Hammond Redwood Co.

National Labor Relations Board - Board Decisions

Apr 25, 1940

23 N.L.R.B. 198 (N.L.R.B. 1940)

In the Matter of HAMMOND REDWOOD COMPANY , A CORPORATION, and
DUMBER AND SAWMILL WORKERS LOCAL No. 78, INTERNATIONAL
WOODWORKERS OF AMERICA
Case No. C-593.-Decided April 25, 194,0
Lumber Industry-Settlement: stipulation providing for compliance with
Act, including reinstatement of seven named employees-Order • entered on
stipulation
Mr. Weldon P. Monson and Mr. John Paul Jennings, for the Board.
Mr. H. C. Nelson and Mr. H. L. Ricks, of Eureka, Calif., and
Heller, Furman, White cC McAuliffe, of San Francisco, Calif., by
Mr. F. M. McAuliffe and Mr. Richard E. Guggenhime, for the
respondent.
Gladstein, Grossman cfi Margolis, of San Francisco, Calif., for the
Union.
Mr. Daniel J. Harrington, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Lumber and Sawmill Workers Local
No. 78, International Woodworkers of America,, herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Twentieth Region (San Francisco,
California) issued its complaint dated January 26, 1938, against Ham-
mond Redwood Company, San Francisco, California, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce, within the
meaning of Section 8 (1) and (3') of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. Copies of the complaint,
accompanied by notice of hearing, were duly served upon the re-
spondent and upon the Union.
In respect to the unfair labor practices, the complaint alleged in
substance: (1) that on or about June 25, 1937, the respondent dis-
charged and thereafter refused to reinstate seven named employees
23 N. L. It. B., No. 17
198
HAMMOND REDWOOD COMPANY 199
because they joined or assisted the Union and engaged in concerted
activities for the purpose of collective bargaining and other mutual
aid and protection; (2) that the respondent before and since June
25, 1937, urged, persuaded, and warned its employees to refrain from
becoming or remaining members of the Union and its predecessor
unions and in various other ways endeavored to prevent its employees
from becoming or remaining members of the Union; (3) that the
respondent at various times and particularly during June 1937 by
sundry and divers acts of intimidation and coercion interfered with,
restrained, and coerced its employees from joining or assisting the
Union and its predecessor unions and from engaging in concerted
activities for the purpose of collective bargaining and other mutual
aid and protection; (4) that the respondent at all times since on or
about May 15, 1935, continuously subscribed to, supported, main-
tained, and actively enforced a blacklist, the purpose and effect of
which was at all times to discourage and intimidate, employees in
their attempts at self-organization by keeping out of employment in
the redwood industry any employee belonging to or participating
in the activities of a lawful labor organization, said blacklist having
been and being intended by respondent to discourage and deter and
having the effect of discouraging and deterring its employees from
joining or assisting the labor organization of their choice and from
engaging in collective bargaining and other mutual aid and protec-
tion; and (5) that the respondent had maintained, supported, and
given aid to and was maintaining, supporting, and giving aid to an
association known as "The Humboldt Nationals," commonly known
in and around the County of Humboldt, State of California, as
the "Vigilante Committee," an association formed and maintained
for the purpose of, and which engaged in acts, intimidating, threat-
ening, spying upon, and in other ways interfering with and coercing
the employees of the respondent and other employees in their right
to join and assist lawful labor organizations and to engage in
-concerted activities as such members.
On February 5, 1938, the respondent filed a motion with the
Regional Director to dismiss the proceeding for want of jurisdiction
of the subject matter, and on the same day filed its answer denying
generally the material allegations of the complaint.
Pursuant to 7iotice a hearing was held in Eureka, California, from
February 10 to February 17, 1938, inclusive, before the Trial Exam-
iner duly designated by the Board. The Board and the respondent
were represented by counsel and participated in the hearing. Evi-
dence was adduced by the parties, and rulings were made by the
'Trial Examiner in connection with the conduct of the hearing. On
February 24, 1938, an amended complaint to conform the complaint
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the proof adduced against the respondent, was issued by the Board
and copies thereof were duly served on all parties.
