C.G. Hitchcock & Co.

National Labor Relations Board - Board Decisions

Sep 10, 1940

27 N.L.R.B. 188 (N.L.R.B. 1940)

In the Matter of C. G. HITCHCOCK & COMPANY AND OREGON UTILITIES, A
CORPORATION and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL
No. 6-206, AFFILIATED WITH THE C. I. O.
Case No. C-1656.-Decided September 10, 1940
Jurisdiction : lumber industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Robert L. Condon, for the Board. '
Mr. H. H. DeArmond and Mr. Ralph S. Hamilton, of Bend, Oreg.,
for respondent Hitchcock Co.
Mr. James D. Langman, of Portland, Oreg., for respondent Utility.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Woodworkers of America, Local No. 6-206, herein called the Union,
the National Labor Relations Board, herein called the Board, by the
Regional Director for the Nineteenth Region (Seattle, Washington),
issued its complaint dated April 1, 1940, and its amended complaint
dated May 3, 1940, alleging that C. G. Hitchcock & Company,. Sisters,
Oregon, herein called the respondent Hitchcock Co., and Oregon Utili-
ties, a corporation, doing business at Sisters, Oregon, under the name
of Deschutes Power Company, herein called respondent Utility, had
engaged in and were engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1) 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 and accompanying notice of hearing
were duly served upon respondent Hitchcock Co. and the Union ; copies
of the amended complaint and accompanying notice of hearing 1 were
' Several notices of postponement of the hearing were duly served upon the parties.
27 N. L. R. B., No. 42.
188
C. G. HITCHCOCK '& COMPANY 189
duly served upon respondent Hitchcock Co., respondent Utility, and
the Union.
Concerning the unfair labor practices , the amended complaint al-
leged in substance : ( 1) that respondent Hitchcock Co. discouraged
membership in the Union by discriminating in regard to the hire and
tenure of employment and the terms and conditions of employment of
Emery Oliver , Albert Demaris, Joe Nunnellee , Roy M . Rickert, H. S.
McKinney, and Frank Hockaday ; (2) that respondent Hitchcock Co.
and respondent Utility discouraged membership in the Union by dis-
criminating in regard to the hire and tenure of employment and the
terms and conditions of employment of F. E. Waterbury; and (3) that
by the foregoing and other acts, respondent Hitchcock Co. and respond-
ent Utility interfered with, restrained , and coerced its employees in the
exercise of rights guaranteed in Section 7 of the Act.
On May 1, 1940; respondent Hitchcock Co. filed its answer to the
complaint . On May 9 and May 10, 1940 , respectively , respondent
Hit ,hcock Co. and respondent Utility each filed an answer to the
amended complaint , denying the unfair labor practices and averring
certain affirmative matters.
Pursuant to notice , a hearing on the amended complaint was held
from June 24 to 27, 1940 , at Bend, Oregon, before James C.' Batten,
the Trial Examiner duly designated by the Board. The Board, re-
spondent Hitchcock Co., and respondent Utility were represented by
counsel at the hearing and participated therein.
During the course of the hearing , on June 27 , 1940, the parties
advised the Trial Examiner that they had orally agreed upon a stipu-
lation in settlement of the case, whereupon the Trial Examiner ad-
journed the hearing subject to call . On August 12, 1940, counsel for
respondent Hitchcock Co., C. G . Hitchcock, M. C. Hitchcock, P. S.
Hitchcock, and F. M. Crawford; respondent Utility; the Union; and
counsel for the Board entered into and executed a stipulation in
settlement of this case . This stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between C. G. Hitch-
cock & Co., hereinafter referred to as the respondent Hitchcock
Co.; C. G. Hitchcock, M. G. Hitchcock, P. S. Hitchcock and
F. M. Crawford, hereinafter referred to as the partners; Oregon
Utilities,-a corporation, hereinafter referred to as the respondent
Utility; and International Woodworkers of America, Local No.
6-206, affiliated with the C. I. 0., hereinafter referred to as the
Union, and Robert L. Condon, attorney for National Labor
Relations Board, that :
190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, hereinafter referred to as
the Board, by the Regional Director for the Nineteenth Region,
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, 49 Stat. 449, hereinafter referred to as the
Act, and its Rules and Regulations, Series 2, as amended, Article
IV, Section 1, on the 1st day of April, 1940, issued a complaint,
and on the 3rd day of May, 1940, issued an amended complaint
against the respondent Hitchcock Co., and against the respondent
Utility, alleging that, the respondent Hitchcock Co., and, the
respondent Utility committed certain unfair labor practices in
violation of Section 8 (1) and (3) of the Act.
