Willamette Valley Lumber Co.

National Labor Relations Board - Board Decisions

Mar 26, 1941

30 N.L.R.B. 591 (N.L.R.B. 1941)

t
In the MATTER OF WILLAMETTE VALLEY LUMBER COMPANY, AND WIL-
LAMETTE VALLEY LUMBER OPERATORS ASSOCIATION and COLUMBIA
RIVER DISTRICT COUNCIL No. 5, INTERNATIONAL WOODWORKERS OF
AMERICA, AFFILIATED WITH THE C. I. O:
In the Matter of WILLAMETTE VALLEY LUMBER COMPANY and
JAMES H. COON
Cases Nos . C-1826 and C-1827.-Decided March 06, 1941
Jurisdiction : lumber industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. William A. Babcock, for the Board. -
McCamant, King d Wood, by Mr. Grant T. Anderson, of Portland,
Oreg., and Mr. Lawrence T. Harris and Mr. G. A. Metzger, of Eugene,
Oreg. for the respondents.
Mr. A. F. Hartung, of Portland, Oreg., for the I. W. A.
Cake, Jaureguy cfi Tooze, of Portland, Oreg., for the I. E. U. and
I. E. U. Local' 35-2.
Mr. James H. Coon, of Independence, Oreg., for James H. Coon.
Mr. Norman M. Neel, of counsel to the Board.
DECISION -
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Columbia River
District Council No. 5, International Woodworkers of America, affil-
iated with the Congress of Industrial Organizations, herein called the
I. W. A., and by James H. Coon, the National Labor Relations Board,
herein called the Board, on October 12, 1940, issued an order consol-
idating the cases, and on November 20, 1940, by the Regional Director
for the Nineteenth Region (Seattle, Washington), issued its Consol-
idated Complaint against Willamette Valley Lumber Company, Dal-
las, Oregon, herein called respondent Willamette Valley, and Wil-
lamette Valley Lumber Operators Association, Eugene; Oregon,
30 N. L . R. B., No. 88.
0 - 1 591
592 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD
herein called respondent Operators' Association,'. alleging that the
respondents 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 charge,
amended charge, Order Consolidating Cases, Consolidated Com-
plaint, and Notice of Hearing were duly served upon the respondents,
the I. W. A., James H. Coon, Industrial Employees' Union, Inc.,.
herein called the I. E. U., and upon Industrial Employees' Union,
Inc., Local No. 35, District 2, herein called I. E. U. Local 35-2.
Concerning the unfair labor practices, the complaint alleged in
substance that (1) the' respondent Willamette Valley, in April; May,
and June, 1936, caused and dominated and/or interfered with the
formation of Loyal Legion of Loggers and Lumbermen, Local 35,
District 2, herein called 4L Local 35-2, among its employees in its
operations at Dallas, Oregon; (2) from May 1936 until on or about
May 17, 1937, the respondent Willamette Valley, an employer mem-
ber of the Loyal Legion of Loggers and Lumbermen, herein called the
4L, together with other employer members of the 4L, dominated, and
interfered with the administration of-the 4L, its locals, and other sub-
divisions and agencies thereof, including Local 35-2, and contributed
financial and other support thereto ; (3) from on or-about April 12,
1937, to on or about August 1, 1937, the respondent Willamette Valley,
acting in concert with and/or by and through the agency of other
employer members, officers, directors, the executive committees and
other agents and representatives of the 4L, the respondent Operators'
Association, and members, officers, and agents thereof, caused,. domi-
nated, and/or interfered with the reorganization of the 41; into the
I. E. U.; (4) the respondent Willamette Valley, in May and June 1937,
dominated and/or interfered with, fostered, and encouraged the reor-
ganization of 4L Local 35-2 as I. E. U. Local 35-2; (5) the respondent
Willamette Valley and other former employer members of the 4L and
the respondent Operators' Association, acting for and in the interest
of its members, including the respondent Willamette Valley, have at
all times since on or about May 17, 1937, dominated and interfered
with the administration of the I. E. U., its locals,' boards, and other
subdivisions and agencies thereof, including I. E.'U.•Local 35-2, and
have contributed financial and other support thereto; (6) on or about
August 12, 1939, the respondent Willamette Valley discharged from
its employ James H. Coon and at all times since said- date has refused
to reinstate orreemploy the said James H. Coon because he was not
a member of and/or refused to join I. E. U. Local 35-2; and (7) by
" Respondent Willamette Valley and respondent Operators ' Association are herein collec-
tively referred to as the respondents.