On April 27, 1938, the Trial Examiner filed his Intermediate Re-
port, copies of which were duly served upon the parties, finding that
the respondent had engaged in and was engaging in unfair labor
practices affecting commerce, within the meaning of Section 8 (1)
and (3) and Section 2 (6) and (7) of the Act, and recommending
ihat the respondent cease and desist therefrom, including its main-
tenance of a blacklist of former employees who went on strike, and,
affirmatively, offer immediate and full reinstatement with restitution
to six named employees, and post appropriate notices. On May 14,
1938, exceptions to the Intermediate Report and the record were filed
by the respondent. Pursuant to notice a hearing, for the purpose of
oral argument on the exceptions and record was held before the Board
on November 1, 1938, in Washington, D. C. The respondent was
represented by counsel and participated in the oral argument. On
the same day the respondent submitted a brief.
On February 21, 1939, the Board issued an amendment to the com-
plaint, as amended, for the purpose of conforming certain allegations
of the complaint, as amended, to the proof as adduced at the hearing,
and on the same day issued an order amending the complaint, as
amended, in the respects set forth in the amendment to the complaint,
as amended, and granting leave to the respondent to make, amend, or
file an answer thereto and to make application to reopen the. proceed-
ings for the purpose of taking certain additional evidence. Copies
of the amendment and of the order were duly served upon the
respondent and upon the Union. On February 27, 1939, the Board
issued an order extending the time within which the respondent was
granted leave to make, amend, and file an answer, copies of which
were duly served upon the respondent and upon the Union. On
March 15, 1939, the respondent filed its answer to the amendment to
the complaint, as amended, denying the allegations of the amend-
ment to the complaint, as amended, raising certain objections to the
issuance of the amendment to the complaint, as amended, and mak-
ing application for vacation of the order and amendment to the com-
plaint, as amended, of February 21, 1939, and for alternate action
by the Board. On the same day the respondent filed its application
to reopen the proceedings. On August 17, 1939, the Board issued
an order, denying the application of the respondent to vacate, grant-
ing the respondent's application to reopen the record herein, remand-
ing the proceeding to the Regional Director for the purpose of con-
ducting a further hearing, and authorizing said Regional Director
to issue notice of such further hearing. Copies of the order were.
duly served upon the respondent and upon the Union.
HAMMOND REDWOOD COMPANY 201
On November 15, 1939, the Regional Director issued a notice of
further hearing, copies of which were duly served upon the respond-
ent and the Union. Pursuant to notice a further hearing was held
in Eureka, California, on November 30, and December 1, 1939, before
the Trial Examiner duly designated by the Board. Upon motion
of the respondent, the Trial Examiner dismissed the amendment to
the complaint, as amended, without prejudice and without any evi-
dence being adduced thereon.
A second amended charge having been filed on November 29, 1939,
by the Union and it appearing that the allegations of the complaint
issued on January 26, 1938, and thereafter amended, did not conform
in certain respects with the evidence offered and received at the
hearing held from February 10 to February 17, 1938, inclusive, the
Board, on December 16, 1939, pursuant to the second amended
charge and to conform the allegations to the proof as adduced at
said hearing, issued a second amendment to the amended complaint,
and on the same day issued an order sustaining the above ruling of
the Trial Examiner at the further hearing, granting a motion pre-
viously made by the respondent at said hearing that the said amend-
ment to the complaint, as amended, be stricken from the record,
ordering that the amended complaint be amended in the respect set
forth in the second amendment to the amended complaint, and grant-
ing leave to the respondent to make, amend, and file with the Board
an answer to the second amendment to the amended complaint or to
file other appropriate pleadings, or, in lieu thereof, to make appli-
cation to the Board that its answer to the amendment to the com-
plaint, as amended, stand as its pleading to the second amendment to
the amended complaint. Copies of the order and amendment were
duly served upon the respondent and upon the Union. On January
2, 1940, the respondent filed its answer to the second amendment to
the amended complaint, denying the allegations of said amendment,
setting forth a number of affirmative defenses to such allegations,
and requesting that the Board's order of December 16, 1939, amend-
ing the amended complaint, be vacated and the allegations of the
second amendment to amended complaint be dismissed. On the same
day the respondent filed a motion to reopen the proceedings for fur-
ther hearing. On January 30, 1940, the Board issued its order,
denying the application of the respondent made in its answer to the
second amendment to the amended complaint that the said order of
December 16, 1939, be vacated, ordering that the record be reopened
for the purpose of taking further evidence, remanding the proceed-
ing to the Regional Director for the purpose of conducting such
further hearing, and authorizing said Regional Director to issue
notice of such further hearing. Copies of such order were duly
served upon the respondent and upon the Union.
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 3, 1940, the respondent lodged with the Board a
motion to dismiss the complaint and all proceedings attendant thereon.