II
On the 29th day of April, 1940, the respondent Hitchcock Co.,
filed an answer to the complaint, and on the 9th day of May, 1940,
the `respondent Hitchcock Co., filed an answer to the amended
complaint; and on the 10th day of May, 1940, the respondent
Utility filed an answer to the amended complaint. The answers
denied certain of the allegations of the amended complaint, ad-
mitted certain other allegations, and set forth certain affirmative
matter.
III
- On June 24, 25, 26, and 27, 1940, a hearing was held at Bend,
Oregon, before James C. Batten, Trial Examiner, duly appointed
by the Board, and certain testimony and other evidence was intro-
duced by the, parties. On June 27, 1940, the hearing adjourned,
subject to the call of the Trial Examiner. During the course of
the hearing, certain amendments to the Board's amended com-
plaint were granted by the Trial- Examiner, and various motions
were made by the respondent Hitchcock Co., and the respondent
Utility, and the attorney for the Board, which were either granted
or denied by the Trial Examiner, or upon which he reserved his
ruling.
IV
The respondent Hitchcock Co., was a partnership owned and
operated by the partners, and engaged in the business of logging,
manufacture, sale, and distribution of lumber and lumber prod-
ucts at two mills located near Sisters, Oregon. On the-15th day
of May, 1940, the partners entered into an agreement among
themselves, dissolving the partnership and dividing the assets of
C. G. HITCHCOCK & COMPANY 191
the partnership among themselves , and the business formerly con-
ducted by the partnership is now being conducted by the partners,
as individuals.
V
The respondent Hitchcock Co., during the year 1939, in the
course and conduct of its business at its two mills near Sisters,
Oregon, shipped to purchasers in States other than the State of
Oregon approximately 7,000,000 feet of lumber. The respondent
Hitchcock Co., during the year 1939, sold and delivered approxi-
mately 25,000,000 feet of lumber to Brooks-Scanlon Lumber Coin-
pany, Inc., Bend, Oregon, substantially all of -which lumber was
in turn sold by Brooks-Scanlon Lumber Company Inc., to pur-
chasers located in States other than the State of Oregon, but after
being intermingled with other lumber manufactured by Brooks-
Scanlon Lumber Company Inc.
VI
Respondent Utility is an Oregon corporatioii, and the sole owner
of the Deschutes Power Company, which company operates a
power plant and distribution system in Sisters, Oregon, and which
furnishes electricity and power to consumers located in and near
Sisters, Oregon.
VII
Respondent Hitchcock Co., solely for the purpose of this case,
and for no other purpose, and not generally, admits that it is en-
gaged in interstate commerce within the meaning of the Act and
the Decisions of the United States Supreme Court pertaining
thereto. '
VIII
This stipulation, together with the various pleadings, the tran-
script of the testimony heretofore taken, and the exhibits here-
tofore introduced into evidence, shall constitute the record in this
case upon'which the Board may enter its Order and upon which
any Circuit Court of the United States or the Supreme Court of
the United States may enforce the Order which the Board may
enter.
Ix
The taking of further testimony in this proceeding, the making
of Findings of Fact and Conclusion by the Board, pursuant to the
provisions of the Act, are hereby expressly waived by the respond-
ent Hitchcock Co., the partners, the respondent Utility, and the
Union, and the Board's Order'as herein provided, shall have the
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
same force and effect as if made after a full hearing, presentation
of evidence and the making of findings thereon.
X
International Woodworkers of America, Local No. -6-206, affili-
ated with the C. I. O., is a labor organization within the meaning
of Section 2 (5) of the Act.
XI
Upon this Stipulation and the record herein, an Order may
forthwith be made and entered by the Board providing as follows :
Respondent Hitchcock Co., C. G. Hitchcock, M: C. Hitchcock,
P. S. Hitchcock, and F. Al. Crawford, their agents, successors and
assigns, shall
1: Cease and desist-
(a) From discriminating in regard to hire or tenure of employ-
ment, or any term or ,condition of employment to encourage or
discourage membership in any labor organization;
(b) From in any manner interfering with, restraining or coerc-
ing their employees in the exercise of their rights to self-organiza-
tion, 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 bar-
gaining or other mutual aid or protection;
2. Take the following affirmative action in order to effectuate
the purposes of the Act-
(a) Immediately offer reinstatement to Emery Oliver to a posi-
tion on the green chain at Mill Two, either as a grader or in any
other capacity on the green chain. I
(b) Immediately offer reinstatement to Albert Demaris at Mill
Two to the position of alternating as ratchet setter and dogger with
another employee.
