Milton Box Co.

National Labor Relations Board - Board Decisions

Jan 29, 1940

19 N.L.R.B. 1036 (N.L.R.B. 1940)

In the Matter of MILTON Box COMPANY and LUMBER AND SAWMILL
WORKERS UNION, LOCAL No. 2644, CHARTERED BY THE UNITED BROTH-
ERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. C-1461.-Decided January 29, 1940
Lumber, Wooden Box, and Lumber Byproducts Manufacturing Industry-
Settlement : stipulation providing for compliance with the Act, including back
pay to two employees-Order: entered on stipulation.
Mr. Patrick H. Walker, for the Board.
Mr. Henry M. Kaye, of Milton, Oreg., and Mr. Cameron Sherwood,
of Walla Walla, Wash., for the respondent.
Mr. C. A. Paddock, of Eugene, Oreg., for the Union.
Mr. J. H. Krug, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge duly filed by Lumber and Sawmill
Workers Union, Local No. 2644, chartered by the United Brotherhood
of Carpenters and Joiners of America , affiliated with the American
Federation of Labor, ' herein called the Union , the National Labor
Relations Board, herein called the Board, by its Regional Director for
the Nineteenth Region ( Seattle, Washington ), issued its complaint
dated September 29, 1939, against Milton Box Company , Milton, Ore-
gon, herein called the respondent , alleging that the respondent had
engaged in and was engaging in unfair labor practices within the
meaning of Section 8 (1) 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 , accompanied by a notice of hearing , were duly
served upon the respondent and upon the Union. On October 23, 1939,
the Board , by the said Regional Director , issued an order amending
' This is the name of the labor organization as it appears in the complaint and in the
stipulation. In the amended charge it appears as follows : "Lumber and Sawmill Workers
Union , Local No. 2644 , Chartered By United Brotherhood Of Carpenters And Joiners Of
America, Affiliated With The A . F. Of L."
19 N. L. R. B., No. 104.
1036
IISLTON BOX COMPANY 1037
the complaint, copies of which were duly served upon the respondent
and upon the Union.
Concerning the unfair labor practices, the complaint, as amended,
alleged in substance: (1) that the respondent discriminatorily dis-
charged and refused to reinstate four individuals 2 because they had
joined and assisted the Union; (2) that by the foregoing acts, and by
causing statements to be made to its employees indicating opposition
to its employees being members of a labor organization, by stating
that employees who did not have membership in a labor organization
would be given preference in employment, by instituting and main-
taining surveillance of the conduct of its employees to determine the
union or non-union affiliation of its employees, and by other acts, the
respondent interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act. On or
about October 10, 1939, the respondent filed an answer to the complaint,
in which it challenged the jurisdiction of the Board and denied that
it had engaged in the alleged unfair labor practices. The respondent
also filed a demurrer and motion to quash the complaint on the ground
that the Board had no jurisdiction over the respondent and that, for
various reasons, the complaint was defective and invalid.3
Thereafter, the respondent, the Union, and the Board entered into
a stipulation, dated December 30, 1939, in settlement of the case, sub-
ject to the approval of the Board. This stipulation provides as
follows :
This Stipulation made and entered into by and between the
Milton Box Company, an Oregon corporation, by and through
its attorneys Henry M. Kaye, and Cameron Sherwood; Lumber
and Sawmill Workers Union, Local No. 2644, chartered by the
United Brotherhood of Carpenters and Joiners of America, affil-
iated with the American Federation of Labor, by and through
its representative, and Patrick H. Walker, attorney for the Na-
tional Labor Relations Board, Nineteenth Region :
WITNESSETH :
WHEREAS upon charges duly filed by the Lumber and Sawmill
Workers Union, Local No. 2644, chartered by the United Brother-
hood of Carpenters and Joiners of America, affiliated with the
American Federation of Labor, the National Labor Relations
Board, by the Regional Director for the Nineteenth Region, acting
2 According to the allegations in the complaint , as amended, the names of these em-
ployees and the dates upon which they were discharged are as follows : Howard Grogan
and Juanita Jones, on or about June 30, 1939 ; Stanley Obert, on or about June 18, 1939 ;
and Bryan Kibbey, on or about August 29, 1939.
8 In the stipulation later entered into by the parties, see infra, it is provided that the
respondent 's answer to the complaint shall be construed to be its answer to the com-
plaint, as amended, and that the demurrer and motion to quash be withdrawn.
