The Red River Lumber Company, a Corporation

National Labor Relations Board - Board Decisions

Dec 13, 1938

10 N.L.R.B. 594 (N.L.R.B. 1938)

In the Matter of THE RED RIVER LUMBER COMPANY, A CORPORATION
and LUMBER AND SAWMILL WORKERS LOCAL UNION No. 53,
INTERNATIONAL WOODWORKERS OF AMERICA
In the Matter of THE RED RIVER LUMBER COMPANY, A CORPORATION
and LUMBER & SAWMILL WORKERS LOCAL 2836, UNITED BROTHER-
HOOD OF CARPENTERS & JOINERS , A. F. OF L.
In the Matter of THE RED RIVER LUMBER COMPANY, A CORPORATION
and OFFICE EMPLOYEES UNION 21697, A. F. OF L.
Cases Nos . C-1023, R-1104, and R-1105, respectively . - Decided
December 13, 1938
Lumber Industry-Settlement : stipulation providing for reinstatement and
back pay-Order: entered on stipulation-Investigation of Representatives—
Units Appropriate for Collective Bargaining: stipulation as to-Certification of
Representatives-Election Ordered
Mr. Jonathan H. Rowell, Mr. Bernard L. Alpert, and Mr. John T.
McTernan, for the Board.
Mr. J. Paul St. Sure and Mr. Edward H. Moore, of Oakland,
Calif., and Mr. Bartley C. Crum, of San Francisco, Calif., for the
respondent.
Mr. Charles J. Janigian, of San Francisco, Calif., for the Brother-
hood.
Miss Edna Loeb, of counsel to the Board.
DECISION
ORDER
DIRECTION OF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 23 and July 27, 1938, Lumber and Sawmill Workers
Local Union No. 53, International Woodworkers of America, herein
called the I. W. A., filed with the Regional Director for the Twen-
10 N. L. R. B., No. 44.
594
DECISIONS AND ORDERS 595
tieth Region (San Francisco, California) charges and amended
charges alleging that The Red River Lumber Company, Westwood,
California, herein called the respondent, had engaged in and is engag-
ing in unfair labor practices within the meaning of Section 8 (1),
(2), and (3) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act.'
On August 12, 1938, Lumber & Sawmill Workers Local 2836,
United Brotherhood of Carpenters & Joiners, A. F. of L., herein
called the Brotherhood, and Office Employees Union 21697, A. F.
of L., herein called the Office Union, filed with the'Regional Director
separate petitions each alleging that a question affecting commerce
had arisen concerning the representation of employees of the respond-
ent and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the Act.
On September 24, 1938, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and,
Regulations-Series 1, as amended, ordered the Regional Director to
conduct an investigation and provide for an appropriate hearing
upon due notice and acting pursuant to Article III, Section
10 (c) (2), and Article II, Section 37 (b), of the Rules and Regula-
tions, further ordered that the cases be consolidated for purposes of
hearing and that one record of the hearing be made.
On September 26, 1938, the Board, by the Regional Director, issued
its complaint alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the
meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7),
of the Act.
In respect to the unfair labor practices, the complaint in substance
alleged (1) that during the period from the year 1933 to May 1937,
the respondent dominated and interfered with the administration of''
a labor organization known as The Loyal Legion of Loggers and
Lumbermen, herein called the 4 L's; (2) that during the period from,
May 1937 to on or about July 14, 1938, the respondent dominated and
interfered with the formation and administration of-a labor organiza-
tion known as Local 1, District 14, of Industrial Employees Union,
Inc., herein called the I. E. U.; (3) that in May 1937, when the I. E,
U. had not been designated representative by a majority of the re-
spondent's employees, the respondent secured the adoption of an
agreement whereby it recognized the I. E. U. as the sole representa-
tive of its employees; (4) that on August 25, 1937, the respondent
executed a closed-shop agreement with the I. E. U., at a time when
1 Third amended charges were filed on September 30, 1938, alleg ing violations within the
meaning of Section 8 ( 1), (2), and ( 3) of the Act.
