Plywood and Veneer Workers

National Labor Relations Board - Board Decisions

Nov 29, 1976

226 N.L.R.B. 1199 (N.L.R.B. 1976)

PLYWOOD & VENEER WORKERS
Plywood and Veneer Workers Local Union No. 2789,
affiliated with Redwood District Council of Lumber
and Sawmill Workers and Simpson Timber Compa-
ny and International Woodworkers of America, Lo-
cal 3-98, AFL-CIO-CLC. Case 20-CD-477
November 29, 1976
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND PENELLO
On August 26, 1976, Administrative Law Judge
Russell L. Stevens issued the attached Decision in
this proceeding. Thereafter, Respondent filed excep-
tions and a supporting brief, and Charging Party
filed an answering brief.'
Pursuant to the provisions of Section 3(b) of the
National Lat or Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the record and the at-
tached Decision in light of the exceptions and briefs
and has decided to affirm the rulings, findings,' and
conclusions of the Administrative Law Judge and to
adopt his recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board adopts as its Order the recommended
Order of the Administrative Law Judge and hereby
orders that the Respondent, Plywood and Veneer
Workers Local Union No. 2789, affiliated with Red-
wood District Council of Lumber and Sawmill
Workers, its officers, agents, and representatives,
shall take the action set forth in said recommended
Order, except that the attached notice is substituted
for that of the Administrative Law Judge.
i The Charging Party filed a motion to correct the record of appearances
The record is hereby corrected to show that George J Tichy 11, Esq , and
Maureen E McClain , Esq , represented and appeared on behalf of Charg-
inq Party in the instant proceeding
Relying entirely on the record in the Board's Decision and Determina-
tion of Dispute (223 NLRB 588 1976)). and the complaint herein, the Ad-
ministrative Law Judge concluded that Respondent violated Sec
8(bx4)(i)(D) by picketing the Charging Party and that Respondent violated
Sec 8(b)(4xu)(D) by threatening Charging Party with picketing and/or
strike action with the object of forcing assignment of the disputed work to
employees represented by Respondent rather than to employees represented
by International Woodworkers of America . Local 3-98 , AFL-CIO-CLC In
so concluding , the Administrative Law Judge failed to make explicit find-
ings that Respondent engaged in such unlawful conduct Respondent,
which neither appeared nor presented evidence at the hearing, not only
admits that it engaged in the aforementioned conduct, but also that it failed
to comply with the Board ' s Decision and Determination of Dispute Ac-
cordingly , we find that Respondent violated the Act as alleged in the com-
plaint
APPENDIX
1199
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
After a hearing at which all sides had the opportunity
to present their evidence, the National Labor Rela-
tions Board has found that we violated the National
Labor Relations Act, as amended, and has ordered
us to post this notice. We intend to carry out the
Order of the Board and abide by the following:
WE WILL NOT cause Simpson Timber Compa-
ny to be picketed at its facility called the Mad
River Plywood Plant located at Arcata, Califor-
nia, with the object of forcing or requiring Simp-
son to assign the operation of the front-end log
loader at said plant to employees who were and
are members of, or represented by, Plywood and
Veneer Workers Local Union No. 2789, affiliat-
ed with Redowood District Council of Lumber
and Sawmill Workers, rather than to employees
who were and are members of, or represented
by, International Woodworkers of America, Lo-
cal 3-98, AFL-CIO-CLC, and who are em-
ployed by Simpson Timber Company.
WE WILL NOT threaten Simpson Timber Com-
pany with further picketing and/or strike action
at its aforesaid Mad River plant with the object
of forcing or requiring Simpson to assign the op-
eration of the front-end log loader at said plant
to employees who were and are members of, or
represented by, Plywood and Veneer Workers
Local Union No. 2789, affiliated with Redwood
District Council of Lumber and Sawmill Work-
ers, rather than to employees who were and are
members of, or represented by International
Woodworkers of America, Local 3-98, AFL-
CIO-CLC, and who are employed by Simpson
Timber Company.
