Lamm Lumber Co.

National Labor Relations Board - Board Decisions

Nov 12, 1940

27 N.L.R.B. 1315 (N.L.R.B. 1940)

In the Matter of LAMM LUMBER COMPANY and INTERNATIONAL WOOD-
WORKERS OF AMERICA , LOCAL No . 6-12, AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL. ORGANIZATIONS
Case No. C-1716.-Decided November 12, 1940
Jurisdiction : lumber industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Thomas P. Graham, Jr. and Mr. Patrick H. Walker, for the
Board.
Mr. John B. Ebinger, of Klamath Falls, Oreg., for the respondent.
Mr. R. E. McLain, of Klamath Falls, Oreg., for the Union.
Mr. Louis Cokin, 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. 6-12, affiliated with the Congress
of Industrial Organizations, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional Direc-
tor for the Nineteenth Region (Seattle, Washington), issued its com-
plaint dated September 21, 1940, against Lamm Lumber Company,
Modoc Point, Oregon, herein called the respondent, alleging that
the respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1), (3), and
(5) and Section 2 (6) and (7) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. . Copies of the complaint and notices
of hearing thereon were duly served upon the respondent and the
Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that at all times since on or about December 26, 1939,
the respondent has refused and continues to refuse to bargain collec-
tively with the Union as the exclusive representative of the respond-
ent's employees in an appropriate bargaining unit; (2) that on or
27 N. L. R. B, No. 211.
1315
1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
about March 13,'1940, the respondent discharged Harvey Hall because -
of his membership in and activities on behalf of the Union; (3) that
the respondent on or about May 26, 1940, invited and requested its
employees to bargain individually with it and advised and urged its
employees against collective bargaining through the Union; and (4)
that by these and other acts the respondent interfered with, restrained,
and coerced its employees in the exercise of rights guaranteed in Section
7 of the Act. On October 14, 1940, the respondent filed an answer
denying the allegations of unfair'labor practices in the complaint.
Pursuant to notice duly served upon the parties, a hearing was held
on October 21 and 22, 1940, at Klamath Falls, Oregon, before Webster
Powell, the Trial Examiner duly designated by the Board. The Board
and the respondent were represented by counsel and participated in
the hearing.
On October 22, 1940, during the course of the hearing, the respond-
ent, the Union, Harvey Hall, and counsel for the Board entered into
a stipulation in settlement of the case. The stipulation provides as
follows :
This stipulation entered into by and between Lamm Lumber
Company by and through John B. Ebinger, its attorney, (herein-
after referred to as Respondent) International Woodworkers of
America, Local No. 6-12, Sub-local 6, by and through R. E. Mc-
Lean, its president, (hereinafter referred to as the Union) Harvey
Hall, individually, and Patrick H. Walker and T. P. Graham,
attorneys for the National Labor Relations Board, 19th Region.
WHEREAS : 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 19th Region
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act (49 Stat. 449) and its Rules and Regulations,
Series 2, as amended, Article IV, Section I, on the 18th day of
September, 1940, issued its complaint against the Respondent
alleging that the Respondent had committed unfair' labor prac-
tices in violation of Section 8, Sub-section 1, 3 and 5 of the
National Labor Relations Act.
I
The Respondent is a corporation organized under and existing
by virtue of the laws of the State of Oregon with its principal
office and place of business at Modoc Point, Oregon.
II
The respondent is engaged in the business of logging, sale of
logs, and the manufacture and sale of finished lumber and lumber
LAMM LUMBER COMPANY 1317
products. It owns and operates a logging camp, logging equip-
ment, machinery and logging railroad at and near Yamsey, Ore-
gon, ahd a lumber manufacturing plant at Modoc Point, Oregon.
In the course and conduct of operation of its logging camp it pro-
duced approximately 44,000,000 board feet of logs during the
year of 1939 of which 41,500,000 board feet were utilized in its
Modoc Point plant and 2,500,000 board feet were sold to other
'lumber manufacturing companies situated within the State, of
Oregon.
III
The Respondent during the year 1939, in the course and con-
duct of its business at its Modoc Point Plant, produced 41,500,000
board feet of finished products of which approximately 41,375,500
board feet or 97 percent were sold and shipped in interstate
commerce to, into, and through the several states of the United
States other than the State of Oregon and 124,500 board feet or
3 percent thereof were sold and shipped to purchasers located
within the State of Oregon.
IV
The Respondent is engaged in commerce within the meaning of
the act and decisions of the Supreme Court thereunder.
V
International Woodworkers of America, Local No. 6-12, affili-
ated with the Congress of Industrial Organizations is a labor
organization within the meaning of the act.
VI
This stipulation', together with the various pleadings, the
transcript of the proceedings heretofore taken, and the exhibits
heretofore 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 may enforce the
order which the Board may enter.
VII
,The taking of testimony in this proceeding, the making of
Findings of Fact and Conclusions of Law by the Board, pursu-