596 NATIONAL LABOR RELATIONS BOARD
the question concerning representation of the respondent's employees
was pending before the Board; (5) that. during- 1937, and- 1938 the
respondent demoted and discharged certain named employees and
refused to reinstate them until certain specified dates, if at all, be-
cause of their refusal to or failure to join the I. E. U. or because of
their membership in, activity on behalf of, or sympathy toward the
I. W. A.; (6) that on or about July 7,• 1938, during the course of a
labor dispute with the respondent, the I. W. A. declared a strike
against the respondent and established a picket line at the respond-
ent's Westwood plant; (7) that during the period from approxi-
mately July 10, 1938, to July 14, 1938, the respondent instigated,
assisted, and participated in a concerted and organized vigilante move-
ment among the general public of Westwood, and the county law-
enforcement agencies, furnishing equipment, supplies, and weapons
for the purpose of breaking the strike of the I. W. A., and that the
said vigilante movement by force and violence broke the strike, dis-
persed the picket line, and drove the members thereof from West-
wood; (8) that by the respondent's conduct, the employees of the
respondent were influenced to become and became members of the
Brotherhood on July 15, 16, and 17, 1938; (9) that at the end of the
strike, the respondent refused to reinstate certain named employees
because of their membership in, activity on behalf of, or sympathy
toward the I. W. A.; and (10) that by these and others acts, the
respondent interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act.
Copies of the complaint and accompanying notices of hearing in
the consolidated proceeding were duly served upon the respondent,
the I. W. A., the Brotherhood, and the Office Union.
The respondent duly filed an answer to the complaint, dated Octo-
ber 5, 1938, in which it denied the allegations of the complaint regard-
ing the nature and scope of its business, except to the extent that the
said allegations were admitted in a stipulation of facts entered into
by the respondent, and denied the commission of the unfair labor
practices alleged in the complaint. -
Pursuant to notice of postponement of hearing, duly served upon
I lie same parties, a hearing was held on October 13, 14, 17, 18, 19, 20,
and 21, 1938, in Westwood, Lassen County, California, and on Octo-
ber 24 and 25, 1938, in San Francisco, California, before Gustaf B.
Erickson, the Trial Examiner duly designated by the Board. The
Board, the respondent, and the Brotherhood were represented by
counsel, the I. W. A. by its officers, and the Office Union by its repre-
sentative. All, participated in the hearing. At the beginning of the
hearing, the respondent filed a formal motion to dismiss the consoli-
dated proceeding on the ground that the Board had no jurisdiction
DECISIONS AND ORDERS 597
over the respondent. Ruling upon this motion was reserved by the
Trial Examiner . The motion is hereby denied. The respondent then
entered into a stipulation with all the parties to the proceeding to the
effect that an agreed statement of facts concerning the business and
operations of the respondent, which statement was prepared and sub-
mitted in evidence in a former proceeding before the Board,2 should
be considered a part of the record in the present consolidated proceed-
ing. It was further stipulated that the general nature and scope of
the respondent's operations had not changed materially or substan-
tially since the agreed statement of facts was prepared.
On October 12, 1938, the I. W. A. filed a petition to intervene in
the proceeding based upon the petition filed by the Brotherhood, Case
No. R-1104. This petition was renewed at the commencement of the
hearing by a motion filed by the I. W. A. Ruling upon this motion
was reserved by the Trial Examiner. The petition and motion are
hereby granted. On October 13, 1938, the Brotherhood filed a mo-
tion to intervene in the proceeding based upon the complaint, for the
purpose of introducing evidence in negation of the complaint in so far
as it alleged that employees were influenced to become and became
members of the Brotherhood by reason of acts of the respondent.
This motion was granted by the Trial Examiner. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence hearing upon the issues was afforded all parties.
On October 21, 1938, all the parties entered into a written stipula-
tion, hereinafter set forth, effecting a settlement of the consolidated
cases. Thereafter the Trial Examiner granted the motion of counsel
for the Board to dismiss all the allegations of the complaint which
related to twenty-one named individuals,3 and to dismiss all the alle-
gations of the complaint which related to three named individuals 4
except the allegations regarding their discriminatory discharge and
denial of reinstatement.
Regarding the cases of J. Franklin Vance, Valentin Cabana, and
Angelo Favero, individuals named in the complaint but not included
within the stipulation proposing settlement of the consolidated pro-
ceeding, it was agreed that counsel for the Board and for the re-
spondent might introduce into evidence written stipulations setting
forth the testimony which witnesses for the respondent and witnesses
for the Board would have offered had such witnesses been called to
2Matter of Red River Lumber Company and Lumber and Sawmill Workers Union Local
No 53 of International Woodworkers of Amenca, 5 N L R B 663.
s J J -Madden, Donald Sessions, W. T Smith, G. W Manluns, Joe IIermant, W. E. Rice,
Herbeit Salsbury, Warren A Ware, IIenty L Asbury, Leonard Asbury, Ramono Fedele (or
Sidele), Reinhart Graf, Louis Kramer, Henry Lance, Lucano I'inon, R Cervantes, H. H
Dawson,'Chailes R Scott, Daniel Boone Simmons, D E Simmons, and Joseph Sloan.
