Silver Falls Timber Co.

National Labor Relations Board - Board Decisions

Feb 14, 1941

29 N.L.R.B. 639 (N.L.R.B. 1941)

In the Matter of SILVER FALLS TIMBER COMPANY AND WILLAMETTE VAL-
LEY LUMBER OPERATORS ASSOCIATION' and INTERNATIONAL WOOD-
WORKERS OF AMERICA, LOCAL No. 5-104, AFFILIATED WITH THE C. I. O.
Case No. C-1762.-Decided February 14, 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.
Carey, Hart, Spencer di McCulloch, of Portland, Oreg., by Mr.
Philip Chipman, for respondent Silver Falls.
Mr. Lawrence T. Harris, for respondent Operators Association.
Green, Boesen cPc Landye, for I. W. A., Local 5-104.
Cake, Jaureguy & Tooze, of Portland, Oreg., for I. E. U. and I. E. U.
Local 28-2.
Mr. Edward Schewnemunn, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Woodworkers of America, Local No. 5-104, affiliated with the C. I. 0.,
herein called I. W. A. Local 5-104, the National Labor Relations Board,
herein called the Board, by the Regional Director for the Nineteenth
Region (Seattle, Washington), issued its complaint dated November
15,1940, against the Silver Falls Timber Company, herein called the re-
spondent Silver Falls, and the Willamette Valley Lumber Operators'
Association, herein called the respondent Operators Association, alleg-
ing that they had engaged in and were engaging in unfair labor prac-
tices 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 notice
of hearing thereon were duly served upon the respondent Silver Falls,
the respondent Operators Association, the I. W. A. Local 5-104, Indus-
trial Employees Union, Inc., herein called the I. E. U., and Industrial
29 N L R. B., No. 112
639
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Employees Union, Inc., Local No. 28, District 2, herein called the
I. E. U. Local '28-2.
The complaint alleged in substance that the respondent Silver
Falls and the respondent Operators Association had dominated and
interfered with, the formation and administration of the I. E. U. and
1. E. U. Local 28-2 and contributed financial and other support to
them; discriminated with regard to the hire and tenure of employ-
ment of Jerry Desart; and interfered with, restrained, and coerced
employees of the respondent Silver Falls in the exercise of rights
guaranteed in Section 7 of the Act. -
On December 13, 1940, before any hearing was held, the respondent
Silver Falls, the respondent Operators Association, the I. W. A.
Local No. 5-104, the I. E. U., the I. E. U. Local 28-2, and counsel
for the Board, entered into a stipulation in settlement of the case.
The stipulation provides as follows:
This Agreement made and entered into by and between the
Silver Falls Timber Company, hereinafter called "respondent
Silver Falls," by and through Carey, Hart, Spencer and Mc-
Culloch, and Philip Chipman, its attorneys; Willamette Valley
Lumber Operators Association, hereinafter called "respondent
Operators Association," by and through Lawrence T. Harris, its
attorney; International Woodworkers of America, Local No.
5-104," by and through Green, Boesen & Landye, its attorneys;
Industrial Employees Union, Inc., and Industrial Employees
Union, Inc., Local No. 28, District 2, hereinafter called "I. E. U."
and "I. E. U. Local 28-2," by and-through Cake, Jaureguy &
Tooze, their attorneys; and William A. Babcock, Jr., attorney
for the National Labor Relations Board,,
WrrNESSETH :
'WHEREAS, An amended charge was duly filed in the above
matter by the International Woodworkers of America, Local No.
