Long-Bell Lumber Co.

National Labor Relations Board - Board Decisions

Aug 26, 1955

113 N.L.R.B. 1231 (N.L.R.B. 1955)

LONG-BELL LUMBER COMPANY 1231
job duties work on "unfair goods" is not- a refusal "in the course of ... employ-
ment" as that language is used in the Act. In the cited case and here the "unfair
goods" were in no sense intrinsically objectionable . Hanging wooden doors is within
the traditional skill of carpenters to which they claim exclusive right . By any ordi-
nary meaning , it would seem that the task did indeed fall within the course of em-
ployment of the carpenters of Havstad & Jensen. At least one was hired for no
other purpose . If hanging the Paine doors was not in the -course of employment
that was so only because of a contract provision designed to implement a purpose
to boycott . But the decisional law seems clear in the matter and a dismissal of the
complaint must follow.
I find upon the basis of the undisputed facts as outlined above and in accordance
with precedential -Board decisions that the Respondents induced and encouraged em-
ployees of Havstad & Jensen to refuse to handle or install doors manufactured by
Paine; that an object of this refusal was to force or require Sand Door to cease doing
business with Paine ; that the refusal to handle or install by employees of Havstad
& Jensen did not occur "in the, course ' of employment"; that the collective -bargain-
ing contract to which Respondents and Havstad & Jensen are parties constitutes a
consent on the part of Havstad & Jensen to such a refusal ; and that therefore the
Respondents have not violated Section 8 (b) (4) (A) of the Act.
It is therefore recommended that the complaint be dismissed in its entirety.
Long-Bell Lumber Company, Gardiner Division, Scottsburg, Ore-
gon; Scottsburg Logging Company; D. W. Martin d/b/a K & M
Logging Company; Wells Creek Logging Company; and Harry
0. Cope d/b/a White Fir Logging Company and International
Woodworkers of America, Local 7-140, CIO. Cases Nos. 36-CA-
642,36-CA-640,36-CA-643,36-CA-644, and 36-CA-645. August
26,1955
DECISION AND ORDER
Upon charges duly filed on August 12,1954, by International Wood-
workers of America, Local 7-140, CIO, herein called the Union, the
General Counsel of the National Labor Relations Board, herein called
the General Counsel, ' by the Regional Director of the Nineteenth
Region, issued a consolidated complaint on April 14, 1955, against the
Respondents, alleging that they have engaged in and now are engaging
in certain unfair labor practices affecting commerce within the mean-
ing of the Act, by refusing to furnish the Union the information re-
quested in certain questionnaires sent by the Union to the various
Respondents. Copies of the consolidated complaint and notice of
hearing were duly served upon the Respondents.
Thereafter, on or about April 21, 1955, the parties entered into a
stipulation setting forth an agreed statement of facts. The stipulation
provided that the parties thereby waive their rights to.filing answers
to the consolidated complaint, to a hearing, and to a Trial Examiner's
Intermediate Report. The stipulation further provided that, upon
such stipulation, the entire record in the proceeding shall consist of
the, consolidated complaint, the order consolidating cases and notice
of hearing, affidavits and proof of service of the foregoing documents,
113 NLRB No. 128.
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and the stipulation,' and further, to include the following items from
another proceeding before the Board in Oregon Coast Operators Asso-
ciation, Cases Nos. 36'-CA_455, 458, 460, and 461: (1) Transcript of
the hearing; (2) all exhibits introduced; (3) all objections, motions,
and rulings; (4) Intermediate Report; and (5) exceptions and briefs.
The stipulation further provided that the Decision and Order of the
Board in the aforementioned Oregon case, with its findings, conclu-
sions, and remedial order -shall be the decision of the Board in the
instant proceeding as though the parties herein had been joined at
or prior to the hearing in the aforementioned Oregon case, and had
appeared and participated therein, and authorized the Board to enter
an order to such effect, but limited solely to the issue of the Union's
demand of the Respondents for the production of information and the
refusal thereof. The parties also, in the preamble to the stipulation,
expressed the purpose of agreeing to be bound by the ultimate decision
of the Board or the courts on review with respect to the issue involving
the refusal to furnish the requested information as contained in the
aforementioned Oregon case.
The aforesaid stipulation is hereby approved and accepted, and
made a part of the record in this proceeding. In accordance with
Section 102.45 of the National Labor Relations Board Rules and Regu-
lations, this proceeding is duly transferred to, and continued before,
the Board.
Upon the basis of the aforesaid stipulation, and the entire record
in the case , the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Long-Bell Lumber Company, Gardiner Division, hereinafter re-
ferred to as Respondent Gardiner, is a corporation organized in the
State of Missouri and duly authorized-and licensed to transact'business
within the State of Oregon. Respondent Gardiner is engaged in log-
ging and the manufacture of lumber within the State of Oregon, and
annually sells products of a value in excess of $500,000 of which ap-
proximately 95 percent is consigned to points outside the State of
Oregon.