WILLAMETTE, VALLEY LUMBER COMPANY 593
the acts and statements set forth in the complaint in support of the
above allegations, and by other acts, and statements, the respondent
Willamette Valley has engaged and is engaging in unfair labor
practices within the meaning of Section 8 (1), (2), and (3), and Sec-
tion 2 (6) and (7), of the Act, and the respondent Operators' Associa-
tion thereby" has engaged and is engaging in unfair labor practices
within the meaning of Section 8 (1) and (2) and Section 2 (6) and
(7) of the Act.
On December 12, 1940, the Regional Director issued and duly' served
upon all parties an "Order Extending Time To Answer," and on De-
cember 27, 1940, -and -January 22; 1941, orders ."Postponing Hearing
and Extending Time for Filing Answer." On February 10, 1941,,the
respondents, the I. W. A., James H. Coon, the I. E. U., I. E. U. Local
35-2, and counsel for the Board entered into a stipulation. The stip-
ulation provided as follows :
This agreement made and entered into by and between Willam-
ette Valley Lumber Company, hereinafter called "respondent
Willamette Valley," by and through McCamant, King & Wood
and Grant T. Anderson, its attorneys; Willamette Valley Lum-
ber.Operators Association, hereinafter called "respondent Opera-
tors Association," by and through Lawrence T. Harris, its attor-
ney, and G. A. Metzger, its secretary; Columbia River District
Council No. 5, International Woodworkers of America, by and
through A. F. Hartung, its president; James H. Coon; Indus-
trial Employees' Union, Inc., and Industrial Employees' Union,
Inc., Local No. 35, District 2, hereinafter called "I. E. U." and
"I. E. U. Local 35-2," by and through Cake, Jaureguy & Tooze,
their' attorneys; and William A. Babcock, Jr., attorney for the
National Labor Relations Board, witnesseth :
WI-HEREAS, an amended charge and a charge were duly filed in
the above matters on September 30, •1940 and May 29, 1940, by
Columbia River District Council No. 5, International Woodwork-
ers of America, and James H. Coon, respectively; an order con-
solidating said matters was duly made and issued by the National
Labor Relations Board on October 12, 1940; and a consolidated
complaint and notice of hearing in the above matters based on
said amended charge and said charge were duly made and issued
by the National Labor Relations Board on November 20, 1940, and
duly served on;the above named parties;
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-
poration and Willamette Valley Lumber Operators Association,
Case No. 9593, a petition by the National Labor Relations Board
B
594 DECISIONS OF 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. Johson Lumber Corporation; Willamette Valley Lumber
Operators Association, Inc., a corporation; Industrial 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.T.
of L.; Columbia River District Council No. 5, Lumber-and Saw-
mill 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;
WHEREAS, the issues arising out of the allegations in the com--
plaint herein, which relate to the alleged domination of, inter-
ference 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 respond-
ents, and by other employer members of the 4L, are substantially
the same as the issues raised by similar. allegations in the com-
plaint in 'the Matter of the C. D. Johnson Lumber Corporation,
et al, and the facts and evidence concerning said allegations are
substantially 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 testi-
mony herein, the parties hereto stipulate and agree :
I ,
Respondent Willamette Valley is a corporation organized and
existing under the laws of the State of Oregon, with its principal
place of business at Dallas, Oregon and offices at Dallas, Oregon
and Portland, Oregon. Said respondent 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
and owned and operated a lumber manufacturing mill or plant
at Dallas, Oregon. On or about the 2nd day of October, 1940,
said plant was destroyed by fire and the said respondent has not
been engaged in lumber manufacturing since said date. Said
respondent is now engaged in the construction of a new manu-
facturing plant or mill at Dallas, Oregon, and upon its com-
pletion will resume the manufacture of lumber and lumber
WILLAMEPPE'. VALLEY LUMBER COMPANY 595;
products. In the course and conduct of its business the respond-
ent Willamette Valley has continuously caused the greater por-
tion of the lumber and lumber products manufactured by it in its
plant at Dallas, Oregon, 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 upon the resumption of its opera-
tions at Dallas, .Oregon, in, the normal course of business, will
sell and transport lumber and lumber products to, into and
through States of the United States other than the State of
Oregon. During the years from 1937 to 1940 the amounts of
sales of the said respondent and the amounts and percentages
of such sales sold and shipped to points outside the State of
Oregon were approximately as follows :
Year
Sales (board
feet) Sales (value)
Percent shipped outside
Oregon
1937---------------------------------- 68, 045, 504 $1,695,546 82 Approximately 80.