C J Brewen, Guy Marshall, and Edward Guei rette.
147541-39-vol 10--39
598
NATIONAL LABOR RELATIONS BOARD
testify at the hearing. Accordingly, written stipulations, dated
November 14, 1938, and signed by counsel for the Board and for the
respondent, were thereafter made a, part of the record. The cases of
Vance, Cabana, and Favero will be made the subject of a supple-
mental decision and order of the Board.
The Trial Examiner granted' motions made by counsel for the
Board that the complaint be amended to conform to the proof, and,
pursuant to an agreement with and waiver of notice by the respond-
ent, that the charges and the complaint be amended in writing to con-
form to the proof and to include the cases of individuals not named
in the original pleadings but provided for in the stipulation. Accord-
ingly, on November 9, 1938, the I. W. A. filed a supplemental charge
with the Regional Director and on the same date the Board, by the
Acting Regional Director, issued its amended complaint, amended to
include the names of certain individuals and to omit the names of
others.
The Board has reviewed the rulings of the Trial Examiner on
notions and on objections to the admission of evidence and finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
On November 15, 1938, the Board issued an Order approving the
stipulation and making it a part of the record, and, acting pursuant
to Article IT, Section 37, of the Rules and Regulations, further
ordered that the proceeding be transferred to and continued before
the Board for the purpose of entry by the Board of an Order, Direc-
tion of Election, and Certification of Representatives pursuant to the
provisions of the stipulation.
The stipulation in the consolidated proceeding provides as follows:
It is hereby stipulated by and between The Red River Lumber
Company, Respondent herein, Lumber and Sawmill Workers
Local Union No. 53, International Woodworkers of America,
party herein, Lumber & Sawmill Workers, Local 2836, United
Brotherhood of Carpenters & Joiners; A. F. of L., party herein,
and the National Labor Relations Board, that upon the record
,herein and upon this stipulation, if and when approved by the
National Labor Relations Board, an order may forthwith be
entered by said Board providing as follows :
1. Respondent, The Red River Lumber Company, will cease
and desist from :
a. Discouraging membership in Lumber and Sawmill Workers
Local Union No. 53, International Woodworkers of America,
hereinafter called the C. I. O. union, or any other labor organiza-
tion of its employees, on encouraging membership in Lumber &
Sawmill Workers, Local 2836, United Brotherhood of Carpenters
DECISIONS AND ORDERS 599
Joiners, A. F. of L., hereinafter called the A. F. of L. union,
or any other labor organization of its employees, by discharging,
demoting or refusing to reinstate any of its employees by reason
of their membership in, sympathy toward, or activity on behalf
of, the C. I. O. union, the A. F. of L. union, or any other labor
organization of its employees, or in any other manner discrimi-
nating in regard to their hire or tenure of employment or any
term or condition of their employment by reason of their mem-
bership in, sympathy toward, or activity on behalf of, the C. I. O.
union, the A. F. of L. union, or any other labor organization of
its employees.
b. In any manner dominating or interfering with the forma-
tion or administration of Local 1, District 14, of Industrial Em-
ployees Union, Inc., or any other labor organization of its em-
ployees, and from contributing financial or other support to Local
1, District 14, of Industrial Employees Union, Inc., or any other
labor organization of its employees.
c. Instigating, suggesting, inciting, assisting or encouraging
the organization of vigilante or other groups among the business
men or general public of the community of Westwood, California,
or any of its employees or any others in or near the community of
Westwood, California, or any community or place adjacent
thereto, or elsewhere, for the purpose of breaking a strike of any
labor, organization of its employees, dispersing a picket line of
any labor organization of its employees, driving the members of
any labor organization of its employees from the community of
Westwood or any other place of residence or employment, de-
stroying any labor organization of its employees, or in any way
interfering with, restraining or coercing its employees in the
exercise of the rights guaranteed in Section 7 of the National
Labor Relations Act.
d. Urging, persuading or warning, in any way, through officers,
supervisory employees, or otherwise, or in any manner influenc-
ing, or attempting to influence, its employees to form, join, assist
or participate in, or not to form, join, assist or participate in, any
labor organization, or in the manner or degree of such forming,
joining, assisting or participating in, any such labor organization.
e. Knowingly permitting officers or agents of any labor organi-
zation, whether employees of Respondent or not, to engage in ac-
tivities among the employees of Respondent on behalf of such
labor organization, among such employees while they are work-
ing on the job, or on Respondent's plant property, or with the
use of Respondent's property, equipment or facilities, unless such
privileges are granted equally to all labor organizations of said
employees.