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, (49 Statute 449), and its Rules and Regula-
tions, Series 2, Article IV, Section 1, issued its complaint on the
29th day of September, 1939, against the respondent herein;
Now THEREFORE, it is stipulated, admitted and agreed as follows :
I
That the respondent is a corporation duly organized and exist-
ing by virtue of the laws of the State of Oregon, having its prin-
cipal place of business and office at Milton, Oregon. The respond-
ent is engaged in the manufacture, sale, and distribution of lum-
ber, box shook, wooden boxes, and lumber by-products.
II
The respondent in the course and conduct of the operation of
its plant at Milton, Oregon, manufactures annually lumber, box
shook, wooden boxes, and lumber by-products of the approximate
value of $483,395.55. The respondent in the course and conduct
of the operation of its plant at Milton, Oregon, causes, and has
continuously caused, substantial quantities of the products which
it manufactures, to-wit: 60 to 70% of the approximate value of
$299,196.75 to be sold, shipped, and transported to, into, and
through States of the United States other than the State of
Oregon.
III
The respondent in the course and conduct of its business causes
to be purchased annually raw products of the approximate value
of $156 ,997.94 . Of the total products purchased by the respond-
ent approximately 1% of the annual valuation of $1,569.98 are
purchased , shipped, and transported from and through States of
the United States, other than the State of Oregon.
IV
Local No. 2644, chartered by the United Brotherhood of Car-
penters and Joiners of America, affiliated with the American
Federation of Labor, is a labor organization as defined in Section
2, subsection 5 of the National Labor Relations Act.
V
That to Juanita Jones, Howard Grogan, and Stanley Obert,
respondent offered full and complete reinstatement to their
former positions without loss of seniority or other rights and
privileges , which said offer was declined by each of them.
MILTON BOX COMPANY
VI
1039
Upon the basis of the record , which includes the pleadings and
this stipulation , the respondent hereby expressly waives the right
to a hearing and expressly waives the making of Findings of Fact
and Conclusions of Law by the Board.
VII
Upon the basis of the record herein, which includes the plead-
ings and this stipulation, the respondent expressly consents that
an order may be entered by the Board, if it approves this stipula-
tion, which order shall have the same force and effect as if made
after hearing, findings of fact, and conclusions of law, ordering
that
Milton Box Company, its officers, agents, successors and assigns,
shall
1. Cease and desist from
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of the right 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 National Labor
Relations Act;
(b) Discouraging membership in Local 2644, chartered by the
United Brotherhood of Carpenters and Joiners, affiliated with the
American Federation of Labor, or in any other labor organization
of its employees, by demoting, discharging or threatening to dis-
charge, or refusing to reinstate any of its employees for joining or
assisting said Local 2644, or any other labor organization of its
employees ;
(c) Permitting its foremen or other supervisory employees to
urge, persuade, or warn its employees for the purpose of in-
fluencing or coercing them in their choice of a labor organization;
(d) Discouraging membership in said Local 2644, or any other
labor organization of its employees by discrimination in regard
to hire or tenure of employment or any term or condition pf
employment.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Pay to the employees hereinafter named in settlement for
any loss of pay they have suffered by reason of their discharge the
sums hereinafter respectively set out after their names:
Juanita Jones-------------------------------------- $153.33
Bryan Kibbey-------------------------------------- 100.00
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Require its foremen or other supervisory employees to
cease and desist from urging, persuading or warning its employees
for the purpose of influencing or coercing them in their choice of
a labor organization;
(c) Post and keep visible in conspicuous and prominent places
in the plants of the respondent at Pendleton and Milton, Oregon,
copy of this Order for a period of 60 days after receipt of a copy
of the same from the National Labor Relations Board; and
(d) Notify the Regional Director for the Nineteenth Region in
writing within 10 days from date of this Order, what steps re-
spondent has taken to comply therewith.
VIII
It is further stipulated by and between the parties hereto that
upon application by the Board, without notice to the respondent
of the filing of a petition by the Board, which notice the respond-
ent hereby expressly waives, the respondent further expressly
consents that the Circuit Court of Appeals for the appropriate
circuit may enter a decree enforcing the said Order above set forth.