1In the stipulation , the parties agreed to amend the record in the following particulars:
(1) "The Long -Bell Lumber Company" in place and stead of "Long Bell Lumber Com-
pany" ; (2) "K & M Logging Co " in the place and stead of "K & M Logging Company" ;
(3) "White Fir Logging Co." in the place and stead of "white Fir Logging Company" ;
(4) In paragraph V of the complaint delete the phrase "under the laws of" and substitute
the phrase "doing business in", (5) in paragraph X of the complaint the phrase "have
all been parties to a contract entered into in April 1953 between Gardiner Lumber Com-
pany , Logging Division , and its contractors " be conformed to the facts in paragraph V of
this stipulation , particularly beginning with the word "Respondents " to and including
the reference "Respondent K & M", and (6) paragraph XI of the complaint be con-
formed to the facts in paragraph V of this stipulation , and more particularly with refer-
ence to Exhibits Nos. C to G, inclusive, referred to in said paragraph.
LONG-BELL LUMBER COMPANY 1233
Scottsburg Logging Company and Wells Creek Logging Company
are corporations duly organized and operating under and by virtue
of the laws of the State of Oregon, and are engaged in the business of
logging in the State of Oregon, and each sells goods and services
valued in excess of $100,000 annually to purchasers, including Re-
spondent Gardiner, each of which said purchasers annually sells prod-
ucts valued in excess of $50,000 directly to points outside the State of
Oregon, and which goods are directly utilized in the products proc-
essed"by such purchasers.
D. W. Martin d/b/a K & M Logging Co. and Harry O. Cope d/b/a
White Fir Logging Co. are proprietorships engaged in the business
of logging in the State of Oregon, and each sells goods and services
valued in excess,of $100,000 annually to purchasers, including Re-
spondent Gardiner, each of which said purchasers annually sells prod-
ucts valued in excess of $50,000 directly to points outside the State of
Oregon, and which goods are directly utilized in the products proc-
essed by such purchasers.
Each Respondent stipulates, and we find, that it is an employer
engaged in commerce within the meaning of Section 2 (6) and (7) of
the Act, and we find that it will effectuate the policies of the Act to
assert jurisdiction in this case.
II. THE LABOR ORGANIZATION INVOLVED
International Woodworkers of America, Local 7-140, CIO, is a
labor organization within the meaning of Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
The parties stipulate, and we find, that the following units are, and
at all times material hereto have been, appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act, and that the Union has been at all times material-hereto the ex-
clusive collective-bargaining representative of the employees in each
such unit :
(a) All employees in the logging department of Long-Bell Lumber
Company, Gardiner Division, Scottsburg, Oregon, excluding clerical
employees, guards, and supervisors as defined in the Act.
(b) All employees of Scottsburg Logging Company in the State
of Oregon, excluding clerical employees, guards, and supervisors as
defined in the Act.
(c) All employees of D: W. Martin d/b/a K & M Logging Co. in
the State of Oregon, excluding clerical employees, guards, and super-
visors as defined in the Act.
(d) All employees of Wells Creek Logging Company in the State of
Oregon, excluding clerical employees, guards, and supervisors as de-
fined in the Act.
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(e) All employees of Harry O. Cope d/b/a White Fir Logging Co.
in the State of Oregon, excluding clerical employees, guards, and
supervisors as defined in the Act.
The Respondents each have been parties to collective-bargaining
agreements with the Union. On January 22, 1954, pursuant to the
terms of each agreement, each Respondent, by letter, opened the con-
tract for negotiation on specified subjects. On January 29, 1954, pur-
suant to the terms of each agreement, the Union, by letter, opened the
contract for negotiation on specified subjects and proposals for revi-
sion. Thereafter, concurrent negotiations were commenced between
the various Respondents and the Union. The bargaining meetings
were held as set forth in the transcript of hearing and exhibits in the
record of the aforementioned Oregon case. The Respondents and the
Union were represented and participated therein to the same extent
and in the same manner as were the parties in the Oregon case. Pre-
ceding and during these negotiations, the Union requested production
of information designated in certain questionnaires sent to the Re-
spondents; 2 and the Respondents refused to furnish any of the re-
quested information in the manner and under the circumstances ap-
pearing in the record of the Oregon case.
On the basis of the foregoing stipulated record, and for the reasons
stated in Oregon Coast Operators Association, et al.,3 we find that the
Respondents herein have violated Section 8 (a) (5) and (1) of the
Act, by refusing, after request, to supply the Union with such informa-
tion as was relevant and necessary for the Union properly and intelli-
gently to bargain collectively with the Respondents.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondents set forth in section III, above,
occurring in connection with the operations of the Respondents, as de-
scribed in section I, above, have a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States, and tend
to lead to labor disputes burdening and obstructing commerce and the
free flow thereof.
V. THE REMEDY
Having found that the Respondents violated Section 8 (a) (5) and
(1) of the Act, by failing and refusing to supply the Union relevant
and necessary data requested by the Union, we shall order each of the
Respondents to cease and desist therefrom and take certain affirmative
action which we find necessary to effectuate the policies of the Act.
2 Copies of the questionnaires, attached to the consolidated complaint herein, are re-
produced in appendices to the Intermediate Report in Oregon Coast Operators Association
et at ., 113 NLRB 1338.