5-104, on October 4, 1940, and a complaint and notice of hearing
in the above matter based on said amended charge were duly
made and issued by the National Labor Relations Board on
.November 15, 1940, and duly served on, the above named parties,
which service is hereby acknowledged;
WHEREAS, there is now pending before the United States Cir-
cuit Court of Appeals for the Ninth Circuit, in the case of
National_ Labor Relations Board v. C. D. Johnson Lumber Cor-
poratio7i and Willamette Valley Lumber Operators Association,
Case No. 9393, a petition by the National Labor Relations Board
for the enforcement of Orders made and entered by the National
SILVER FALLS TIMBER COMPANY 641
Labor Relations Board on January 25 , 1940, in the matter of
the C. D. Johnson Lumber Corporation; Willamette Valley Lum-
ber'Operators Association , Inc., a corporation ; Industrial Em-
ployees 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, affili-
ated with 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, interfer-
ence 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. W. U.,
and the administration of the I. E. U. by the respondents, and
by other employer members of the 4L , are substantially the same
as the issues raised by similar allegations in the complaint in
the matter of the C. D. Johnson Lumber Corporation, et al, and
the facts and evidence concerning said allegations are substan-
tially the same as the facts and evidence developed in the hearing
in that matter ; and
WHEREAS, 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 Silver Falls is a corporation organized and exist-
ing under the laws of the State of Oregon with its principal,
office at Silverton ,• Oregon. Respondent Silver Falls is, and at
all times since on and before July 5, 1935 has been, continuously
engaged in the manufacturing and selling of lumber and lumber
products . It owns and operates , and at all times since on and
before said date, has owned and operated a lumber mill or manu-
facturing plant at Silverton, Oregon. In the course and conduct
of its business respondent Silver Falls causes , and at all times
since on and before July 5, 1935 , has continuously caused, the
greater portion of the lumber and lumber products manufactured
by it in its said plant to, be sold, shipped and transported from
said plant to, into and through states of the United States other
than the State of Oregon, and foreign countries. During the
years 1937 to 1940 the amounts of sales of the said respondent
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,and the amounts and percentages sold and shipped to points
outside the State of Oregon were approximately as follows :
WHOLESALE
1937 ----------------
1938----------------
1939----------------
1940----------------
RETAIL. WHOLESALE AND RETkIL
Feet Amount Feet Amount Feet Amount
58, 254, 920 $1,446,525 78 8, 699.036 8169 947 39 66,953 956 $1,616,473 17
54, 459, 501 1, 148,152 23 11,033 571 187,133 06 65, 493, 072 1,335 285 29
67, 784.386 1,499.553 90 9,036,227 163,342 91 76.820, 613 1,662,996 81
56,247,302 1,390,612 67 6,969,264 136,430 26 63, 256, 566 1,527,012 93
NOTE -All retail tales and approximately 10 percent of wholesale sales are intrastate . The balance
of 90 percent of wholesale sales is interstate
^II
Respondent Operators Association is, and at all times since
May 5, 1937 has been, a corporation organized under the laws
of the State of Oregon, with its principal office at Eugene, Ore-
gon, and a voluntary association of owners and operators en-
gaged in the manufacture and production of lumber and lumber
products in the Willamette Valley, State of Oregon. Respondent
Silver Falls 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 behalf of said employers in connection with
their labor and personnel problems, practices and policies, col-
lective 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 negotiations and executing collective bar-
gaining agreements with labor organizations in the interest of
and on behalf of said employers; and in other related and similar
activities in the interest of and behalf of said employers.
III
k
International Woodworkers of America, Local No. 5-104,
chartered by the International Woodworkers of America, affili-
ated with the Congress of Industrial Organizations is, and at all
times since September 24, 1937 has been, a labor organization
within the meaning of Section 2, subsection (5) of the Act.
I. E. U. and I. E. U. Local 28-2 are, and at all times since
May 17, 1937 have been, labor organizations within the meaning
of Section 2, subsection (5) of the Act.
SILVER FALLS TIMBER COMPANY 643
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
The amended charge, complaint, and notice of hearing referred
to above, the affidavit of service thereof, the order postponing
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, Wash-
ington, 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 Silver Falls and its officers, agents, successors
and assigns, shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of
I. E. U. Local 28-2 or the formation or administration of
any other labor organization, and contributing support to I. E. U.