(c) Immediately offer reinstatement to H. S. McKinney at Mill
Two, to a position either as pond man or as tail sawyer.
(d) If such offers of reinstatement are accepted, the employees
shall be reinstated without loss of seniority or of other rights and
privileges.
(e) Make whole the following named employees for loss of pay
suffered by each of them, by paying each the sum of money indi-
cated opposite his name :
Joe Nunnellee___ $1050. 00 Emery Oliver__. $500.00
H. S. McKinney_ $650. 00 Roy Rickert____ $300.00
Frank Hockaday_ $650. 00 Albert Demaris_ $200.00
F. E. Waterbury_ $150.00 _
C. G. HITCHCOCK & COMPANY 193
(f) Post and keep visible in prominent places at both Mill
One and Two, fora period of at least 60 days from receipt
thereof, copies of the Order of the Board, and a statement that
the said Order has been agreed to by all parties , and that consent
has been granted by all parties to the entrance of a decree enforc-
ing said Order in the appropriate Circuit Court of Appeals.
(g) Notify the Regional Director of the Nineteenth Region
in writing within ten days from the date of the Order of the
Board what steps have been taken to comply therewith.
The allegations of the amended complaint,, insofar as they
relate to the respondent Utility, shall be and they are hereby
dismissed.
YII
It is stipulated that Emery Oliver is to be re -employed as a
grader, but in the event he does not prove satisfactory as a
grader, he is to be' employed in another capacity on the green
chain so long as he gives satisfactory service in such other
capacity. -
XIII
It is further stipulated that M. S. McKinney is to be employed
either as a tail sawyer or as a pond man, and that he is not to
be transferred to any other position in the mill so long as he
gives satisfaction in the position which is offered him, provided
that if employed as a tail sawyer, he may be transferred to the
position of pond man.
XIV
It is stipulated that the Union shall file no charges at any
time in the future under the Act against C. G. Hitchcock & Co.,
C. G. Hitchcock, M. G. Hitchcock, P. S. Hitchcock or F. M.
Crawford , or their successors in interest , on account of any matter
concerning any of its employees , past or present , occurring prior
to the date of this stipulation. It is further stipulated that the
Union shall file no charges under the Act in connection with any
transfers or shifts of present employees made necessary by the
reinstatement of Emery Oliver , Albert Demaris and H. S. Mc-
Kinney. It is further stipulated that in the event certain em-
ployees must be laid off in order to reinstate Emery Oliver,
Albert Demaris and H. S. McKinney, the respondent Hitchcock
Co., and the partners agree that the employees chosen for the
lay off shall all cone from the group of employees receiving the
minimum wage, and such employee chosen for the lay off shall
be placed upon a preferential list. The employees on such pref-
323428-42-vol. 27-14
194 DECISIONS OF NATIONAL LABOR RELATIONS "BOARD
erential list must be the first ones offered employment in any
vacancy occurring in the positions from which they were laid
off, and shall be offered employment for other vacancies if, in the
opinion of the respondent Hitchcock Co., or the partners, they
are qualified for such vacancy . It is also stipulated that the
respondent Hitchcock Co., and the partners will not lay off more
employees than actually accept reinstatment under the Order of
the Board herein. In-the event the above procedure for lay offs
is followed , the Union agrees not to file any charges in connection
with any lay offs which accur as a result of the reinstatement of
any employees under the Order of the Board herein.
XV
It is further stipulated that the appropriate United States Cir-
cuit Court of Appeals may, upon application of the Board, enter
a decree enforcing the aforesaid Order of the Board, all respond-
ents, the partners and the Union expressly waiving their right
to contest the entry of such decree in the appropriate United
States Circuit Court of Appeals , and further expressly waiving
their right to receive notice of the filing by the Board of an ap-
plication for the entry of such decree.
XVI
This stipulation is subject to the approval of the National Labor
relations Board. If this stipulation is not approved by the Board,
it shall be without prejudice and not - evidentiary against any of
the respondents, and shall be null and void.
XVII
i
This stipulation contains the entire agreement of the parties,
and their is no verbal agreement of any kind which varies, alters
or modifies this Stipulation.
