Westfir Lumber Co.

National Labor Relations Board - Board Decisions

Feb 27, 1941

29 N.L.R.B. 1105 (N.L.R.B. 1941)

In the Matter Of WESTFIR LUMBER COMPANY AND WILLAMETTE VALLEY
LUMBER OPERATORS ASSOCIATION -and 'ROLAND C. FISHER
In the Matter Of WESTFIR LUMBER COMPANY AND WILLAMETTE VALLEY
LUMBER OPERATORS ASSOCIATION and COLUMBIA RIVER DISTRICT
COUNCIL No. 5, INTERNATIONAL WOODWORKERS OF AMERICA, AFFILI-
ATED WITH THE C. I. O.
Cases Nos . C-1807 and C-1808.-Decided February 07, 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.
Dey, Hampson & Nelson and Mr. Richard R. Morris, of Portland,
Oreg., for the respondent Westfir.
Mr. Lawrence T. Harris and Mr. G. A. Metzger, of Eugene, Oreg.,
for the respondent Association.
Mr. A. F. Hartung, of Portland, Oreg., for the C. I. O.
Cake, Jaureguy & Tooze, of Portland, Oreg., for the I. E. U. and
Locals 20 and 21. .
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Roland C. Fisher, an individual, and
upon charges duly filed by Columbia River District Council No. 5,
International Woodworkers of America, affiliated with the C. I. 0.,
herein called the C. I. 0., the National Labor Relations Board, herein
called the Board, ' by the Regional Director for the Nineteenth
Region. (Seattle, Washington), issued its consolidated complaint,'
dated November 23, 1940, and issued its amendment to the •consoli-
1 On October 12, 1940, the Board, acting pursuant to Article II, Section 36 (b), of Na-
tional Labor Relations Board Rules and Regulations , Series 2, as amended, ordered that
the case arising on charges filed by Roland C. Fisher and that arising on charges filed
by the C I. 0 be consolidated.
29 N. L. R. B., No. 159.
1105
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dated complaint , dated December 12, 1940 , against Westfir Lumber
Company, Westfir, Oregon, herein called the respondent Westfir,
and Willamette Valley Lumber Operators Association , Eugene,
Oregon , herein called the respondent Association , alleging that the
above-named respondents had engaged in and were 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 National
Labor Relations Act, 49 Stat . 449, herein called the Act. Copies of
the complaint , the amendment to the complaint, and accompanying
notice of hearing were duly served upon the respondent Westfir, the
respondent Association , and the C. I. 0.; and upon Industrial Em-
ployees Union, Inc., herein called the I . E. U., and Locals Nos. 20
and 21 , District 1, of the I. E. U. herein called Locals 20 and 21,
labor organizations alleged in the complaint to be employer dominated.
With respect to the unfair labor practices , the consolidated com-
plaint, as amended, alleged in substance (1) that the respondent West-
fir and the respondent Association dominated and interfered with the
administration of Loyal Legion of Loggers and Lumbermen and its
Locals 20 and 21, District 1, herein collectively called the 4L, and its
successor , the I . E. U. and its Locals 20 and 21 , and contributed sup-
port to them ; that the respondent Westfir encouraged membership
in the 4L by discharging Ivan Doffembacher because he refused to join
and assist the 4L; that the respondent Westfir encouraged member-
ship in Locals 20 and 21 of the I. E. U. by discharging Roland C.
Fisher, Will C. Ferris, and Sam Shepherd because they refused to
join and assist or to remain members of Locals 20 and 21 of the I. E. U.;
and that by the foregoing and other acts the respondent Westfir and
-the respondent Association interfered with, restrained, and coerced
its employees in the exercise of th e, rights guaranteed in Section 7 of
the Act. -
- On January 24, 1941, the respondents , the C. I. 0., Roland C. Fisher,
the I . E. U. and Locals 20 and 21 thereof , and a representative of the
Board entered into a stipulation in settlement of this case, subject to
the approval of the Board. The stipulation provides as follows :
This agreement made and entered into by and between the
Westfir Lumber Company, hereinafter called "respondent West-
fir," by and through Dey Hampson & Nelson , and Richard R.
