Lewis Lumber Co.

National Labor Relations Board - Board Decisions

Feb 16, 1942

38 N.L.R.B. 1296 (N.L.R.B. 1942)

In the Matter of LEWIS LUMBER COMPANY AND WILLAMETTE VALLEY
OPERATORS ASSOCIATION and WILLAMETTE VALLEY DISTRICT COUNCIL
OF LUMBER AND SAWMILL WORKERS, UNITED BROTHERHOOD OF CAR-
PENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE A. F. of L.
Case No. C-1806
SUPPLEMENTAL DECISION
AND
ORDER
February 16, 1942
On February 27, 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 Lewis Lumber Company, one of the respondents herein, disestab-
lish Locals 68-A and 68-B, District 1, of Industrial Employees Union,
Inc., a labor organization herein called the I . E. U., and that Wil-
lamette Valley Lumber Operators ' Association , another respondent
herein , cease and desist interfering with the administration of Locals
68-A and 68-B, District 1, and giving effect to any contracts with
those locals. One of the stipulations upon which that Decision and
Order was based provided that if certain paragraphs of orders relat-
ing 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 Lumber and Sawmill Workers Union, A fliated with the A. F. of
L., et al.,2 should be enforced by the United States Circuit Court of
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 order in the Johnson case.3 The Board will accord-
ingly issue the additional orders provided in the stipulation.
1 29 N. L R. B., 1090
2 19 N. L R. B 884.
3 National Labor Relations Board v C D. Johnson Lumber Corporation (C. C. A. 9).
38 N. L. R. B., No. 230.
1296
LEWIS LUMBER COMPANY
ORDER
1297
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 Lewis Lumber Company, its officers, 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 Asso-
ciation, or any other employer, or association of employers, in inter-
fering with the administration of the I. E. U., or any other labor
organization, or contributing support to it, or any other labor organ-
ization, or in 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 representa-
tives 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;
(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.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the-Act :
(a) Withdraw all recognition fro mthe I. E. U. as representatives
of any of its employees for the purpose of dealing with it concerning
438861-42-vol. 38-83
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
grievances, labor disputes, rates of pay, wages, hours of employ-
ment, 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 conspicuous
places' in and about its logging operations and plants at and near
Pengra and Dexter, Oregon, and maintain such notices for a period
of at least sixty (90) 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 for-
mation or administration of any other labor organization, and con
tributing support to the I. E. U., or any local or subdivision thereof,
or any other labor organization ;
(b) Giving effect to any contract it 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 Lewis Lumber Company ;
(c) In any manner interfering with, restraining, or coercing the
employees of its members in the exercise of their rights to self -organi-
zation, to form, join, or assist labor organizations, to bargain collec-
tively 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
effectuafe the policies of the Act:
LEWIS LUMBER COMPANY 1299
(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.