IX
It is further stipulated by and between the parties hereto that
this stipulation and the pleadings herein shall be filed with the
Chief Trial Examiner for the Board.
X
It is further understood and agreed by and between the parties
hereto that there are no oral agreements which vary, alter, or
add to this stipulation.
XI
It is further understood and agreed by and between the parties
hereto that this stipulation shall for all purposes be considered a
substitute for and replacement of that certain stipulation entered .
into by and between the parties hereto and dated October 27, 1095
and said former stipulation shall have no further force or effect
and shall not be given further consideration herein.
XII
It is further stipulated by and between the parties hereto that
this stipulation is subject to the approval of the National Labor
Relations Board after submission to the Board in Washington.
MILTON BOX COMPANY 1041
D. C., and shall have no force or effect whatsoever unless and until
the-same is approved by the Board.
XIII
It is further stipulated that the respondent's answer to the com-
plaint herein shall be construed to be its answer to the complaint
as amended. It is further stipulated by and between the parties
hereto that the respondent's demurrer and motion to quash be,
and the same hereby is withdrawn.
On January 12, 1940, the Board. issued an order approving the above
stipulation, making it a part of the record in the case, and transferring
the proceeding to the Board for the purpose of entry of a decision and
order pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
.The respondent, Milton Box Company, an Oregon corporation with
its principal office and place of business at Milton, Oregon, is engaged
in the manufacture and sale of lumber, box shook, wooden boxes, and
lumber byproducts. The respondent annually uses raw materials
amounting to approximately $156,997.94 in value, of which approxi-
mately 1 per cent is purchased in and shipped from States other than
Oregon. At its Milton plant, .the respondent annually manufactures
products amounting to approximately $483,395.55, of which 60 to 70
per cent, amounting to approximately $299,196.75, is shipped to States
other than Oregon.
We find that the unfair labor practices set forth in the complaint,
as amended, occurring in connection with the operations of the re-
spondent described in the preceding paragraph herein, have a close,
intimate, and substantial relation to trade, traffic, and commerce
among. the. several. States, and tend-to lead, to labor disputes burden-
ing and obstructing commerce and the free flow commerce.
II. THE ORGANIZATION INVOLVED
Lumber and Sawmill Workers Union, Local No. 2644, chartered by
the United Brotherhood of Carpenters and Joiners of America, affili-
ated- with the American Federation of Labor, is a labor organization,
within the meaning of Section 2 (5) of the Act.
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above -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 orders that Milton Box Company, Milton, Oregon, its officers,
agents, successors, and assigns shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of the right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted ac-
tivities for the purpose of collective bargaining, or other mutual aid
or protection, as guaranteed in Section 7 of the National Labor
Relations Act;.
(b) Discouraging membership in Lumber and Sawmill Workers
Union, Local No. 2644, chartered by the United Brotherhood of Car-
penters and Joiners of America, affiliated with the American Feder-
ation of Labor, or in any other labor organization of its employees,
by demoting, discharging or threatening to discharge, or refusing to
reinstate any of its employees for joining or assisting said Lumber
and Sawmill Workers Union, Local No. 2644, or any other labor
organization of its employees;
(c) Permitting its foremen or other supervisory employees to urge,
persuade, or warn its employees for the purpose of influencing or
coercing them in their choice of a labor organization;.
(d) Discouraging membership in said Lumber and Sawmill
Workers Union, Local No. 2644, or any other labor organization of
its employees by discrimination in regard to hire or tenure of em-
ployment or any term or condition of employment.
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act :
(a) Pay to the employees hereinafter named in settlement for any
loss of pay they have suffered by reason of their discharge the sums
hereinafter respectively set out after their names :
Juanita Jones------------------------------------------- $153.33
Bryan Kibbey------------------------------------------- 100.00
(b) Require its foremen. or other supervisory . employees to cease
and desist from urging, persuading, or warning its employees for the
purpose of influencing or coercing them in their choice of a labor
organization;-.
. (c), Post and keep visible in conspicuous and prominent places
in the plants of the -said Milton Box Company at Pendleton and
MILTON BOX COMPANY 1043
Milton, Oregon, copy of this Order for a period of sixty (60) days
after receipt of a copy of the same from the National Labor Relations
Board; and
(d) Notify the Regional Director for the Nineteenth Region in
writing within ten (10) days from date of this Order, what steps the
said Milton Box Company has taken to comply therewith.