1938---------------------------------- 76,191, 897 1,688,973 86 Do.
1939--------------------------------- 80, 253,124 1, 821, 325, 48 Do.
1940--------------------------------- 65, 011, 512 1, 606, 873 59' Do.
II
Respondent 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,
Oregon, and a voluntary association of owners and operators
engaged in. the manufacture and production of lumber and lum-
ber' products in the Willamette Valley, State of Oregon. Re-
spondent Willamette Valley 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 limber- 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 bene-
fits 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 on behalf of said employers.
440135-42-Vol. 30-39
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III
Columbia River District Council No. 5, International Wood-
workers of America, affiliated with the C. I. 0., the I. E. U., and
I. E. U. Local 35-2 are labor organizations within the meaning
of Section 2, subsection (5) of the Act.
IV
All 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 charge, amended charge, and consolidated complaint and
notice of hearing referred to above, the affidavit of service thereof,
the orders postponing hearing and extending time for- filing of
answers and affidavits 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, Washington, 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 testi-
mony and examine or cross-examine witnesses (as provided in
Section 10 (b) of the National Labor Relations Act and in Na-
tional Labor Relations Board Rules and Regulations, Series
2, as amended), and all 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 matters may be immediately made and
entered by the National Labor Relations Board :
A
The Willamette Valley Lumber Company 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 35-2 or the formation or administration of any
WILLAMETTE VALLEY LUMBER COMPANY 597
other labor organization, and contributing support to I. E. U.
Local 35-2, or any other labor organization of its employees;
(b) Recognizing I. E. U. Local 35-2 as the representative of
any of its employees for the purpose of dealing with it con-
cerning 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 35-2 concerning wages, hours, and working
conditions either before or after the issuance of the consolidated
complaint herein.
(d) In any manner requiring its employees to contribute to
the support of I. E. U. Local 35-2, 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 35-2 and dis-
couraging membership in any other labor organization of its
employes by requiring as a condition of employment member-
ship in I. E. U. Local 35-2;
(f) Discharging or threatening to discharge, refusing to re-
employ or threatening to refuse to reemploy any of its em-
ployees or in any other manner discriminating in regard to its
employees' hire and tenure of employment because of their fail-
ure to become or remain members of I. E. U. Local 35-2, or any
other labor organization of its employees, or because of their
membership in or activities on behalf of any labor organization
of its employees, to discourage or encourage membership of its
employees in any labor organization; provided, however, that
nothing in this order shall preclude the said respondent from
making an agreement with a labor organization (not estab-
lished, maintained, or assisted by any action defined in the Na-
tional Labor Relations Act as an unfair labor practice) to
require as condition of employment membership therein, if
such labor organization is the representative of the employees
as provided in Section 9 (a) of said Act, in the appropriate
collective bargaining unit covered by such agreement when made.
(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 bar-
gain 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.
598 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 35-2 as
a representative of any of its employees for the purpose of deal-
ing 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 35-2 as such, repre-
sentative;
(b) Upon the resumption of its operation of a lumber manu-
facturing plant offer immediate reinstatement to James H. Coon
to his former position with the said respondent without preju-
dice to his seniority or other rights or privileges;
(c) Pay to the said James H. Coon the sum of $700.00;
(d) Immediately post notices to all of its employees in con-
spicuous places about its plant at Dallas, Oregon, and maintain
such notices for a period of at least sixty (60) consecutive days
after the resumption of regular operation of said plant, stating
that it will cease and desist in the manner set forth in para-
graphs 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 its [sic] has taken to comply therewith.