On February 29, 1940, the Board issued an order, copies of which were
duly served upon the respondent and upon the Union, admitting this
motion to dismiss to the record herein and granting leave to the re-
spondent to present argument on said motion to the Board at a hearing
for the purpose of oral argument at a date to be fixed by the Board.
On March 25, 1940, the respondent, the Union, and counsel for
the Board entered into the following stipulation and agreement in
settlement of the case, subject to approval by the Board:
IT IS HEREBY STIPULATED AND AGREED by and between Hammond
Redwood Company, a corporation; Lumber and Sawmill Work-
ers, Local No. 78, International Woodworkers of America; and
John Paul Jennings, Attorney, National Labor Relations Board,
as follows :
I
Respondent is and has been since February 24, 1931, a corpora-
tion organized under the laws of the State of Delaware, author-
ized to do and doing business in the State of California. It
has its principal office and place of business in San Francisco;
California, and operates mills in the township of Samoa and in
the City of Eureka, Humboldt County, California, and elsewhere,
where it is engaged in the production, sale and distribution of
redwood lumber and other lumber products.
During 1937, 48.2% of respondent's total output, measured in
board feet, was sold by respondent and thereafter transported
beyond the boundaries of the State of California to States and
Territories of the United States other than the State of Califor-
nia and to foreign countries. The total amount of respondent's
output thus transported outside of California during 1937
amounted to 55,520,602 feet, board measure, for which respond-
ent received the total sum of $2,821,925.54. The proportion and
amount in board feet and dollar volume of the respondent's out-
of-state sales during 1938, 1939 and at the present time is sub-
stantially the same as for 1937. Respondent agrees that it is
engaged in interstate commerce within the meaning of Section 2
(6) and (7) of the National Labor Relations Act.
II
Lumber and Sawmill Workers, Local No. 78, International
Woodworkers of America, is a labor organization within the
meaning of Section 2 (5) of, the National: Labor Relations Act.
HAMMOND REDWOOD COMPANY
III
203
Upon the basis of-all the records and papers in the above
entitled proceeding, including this stipulation, IT IS HEREBY AGREED
that, if and when this stipulation is approved by the National
Labor Relations Board, an order may forthwith be entered by
said Board providing as follows :
(1) Respondent Hammond Redwood Company shall not :
(a) Discourage membership in any labor organization of its
employees by discrimination in regard to hire or tenure of
employment or any term or condition of employment:
(b) Interfere with, restrain or coerce its employees in the
exercise of their right to self-organization, to form, join or assist
labor organizations, to bargain collectively, through represent-
atives of their own choosing, and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual
aid or protection;
(c) Discriminate in hiring against former employees because
of their activities in striking or any other union activity.
(2) Respondent Hammond Redwood Company shall take
the following affirmative action :
(a) Offer Edward Gowan, Frank Berg, John D. Koger,-Ber-
nard Gallagher, Henry Maust and John Morris immediate em-
ployment as section men, at the rate of pay now being paid
by respondent for such employment, namely 500 per hour;
(b) Offer Andrew Anderson immediate reinstatement to his
former position as lumber handler, at the rate of pay now being
paid by respondent for such employment, namely, 52¢ per hour ;
(c) Post immediately in conspicuous places in its mills and
logging camps in Humboldt County, California, and maintain
for a period of at least sixty (60) days, notices in the form of
exhibit "A" attached hereto ;
(d) Notify the Regional Director for the Twentieth Region
of the National Labor Relations Board'within ten (10) days of
the service of this order by detailed report, in writing, of the
manner and form in which respondent has complied with said
order.
IV
This stipulation is entered into by and between the parties
hereto in order to effect a settlement of existing litigation, but
without admission of culpability on the part of the respondent.
V
IT IS FURTHER STIPULATED AND.. AGREED that after, the
entry of the order by the National Labor Relations Board,
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as provided in this stipulation, there may be entered in the
United States Circuit Court of Appeals -for the Ninth
Circuit, a decree by said Court enforcing in full the said order
of the National Labor Relations Board, and each of the parties
hereto hereby consents to the entry of such decree and hereby
waives prior notice thereof.
VI
It is expressly understood and agreed that this stipulation
is subject to the approval of the National Labor Relations Board.
VII
The terms of this stipulation contain and set forth the entire
agreement by and between the parties hereto, and there is no
verbal agreement of any kind which varies, alters or adds to
this stipulation.
EXHIBIT A
NOTICE
To the Employees of Hammond Redwood Company:
1. The National Labor Relations Act guarantees to the em-
ployees of this company the right 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.