600 NATIONAL LABOR RELATIONS BOARD
f. Entering into any closed shop or other contract with any
labor organization, by virtue of which the employees of Respond-
ent are required to join said labor organization as a condition of
their employment, unless said labor organization represents a ma-
jority of said employees for purposes of collective bargaining
with Respondent, and has, subsequent to the date of th;s order,
in no way been established, maintained or assisted by Respondent
or any person, firm, association or corporation acting in the in-
terest of Respondent, through any act defined in the National
Labor Relations Act as an unfair labor practice.
g. In any other manner interfering with, restraining or coercing
its employees in the exercise of their rights to self organization, to
form, join, assist or participate in 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 National Labor Relations Act.
2. Respondent, The Red River Lumber Company, will take the
following affirmative action to effectuate the policies of the
National Labor Relations Act:
a. Make every reasonable effort and exercise due diligence to
discourage and deter breaches of the peace or invasions of the
civil rights of its employees, or members of their families, com-
mitted upon or directed against said employees, or members of
their families, on account of the union affiliation or activity of
said employees, and to, protect said employees, while on the job,
from any acts or threats which interfere with the rights of said
employees to self organization as guaranteed in section 7 of the
National Labor Relations Act.
b. Require that its officers and supervisory employees do not
in any way urge, persuade or warn its employees, or in any
manner influence or attempt to influence said employees to form,
join, assist or participate in any labor organization, or not to
form, join, assist or participate in any labor organization, or
in the manner or degree of such forming, joining, assisting or
participating in a labor organization.
c. Take all reasonable steps and precautions to carry out and
effect the provisions of paragraph 2b above.
d. (i) Offer Dan O'Donnell immediate and full reinstatement
to his former position without loss of seniority and other rights
and privileges.
(ii) Offer the following employees, and each of them,
immediate and full reinstatement to their former positions
without prejudice to their seniority and other rights and
privileges :
DECISIONS AND ORDERS
David Rosas
Archie Elkins
Jack Roth
George Clark
Lee Roy Johnson
W. F. Jones
John Talent
Charles Barnett
Herman Hunter
H. W. Smith
601
Vincent Felion
Earl Yorton
Carl Self
E. W. Clifton
George Graf
Clarence Newman
Woodrow Guthrie
John Graf
S. Vallejo
(iii) Offer Peter F. Olson immediate and full reinstatement
to his former position as edging grader without prejudice to his
seniority and other rights and privileges.
Offer Paul Llewellyn immediate and full reinstatement to his
former position as common laborer in Shed No. 1 without preju-
dice to his seniority and other rights and privileges.
Offer Gene Marshall immediate and full reinstatement to the
position held by him just prior to his demotion on or about
August 1, 1937, or one substantially equivalent thereto, without
loss of seniority and other rights and privileges.
Offer Hugh Byrd immediate and full reinstatement to the
position last held by him prior to June 14, 1938, or one substan-
tially equivalent thereto without loss of seniority and other rights
and privileges.
e. (i) Make whole the following employees, and each of them,
for any loss of pay they have suffered by reason of their dis-
charge or demotion by payments to each of them a sum of money
equal to that which he would normally have earned as wages
from the date of such discharge or demotion to the date of such
offer of reinstatement, less the amount he has earned during that
period :
Mervin W. Beagle
Arcadio Calvo
Charles L. Foster
Lee Roy Johnson
Roy H. Lowe
Wendell H. Parsons
James L. Taylor
Peter Vukonich
Clyde Drennan
Chris Harris
Clarence R. Lindersmith
Guy Marshall
Joe Ratt
Paul Valencik
C. J. Brewen
Edward L. Guerrette
William C. Lively
C. C. Pierce
Antone Perry
H. D. Tardy
(ii) Make whole the following employees, and each of them,
for any loss of pay they may have suffered by reason of their dis-
"Spelled Vukovich in the complaint.
602 NATIONAL LABOR RELATIONS BOARD
charge or demotion by payments to each of them of a sum of
money equal to that which he would normally have earned as
wages from the date of such discharge or demotion to the date
of such offer of reinstatement, less the amount he has earned
during that period :
David Rosas Carl Self
E. W. Clifton S. Vallejo
Herman Hunter John Talent
George Clark Charles Barnett
Vincent Felion Archie Elkins
Woodrow Guthrie George Graf
Lee Roy Johnson Jack Roth
Earl Yorton H. W. Smith
John Graf Clarence Newman
W. F. Jones Peter F. Olson
f. Post and keep visible in prominent places in the office and
the plant and logging woods of the Respondent, and print in each
issue of the "Sugar Pine", for a period of thirty days after re-
ceipt, a copy of this order.
