Ozan Lumber Co.

National Labor Relations Board - Board Decisions

Mar 3, 1941

30 N.L.R.B. 25 (N.L.R.B. 1941)

In the Matter Of OZAN LUMBER COMPANY and UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. C-1820.-Decided March 3, 1041
Jurisdiction : lumber industry.
Settlement : stipulation providing for compliance with the Act
Remedial Orders: entered on stipulation.
ilh, , . Charles A. Kyle, for the Board.
111cRae c6 Tompkins, by Mr. Charles H. Tompkins and Cllr. IV. V.
Tompkins, of Prescott, Ark., for the respondent.
Mr. Charles Forbess, of Fordyce, Ark., for the Union.
Mr. Eugene Dl. Purver, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Brotherhood of Carpenters
and Joiners of America, affiliated with American Federation of
Labor, herein called the Union, the National Labor R^latnons Board,
herein called the Board, by Charles H. Logan, Regional Director
for the Fifteenth Region (New Orleans, Louisiana), issued its com-
plaint dated January 23, 1941, against Ozan Lumber Company,
Delight, Arkansas, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce, 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. A copy of the complaint, accom-
panied by notice of hearing, was duly served upon the respondent
and the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent (1) on or about November 12, 1940,
discharged George A. Tilhnan and thereafter failed and refused to
reinstate him, because of his membership and activities in the Union,
thereby discriminating in regard to his hire and tenure of employ-
ment and discouraging membership in a labor organization; and
(2) by (a) spying on a union meeting, (b) warning its employees
30 N. L. R. B, No. 3.
25
26 , DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
against becoming or remaining members of the Union , ( c) threaten-
ing its employees with loss of employment if a majority became
or remained members of the Union , ( d) making non -membership
in the Union a condition of employment, and (e) other acts, thereby
interfered with, restrained , and coerced its employees in the exercise
of the rights of self-organization as guaranteed in Section 7 of
the Act.
On January 30, 1941, the res'pondent filed its answer to the com-
plaint, admitting facts concerning the nature of its business but
denying that it had engaged in the unfair labor practices alleged
in the complaint.
Pursuant to notice, a hearing was held on February 10, 1941,
before Horace A. Ruckel, the Trial Examiner duly designated by
the Board. The Board and the respondent were represented by
counsel and participated in the hearing. At the hearing, the re-
spondent , the Union , and counsel, for the Board entered into a stipu-
lation in settlement of the case . The hearing was thereupon ad-
journed indefinitely.
The stipulation provides as follows :
Charges having been filed with the Regional Director, Na-
tional Labor Relations Board, Fifteenth Region, complaint was
issued and served on all parties wherein. and whereby it was
alleged that the respondent engaged in unfair labor practices
in violation of Section 8 (1) and (3) of the National Labor
Relations Act (49 Stat. 449). All parties hereto acknowledge
service of the Complaint, Notice of Hearing, and charge.
It being the intention of the parties to dispose of the matters
which have arisen, and without admission on the part of the
company that it has committed any unfair labor practices, it
is hereby stipulated and agreed by and among the Ozan Lumber
Company, by J. R. Bemis, its President; and United Brother-
hood of Carpenters and Joiners of America, affiliated with the
American ,Federation of Labor, by Charles Forbess, its repre-
sentative , and by Charles A. Kyle, designated Attorney in this
matter, National Labor Relations Board, Fifteenth Region, as
follows :
1. Respondent is a corporation existing under and by virtue of
the laws of the State of Arkansas, with its principal office and
place of business, at Prescott, Arkansas. In Delight, Arkansas
respondent owns ' and operates a saw and planing mill where
raw lumber is manufactured and sold. Over 90% of all raw
materials, which consist principally of lumber, are obtained from
points within the State of Arkansas. Approximately 7517o of
the finished lumber produced at Delight, Arkansas, is shipped
OZAN LUMBER COMPANY 27
from Delight to points outside the State of Arkansas. For the
purposes of this proceeding, respondent admits that it is engaged
in interstate commerce within the meaning of Section 2, sub-
sections (6) and (7) of the National Labor Relations Act.
2. All parties hereto waive all further and other procedure
provided by the National Labor Relations Act and the Rules
and Regulations of the National Labor Relations Board, includ-
ing the taking of testimony and the making of findings of fact
and conclusions of law.
3. This Stipulation, together with the Charge, Complaint, and
Notice of Hearing, and Answer, and the Transcript, shall con-
stitute the Record herein upon being filed with the Chief Trial
Examiner of the National Labor Relations Board, Washington,
D. C., or with the Trial Examiner designated in this matter.
4. Respondent agrees to offer to George Tillman immediate
and full reinstatement to his former employment without preju-
dice to his rights and privileges, and to pay to said George
Tillman the sum of One Hundred and and Fifty Dollars.
5. On the basis of the facts stipulated in paragraph 1 above,
the pleadings and the record described in Paragraph 3 above,
this stipulation, and by agreement of the parties hereto, the
