Westfir Lumber Co.

National Labor Relations Board - Board Decisions

Jan 28, 1942

38 N.L.R.B. 644 (N.L.R.B. 1942)

In the Matter of 11TESTFIR LUMBER COMPANY &ND 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. 0-1807 and C-1808
SUPPLEMENTAL DECISION
AND
ORDER
January 208, 1942
On February 27, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Order, based in part upon
a stipulation, in the above entitled proceeding,1 requiring, inter alia,
that Westfir Lumber Company. one of the respondents herein, dis-
establish Locals Nos. 20 and 21, District 1, of Industrial Employees
Union, Inc., a labor organization, herein called the I. E. U. The
stipulation upon which that Decision and Order was based provided
that if certain paragraphs of orders relating to the I. E. U. theretofore
issued by the Board in Matter of C. D. Johnson Lumber Corporation
et at. and Oregon and Washington Council of Lumber and Sawmill
Workers Union, affiliated with the A. F. L., et al.2 should be enforced,
by the United States Circuit Court of Appeals for the Ninth Circuit
or by the Supreme Court of the United States in the event of an
appeal thereto, the Board might issue additional orders in this
proceeding in the form set forth below. On December 22, 1941, the
Circuit Court of Appeals for the Ninth Circuit entered a consent
decree enforcing the specified paragraphs of the Board's order in
the Johnson case.3 The Board will accordingly issue the additional
order provided in the stipulation.
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
1 29 N L R B 1105
2 19 N L. R. B. 887.
3 National Labor Relations Boa8d v C D Johnson Lumber Corpo8ation (C C A 9)
(C C A 9).
38 N L R. B, No. 128.
644
WESTFIR LUMBER COMPANY 645
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 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 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
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 organization;
(e) Acting through the Willamette Valley Lumber Operators As-
sociation, 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 organiza-
tion, 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 right 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 representatives
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 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
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.4
(c) Immediately post notices to all of its employees in conspicuous
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.
Upon the basis of the foregoing 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 Willamette Valley Lumber Operators Association,
its agents, officers, successors and assigns shall :
1. Cease and desist from :
(a) Interfering with the administration of the I. E. U. or the for-
mation or administration of any other labor organization, and con-
tributing 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 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 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.
* The stipulation was approved by the Board on February 6, 1941.