Morris, its attorneys ; Willamette Valley Lumber Operators Asso-
ciation, hereinafter called "respondent Operators Association,"
by and through Lawrence T. Harris, its attorney, and G. A. Metz-
ger, its secretary ; Columbia River District Council No. 5; Inter-
national Woodworkers of America, affiliated with the C. I. 0., by
and through A., F. Hartung , its President ; Roland C. Fisher;
WESTFIR LUMBER COMPANY 1107
Industrial Employees Union, Inc., Industrial Employees Union,
Inc., Local No. 20, District 1, and Industrial Employees Union,
Inc., Local No..21 , District 1, hereinafter called "I . E. U.,"
"I. E. U. Local 20-1," and "I. E. U. Local 21-1," by ' and through
Cake, Jaureguy & Tooze, their attorneys ; and William A. Bab-
cock, Jr., attorney for the National Labor Relations Board.
WITNESSETH :
WHEREAS, amended charges were duly filed in the above 'matters
by Columbia River District Council No. 5, International Wood-
workers of America, affiliated with the C. I. 0., and by Roland
C. Fisher, an individual , on September 30, 1940; an order con-
solidating the above entitled matters was duly made and entered
by the National Labor Relations Board on October 12, 1940; a
consolidated complaint and notice of hearing in the above en-
titled matters based on said amended charges were duly made
and issued by the National Labor Relations Board on November
23, 1940; a supplemental charge in the matter of Westfir Lumber
Company and Willamette Valley Lumber Operators Association,
and Columbia River District Council No. 5, International Wood-
workers of America, affiliated with the C . I. 0, was duly filed on
October 28 , 1940; and an amendment to consolidated complaint
and a notice of hearing in the above matters were duly made and
issued by the National Labor Relations Board'on December 12,
1940 ; and duly served upon 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
Corporation and Willamette Valley Lumber Operators Associa-
tion, Case No. 9593, a petition by the National Labor Relations
Board for the enforcement of Orders made and entered by the
National Labor Relations Board on January 25 , 1940, in the
matter of the C. D. Johnson Lumber Corporation ; Willamette
Valley Lumber Operators Association , Inc., a corporation; In-
dustrial Employees 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 the I. W. A.,
and Lumber and Sawmill Workers Union , Locals No . 2803 and
No. 2751, affiliated with the I. W. A.; Cases Nos. C-641 and
C-642;
413602-42-vol 29- r 1
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
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. E. 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
matters without the conduct of a hearing or the taking of testi-
mony herein, the parties hereto stipulate and agree:
I
Respondent Westfir is a corporation organized and existing
under the laws of the State of Oregon with its principal office-
and place of business at Westfir, Oregon. The respondent Westfir,
at all times since May, 1936, has been continuously engaged in
the manufacturing and selling of lumber and lumber products,
and owns and operates and has continuously owned and' operated
a lumber mill or manufacturing plant at Westfir, Oregon, and
logging operations near Westfir, Oregon. In the course and
conduct of such business the respondent Westfir causes and has
continuously caused the greater portion of the logs, lumber and
-.lumber products produced and manufactured by it in said opera-
tions to be sold, shipped and transported from Westfir, Oregon,
to, into and through States of the United States other than the
State of Oregon. During the years 1936 to 1940 the amounts of
sales of the products of the said respondent and the amounts
and percentages of such products sold and shipped to points
outside the State of Oregon were approximately as follows :
Amount of Sales of Westfir Lumber Company from January 1 , 1936, to
November 30, 1940
Year Total sales
Sales outside
of Oregon
Approximate
percent outside
Oregon
1936---------------------------------------------- $811,986 77 $797,721 08 98
1937______________________________________________ 759,310 68 743,517 02 97
1938---------------------------------------------- 758,178 16 722,619 60 94
1939______________________________________________ 970,011 29 915,787 66 94
1940---------------------------------------------- - 1,247,777 51 1,208,722 06 96
WESTFIR LUMBER COMPANY, 1109
II
Respondents Operators Association is, and at all times since
May 3 , 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 engaged
in the manufacture and production of lumber and lumber prod-
ucts in the Willamette Valley, State of Oregon . Respondent
Westfir is , and at all times since May 3, 1937 has been , amember
of the Operators Association . Respondent Operators Associa-
tion 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, collective, bar-
gaining and other dealings with their employees and represent-
atives of their employees ; in promoting - the mutual , benefits
of said employers and the maintenance of uniform wage sched-
ules, 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 simi-
lar activities in the interest of and on behalf of said employers.