Local 28-2, or any other labor organization of its employees;
(b) Recognizing I. E. U. Local 28-2 as the representative
of any of its employees for the purpose of dealing with it'
41^602--12-vol X20--42
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 I. E. U. Local 28-2 concerning wages, hours , and working
conditions , including the contract dated February 7, 1940;
(d) In any manner requiring its employees to contribute to
the support of I. E . U. Local 28-2, 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 organization;
(e) Encouraging membership in I. E. U. Local 28-2 and
discouraging membership in I., W . A. Local 5-104, or any
other labor organization of its employees , by requiring as a
condition of employment membership in I. E. U. Local 28-2;
(f) Discharging or demoting or threatening to discharge or
demote or refusing to re-employ or threatening to refuse to
re-employ any of its employees , or refusing or threatening to
refuse to assign extra or overtime work to any of its employees,
or in any other manner discriminating in regard to its em-
ployees' hire and tenure of employment , or any term or con-
dition of employment , because of their membership in or
activities on behalf of I. W. A. Local 5-104, or any other labor
organization of its employees , or failure to become or remain
members of I. E. U. Local 28-2, or any other labor organization
of its employees, to discourage or encourage membership in any
labor organization of its employees.
(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 choos-
ing and to engage in concerted activities for the purposes 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 :
(a) Withdraw all recognition from I.- E. U Local 28-2 as a
representative 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. Local 28-2 as such representative;
(b) Give to Jerry DeSart first preference in employment at
extra watchman's work, in addition to that performed by the reg-
ular watchman, and give to said Jerry DeSart such machine shop
work as he is capable of perfornnng, subject only to the prior
SILVER FALLS TIMBER COMPANY 645
seniority rights of other former employees of the machine shop,
and give to said Jerry DeSart first preference in employment at
gardening, without prejudice to the right of respondent-Silver
Falls to fill vacancies in the position of regular watchmen in the
usual manner and without discrimination against any employee
because of union activities or affiliation.
(c) Make whole the said Jerry DeSart from any losses lie may
have suffered by reason of discrimination against him by the
respondent Silver Falls , by payment to him of the sum of $42.50;
(d) Immediately post notices to all of its employees in con-
spicuous places about its plant at Silverton, 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 1 (g) of this order, both inclusive, and that
,it will take the affirmative action set forth in paragraphs 2 (a),
(b) and (c) of this order;
(e) 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.
B
Willamette Valley Lumber Operators Association , Inc., and its
officers, agents , successors , and assigns , shall :
1. Cease and desist from :
(a) Interfering with the administration of I. E . U. Local 28-2,
or the formation or administration of any other labor organi-
zation ;
(b) Giving effect to any contract it may have entered into with
I. E. U. Local 28-2, or with the I. E. U. affecting I. E. U. Local
28-2 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 issu-
ance 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-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 purposes 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 :
646 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.
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 Lumber
Corporation, and Sections 1 (a) and (b) of the order made and
entered by the Board against Willamette Valley Lumber Oper-
ators Association in the Matter of C. D. Johnson Lumber Corpo-
ratioii, 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 in so far as the same relate to the I. E. U. general
or parent organization, 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, in so far as they relate to the I. E. 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.
A
The Silver falls Timber Company and its officers, agents, suc-
cessors, and assigns, shall :
1. Cease and desist from :
(a) Dominating and interfering with the administration of the,
I. E. U., or with they 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 organization
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 griev-
SILVER FALLS TIMBER COMPANY 647
antes, 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
organizations;
(e) Acting through the Williamette 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 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 ;
(f) In any other manner interfering with; restraining, or
coercing its employees in the exercise of their rights to self-organi-
zation, 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 bar-
gaining 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 : I
(a) Withdraw all recognition from the I. E. U. as-representa-
tives of any of its employees for the purpose of dealing with it con-
cerning grievances, labor disputes, rates of pay, wages, hours of
employment, or other conditions of work, and completely dis-
establish 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 which it
has deducted from their wages, salaries or other earnings 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 conspicu-
ous places in and about its logging operations and its sawmill and
manufacturing plant at and near Silverton, Oregon, and maintain
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 para-
graphs 1 (a) to (g) 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'respondent has taken to comply herewith.
B
Willamette Valley Lumber Operators Association, Inc., 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 subdivision
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 Silver Falls.
