employees and representatives of their
.employees; 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 ne-
gotiations and executing collective bargaining agreements with
labor organizations in the interest of and on behalf of said em-
ployers; 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.
2574, both chartered 'by the United Brotherhood of Carpenters
and Joiners of America, affiliated with the American Federation
of Labor and I. E. U. Locals 68A-1 and 68B-1, are labor organi-
1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
zations within the meaning of Section 2, subsection (5) of the
Act.
IV
All of the parties hereto, and each of them , waive their rights
to file answers to the complaint 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.
V
I
The second amended charge , complaint, and notice of hearing
referred to above, the affidavit of service thereof , the orders post-
poning hearing and extending time for filing of answers and
affidavit of service thereof , and this stipulation , shall constitute the
entire record in the above entitled matter, and the said documents
shall be entered in the record herein by filing with the Chief Trial
Examiner of the National Labor Relations Board, Washington,
D. C.
VI
All parties hereto expressly waive their right to a hearing 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 National Labor
Relations Board Rules and Regulations , Series 2, as amended), and
all of the parties expressly waive the making of findings of fact and
conclusions of law by the National Labor Relations Board.
VII
It is expressly agreed by the parties hereto that the following
orders in the above matter may be immediately made and entered
by the National Labor Relations Board :
A
Respondent Lewis and its officers , agents, successors and assigns,
shall :
1. Cease and desist from :
(a) Dominating or interfering with the administration of
I. E. U. Locals 68A-1 and 68B-1 or the formation or administra-
tion - of any other labor organization, and contributing support to
I. E. U. Locals 68A-1 and 68B-1 or any other labor organization
of its employees;
LEWIS LUMBER COMPANY 1095
(b) Recognizing I. E. U. Locals 68A-1 and 68B-1 as the rep-
resentatives of any of its employees for the purpose of dealing
with it concerning grievances, labor disputes, rates of pay, wages,
hours or employment and other conditions of work;
(c) Giving effect to any contract or contracts it may have
entered into with I. E. U. Locals 68A-1 and 68B-1 concerning
wages, hours and working conditions, including the contract
dated August 28, 1939:
(d) In any manner requiring its employees to contribute to
the support of I. E. U. Local 68A-1 and 68B-1 and in any man-
ner 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 organizations; - -
(e) Encouraging membership in I. E. U. Locals 68A-1 and
68B-1 and discouraging membership in Lumber and Sawmill
Workers Union, Local No. 2574, or any other labor organization
,Of its employees by requiring as a condition of employment, mem-
bership in I. E. U. Locals 68A-1 and 68B-1 or either of them;-
(f) Discharging or threatening to discharge, refusing to re-'
employ or threatening to refuse to reemploy, any of its employees
or in any other manner discriminating in regard to its employees
hire or tenure of employment or any term or condition of employ-
ment because of their membership in, or activities on behalf of
Lumber and Sawmill Workers Union, Local 2574, or any other
labor organization of its employees or their failure to become or
remain members of I. E. U. Locals 68A-1 and 68B-1 or either of
them or any other labor organization of its employees,- to dis-
courage or encourage membership of its employees in any labor
organization.
(g) In any. other manner interfering with, restraining or co-
ercing its employees in the exercise of their rights to self-organ-
ization, 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 :
(a) Withdraw all recognition from I. E. U. Locals 68A-1 and
68B-1 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 or other conditions of work
and completely disestablish I. E. U. Locals 68A-1 and 68B-1 as
such representatives;
-1096 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
(b) Offer to C . D. Winningham first preference to employment
by the said respondent in the first vacancy occurring in its log-
ging operations at the position of choker setter, or a position
substantially equivalent thereto, which , in the judgment of the
said respondent , he is qualified to fill ; providing , • however, that
notice of such vacancy and such offer of employment shall be
deemed sufficient if addressed to the said C. D. Winningham
the Secretary , Willamette Valley District Council of Lumber
and Sawmill Workers.