PLYWOOD AND VENEER WORKERS LOCAL
UNION No. 2789, AFFILIATED WITH REDWOOD
DISTRICT COUNCIL OF LUMBER AND SAWMILL
WORKERS
DECISION
STATEMENT OF THE CASE
RUSSELL L. STEVENS, Administrative Law Judge. This
matter was heard at San Francisco, California, on July 29,
226 NLRB No. 172
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1976.1 The complaint, issued on April 28, 1976, is based
upon an original charge filed on September 22, a first
amended charge filed on April 22, 1976, and a second
amended charged filed on April 23, 1976, by Simpson Tim-
ber Company, hereinafter referred to as Simpson. The
complaint alleges that Plywood and Veneer Workers Local
Union No. 2789, affiliated with Redwood District Council
of Lumber and Sawmill Workers, hereinafter referred to as
Respondent, violated Section 8(b)(4)(i)(D) and (ii)(D) of
the National Labor Relations Act, as amended, hereinafter
referred to as the Act.
All parties were given full opportunity to participate, to
introduce relevant evidence, to examine and cross-examine
witnesses , to argue orally, and to file briefs. Respondent
did not appear, nor was Respondent represented, at the
hearing. General Counsel and Simpson waived the filing of
briefs.
Upon the entire record of the case , I make the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
At all material times herein Simpson Timber Company,
a State of Washington corporation with a place of business
at Arcata, California, has been engaged in the business of
timbering and wood processing During the past year, in
the course and conduct of its business operations, Simpson
received revenues in excess of $500,000, purchased goods
and services directly from outside the State of California
valued in excess of $50,000, and sold goods outside the
State of California which originated from within the State
valued in excess of $50,000.
I find that Simpson is, and at all times material herein
has been, an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
II. THE LABOR ORGANIZATIONS INVOLVED
Respondent and International Woodworkers of Amer-
ica, Local 3-98, AFL-CIO-CLC, herein called Woodwork-
ers, are , and at all times material herein have been, labor
organizations within the meaning of Section 2 (5) of the
Act.
employees who were and are members of or represented by
Woodworkers, and who are employed by Simpson.
The complaint further alleges that, on April 2, 1976, the
National Labor Relations Board issued its Decision and
Determination of Dispute in Plywood and Veneer Workers
Local Union No. 2789, affiliated with Redwood District
Council of Lumber and Sawmill Workers, 223 NLRB 588,
awarding to employees of Simpson who are represented by
Woodworkers, rather than to employees who are repre-
sented by Respondent, the following work:
The operation of the front-end log loader at the Em-
ployer's Mad River plywood plant, Arcata, California.
The complaint also alleges that said Decision and Determi-
nation of Dispute further provided that Respondent:
shall notify the Regional Director for Region 20 [of
the National Labor Relations Board], in writing,
whether or not it will refrain from forcing or requiring
Simpson Timber Company, by means proscribed in
Section 8(b)(4)(D), to assign the disputed work to its
members rather than to employees represented by
[Woodworkers].
Finally, the complaint alleges that, on April 9, 1976, Re-
spondent disavowed the Board's aforesaid Decision and
Determination of Dispute, and at all times since has failed
and refused to give the notification and assurance required
by said Decision and Determination of Dispute.
In support of his allegations General Counsel introduced
into evidence at hearing, the record, Decision and Deter-
mination of Dispute referred to above.' Respondent did
not appear or present any evidence.
IV THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
Respondent's activities set forth in section III, above,
occurring in connection with the operations of Respondent
described in section I, above, have a close, intimate, and
substantial relationship to trade, traffic, and commerce
among the several States and tend to lead to labor disputes
burdening and obstructing commerce and the free flow of
commerce.
THE REMEDY
III. THE ALLEGED UNFAIR LABOR PRACTICES
The complaint alleges that, on or about September 20,
Respondent, by its officers, agents, and representatives,
caused Simpson to be picketed at its facility called the Mad
River plywood plant located at Arcata, California; and
that, on or about September 20, Respondent, by its offi-
cers, agents, and representatives, threatened Simpson with
further picketing and/or strike action at its Mad River ply-
wood plant located at Arcata, California, in order to force
or require Simpson to assign the operation of the front-end
log loader at said plant to employees who were and are
members of or represented by Respondent, rather than to
Having found that Respondent has engaged in unfair
labor practices in violation of Section 8(b)(4)(i)(D) and
(ii)(D) of the Act, I shall recommend that it be ordered to
cease and desist therefrom, and to take certain affirmative
action designed to effectuate the policies of the Act.
