Independent Lumber Co.

National Labor Relations Board - Board Decisions

Aug 12, 1940

26 N.L.R.B. 508 (N.L.R.B. 1940)

In the Matter'of R. W. FERGUSON AND ROY RUTHERFORD, d. b. a.
INDEPENDENT LUMBER COMPANY and FAIRBANKS MINE WORKERS'
UNION, LOCAL No. 444, AND THE BROTHERHOOD OF ALASKA MINERS,
A PARTY TO THE CONTRACT
Case No. C-1634.-Decided August 12, 1940
Jurisdiction : lumber and lumber products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Order : entered on stipulation.
Mr. Patrick H. Walker, for the Board.
Mr. R. W. Ferguson, of Fairbanks, Alaska, for the respondents.
Mr. W. A. Rasmussen, of Fairbanks, Alaska, for the Union.
Mr. M. N. Arnold, of Fairbanks, Alaska, for the Brotherhood.
Mr. Milton E. Harris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Fairbanks Mine Workers' Union, Local
No. 444, 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 June 10,
1940, against R. W. Ferguson and Roy Rutherford, doing business as
Independent Lumber Company, Fairbanks, Alaska, herein called the
respondents, alleging that the respondents had engaged in and were
engaging in unfair labor practices affecting commerce, within the
meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
The complaint, containing a notice of hearing, was duly served on
the respondents, on the Union, and on The Brotherhood of Alaska
Miners, herein called the Brotherhood.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondents (1) dominated and interfered with
the formation and administration of the Brotherhood, a labor organ-
ization, and contributed support thereto; (2) on or about June 15,
1939, recognized the Brotherhood, and entered into a written labor
26 N. L. R. B., No. 48.
508
R. W. FERGUSO1T AMD ROY RUTHERFORD 509
agreement with the Brotherhood; and (3) otherwise interfered with,
restrained, and coerced their employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On June 20, 1940, the respondents, the Union, the Brotherhood, and
an attorney for the Board entered into a stipulation, subject to the
approval of the Board, in settlement of the case. This stipulation
provided as follows:
This stipulation made and entered into by and between R. W.
Ferguson and Roy Rutherford (hereinafter called respondents)
copartners doing business as Independent Lumber Company, by
R. W. Ferguson, copartner, Fairbanks Mine Workers' Union,
Local No. 444, by and through its representative, W. A. Ras-
mussen, the Brotherhood of Alaska Miners, by and through its
president, M. N. Arnold and Patrick H. Walker, attorney for
the National Labor Relations Board, Nineteenth Region;
WITNESSETH:
WHEREAS, upon charges duly filed by Fairbanks Mine Workers'
Union Local No. 444, chartered by the International Union of
Mine, Mill and Smelter Workers, affiliated with the Congress of
Industrial Organizations, the National Labor Relations Board,
by the Regional Director for the Nineteenth Region, acting pur-
suant to authority granted in Section 10 (b) of the National
Labor Relations Act, (49 Statute 449) and its rules and Regu-
lations, Series 2, as amended, Article IV, Section 1, issued its
complaint on the 10th day of June, 1940, against the respondents
herein ;
AND WHEREAS, respondents on the 20th day of June, 1940, filed
their verified answer to the complaint of the National Labor Re-
lations Board, denying each and every allegation of violations
of the National Labor Relations Act;
NOW THEREFORE, it is stipulated and agreed as follows;
I
That the respondents, R. W. Ferguson and Roy Rutherford,
are engaged in the manufacture, sale and distribution of lumber
and lumber products and the sale and distribution of prepared
builders' supplies under the assumed business name of Inde-
pendent Lumber Company at their principal place of business
in Fairbanks, Territory of Alaska, where they, at all times
mentioned have, and now do, operate a sawmill.
II
That in the operation of their Fairbanks, Alaska, sawmill, sub-
stantial quantities of saw logs utilized by respondents;-from
510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which finished products are obtained, are cut from standing
timber located approximately 75 miles distant from the plant
site. That said saw logs are transported from the situs of stand-
ing timber to the plant by means of floating or rafting upon
the waterways of the Chena, Little Chena, and Tanana, all being
navigable bodies of water.
That prepared builders' supplies sold, shipped, and distributed
by respondents are procured from points located in the several
States of the United States and thereafter transported by com-
mon carrier vessels through and upon the International Waters
of Puget Sound-Queen Charlotte Sound, and the Gulf of Alaska,
all being part and parcel of the Pacific Ocean, to Seward, Alaska;
from thence to respondents' Fairbanks, Alaska, plant by means
of common carrier engaged in trade, traffic and commerce in the
Territory of Alaska, to-wit; the Alaska Railroad.