National Labor Relations Board may enter its order in the
following form in the above -entitled case :
ORDER
The National Labor Relations Board hereby orders that Ozan
Lumber Company, its officers , agents, successors , and assigns :
1. Shall not :
(a) In any manner interfere with, restrain or coerce its em-
ployees 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 purpose of collective bargaining
or other mutual aid or protection as guaranteed in Section 7
of the National Labor Relations Act;
(b) Discriminate against any employee because of his mem-
bership in or activities in behalf of the United Brotherhood of
Carpenters and Joiners of America, affiliated with the American
Federation of Labor;
(c) Discourage membership in the United Brotherhood of
Carpenters and Joiners of America, affiliated with the Ameri-
can Federation of Labor, or any other labor organization of its
employees.
28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action to effectuate the
policies of the Act;
(a) Post notices in conspicuous places in its lumber mill at
Delight, Arkansas, such notices to remain posted for a period
of 60 clays; and to state that the respondent shall not engage
in the conduct aforementioned.
(b) Offer to George Tillman immediate and full reinstate-
ment to his former employment without prejudice to his rights
and privileges, and pay to said George Tillman the sum of
One Hundred and Fifty Dollars.
6. Respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit,
upon application of the Board, of a consent decree enforcing
an order of the Board in the form herein-above set forth, and
hereby waives further notice of the application for such decree.
The Board will, as soon, as conveniently possible, make applica-
tion for said consent decree.
7., It is further understood and agreed that this stipulation
embodies the entire agreement' between the parties and there
is no verbal agreement of any kind which varies , alters, or adds
to this stipulation.
8. , It is further understood and agreed tliat this stipulation
is subject to the approval of the National Labor Relations
Board, and shall be effective upon issuance by the Board of its
approval of this stipulation.
9. It is further stipulated and agreed that the following
paragraph shall be added to and become a part of paragraph 2
of the order, to be designated as paragraph 2 (c).:
(c) Notify the Regional Director for the Fifteenth Region
of the National Labor Relations Board, in writing, within
ten days of the issuance of this Order what steps have been
taken in compliance herewith.
On' February 19, 1941, the Board issued its order approving' the
above stipulation, making it part, of the record in the case, and,'
pursuant to Article IT, Section` 36, of National Labor Relations
Board Rules and Regulations-Series 2, as amended , transferring
the case to the Board for the purpose of entry of a 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 :
OZAN LUMBER CO IPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
29
Ozan Lumber Company, the respondent, is an Arkansas corpora-
tion with its principal office and place of business at Prescott, Ar-
kansas. It owns and operates in Delight, Arkansas, a saw and
planing mill where raw lumber is manufactured and sold. Less
than 10 per cent of the raw materials which the respondent uses
are obtained from points outside the State of Arkansas. Approxi-
mately 75 per cent of the finished lumber produced at Delight,
Arkansas, is shipped therefrom to points outside the State of Arkan-
sas. For the purposes of this proceeding the respondent admits
that it is engaged in interstate commerce within the meaning of
Section 2 (6) and (7) of the Act.
We find that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and commerce among
the several States.
ORDER
Upon the basis of the above findings of fact, 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 Ozan Lumber Company, Delight, Arkansas,
its officers, agents, successors, and assigns :
1. Shall not :
(a) In any manner interfere with, restrain or coerce its employees
in the exercise of their rights to self-organization, to form, join,
or assist labor organizations, to bargain collectively through repre-
sentatives of their own choosing and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid
or protection as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discriminate against any employee because of his membership
in or activities in behalf of the United Brotherhood of Carpenters
and Joiners of America, affiliated with the American Federation of
Labor;
(c) Discourage membership in the United Brotherhood of Car-
penters and Joiners of America, affiliated with the American Federa-
tion of Labor, or any other labor organization of its employees.
2. Take the following affirmative action to effectuate the policies
of the Act : -
(a) Post notices in conspicuous places in its lumber mill at De-
light, Arkansas, such notices to remain posted for a period of sixty
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(60) days, and to state that the respondent shall not engage in the
conduct aforementioned;
(b) Offer to George Tillman immediate and full reinstatement
to his former employment without prejudice - to his rights and
privileges , and pay to said George Tillman the sum of One Hundred
and Fifty Dollars;
(c) Notify the Regional Director for the Fifteenth Region of
the National Labor Relations Board, in writing, within ten (10)
days of the issuance of this Order what steps have been taken in
compliance herewith.