III
Columbia River District Council No . 5, International Wood-
workers of America, affiliated with the Congress of Industrial
Organizations , International Woodworkers of America, Local
No. 5-245 affiliated with the said Columbia River District Coun-
cil No. 5, I. E. U., I. E. U. Local 20-1 and I. E. U. Local 21-1
are labor organizations within the meaning of Section 2, sub-
section ( 5) of the Act.
' 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 charges, the consolidated complaint and notice
of hearing referred to above, the affidavit of services thereof, the
orders postponing hearing and extending time for filing of
1110 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
answers and affidavits of service thereof, the supplemental charge
in Case No. XIX-C-582, the amendment to consolidated com-
plaint and notice of hearing referred to above, and affidavit of
service thereof, and this stipulation shall constitute the entire
record in the above entitled matters and the said documents shall
be entered in the record herein by filing with the Chief Trial
Examiner of the National Labor Relations Board, Washington,
D.C. 1 1,
VI
All parties hereto expressly waive their right to a hearing in
this matter and to appear in person, or otherwise, to give testi-
mony 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 I
The Westfir Lumber Company and its officers, agents, suc-
cessors, and assigns, shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of
I. E. U. Local 20-1 and I. E. U. Local 21-1 or the formation
or administration of any other labor organization, and contribut-
ing support to I. E. U. Local 20-1 and I. E. U. Local 21-1, or
any other labor organization of its employees;
(b) Recognizing I. E. U. Local 20-1 and I. E. U. Local 21-1
as the representatives of any of its employees for the purpose of
dealing with it 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 20-1 and I. E. U. Local 21-1, including the
contracts dated April 10, 1939, and August 7, 1939.
(d) In any,manner requiring its employees to contribute to
the support of I. E. U. Local 20-1 and I. E. U. Local 21-1, 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;
WESTFIR LUMBER COMPANY I , 1111
(e) Encouraging membership in I. E. U. Local 20-1 and
I. E. U.. Local 21-1 and discouraging membership in Inter-
national Woodworkers of America, Local No. 5-245 or any other
labor organization of its employees, by requiring as a condition
of employment membership in I. E. U. Local 20-1 and I. E. U.
Local 21-1;
(f) Discharging or threatening to discharge, or refusing to
reemploy or threatening to refuse to reemploy any of its em-
ployees, or refusing to hire employees or threatening to refuse to
hire employees, or in any other manner discriminating in regard
to its employees' hire and tenure of employment, or any term
or condition of employment because of their membership in or
activities on behalf of International Woodworkers of America,
Local No. 5-245 or their failure to become or remain members
of I. E. U. Local 20-1 or I. E. U. Local 21-1, or any other labor
organization of its employees, to discourage or encourage mem-
bership of its employees in any labor organization;
(g) 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
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 Sec-
tion 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 20-1 and
I. E. U. Local 21-1 as representatives of any of its employees for
the purpose of dealing with it concerning grievances, labor dis-
putes, rates of pay, wages, hours of employment, or other condi-
tions of work, and completely disestablish I. E. U. Local 20-1
and I. E. U. Local 21-1 as such representatives;
(b) Offer reinstatement to his former position with the com-
pany to Sam Shepard, upon the resumption of the work formerly
performed by him, without prejudice to his seniority or other
rights and privileges ;
(c) Make whole the employees hereinafter named for any loss
they may have suffered by reason of any discrimination against
them by said respondent by the payment to each of them of the
sum of money set after his name :
Sam Shepard -------------------------------------- $99.82
Roland C Fisher----------------------------------- $216.88
Will C. Ferris-------------------------------------- $209 46
Ivan Deffenbacker---------------------------------- $200.00
1112 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) Post immediately in conspicuous places in and about its
plants and logging operations at and near Westfir, Oregon, and
maintain for a period of at least sixty (60) consecutive days from
the date of posting and in the case of its logging operations sixty
(60) consecutive days after the resumption of regular operations,
notices to its employees stating that: (1) it will cease and desist
in the manner set forth in paragraphs 1 (a) to 1 (g) inclusive,
of this order, (2) that it will take the affirmative action set forth
in paragraphs 2' (a), -(b) and (c) of this order, (3) that the
respondent's employees are free to form and join any labor or-
ganization of their own choosing and that the respondent will not
discriminate against any employee because of membership or
activity in any such organization.