III
That the respondents, in the course and conduct of the, opera-
tion of their Fairbanks, Alaska, sawmill, cause and continuously
have caused approximately 99%. of the raw materials used in
the manufacture of their finished products, of the approximate
annual value of $175,000.00, ' to be purchased and transported
from and through trade, traffic and commerce in the Territory
of Alaska. In addition thereto, respondents cause and continu-
ously have caused to be purchased prepared builders' supplies
of the approximate annual value of $30,000.00, all of which are
purchased, shipped and transported to, into ' and through the
several States of the United States and from and through trade,
traffic and commerce in the Territory of Alaska.
IV
That the respondents in the course and conduct of the opera-
tion of their sawmill at Fairbanks, Alaska, manufacture annu-
ally lumber and lumber products of the approximate value of
$175,000.00. Approximately 99% thereof, respondents cause and
continuously have caused to be sold, shipped and transported
from their Fairbanks, Alaska, plant, to, into and through trade,
traffic and commerce in the Territory of Alaska. That the re-
spondents in the course and conduct of the operation of their
plant at Fairbanks, Alaska, cause and continuously have caused
substantially 99% of the approximate annual value of $30,000.00
of all builders' supplies received by them, to be sold, shipped and
transported from their Fairbanks, Alaska, operations to, into and
through trade, traffic and commerce in the Territory of Alaska.
I Bic.
R. W. FERGUSON AND ROY RUTHERFORD 511
V„
That the respondents are engaged in commerce within the
meaning of Section 2 (6) of the National Labor Relations Act.
VI
That Fairbanks Mine Workers' Union, Local No. -444, chartered
by the International Union of Mine,, Mill and Smelter Workers,
affiliated with the Congress of Industrial Organizations, and the
Brotherhood of Alaska Miners, unaffiliated, are labor organi-
zations within the meaning of Section 2 (5) of the National
Labor Relations Act.
VII
That upon the basis of the record, which includes the pleadings
and this stipulation, the respondents hereby expressly waive the
right to a hearing and expressly waive the making of Findings
of Fact and Conclusions of Law by the Board.
VIII
That upon the basis of the record herein, which includes the
pleadings, verified denial by respondents of all charges above
mentioned, and this stipulation, the respondents expressly con-
sent that an order may be entered by the Board, if it approves
this stipulation, which Order shall have the same force and
effect as if made after hearing, Findings of Fact and Conclusions
of Law, ordering that:
R. W. Ferguson and Roy Rutherford, doing business under
the name and style of Independent Lumber Company, individ-
ually and collectively, and their supervisory employees and agents,
shall
1. Cease and Desist from:
(a) In any manner interfering with, restraining, or coercing
their employees in the exercise of 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 concerted activities for the purpose of collective bargaining,
or other mutual aid or protection, as guaranteed in Section 7
of the National Labor Relations,Act;
(b) In any manner dominating or, interfering with the admin-
istration of the Brotherhood of,Alaska •Miners, or the formation
or administration of any other 'labor, ,organization of their, em-
ployees, and from contributing financial or other support to the
Brotherhood of Alaska Miners or any other labor organization
of their employees;
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Recognizing the Brotherhood of Alaska Miners as the
representative of any of their employees for the purpose of
dealing with respondents concerning grievances, labor disputes,
wages, rates of pay, hours of employment or other conditions of
employment;
(d) Giving effect to any agreement respondents have or may
have entered into with the Brotherhood of Alaska Miners in re-
spect to grievances, rates of pay, wages, hours of employment or
other conditions of employment;
(e) Permitting their supervisory employees and agents to
urge, persuade, or warn their employees for the purpose of in-
fluencing or coercing them in their choice of labor organization;
(2) Take the following affirmative action to effectuate the
policies of the National Labor Relations Act;
(a) Withdraw all recognition from the Brotherhood of Alaska
Miners as the representative of any of their employees for the
purpose of dealing with respondents concerning grievances, labor
disputes, rates of pay, wages, hours of employment or other
conditions of employment, and completely disestablish the
Brotherhood of Alaska Miners as such representative;
(b) Require their supervisory employees and agents to cease
and desist from urging, persuading, or warning employees for
the purpose of influencing or coercing them in their choice of
,labor organization;
(c) Post immediately in conspicuous places in the plant of
respondents at Fairbanks, Territory of Alaska, and maintain for
a period of at least sixty consecutive days from the date of
posting, notices to their employees stating: (1) that the re-
spondents will not engage in the conduct from which they are
ordered to cease and desist in paragraphs 1 (a) (b) (c) (d) (e)
of this order; (2) that the respondents will take the affirmative
action set forth in paragraphs'2 (a) (b) (c) (d) of this order;
(d) Notify the Regional Director for the Nineteenth Region
in writing within 10 days from date of this Order, what steps
respondents have taken to comply therewith.