It is further stipulated and agreed that after the entry of the
order by the National Labor Relations Board, as provided in this
stipulation, there may be" entered in the United States Circuit
Court of Appeals for the Ninth Circuit a decree by said court
enforcing in full the said order of the National Labor Relations
Board, and each of the parties hereto hereby consents to the entry
of such decree and hereby waives prior notice thereof.
IT IS FURTHER STIPULATED by and between The Red River
Lumber Company, Respondent herein, Lumber and Sawmill
Workers Local Union No. 53, International Woodworkers of
America, party herein, Lumber & Sawmill Workers, Local 2836,
United Brotherhood of Carpenters and Joiners, A. F. of L.,
party herein, and the National Labor Relations Board, that upon
the record herein and upon this stipulation, if and when ap-
proved by the National Labor Relations Board, said Board may
enter a Direction of Election as follows:
It is directed that, as a part of the investigation ordered by
the Board to ascertain representatives for the purposes of col-
lective bargaining with The Red River Lumber Company, an
election by secret ballot shall be conducted at a time hereafter to
be fixed by the National Labor Relations Board, under the di-
rection and supervision of the Regional Director for the Twenti-
eth Region, acting in this matter agent for the National Labor
Relations Board and subject to Article III, Secti*en 9, of the
National Labor Relations Board Rules and Regulations, Series
DECISIONS AND ORDERS 603
1 as amended , among all the production and maintenance em-
ployees, employed by the Company in the operations at or con-
tributory to its lumber mill at Westwood , California , who were
on the payroll of the Company as of the pay period immediately
preceding the date set for the election , and including those who,
on that date , were employees temporarily laid off but not dis-
charged and those who are ordered reinstated by the Board's
order in the matter of The Red River Lumber Company and
Lumber and Sawmill Workers, Local Union No. 53, Interna-
tional Woodworkers of America , including those engaged in the
logging camps and including all persons who receive compensa-
tion by company check and carry company brass checks , and ex-
cluding all main office employees , supervisory employees, all
-employees working for contractors under contract with the
Company, all Ross Carrier operators in the plant, and all
truck drivers , catskinners and loading hoisters in the logging
operations.
Prior to the election herein provided for, Respondent shall
not bargain collectively with, or execute any agreement or under-
standing with, any labor organization of its employees in the
unit as above described ; provided that Respondent may deal
with any representative of any of its employees with regard to
individual grievances.
IT IS FURTHER STIPULATED by and between The Red River
Lumber Company , Respondent herein, Lumber and Sawmill
Workers Local No. 53 ,' International Woodworkers of America,
party herein , Lumber & Sawmill Workers Local 2836 , United
Brotherhood of Carpenters and Joiners , A. F. of L., party herein,
Office Employees Union No. 21697 , A. F. of L., party herein, and
the National Labor Relations Board , that upon the record herein
and upon this stipulation , if and when approved by the Nation,-]
Labor Relations Board, said Board may enter a Certification of
Representatives as follows:
IT IS IIFRERY CERTIFIED that Office Employees Union No. 21697,
A. F. of L., has been designated and selected by a majority of
the clerical and sales force , consisting of bookkeepers , stenog-
raphers. accountants , clerks and salesmen in the main office only
of The Red River Lumber Company , excluding supervisory em-
ployees , as their representative for the purposes of collective
bar!-,_ainin^ . and that, pursuant to the provisions of Section 9 (a)
of the National Labor Relations Act, Office Emplovees Union
No. 21697. A F of L., is the exclusive representative of all such
employees for the purposes of collective harcainina in respect to
rate of nav. wages . hours of employment and other condition-
of employment.
604 NATIONAL LABO[: RELATIONS BOARD
Upon the entire record in the consolidated cases including the
stipulation , the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Red River Lumber Company is a corporation organized and
existing since December 1, 1884, under the laws of the State of Min-
nesota. The respondent is engaged in a vast lumber enterprise cen-
tered at the company town of Westwood, Lassen County, in the north-
ern portion of the State of California. It owns large tracts of timber
all located in California, and its lumber mill at.Westwood covers an
area approximately a mile long and half a mile wide. The respondent
owns a private railroad and rolling stock used to haul logs to its
plant. In all its operations at or contributory to its Westwood plant,
the respondent employs approximately 2,173 non-supervisory em-
ployees including clerical workers in factory and office. In addition
approximately 236 men, who are engaged in logging operations on
properties of the respondent, are employed by contractors operating
under contract with the respondent, and approximately 100 are em-
ployed by another contractor in the operation of the respondent's
railroad and in car repairs, section work, and like operations.