(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.
1
Willamette Valley Lumber Operators Association and its of-
ficers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Interfering with the administration of I. E. U. Local 20-1
and I. E. U. Local 21-1, 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 20-1, or I. E. U. Local 21-1, or with the I. E. U.
affecting I. E. U. Local 20-1 or I. E. U. Local 21-1 concerning
wages , hours, and working conditions, whether it be a contract in
existence at the time of the issuance of the complaint in this case
or one entered into subsequent to the issuance of said 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 bar-
gain 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) 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..
WESTFIR LUMBER COMPANY " 1113
VIII
It is further stipulated and agreed that if, in the final determina-
tion 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 Operators Association in the
Matter of C. D. Johnson Lumber Corporation, 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 or-
ders, 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.
9 A
The Westfir Lumber 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 the formation or administration of any other
labor organization of - its employees, and from contributing
financial 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-
ances, 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 deduc-
1114 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions 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) Acting through the Willamette 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 la-
bor 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) If any other manner interfering with, restraining, or coerc-
ing 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.
2. Take the following affirmative' action, which the Board finds
will effectuate the policies of the Act:
(a) Withdraw all recognition from the I. E. U. as represent-
atives 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 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, if any,
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 con-
spicuous places in and about its plant and logging operations at
and near Westfir; 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), 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.
WESTFIR LUMBER COMPANY , 1115
B
Willamette Valley Lumber Operators Association 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 condi-
tions of the employees of respondent Westfir;
(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 bargain-
ing 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.,"
is 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 application or in its
determination of such controversy if said application 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 ad-
k
1116 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD'
justment of the issues raised by the consolidated complaint as
amended herein, and the consolidated complaint as amended shall
be construed to be dismissed by the National Labor Relations Board
as to all allegations of said consolidated complaint as amended
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 notice to any of said parties ; and the parties, and
each of them, expressly waive their rights to contest such appli-
cation 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 agree-
ment 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 February 6, 1941, the Board issued its order approving the above
stipulation, making it part of the record in the case, and transferring
the proceeding to the Board for the purpose of entry of 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 :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Westfir Lumber Company is an Oregon corporation having its office
and principal place of business at Westfir, Oregon. The respondent
Westfir is engaged in logging operations and operates a lumber manu-
facturing plant at Westfir. During 1940 the respondent Westfir sold
logs, lumber, and lumber products manufactured at its plants valued
at approximately $1,250,000, of which approximately 96 per cent was.
shipped from the respondent's plant to points outside the State of
Oregon.
WESTFIR LUMBER' COMPANY 1117
Willamette Valley Lumber Operators Association, an Oregon cor-
poration, is a voluntary association of owners and operators engaged"
in the manufacture and production of lumber and lumber products
in the Willamette Valley, State of Oregon. The respondent Associa-
tion is engaged in providing information and advice to its members
and other employers in the lumber industry in connection with their
labor and personnel problems, practices, policies, and collective bar-
gaining. The respondent Westfir is a member of the respondent
Association.
We find that the above-described operations of the respondent West-
fir constitute continuous flow of trade, traffic, and commerce among
the several States. The respondent Association acts in the interest of
and in behalf of the respondent Westfir and is an employer of the
employees of the said respondent Westfir, within the meaning of.
Section 2 (2) of the Act.