IX
It is further stipulated by and between the parties hereto
that upon application by the Board, without notice to the re-
spondents of the filing of a petition by the Board, which notice
the respondents hereby expressly waive, the respondents further
expressly consent that the Circuit Court of Appeals for the ap-
propriate circuit may enter a Decree enforcing the said Order
above set forth,
R. W. FERGUSON AND ROY RUTHERFORD 513
X
It is further stipulated by and between the parties hereto that
this stipulation and the pleadings herein shall be filed with the
Chief Trial Examiner for the Board . Sub-paragraphs a, e, and g
of Paragraph V of said Complaint are hereby dismissed.
XI
It is further stipulated and agreed by and between the parties
hereto that this stipulation is subject to the approval of the
National Labor Relations Board after submission to the Board
at Washington, D. C.
XII
It is understood and agreed by and between the parties hereto
that there are no oral agreements which alter , vary or add to
this stipulation.
On July 10, 1940 , the Board issued and duly served on the re-
spondents , the Union , and the Brotherhood , an order approving the
said stipulation , making it a part of the record in the case, and
transferring the case to and continuing it before the Board for the
purpose of entry of a decision and order by the Board pursuant
to the provisions of the said stipulation.
Upon the said stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
The respondents , R. W. Ferguson and Roy Rutherford , are engaged
in the manufacture , sale, and distribution of lumber and lumber prod-
ucts and the sale and distribution of prepared builders' supplies
under the assumed business name of Independent Lumber Company,
at their principal place of business located in Fairbanks , Territory
of Alaska, where they operate a sawmill . In the operation of their
sawmill , the respondents use substantial quantities of saw logs, which
are transported to the sawmill by means of floating or rafting upon
navigable waters. Approximately 99 percent of all the raw materials
used by the respondents in the manufacture of their finished products
are transported from and through trade, traffic , and commerce in
the Territory of Alaska . The prepared builders' supplies sold and
distributed by the respondents are procured from points located in
the several States and are transported by common carrier on interna-
tional bodies of water and through the Territory of Alaska. . Approx-
imately 99 percent of the respondents ' finished products , of the ap-
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proximate annual value of $175,000, and substantially 99 percent of
the builders' supplies received by them, of the approximate annual
value of $30,000, are sold, shipped, and transported through trade,
traffic, and commerce in the Territory of Alaska. The respondents
concede that they are engaged' in commerce, within the meaning of
Section 2-(6) of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce within the Territory of Alaska
and between it and the several States.
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 the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondents, R. W. Ferguson and Roy Ruther-
ford, doing business under the name and style of Independent Lumber
Company, individually and collectively, and their supervisory em-
ployees and agents, shall:
1. Cease and desist from:
(a) In any manner interfering with, restraining, or coercing their
employees in the exercise of 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 concerted
activities for the purpose of collective bargaining, or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) In any manner dominating or interfering with the administration
of The Brotherhood of Alaska Miners, or the formation or administra-
tion of any other labor organization of their employees, and from
contributing financial or other support to The Brotherhood of Alaska
Miners or any other labor organization of their employees;
(c) Recognizing The Brotherhood of Alaska Miners as the repre-
sentative of any of their employees for the purpose of dealing with
respondents concerning grievances, labor disputes, wages, rates of
pay, hours of employment, or other conditions of employment;
(d)' Giving effect to any agreement respondents have or may have
entered into with The Brotherhood of Alaska Miners in respect to
grievances, rates of pay, wages, hours of employment, or other
employment;
(e) Permitting their supervisory employees and agents to urge,
persuade or warn their employees for the purpose of influencing
or coercing them in their choice of labor organization;
2. Take the' following affirmative action to effectuate the policies
of the National Labor Relations Act:
R. W. FERGUSON AND ROY RUTHERFORD 515
(a) 'Withdraw all recognition from The Brotherhood of Alaska
Miners as the representative of any of their employees for the purpose
of dealing with respondents concerning grievances, labor disputes,
rates of pay, wages, hours of employment, or other conditions of
employment, and completely disestablish The Brotherhood of Alaska
Miners as such representative;
(b) Require their supervisory employees and agents to cease and
desist from urging, persuading, or warning employees for the purpose
of influencing or coercing them in their choice of labor organization;
(c) Post immediately in conspicuous places in the plant of,respond-
ents at Fairbanks, Territory of Alaska, and maintain for a period
of at least sixty consecutive days from the date of posting, notices
to their employees stating: (1) That the respondents will not engage
in the conduct from which they are ordered to cease and desist in
paragraphs 1 (a), (b), (c), (d), (e) of this order; (2) that the respondents
will take the affirmative action set forth in paragraphs 2 (a), (b),
(c), (d) of this order;
(d) Notify the Regional Director for the Nineteenth Region in
writing within 10 days from date of this Order, what steps respondents
have taken to comply herewith.