ant to the provisions of the Act, are hereby expressly waived by
the Respondent, the Union, and Harvey Hall, and the Board's
order as herein provided, shall have the same force and effect
1318 DECISIONS OF NATIONAL I:ABOR RELATIONS BOARD
as if made after a full hearing, presentation of evidence and
the making of findings thereon.
VIII
While denying that it has violated in the past any of the pro- -
visions of the Act, upon this stipulation and the record herein,
an order may forthwith be made and entered by the Board
providing as follows :
1. Respondent, Lamm Lumber Company, its agents, - officers,
successors and assigns shall
Refrain
(a) From discriminating in regard to hire and tenure of
employment, or any term or condition of employment, to en-
courage or discourage membership in any labor organization.
(b) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self
organization, to form, join, or assist labor organization, 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;
2. Take the following affirmative action in order to effectuate
the purposes of the Act
(a) Make whole to the said Harvey Hall for any loss of pay
by paying to him the sum of $351.23.
(b) Post immediately and keep visible in conspicuous and
prominent places in its Yamsey, Oregon, Logging camp and
maintain for a period of at least sixty consecutive days from
the date of posting, notices to its employees stating: (1) That
the Respondent will not engage in the conduct from which it
is ordered to refrain in paragraphs (I) a and b of this order;
(2) That the Respondent will take the affirmative action set
forth in paragraphs (II) a and b of this order; (3) That the
Respondent's employees are free to become or remain members
of International Woodworkers of America, Local No. 6-12 and
the Respondent will not discriminate against any employee be-
cause of membership or activity in that organization;
(c) Notify the Regional Director of the 19th Region in
writing within ten days from the date of the order of the Board
what steps have been taken to comply therewith.
IX
That to Harvey Hall, Respondent offered reinstatement which
was declined by the said Harvey Hall.
LAMM LUMBER COMPANY 1319
X
The allegations in paragraph VII and XI of the complaint
shall be and they are hereby dismissed.
XI
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 parties
expressly waiving their right to contest 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 application for the entry of such
decree.
XII
This stipulation is subject to the approval of the Board after
submission of the same to 'the Board at Washington, D. C.
XIII
This stipulation contains the entire agreement of the parties
and there are no verbal agreements which vary, alter or modify
this stipulation.
On November 4, 1940, the Board issued an order approving the
above stipulation, making it a part of the record, and, pursuant to
Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the proceeding ,to
the Board for the purpose of entry of a decision and order pursuant
to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF THE RESPONDENT
Lamm Lumber Company is an Oregon corporation with its principal
office and place of business at Modoc Point, Oregon, where it is engaged
in the business of cutting and selling logs and manufacturing and
selling finished lumber and lumber products. During 1939 the
respondent produced approximately 44,000,000 board feet of logs,
41,500,000 feet of which were utilized by it in its Modoc Point plant
and 2,500,000 board feet of which were sold by it to other companies
located within the State of Oregon. During this same period, the
respondent produced 41,500,000 board feet of finished products,
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approximately 97 per cent of which were sold and shipped by it to
points outside the State of Oregon . The respondent admits that it
is engaged in commerce within the meaning of the Act.
We find that the above -described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and 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 Lamm Lumber Company , Modoc Point, Oregon,
its officers , agents, successors , and assigns , shall :
1. Refrain
(a) From discriminating in regard to hire and 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 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 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) Make whole to the said Harvey Hall for any loss of pay by
paying to him the sum of $351.23;
(b) Post immediately and keep visible in conspicuous and promi-
nent places in its Yamsey, Oregon, Logging camp and maintain for
a period of at least sixty ( 60) consecutive days from the date of
posting, notices to its employees stating: (1) that the respondent will
not engage in the conduct from which it is ordered to refrain in'
paragraphs 1 (a) and (b) of this Order; (2) that the respondent
will take the affirmative action set forth in paragraphs 2 (a) and (b)
of this Order; ( 3) that the respondent 's employees are'free to be-
come or remain members of International Woodworkers of Amer-
ica, Local No. 6-12 and the respondent will not discriminate against
any employee because of membership or activity in that organization;
(c) Notify the Regional Director of the 19th Region in writing
within ten (10) days from the date of this Order of the Board what
steps have been taken to comply therewith.
AND IT IS FURTHER ORDERED that the allegations of, the complaint
charging the respondent with engaging in unfair labor practices
within the meaning of Section 8 ( 5) of the Act be, and they hereby
are, dismissed.