.(c) Make whole the following named employees for any loss
they may have suffered because of any alleged discrimination
against them by the said respondent by the payment to them
of the sum of $100 each : W. L. Susbauer , W. H. Fales, Joe
Danewood , and C. D. Winningham.
(d) Post immediately in conspicuous places in and about its
plants and logging operations at- and near Pengra and Dexter,
Oregon, and maintain for a period of ' at least sixty ( 60) consecu-
tive days from the date of posting notices to its employees stat-
ing that: ( 1) it will cease and desist in the manner set forth in
paragraphs 1 (a) to 1 (g) inclusive , of this order , (2) that it
will take the affirmative action set forth in paragraphs 2 (a),
(b) and ( c) of this order , (3) that the respondent 's employees
are free to form and join any labor organization of their own
choosing and that the respondent will not discriminate against
any employee because of membership or activity in any such
organization. _
(e) 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 adminstration of I. E. U. Locals
68A-1 and 68B-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. Locals 68A-1 and 68B-1, or with the I. E. U. affect-
ing I . E. U. Locals 68A-1 and 68B-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.
LEWIS LUMBER COMPANY' . rv 1097
(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 bar-
gain 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 :
(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 deter-
mination 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 Ltunber Corporation,
and Sections 1 (a) and (b) of the order made and entered by the
Board against Willamette Valley Lumber Operators Association
in the Matter of C. D. Johnson Lumber Corporation, 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
insofar as the same relate to the I. E. U. general or parent organiza-
tion, 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 Lumber Corporation,
et al, are enforced by said Circuit Court or Supreme Court, insofar,
as they relate to the I. K.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. -
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A
The Lewis Lumber Company and its officers , 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 its employees , and from contributing finan-
cial 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 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 or-
ganization;
(e) Acting'through the Willamette Valley Lumber Operators
Association , 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 organization , 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 bar-
gain 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;
(f) In any other manner interfering with, restraining, or co-
ercing its employees in the exercise of their rights to self-organ-
ization, to form, join, or assist labor organizations , to bargain
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:
LEWIS LUMBER COMPANY 1099
(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 com-
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 earn-
ings 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 saw-
mill and manufacturing plants at and near Dexter and Pengra,
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 reepondent 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 sub-
division 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 Lewis.
(c) In any matter interfering with, restraining, or coercing
the employees of its members in the exercises 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:.
1100 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 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 that 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
application or in its determination of such controversy if said
application- is granted, or the.decision and decree of the United
States Circuit Court 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 the final and complete settlement and
adjustment of the issues raised by the complaint herein, and the
complaint shall be contrued 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 the terms of this stipulation. -
X
The parties hereto, and each of them, expressly consent and
agree that on application by the said Board, a decree or decrees
enforcing the order or orders of 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, expressly waive their rights to contest
such application or to object -to the entry of such decree or de-
crees 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
agreement of any kind which varies, alters, or adds to it.
LEWIS LUMBER COMPANY 1101
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 February 6, 1941, the Board issued its order approving
the above stipulation,- making it part of the record in the case, and
transferring the proceeding to the Board for the purpose of entry
of decision and order by the Board pursuant to the provisions of
the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Lewis Lumber Company is an Oregon corporation having its
principal office and place of business at Dexter, Oregon. This re-
spondent is engaged in logging operations near Dexter and operates
a lumber manufacturing plant at Dexter and Pengra, Oregon. Dur-
ing 1939 this respondent produced approximately 17,500,000 board
feet of logs, lumber, and lumber products at its plants. 'Between 90
and 95 per cent of these products was shipped from the respondent's
plants to points outside the State of Oregon.
Willamette Valley Lumber Operators Association, an Oregon cor-
poration, is 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. This respondent is en-
gaged in 'providing information and advice to its members and
other employers in the lumber industry in,connection with their
labor and personnel problems, practices, policies, and collective bar-
gaining. The respondent Lewis is a member of the respondent
Association.
