Willamette Valley Lumber Co.

National Labor Relations Board - Board Decisions

Feb 16, 1942

38 N.L.R.B. 1304 (N.L.R.B. 1942)

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-18.7, respectively
SUPPLEMENTAL DECISION
AND
ORDER
February 16, 1942
"On March, 26, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Order, based in part upon
stipulations, in the above-entitled proceeding,, requiring, inter alia,
that Willamette Valley Lumber Company, one of the respondents
herein, disestablish Local 35, District 2, of Industrial Employees
Union, Inc., a labor organization herein called the I. E. U., and that
Willamette Valley Lumber Operators' Association, another respond-
ent herein, cease and desist interfering with the administration of
Local 35, District 2, and giving effect to any contract with that local.
One of the stipulations 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 al. and Oregon-Washington Council of Lum-
ber and Sawmill Workers Union, Affiliated with the A. F. of 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
130N.L R B 591.
2 19 N L. R. B. 884.
38 N. L. R. B., No 232.
1304
WILLAMETTE VALLEY LUMBER COMPANY 1305
order in the Johnson case.3 The Board will accordingly issue the
additional orders provided in the stipulation.
ORDER
Upon the basis of the foregoing findings of fact, the stipulations,
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 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 deduc-
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 labor
organization, or in interfering with, restraining, or coercing its em-
ployees 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; -
(f) 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.
- 3 National Labor Relattions Board v. C. D . Johnson Lumber Corpordtion (C. C. A. 9). -
1306 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 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 has deducted from their wages, salaries, or other earnings on
behalf of the I. E. U. subsequent to the date that the stipulation upon
which this order is based was approved by the National Labor
Relations Board;
(c) Immediately post notices to all of its employees in conspicu-
ous ' places about its plant at 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 (f) 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, the stipulations,,
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
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 if 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 Willamette Valley Lumber Company.
(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 col-
lectively 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. -
WILLAMETTE VALLEY LUMBER COMPANY 1307
(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.