The operations carried on at or contributory to the Westwood plant
consist of logging, transporting the logs to the plant, and there manu-
facturing the logs into lumber, sash, cutstock, pencil slats, moulding
and siding, and veneer, all of which is sorted, surfaced, and shipped.
A moulding mill, box factory, and plywood plant are also operated
here. Until the 1935 season, all of the logging, transporting, and
manufacturing operations were performed by the respondent directly.
Most of the logging and all of the transporting are now done by
contractors.
The normal annual capacity of the Westwood plant is slightly over
200,000,000 feet per year. The gross sales of the respondent for the
half year from January 1 to June 30, 1937, amouted to $3,448,603.29.
The plant is one of the four largest in the Western Pine region.
The principal raw material consumed in the conduct of the business
of the respondent is the timber-pine, Douglas fir, and cedar-which
is derived from its own properties, and formerly to a slight extent
from government properties, located wholly within the State of Cali-
fornia. Machinery purchases by the respondent for the Westwood
operations from January 1, 1936, to June 30, 1937, totaled $314,243.87;
substantially all these purchases were shipped to Westwood from
points without the State of California. Purchases of materials and
supplies other than machinery during the same period, and amounting
to $326,611.80, were made within the State of California.
DECTSIONS AND ORDERS - 605
More than 75 per cent by measure of the respondent's product was
-shipped during 1936 to 44 States other than California and to Canada,
England, and Germany. From January 1 to June 30, 1937, more
than 78 per cent both by measure and by value of the respondent's
product was shipped to 43 States other than California, to the District
of Columbia, and to Canada, France, Switzerland, Germany, and
Mexico. More than 90 per cent of the product is shipped by rail
in carloads. Westwood is served by two interstate carriers, the
Southern Pacific and Western Pacific Railroads, the tracks of which
connect directly with those of the respondent's private railroad.
The major portion of the sales of the respondent are handled through
wholesalers and commission men not in its employ. Sales offices are
maintained, however, in Westwood, San Francisco, and Los Angeles,
California, in Minneapolis, Minnesota, in Chicago, Illinois, and in
New York City for the purpose largely of supplying service to whole-
salers and commission men in the districts served. An assembling
and distributing yard is maintained in Chicago, Illinois, a retail and
distributing yard in Reno, Nevada, and an assembling and distributing
plant in Los Angeles, California. The respondent has a trade-mark
registered for use in interstate commerce.
We find that the respondent's operations at its plant in Westwood,
California, constitute a continuous flow of trade, traffic, and com-
merce among the several States.
IT. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers Local Union No. 53, International
Woodworkers of America, is a labor organization affiliated with the
Committee for Industrial Organization, admitting to its membership
employees of the respondent.
Lumber & Sawmill Workers Local 2836, United Brotherhood of
Carpenters & Joiners, is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of the
respondent.
Office Employees Union 21697 is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the respondent.
III. THE QUESTION CONCERNING REPRESENTATION
We find that a question has arisen concerning representation of
employees of the respondent.
IV. THE APPROPRIATE UNITS
We find that production and maintenance workers employed by
the respondent in the operations at or contributory to its lumber mill
606 NATIONAL LABOR RELATIONS BOARD
at Westwood , California , including those engaged in the logging
camps and including all persons who receive compensation by com-
pany check and carry company brass checks, and excluding all main-
office employees , supervisory employees , all employees working for
contractors under contract with the- respondent, all Ross Carrier
operators in the plant, and all truck drivers, catskinners, and loading
hoisters in the logging operations , constitute a unit appropriate for
the purposes of collective bargaining and that said unit will insure
to employees of the respondent the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act. This unit is herein referred to as the production
unit.
We find that the clerical and sales force of the respondent, consist-
ing of bookkeepers, stenographers, accountants, clerks, and salesmen
in the main office only , excluding supervisory employees , constitute a
unit appropriate for the purposes of collective bargaining and that
said unit will insure to the employees of the respondent the full belie-
fit of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act. This unit is herein
referred to as the office unit.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion of employees of the respondent within the production unit can
best be resolved by the holding of an election by secret ballot. How-
ever, as provided in the stipulation , this election shall be held at such
future time as we shall direct.
We find that the Office Union has been designated and selected by a
majority of the employees in the office unit as their representative
for the purposes of collective bargaining. The Office Union is, there-
fore, the exclusive representative of all the employees in such unit for
the purposes of collective bargaining, and we shall so certify.