2. This company will not interfere with, restrain or coerce 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 purpose of collective bargaining or
other mutual aid or protection.
3. This company will not discourage membership in any labor
organization, whether or not affiliated with the Committee for
Industrial Organization 1 or the American Federation of Labor,
by discrimination in regard to hire or tenure of employment or
any term or condition of employment.
1 Now known as Congress of Industrial Organizations . We construe the stipulation and
agreement as relating to this labor organization under its present name
HAMMOND REDWOOD COMPANY 205
4. This company will not discriminate in hiring against
former employees because of their activities in striking or any
other union activity.
Dated: --------------------, 1940.
HA31MOND REDWOOD COMPANY,
By
On April 13, 1940, the Board issued its order approving the above
stipulation and agreement and making it a part of the record in
the case.
Upon the above stipulation and agreement and upon the entire
record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a Delaware corporation with its principal office
and place of business in San Francisco, California. It operates
mills in the Township of Samoa and in the City of Eureka, Hum-
boldt County, California, and elsewhere, where it is engaged in the
production, sale, and distribution of redwood lumber and other
lumber products.
During 1937, 48.2 per cent of the respondent's total output,
measured in board feet, was sold by the respondent and thereafter
transported from within California to points outside California,
including States and Territories of the United States and foreign
countries. The total amount of the respondent's output transported
outside the State of California during 1937 amounted to 55,520,602
feet, board measure, for which the respondent received the total sum
of $2,821,925. The proportion and amount in board feet and dollar
volume of the respondent's out-of-state sales during 1938,-1939, and
at the present time, were and are substantially the same as for 1937.
The respondent admits that it is engaged in interstate commerce,
within the meaning of the Act.
We find that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and commerce among
the several States, and between the States and Territories of the
United States and foreign countries.
II. THE ORGANIZATION INVOLVED
Lumber and Sawmill Workers, Local No. 78 .International Wood-
workers of America, is a, labor organization within the meaning of
Section 2 (5) of the Act.
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact, stipulation and agree-
ment, and upon the entire record in the case, and pursuant to Sec-
tion 10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby_orders :
1. That the respondent, Hammond Redwood Company, San Fran-
cisco, California, a corporation, its officers, agents, successors, and
assigns, shall not :
(a) Discourage membership in any labor organization of its
employees by discrimination in regard to hire or tenure of employ-
ment or any term or condition of employment;
(b) Interfere with, restrain, or coerce 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 purpose
of collective bargaining or other mutual aid or protection;
(c) Discriminate in hiring against former employees because of
their activities in striking or any other union activity.
2. That the said respondent, its officers, agents, successors, and
assigns shall take the following affirmative action :
(a) Offer Edward Gowan, Frank Berg, John D. Koger, Bernard
Gallagher, Henry Maust, and John Morris immediate employment
as section men, at the rate of pay now being paid by the respondent
for such employment, namely 500 per hour;
(b) Offer Andrew Anderson immediate reinstatement to his former
position as lumber handler, at the rate of pay now being paid by
the respondent for such employment, namely 520 per hour;
(c) Post immediately in conspicuous places in its mills and logging
camps in Humboldt County, California, and maintain for a period of
at least sixty (60) days, notices in the form set out in Appendix A;
(d) Notify the Regional Director for the Twentieth Region within
ten (10) days of the service of this Order by detailed report, in
writing, of the manner and form in which respondent has complied
with said Order.
APPENDIX A
NOTICE
To the Employees of Hammond Redwood Company:
1. The National Labor Relations Act guarantees to the employees
of this Company the right to self-organization, to form, join or
assist labor organizations, to bargain collectively through represents-
HAMMOND REDWOOD COMPANY 207
tives of their own choosing, and to engage in concerted activities, for
the purpose of collective bargaining or other mutual aid or pro-
tection:
2. This Company will not interfere with, restrain or coerce 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 purpose of collective bargaining or other mutual
.aid or protection.
3. This Company will not discourage membership in any labor
organization, whether or not affiliated with the Congress of Industrial
Organizations or the American Federation of Labor, by discrimina-
tion in regard to hire or tenure of employment or any term or condi-
tion of employment.
4. This Company will not discriminate in hiring against former
employees because of their activities in striking or any other union
activity.
Dated:__________________, 1940.
HAMMOND REDWOOD COMPANY,
By
MR. WILLIAM M. LEIS soN took no part in the consideration of
the above Decision and Order.