Upon the basis of the foregoing findings of fact, and
upon the entire record, I hereby make the following:
CONCLUSIONS OF LAW
1. Simpson Timber Company is, and at all times mate-
nal herein has been, an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the Act.
2. Plywood and Veneer Workers Local Union No. 2789,
All dates hereinafter are within 1975, unless stated to be otherwise '223 NLRB 588
PLYWOOD & VENEER WORKERS 1201
affiliated with Redwood District Council of Lumber and
Sawmill Workers , and International Woodworkers of
America, Local 3-98, AFL-CIO-CLC, are, and at all times
material herein have been , labor organizations within the
meaning of Section 2 (5) of the Act.
3. By causing Simpson to be picketed at its facility
called the Mad River plywood plant located at Arcata,
California , with the object of forcing or requiring Simpson
to assign the operation of the front -end log loader at said
plant to employees who were and are members of, or repre-
sented by Respondent , rather than to employees who were
and are members of, or represented by Woodworkers, and
who are employed by Simpson , Respondent violated Sec-
tion 8(b)(4)(i)(D) of the Act.
4. By threatening Simpson with further picketing and/or
strike action at its aforesaid Mad River plywood plant with
the object of forcing or requiring Simpson to assign the
operation of the front -end log loader at said plant to em-
ployees who were and are members of, or represented by
Respondent , rather than to employees who were and are
members of , or represented by Woodworkers , and who are
employed by Simpson , Respondent violated Section
8(b)(4)(ii)(D) of the Act.
5. The aforesaid unfair labor practices described in
paragraphs 3 and 4 next preceding are unfair labor prac-
tices affecting commerce within the meaning of Section
2(6) and (7) of the Act.
Upon the basis of the foregoing findings of fact , conclu-
sions of law , and the entire record in the case , and pur-
suant to Section 10(c) of the Act , I hereby issue the follow-
ing recommended:
ORDER'
Respondent Plywood and Veneer Workers Local Union
No. 2789, affiliated with Redwood District Council of
3 In the event no exceptions are filed as provided by Sec 102 46 of the
Rules and Regulations of the National Labor Relations Board , the findings,
conclusions, and recommended Order herein shall, as provided in Sec
102 48 of the Rules and Regulations , be adopted by the Board and become
its findings, conclusions, and Order, and all objections thereto shall be
deemed waived for all purposes
Lumber and Sawmill Workers, its officers, agents, and rep-
resentatives, shall.
1. Cease and desist from:
(a) Causing Simpson Timber Company to be picketed at
its facility called the Mad River plywood plant located at
Arcata, California, with the object of forcing or requiring
Simpson to assign the operation of the front-end log loader
at said plant to employees who were and are members of,
or represented by Respondent, rather than to employees
who were and are members of, or represented by Wood-
workers, and who are employed by Simpson.
(b) Threatening Simpson Timber Company with further
picketing and/or strike action at its aforesaid Mad River
plant with the object of forcing or requiring Simpson to
assign the operation of the front-end log loader at said
plant to employees who were and are members of, or repre-
sented by Respondent, rather than to employees who were
and are members of, or represented by Woodworkers, and
who are employed by Simpson.
2. Take the following affirmative action designed to ef-
fectuate the policies of the Act:
(a) Post at its business office copies of the attached no-
tice marked "Appendix." 4 Copies of said notice, on forms
provided by the Regional Director for Region 20, after
being duly signed by Respondent's representative, shall be
posted by Respondent immediately upon receipt thereof,
and be maintained by it for 60 consectutive days thereaf-
ter, in conspicuous places, including all places where no-
tices customarily are posted. Reasonable steps shall be tak-
en by the Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(b) Sign and mail a sufficient number of copies of said
notice to the Regional Director for Region 20, for posting
by Simpson Timber Company, such employer being will-
ing, at all places where notices to its employees customarily
are posted
(c) Notify the Regional Director for Region 20, in writ-
ing, within 20 days from the date of this Order, what steps
the Respondent has taken to comply herewith.
° In the event the Board's Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading, "Posted by Order
of the National Labor Relations Board" shall read "Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board "