ORDER
Upon the basis of the foregoing findings of fact, the stipulation,
and the entire record in the case, and -pursuant to Section 10 (c) of
the National Labor Relations Act, the National Labor Relations Board
hereby orders that Westfir Lumber Company, its agents, successors,
and assigns shall :
1. Cease and desist from :
(a) Dominating or interfering with the administration of I. E. U.
Local 20-1 and I. E. U. Local 21-1 or the formation or administration
of any other labor organization, and contributing support to I. E. U.
Local 20-1 and I. E. U. Local 21-1, or any other labor organization of
its employees;
(b) Recognizing I. E. U. Local 20-1 and I. E. U. 21-1 as the repre-
sentatives of any of its employees for the purpose of dealing with
it 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 20-1 and I. E. U. Local 21-1, including the contracts
dated April 10, 1939, and August 7, 1939;
(d) In any manner requiring its employees to contribute to the
support of I. E. U. Local 20-1 and I. E. U. Local 21-1, 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) Encouraging membership in I. E. U. Local 20-1 and I. E. U.
Local 21-1 and discouraging membership in International Wood-
workers of America, Local No. 5-245 or any other labor organization
of its employees by requiring as a condition of employment member-
ship in I. E. U. Local 20-1 and I. E. U. Local 21-1;
1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(f) Discharging or threatening to discharge, or refusing to reem-
ploy or threatening to refuse to reemploy any of its employees, or
refusing to hire employees or threatening to refuse to hire employees,
or in any other manner discriminating in regard to its employees',
hire and tenure of employment, or any term or condition of employ-
ment because of their membership in or activities on behalf of Inter-
national Woodworkers of America, Local No. 5-245 or their failure
to become or remain members of I. E. U. Local 20-1 or I. E. U. Local
21-1, or any other labor organization of its employees, to discourage or
encourage membership of its employees in any labor organization;
(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 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 20-1 and I. E. U.
Local 21-1 as representatives of any of its employees for the pur-
pose 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 20-1 and I. • E. U. Local
21-1 as such representatives;
(b) Offer reinstatement to his former position with the company to
Sam Shepard, upon the resumption of the work formerly performed.
by him, without prejudice to his seniority or other rights and
privileges;
(c) Make whole the employees hereinafter named for any loss they
may have suffered by reason of any discrimination against them by
said respondent by the payment to each of them of the sum of money
set after his name :
Sam Shepard------------------------------------------- $99.82
Roland C. Fisher--------------------------------------- $216.88
Will C. Ferris------------------------------------------ $209.46
-
Ivan Deffenbacker-------------------------------------- $ 200 00
(d) Post immediately in conspicuous places in and about its plants
and logging operations at and -near Westfir, Oregon, and maintain
for a period of at least sixty (60) consecutive days from the date of
posting and in the case of its logging operations sixty (60) consec-
utive days after the resumption of regular operations, notices to its
employees stating that : (1) it will cease and desist in the manner set
forth-in paragraphs 1 (a) to 1 (g), inclusive, of this Order, (2) that
it will take the affirmative action set forth iii paragraphs 2 (a) (b),
WESTFIR LUMBER COMPANY 1119
and (c ), of this Order, ( 3) that the respondent 's employees are free
to form and join any labor organization of their own choosing and
that the respondent will not discriminate against any employee
because of membership or activity in any such organization;
(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 foregoing findings of fact, the stipulation,
and the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations,
Board hereby orders that the respondent Williamette Valley Opera-
tors Association , its agents , officers, successors , and assigns shall
1. Cease and desist from :
(a) Interfering with the administration of I. E . U. Local 20-1 and
I. E. U. Local 21-1, 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 20-1, or I. E. U. Local 21-1, or with the I. E. U. affect-
ing I. E. U. Local 20-1 or I. E. U. Local 21-1 concerning wages,
hours, and working conditions, whether it be a contract in existence
at the time of the issuance of the complaint in this case or one entered
into subsequent to the issuance of said complaint;
(c) In any manner interfering with, restraining, or coercing the
employees of its members in the exercise of their rights to self-organ-
ization, to form , join, or assist labor organizations , to bargain collec-
tively 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) 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 ten ( 10) days from the date of this . Order what steps it has
taken to comply herewith.