(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
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 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 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,"Zs meant 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 applica-
tion or in its determination of such controversy if said application
SILVER, FALLS TIMBER COMPANY 649
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 construed 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 notices 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 decrees
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.
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 December 23, 1940, the Board issued its order approving the
above stipulation, making it a part of the record in the case, and
transferring the proceedings 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:
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
BUSINESS OF THE RESPONDENTS
Respondent Silver Falls , an Oregon corporation with its principal
office and place of business at Silverton , Oregon, is engaged in the
manufacture and sale of lumber and lumber products . During the
year 1940 , it sold materials valued at approximately $1,390,612.67 at
wholesale , and it shipped approximately 90 per cent in value of said
materials to points outside the State of Oregon.
Respondent Operators Association , ail Oregon corporation with its
principal office in Eugene , Oregon, is a voluntary association of own-
ers and operators engaged in manufacture and production of lumber
and lumber products in the Willamette Valley, Oregon. It provides
information and advice to its members, including respondent Silver
Falls, concerning their labor relations , and negotiates and executes
collective bargaining contracts on their behalf.
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 Na-
tional Labor Relations Act, the National Labor Relations Board hereby
orders that respondent Silver Falls Timber Company, its officers,
agents, successors , and assigns , shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of
I. E. U. Local 28-2 or the formation or administration of any
other labor organization, and contributing support to I. E. U.
Local 28-2 , or any other labor organization of its employees;
(b) Recognizing I. E. U. Local 28-2 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 employ-
ment, and other conditions of work;
(c) Giving effect to any contract it may have entered into
with I. E. U. Local 28-2 concerning wages, hours , and working
conditions, including the contract dated February 7, 1940;
(d) In any manner requiring its employees to contribute to
the support of I. E. U. Local 28-2, 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 organization;
(e) Encouraging membership in I. E. U. Local 28-2 and
discouraging membership in I. W. A. Local 5-104 , or any other
labor organization of its employees , by requiring as a condition
of employment membership in I. E. U. Local 28-2;
SILVER FALLS TIMBER COMPANY 651
(f) Discharging or demoting or threatening to discharge or
demote or refusing to re-employ or threatening to refuse to re-
employ any of its employees, or refusing or threatening to refuse
to assign extra or overtime work to any of its employees, or in
any other manner discriminating in regard to its employees'
hire and tenure'of employment, or any term,or condition of em-
ployment, because of their membership in or activities on behalf
of I. W. A. Local 5-104, or any other labor organization of its
employees, or failure to become or remain members of I. E. U.
Local 28-2, or any other labor organization of its employees, to
discourage or encourage membership in any labor organization of
its employees.
(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. Local 28-2 as a
representative 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 I. E. U. Local 28-2 as such representative;
(b) Give to Jerry DeSart first preference in employment at
extra watchman's work, in addition to that performed by the
regular watchman, and give to said Jerry DeSart such machine
shop work as he is capable of performing, subject only, to the
prior seniority rights of other former employees of the machine
shop, and give to said Jerry DeSart first preference in employ-
ment at gardening, without prejudice to the right of respondent
Silver Falls to fill vacancies in the position of regular watchmen
in the usual manner and without discrimination against any
employee because of union activities or affiliation.
(c) Make whole the said Jerry DeSart for any losses he may
have suffered by ,reason of discrimination against him by the
respondent Silver Falls, by payment to him of the sum of $42.50;
(d) Immediately post notices to all of its employees in conspic-
uous places about its plant at Silverton, 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 1 (g) of this order, both inclusive, and that
652 DECISIONS OF,NATIONAL LABOR RELATIONS BOARD
it will take the affirmative action set forth in paragraphs 2 (a),
(b) and (c) of this order;
(e) 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.
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 respondent Willamette Valley Lumber Operators Asso-
ciation, its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Interfering with the administration of I. E. U. Local 28-2,
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. Local 28-2, or with the I. E. U. affecting I. E. U. Local
28-2 concerning wages, hours, and working conditions, whether
it be a contract in existence at the time of the issuance of this com-
plaint 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-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 col-
lective bargaining or other mutual aid or protection, as guaran-
teed 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 herewith. .