Willamette Valley Lumber Operators Association and its
officers, agents, successors , and assigns, shall:
1. Cease and.desist from :
(a) Interfering with the administration of I. E. U. Local
35-2, or the formation or administration of any other labor
organization;
(b) Giving effect to any contract it may have entered into
with 1,E. U. Local 35-2, or with the I: E. U. affecting I. E. U.
Local 35-2 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 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 collective bargaining or other mutual aid or protection, as
guaranteed in Section 7 of the Act.
WILLAMETTE VALLEY, LUMBER COMPANY 599
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.
VIII
It is further stipulated and agreed that if, in the final de-
termination 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 Rela-
tions Board v. C. D. Johnson Lumber Corporation, et al, Sec-
tions 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, ad-
ditional 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 en-
tered by the Board in the Matter of C. D. Johnson Lumber Cor-
poration, 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, modi-
fied 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 Willamette Valley Lumber Company and its officers,
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
600 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
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 employ-
ment, 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 Opera-
tor's Association , or any other employer or association of em-
ployers, 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 bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purposes of collec-
tive bargaining or other mutual aid or protection as guaranteed
in Section 7 of the Act;
(f) 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 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 com-
pletely 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 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.
WILLAMETTE' VALLEY LUMBER COMPANY 601
(c) Immediately post notices to all of its employees in con-
spicuous places in and about its sawmill and manufacturing
plant at and near Dallas, 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 (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 and its of-
ficers, 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 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 Willamette Valley;
(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 purpose of col-
lective 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,
1602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 appli-
cation or in its determination of such controversy if said appli-
cation 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 consolidated complaint
herein, and the consolidated complaint shall be construed to be
dismissed by the National Labor Relations Board as to all allega-
tions of said consolidated 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 enforcing
the order of said Board, entered pursuant to Paragraph VII
of this stipulation, 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 object to the entry of such decree and expressly
waive their rights to be notified of such application. The parties
further expressly consent and agree that on application by said
Board a decree may be entered, enforcing the order of said Board
entered pursuant to Paragraph VIII of this stipulation, by the
United States Circuit Court of Appeals for the Ninth Circuit,
and the 'parties and each of them expressly waive their rights to
contest such application or to object to the entry of such decrees
unless such, objection is based upon the ground that the order
entered rby ,the Board does not conform to the provisions of the
said Paragraph VIII.
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.
WILLAMETTE VALLEY LUMBER COMPANY 603 ,
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 24, 1941, the Board issued an 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 pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the-,
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Willamette Valley Lumber Company is a corporation organized
and existing under the laws of the State of Oregon, with its principal
place,of business at Dallas, Oregon, and offices at Dallas, Oregon, and
Portland, Oregon. It is, and at all times since on and before July 5',
1935, has been engaged in the manufacturing and selling 'of lumber.
and lumber products, and has owned and operated a lumber manu-
facturing mill- or plant at Dallas, Oregon. On or about the 2nd day
of October 1940, its plant was destroyed by fire and the respondent
Willamette Valley has not been engaged in lumber manufacturing,
since said date. The respondent Willamette Valley is now engaged,
in the construction of a new manufacturing plant or.mill at Dallas,
Oregon, and upon its completion will resume the manufacture of
lumber and lumber products. In the course and conduct of its busi-
ness, the respondent Willamette Valley has continuously caused the
greater portion of the lumber and lumber products, manufactured by
it in its plant at Dallas, Oregon, 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 upon the resumption-of its opera-
tions at Dallas, Oregon, in the normal course of business, will sell
and transport lumber and lumber products to, into, and through
States of the United States other than the State of Oregon. During
the years from 1937 to 1940 the amounts of sales of the said respondent
and the amounts and percentages of such sales sold and shipped to'
points outside the State of Oregon were approximately as follows:
Year Sales (board Sales (value) Percent shipped outsidefeet) Oregon
1937----------------------------------------- 68,045,504 $1,695,546'82 Approximately 80.