ORDER
On the basis of the above findings of fact and stipulation and upon
the entire record in the consolidated cases and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that The Red River Lumber Company,
Westwood, California, shall :
1. Cease and desist from :
(a) Discouraging membership in Lumber and Sawmill Workers
Local Union No. 53, International Woodworkers of America, or any
other labor organization of its employees, or encouraging membership
DECISIONS AND ORDERS 607
in Lumber & Sawmill Workers Local 2836, United Brotherhood of
Carpenters & Joiners, A. F. of L., or any other labor organization of
its employees, by discharging, demoting, or refusing to reinstate any
of its employees by reason of their membership in, sympathy toward,
or activity on behalf of, Lumber and Sawmill Workers Local Union
No. 53, International Woodworkers of America, Lumber & Sawmill
Workers Local 2836, United Brotherhood of Carpenters & Joiners,
A. F. of L., or any other labor organization of its employees, or in
any other manner discriminating in regard to their hire or tenure of
employment or any term or condition of their employment by reason
of their membership in, sympathy toward, or activity on behalf of,
Lumber and Sawmill Workers Local Union No. 53, International
Woodworkers of America, Lumber & Sawmill Workers Local 2836,
United Brotherhood of Carpenters & Joiners, A. F. of L., or any
other labor organization of its employees;
(b) In any manner dominating or interfering with the formation
or administration of Local 1, District 14, of Industrial Employees
Union, Inc., or any other labor organization of its employees, and
from contributing financial or other support to Local 1, District 14,
of Industrial Employees Union, Inc., or any other labor organiza-
tion of its employees;
(c) Instigating, suggesting, inciting, assisting, or encouraging the
organization of vigilante or other groups among the business men
or general public of the community of Westwood, California, or any
of its employees or any others in or near the community of Westwood,
California, or any community or place adjacent thereto, or elsewhere,
for the purpose of breaking a strike of any labor organization of
its employees, dispersing a picket line of any labor organization of
its employees, driving the members of any labor organization of its
employees from the community of Westwood or any other place of
residence or employment, destroying any labor organization of its
employees, or in any way interfering with, restraining, or coercing
its employees in the exercise of the rights guaranteed in Section 7
of the National Labor Relations Act;
(d) Urging, persuading, or warning, in any way, through officers,
supervisory employees, or otherwise, or in any manner influencing,
or attempting to influence, its employees to form, join, assist, or
participate in or not to form, join, assist, or participate in, any
labor organization, or in the manner or degree of such forming,
joining, assisting, or participating in, any such labor organization;
(e) Knowingly permitting officers or agents of any labor organ-
ization, whether employees of the respondent or not, to engage in
activities among the employees of the respondent on behalf of such
labor organization, among such employees while they are working
608 NATIONAL LABOR RELATIONS BOARD
on the job, or on the respondent's plant property, or with the use
of the respondent's property, equipment, or facilities, unless such
privileges are granted equally to all labor organizations of the said
employees ;
(f) Entering into any closed shop or other contract with any labor
organization, by virtue of which the employees of the respondent
are required to join said labor organization as a condition of their
employment, unless said labor organization represents a majority of
said employees for purposes of collective bargaining with the re-
spondent, and has, subsequent to the date of this Order, in no way
been established, maintained, or assisted by the respondent or any
person, firm, association, or corporation acting in the interest of
the respondent, through any act defined in the National Labor Rela-
tions Act as an unfair labor practice;
(g) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization, to
form, join, assist, or participate in labor organizations, to bargain
collectively 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 National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Make every reasonable effort and exercise due diligence to
discourage and deter breaches of the peace or invasions of the civil
rights of its employees, or members of their families, committed upon
or directed against the said employees, or members of their families,
on account of the union affiliation or activity of the said employees,-
and to protect the said employees, while on the job, from any acts
or threats which interfere with the rights of the said employees to
self-organization as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Require that its officers and supervisory employees do not
in any way urge, persuade, or warn its employees, or in any manner
influence or attempt to influence the said employees to form, join,
assist, or participate in any labor organization, or not to form, join,
assist, or participate in any labor organization, or in the manner or
degree of such forming, joining, assisting, or participating in i. labor