On August 19, 1940, the Board issued its Order approving the above
stipulation and making it a part of the record in the case, and trans-
ferring the proceeding to and continuing it before the Board for the
purposes of the entry of decision and order by the Board pursuant to
the provisions of the stipulations.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
C. G. HITCHCOCK & COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
195
C. W. Hitchcock, M. G. Hitchcock, P. S. Hitchcock, and F. M. Craw-
ford, herein called the partners, formerly did business as a partnership,
under the firm name and style of C. W. Hitchcock & Company. Re-
spondent Hitchcock Co. was engaged in the business of logging, manu-
facture, sale, and distribution of lumber and lumber products at two
mills located near Sisters, Oregon. During 1939 it shipped approxi-
mately 7,000,000 feet of lumber to destinations outside the State of
Oregon. During the same period it also sold and delivered approxi-
mately 25,000,000 feet of lumber to Brooks-Scanlon Lumber Company,
Inc., Bend, Oregon, substantially all of which were shipped by the
,latter to points outside the State of Oregon.
On May 15, 1940, the partners entered into an agreement dissolving
the partnership and dividing the assets of the partnership among them-
selves. The business formerly conducted by the partnership under the
name of respondent Hitchock Co. is now being conducted by the part-
ners, as individuals, without any substantial change in the physical
operations of the mills or the sale and distribution of its products.
Respondent Hitchock Co. admits for the purpose of this case and we
find that it is engaged in commerce within the meaning of Section 2
(6) and (7) of the Act.
We find that the above-described operations of C. W. Hitchcock,
M. G. Hitchcock, P. S. Hitchcock, and F. M. Crawford constitute a
continuous flow of trade, traffic, and commerce among the several States.
Oregon Utilities, an Oregon corporation, is the sole owner of the
Deschutes' Power Company. The latter operates a power plant and
distribution system at Sisters, Oregon, and, furnishes electricity and
power to consumers in and about Sisters, Oregon.2
ORDER
Upon the basis of the above 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 C. G. Hitchcock & Company, C. G. Hitchcock, M. G. Hitch-
cock, P. S. Hitchcock , and F . M. Crawford , their agents , successors,
and assigns , shall :
1. Cease and desist :
(a) From discriminating in regard to hire or tenure of employment
or any term or condition of employment to encourage or discourage
membership in any labor organization;
In accordance with the terms of the stipulation set forth above the complaint as to
respondent Utility is hereinafter dismissed
196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) From in any manner interfering with, restraining, or coercing
their 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 ac-
tivities for the purpose of collective bargaining or other mutual aid or
protection.
2. Take the following affirmative action in order to effectuate the
purposes of the Act :
(a) Immediately offer reinstatement to Emery Oliver to a position
on the green chain at Mill Two, either as a grader or in any other
capacity on the green chain;
(b) Immediately offer reinstatement to Albert Demaris at Mill Two
to the position of alternating as ratchet setter and dogger with another
employee;
(c) Immediately offer reinstatement to H. S. McKinney at Mill
Two, to a position either as pond man or as tail sawyer;
(d) If such offers of reinstatement are accepted, the employees shall
be reinstated without loss of seniority or of other rights and privi-
leges;
(e) Make whole the following named employees for loss of pay suf-
fered by each of them, by paying each the stun of money indicated
opposite his name :
Joe Nunnellee_____________________________ $1, 050.00
H. S. McKinney___________________________ 650.00
Frank Hockaday__________________________ 650.00'
F. E. Waterbury__________________________ 150.00
Emery Oliver----------------------------- 500.00,
Roy Rickert_______________________________ 300.00
Albert Demaris --------------------------- 200. 00
(f) Post and keep visible in prominent places at both Mills One
and Two, for a period of at least sixty (60) days from receipt thereof,
copies of the Order of the Board, and a statement that the said Order
has been agreed to by all parties, and that consent has been granted
by all parties to the entrance of a decree enforcing said Order in the
appropriate Circuit Court of Appeals;
(g) Notify the Regional Director of the Nineteenth Region in writ-
ing within ten (10) days from the date of the Order of the Board what
steps have been taken to comply therewith.
AND IT IS FURTHER ORDERED that the amended complaint be, and it
hereby is, dismissed in so far as it alleges that respondent Utility has
engaged in unfair-labor practices within the meaning of Section 8 (1)
and (3) of the National Labor Relations Act.