1938----------------------------------------- 76,191 , 897 1,688,973 86 Do
I
1939---------------------------------------- 8o, 253;124 1,821,325 48 Do.
1940-----, ----------------------------------- 65,011,512 1,606,873 69 Do.
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Willamette Valley Lumber Operators Association is, and at all
times since May 3, 1937, has been , a corporation organized under the
laws of the State of Oregon , and 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, with
its principal office at Eugene , Oregon. Respondent Willamette Valley
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 em-
ployers in connection with their labor and personnel problems, prac-
tices, and policies , collective 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 conduct-
ing 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 activ-
ities in the interest of and on behalf of said employers.
We find that the above -described operations of the respondent
Willamette Valley constitute . a. continuous flow of trade, traffic, and
commerce among the several States, and those of the respondent
Operators ' Association are operations affecting commerce within
the meaning of Section 2 (6) and ( 7) of the National Labor Relations
Act.
II. THE ORGANIZATIONS INVOLVED
Columbia River District Council No. 5, International Woodworkers
of America , affiliated with the Congress of Industrial Organizations,
Industrial Employees ' Union, Inc., and Industrial Employees' Union,
Inc., Local No. 35, District 2, are labor organizations within the
meaning of Section 2 (5) of the National Labor Relations Act.
ORDER
Upon the basis of the above findings of fact, the above 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 Willamette Valley Lumber 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 35-2 or the formation or administration of any other labor
WILLAMETTE VALLEY LUMBER coiPANY , 605
organization, and contributing support to I. E. U. Local 35-2 or any
other labor organization of its employees;
(b) Recognizing I. E. U. Local 35-2 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
I. E. U. Local 35-2 concerning wages, hours, and working conditions
either before or after the issuance of the consolidated complaint
herein;
(d) In any manner requiring its employees to contribute to the
support of I. E. U. Local 35-2, 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 35-2 and discour-
aging membership in any other labor organization of its employees
by requiring as a condition of employment membership in I. E. U.
Local 35-2;
(f) Discharging or threatening to discharge, refusing to reerir-
ploy or threatening to refuse to reemploy, any of its employees or
in any other manner discriminating in regard to its employees' hire
and tenure of employment because of their failure to become or
remain members of I. E. U. Local 35-2, or any other labor organiza
tion of its employees, or because of their membership in or activities
on behalf of any labor organization of its employees, to discourage
or encourage membership of its employees in any labor organization;
provided, however, that nothing in this Order shall preclude the said
respondent from making an agreement with a labor organization
(not established, maintained, or assisted by any action defined in the,
National Labor Relations Act- as an unfair labor practice) to require
as condition of employment membership therein, if such labor or-
ganization is the representative of the employees as provided in Sec-
tion 9 (a) of said Act, in the appropriate collective bargaining unit,
covered by such agreement when made;
(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 con
certed 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) Withdraw 'all recognition from I.. E. U. Local 35-2 as a rep=
resentative of any of its employees for the purpose'of dealing with it-
606, DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
concerning grievances, labor disputes, rates of pay, wages, hours of
employment, or other conditions of work, and completely disestab-
lish I. E. U. Local.35-2 as such representative;
(b) Upon the resumption of its operation of a lumber manufacturing,
plant, offer immediate reinstatement to James H. Coon to his former
position with the said respondent without prejudice to his seniority or.
other rights or privileges;
(c) 'Pay. to. the said James H. Coon the sum of $700;
(d), Immediately post notices to all of its employees in conspicuous-)
places about its plant at Dallas, Oregon, and maintain such noticesi
for a• period of at, least sixty (60) consecutive days after the resump-
tion of regular operation of said plant, 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;
(c) 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.
Willamette Valley Lumber Operators Association and its officers,
agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Interfering with the administration of I. E. U. Local 35-2,,
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 35-2, or with the I. E. U. affecting I. E. U. Local 35-2,,
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 they
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 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.