organization ;
(c) Take all reasonable steps and precautions to carry out and
effect the provisions of paragraph 2b above;
(d) Offer to the employees listed in Appendix A, annexed hereto,
immediate and full reinstatement to their former positions without
prejudice to their seniority and other rights and privileges;
DECISIONS AND ORDERS 609
(e) Offer Peter F. Olson immediate and full reinstatement to his
former position as edging grader without prejudice to his seniority
and other rights and privileges;
(f) Offer Paul Llewellyn immediate and full reinstatement to his
former position as common laborer in Shed No. 1 without prejudice
'to his seniority and other rights and privileges;
(g) Offer Gene Marshall immediate and full reinstatement to the
position held by him just prior to this demotion on or about August
1, 1937, or one substantially equivalent thereto, without loss of senior-
ity and other rights and privileges ;
(h) Offer Hugh Byrd immediate and full reinstatement to the
position last held by him prior to June 14, 1938, or one substantially
equivalent thereto without loss of seniority and other rights and
privileges ;
(i) Make whole the employees listed in Appendix "B", annexed
hereto, for any loss of pay they may have suffered by reason of their
discharge or demotion by payments to each of them of a sum of
money equal to that which he would normally have earned as wages
from the date of such discharge or demotion to the date of such offer
of reinstatement , less the amount he has earned during that period ;
(j) Post and keep visible in prominent places in its office , its plant,
and its logging woods , and print in each issue of the "Sugar Pine'',
for a period of thirty (30) days after receipt, a copy of this Order.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
-Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat . 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended , it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Red River Lumber Company, Westwood, California, an
election by secret ballot shall be conducted at such time , as the Board
shall in the future direct, under the direction and supervision of the
Regional Director for the Twentieth Region, acting- in this matter
as agent for the National Labor Relations Board and subject to
Article III, Section 9, of the said Rules and Regulations , among all
the production and maintenance workers employed by the respondent
in the operations at or contributory to its lumber mill at Westwood,
California , whose names are on the pay roll of -the respondent for
the pay-roll period immediately preceding the date set for the elec-
tion. including those who on that date are employees temporarily
laid off but- not discharged and those whom the Board has ordered
610 NATIONAL - LABOR RELATIONS BOARD
reinstated in this proceeding , including those engaged in the logging
camps and including all persons who receive compensation by com-
pany check and carry company brass checks, and excluding all main
office employees , supervisory employees , all employees working for
contractors under contract with the respondent , all Ross Carrier
operators n the plant , and all truck drivers, catskinners , and loading
hoisters in the logging operations , to determine whether they desire
to be represented , for the purposes of collective bargaining , by Lum-
ber and Sawmill Workers Local Union No. 53, International Wood-
workers of America, by Lumber & Sawmill Workers Local 2836,
United Brotherhood of Carpenters & Joiners, A . F. of L., or by
neither.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act , and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Office Employees Union 21697 , A. F. of
L., has been designated and selected by a majority of the clerical and
sales force , consisting of bookkeepers , stenographers , accountants,
clerks, and salesmen in the main office only of The Red River Lumber
Company, excluding supervisory employees, as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the National Labor Relations Act,
Office Employees Union 21697, A. F. of L., is the exclusive represen-
tative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages , hours of employment , and other
conditions of employment.
APPENDIX A
1. Dan O'Donnell
2. David Rosas
3. Archie Elkins
4. Jack Roth
5. George Clark
6. Lee Roy Johnson
7. W. F. Jones
8. John Talent
9. Charles Barnett
10. Herman Hunter
11. H. W. Smith
12. Vincent Felion
13. Earl Yorton
14. Carl Self
15. E. W. Clifton
16. George Graf
17. Clarence Newman
18. Woodrow Guthrie
19. John Graf
20. S. Vallejo
DECISIONS AND OI.DEIRS
APPENDIX B
1. Mervin W. Beagle
2. Arcadio Calvo
3.; Charles L. Foster
4. Lee Roy Johnson
5. Roy H. Lowe
6. Wendell H. Parsons
7. James L. Taylor
8. Peter Vukonich 6
9. Clyde Drennan
W. Chris Harris
11. Clarence R. Lindersmith
12. Guy Marshall
13. Joe Ratt
14. Paul Valencik
15. C. J. Brewen
16. Edward L. Guerrette
17. William C. Lively
18. C. C. Pierce
19. Antone Perry
20. H. D. Tardy
21. David Rosas
22. E. W. Clifton
23. Herman Hunter
24. George Clark
25. Vincent Felion
26. Woodrow Guthrie
27. Lee Roy Johnson
28. Earl Yorton
29. John Graf
30. W. F. Jones
31. Carl Self
32. S. Vallejo
33. John Talent
34. Charles Barnett
35. Archie Elkins
36. George Graf
37. Jack Roth
38. H. W. Smith
39. Clarence Newman
40. Peter F. Olson
611
This individual is referred to in the complaint as Peter yukcvich.