We find that the above-described operations of the respondent
Lewis constitute continuous flow of trade, traffic, and commerce
among the several States. The respondent Association acts in the
interest of and in behalf of the respondent Lewis and is an employer
of the employees of said respondent Lewis within the meaning of
Section 2 (2) of the Act.
ORDER
Upon the basis of the foregoing findings of fact, the stipulation,
and the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
1102 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
Board hereby orders that Lewis Lumber Company, its agents, suc-
cessors, and assigns shall :
1. Cease and desist from :
( a) Dominating or interfering with the administration of I. E. U.
sentatives of any of its employees for the purpose of dealing with it
other labor organization, and contributing support to I. E. U. Locals
68A-1 and 68B-1 or any other labor organization of its employees;
(b) Recognizing , I. E. U. Locals 68A-1 and 68B-1 as the repre-
sentatives of any of its employees for the purpose of dealing with it
concerning grievances , labor disputes , rates of pay, wages, hours or
employment and other conditions of work;
(c) Giving effect to any contract or contracts it may have entered:
into with I. E. U. Locals 68A-1 and 68B-1 concerning wages, hours
and working conditions , including the, contract dated August 28,
1939;
(d) In any manner requiring its employees to contribute to the
support of I. E. U. Locals 68A-1 and 68B-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 organizations;
(e) Encouraging membership , in I. E . U. Locals 68A-1 and 68B-1
and discouraging membership in Lumber and Sawmill Workers
Union , Local No. 2574, or any other labor organization of its
employees by requiring as a condition of employment , membership
in I. E. U. Locals 68A-1 and 68B-1 or either of them ;
(f) Discharging or threatening to discharge, refusing to reem-
ploy or threatening to refuse to reemploy, any of its employees or
in any other manner discriminating in regard to its employees hire
or tenure of employment or any term or condition of employment
because of their membership in, or activities on behalf of Lumber
and Sawmill Workers Union, Local 2574, or any other labor organi-
zation of its employees or their failure to become or remain members
of I. E . U. Locals 68A-1 and 68B=1 or either of them or any other labor
organization of its employees , to discourage or encourage member-
ship of its employees in any labor organization.
(g) 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 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 I. E. U. Locals 68A-1 and
68B-1 as representatives of any of its employees for the purpose of
LEWIS LUMBER COMPANY 1103
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. Locals 68A-1 and 68B-1 as such
representatives;
(b) Offer to C. D. Winningham first preference to employment
by the said respondent in the first v>acancy occurring in its logging
operations at the position of choker setter, or a position substantially
equivalent thereto, which; in the judgment of the said respondent,
he is qualified to fill; providing, however, that notice of such vacancy
and such offer of employment shall be deemed sufficient if addressed
to the said C. D. Winningham % the Secretary, Willamette Valley
District Council of Lumber and Sawmill Workers.
(c) Make whole the following named employees for any loss they
'may have suffered because of any alleged discrimination against
them by the said respondent by the payment to them of the sum of
'$100 each : W. L. Susbauer, W.' H. Fales, Joe Danewood, and
C. D. Winningham.
(d) Post immediately in conspicuous places in and about its
plants and logging operations at and near Pengra and Dexter, Ore-
gon, 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 (g) inclusive, of this order, (2) that it will take the affirmative
action set forth in paragraphs 2 (a), (b) and (c) of this order, (3)
that the respondent's employees are free to form and join any labor
organization of their own choosing and that the respondent will not
,discriminate against any employee because of membership or activity
in any such organization.
(e) 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.
Upon the basis of the foregoing findings of fact, the 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 further orders that the respondent Willamette Valley
Lumber Operators Association, its agents, officers, successors, and
assigns shall : , ,
1. Cease and desist from :
(a) Interfering with the administration of I. E. U. Locals 68A-1
and 68B-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.' Locals 68A-1 and 68B-I,-,or. with the I. E. U. affecting
I. E. U. Locals 68A-1 and 68B-1 concerning wages, hours, and working
conditions, whether it be a contract in existence at the time of the
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 -organ-
ization, to form, join, or assist labor organizations, to bargain col-
lectively 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 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,therewitli.