8 Ibid.
LONG-BELL LUMBER COMPANY 1235
Because of the limited scope of the Respondents' refusal to bargain,
and because of the absence of any indication that danger of other un-
fair labor practices is to be anticipated from the Respondents' conduct
in the past, we shall not order the Respondents to cease and desist
from the commission of any other unfair labor practices.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. International Woodworkers of America, Local 7-140, CIO, is
a labor organization within the meaning of Section 2 (5) of the Act.
2. Long-Bell Lumber Company, Gardiner Division, Scottsburg,
Oregon; Scottsburg Logging Company; D. W. Martin d/b/a K & M
Logging Co.; Wells Creek Logging Company; and Harry O. Cope
d/b/a White Fir Logging Co. are employers within the meaning of
Section 2 (2) of the Act.
3. Certain employees of each of the Respondents above named, more
fully described in section III, above, constitute units appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
4. International Woodworkers of America, Local 7-140, CIO, was
on January 29, 1954, and at all times thereafter has been and is, the
exclusive representative of the employees in the respective appropriate
units described in section III, above, for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
5. By refusing on March 3,1954, and at all times thereafter, to sup-
ply International Woodworkers of America, Local 7-140, CIO, as
the exclusive representative of its employees, information requested
by said Union as was relevant and necessary for proper and intelligent
collective bargaining between the parties, each of the Respondents has
engaged in and is engaging in unfair labor practices within the mean-
ing of Section 8 (a) (5) of the Act:
6. By the aforesaid refusals to bargain, the Respondents have in-
terfered with, restrained, and coerced employees in the exercise of the
rights guaranteed in Section 7 of the Act, and have engaged in and are
engaging in unfair labor practices within the meaning of Section 8
(a) (1) of the Act.
7. The aforesaid unfair labor practices are unfair labor practices af-
fecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board hereby orders that each of the Respondents, its officers, agents,
successors, and assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with International Woodwork-
ers of America, Local 7-140, CIO, as the exclusive representative of
its employees in the appropriate unit, by refusing to furnish relevant
and necessary data requested by such representative for purposes of
collective bargaining.
(b) In any like or related manner interfering with efforts of such
representative of its employees to bargain collectively in their behalf.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a)' Upon request bargain collectively with International Wood-
workers of America, Local 7-140, CIO, as the exclusive bargaining
representative of its employees in the appropriate unit, with respect
to wages, rates of pay, hours of employment, or other conditions of
employment, and, if an understanding is reached, embody such un-
derstanding in a signed agreement.
(b) Bargain collectively by furnishing International Woodworkers
of America, Local 7-140, CIO, upon request, information which is
relevant and necessary for purposes of collective bargaining and in
order that it may properly discharge its functions as the statutory-
representative of the employees in the appropriate unit.
(c) Post at its plants in the State of Oregon, where the employees
in the appropriate units are employed, copies of the notice attached
hereto and marked "Appendix:" 4 Copies of said notice, to be fur-
nished by the Regional Director for the Nineteenth Region, shall, after
being duly signed by the Respondent's representative, be posted by the
Respondent immediately upon receipt thereof, and maintained by it
for a period of sixty (60) consecutive days thereafter, including all
places where notices to employees are customarily posted. Reasonable
steps shall be taken to insure that stud notices are not altered, defaced,
or covered by any other material. The Regional Director will insert
in the blank in said notice the description of the appropriate unit ap-
plicable to the particular Respondent involved.
(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.
CHAIRMAN FARMER, concurring :
On the bases and for the reasons stated in my separate concurrence
in the Oregon Coast Operators case, supra, I concur in this case.
In the event that this Order is enforced by a decree of a United States Court of Ap-
peals , there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order."
LOCAL UNION NO. 9 1237
MEMBER RODGERS, concurring and dissenting :
I concur and dissent in the present case to the extent and for the
reasons indicated in my separate opinion in the Oregon Coast Opera-
tors case, supra.
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT refuse to bargain collectively with International
Woodworkers of America, Local 7-140, CIO, as the exclusive
representative of our employees in the appropriate unit described
below, by failing and refusing to furnish to said union relevant
and necessary information requested by said Union for purposes
of collective bargaining, or in any like or related manner inter-
fere with the efforts of the said Union as the exclusive representa-
tive of the employees to bargain collectively in their behalf.
WE WILL furnish the above-named Union relevant and necessary
information requested by said Union for purposes of collective
bargaining and in order that it may properly discharge its func-
tions as the statutory representative of the employees in the
appropriate unit. The appropriate bargaining unit is:
(The description of the bargaining unit for each Respondent
shall be that found in section III of this Decision.)
Employer.
Dated---------------- By-------- ----------------------------
(Representative ) ( Title)
Dated---------------- By-------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Local Union No. 9, Wood , Wire & Metal Lathers International
Union, AFL and Anning-Johnson Company. Case No. 5-CD-13.
August 26,1955
DECISION AND DETERMINATION OF DISPUTE
This proceeding arises under Section 10 (k) of the Act, which pro-
vides that "Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) (D) of
113 NLRB No. 118.