R.E. Atchison Lumber Co.

National Labor Relations Board - Board Decisions

Dec 17, 1940

28 N.L.R.B. 638 (N.L.R.B. 1940)

In the Matter of R. E . ATCHISON LUMBER COMPANY and LOCAL S 212,
INTERNATIONAL WOODWORKERS OF AMERICA
Case No . C-1747.-Decided December 17, 1940
Jurisdiction: lumber industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Alexander E. Wilson, for the Board.
Huey & Welch, by Mr. W. G. Stone, for the respondent.
Mr. J. A. Lipscomb, of Bessemer, Ala., for the Union.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local S 212,
International Woodworkers of America, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Tenth Region (Atlanta, Georgia), issued
its complaint dated October 26, 1940, against R. E. Atchison Lum-
ber Company, Bessemer, Alabama, herein called the respondent, al-
leging that the respondent had engaged in and was engaging in un-
fair labor, practices affecting commerce within the meaning of Sec-
tion 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 thereon were duly
served upon the respondent and the Union.
The complaint alleged in substance that (1) the respondent ter-
minated the employment of five of its employees and refused to rein-
state them because they joined and assisted the Union and engaged in
concerted activities for their mutual aid and protection; (2) the re-
spondent engaged in numerous acts designed to discourage member-
ship in and activity on behalf of the Union, including cursing,
threatening, assaulting, and evicting from company houses, employees
who had joined and refused to withdraw from the Union; and (3)
28 N. L. R. B., No. 94.
638
R. E. ATCHISON 'LUMBER COMPANY 639,
by these,and other acts the respondent interfered with, restrained,
and coerced its employees in the exercise of rights guaranteed in Sec-
tion 7 of the Act.
Prior. to .a hearing, the respondent, the Union, and counsel for the
Board entered into a stipulation dated November 29, 1940. The stip-
ulation provides as follows :
STIPULATION,
It is hereby stipulated by and between R. E. Atchison Lum-
ber Company, hereinafter called the Respondent; Local S 212,
International Woodworkers of America, hereinafter called the
Union; and Alexander E. Wilson, Jr., Attorney for the National
Labor Relations Board, as follows :
1.
Respondent is and for a long period of time has been an
Alabama corporation with its principal office and only -plant
in the City of Bessemer, Jefferson County, State of Alabama.
Respondent is now and for a long period of time continuously
has been engaged in the production, sale, and distribution of
yellow pine lumber. Respondent's products for the year 1939
amounted in value to approximately $63,000. Of this amount,
products of the value of approximately $27,000 were shipped
from Respondent's place of business in Bessemer, Alabama, to
points outside the State of Alabama. Materials and supplies
purchased and used by Respondent during the year 1939 in the
manufacture of its products amounted in value to approximately
$25,000, and of this amount materials and supplies amounting
in value to $-- were transported to Respondent's place
of business at Bessemer, Alabama, from points and places out-
side the State of Alabama. For purposes of this proceeding,
- and not otherwise, Respondent admits that it is engaged in inter-
state commerce within the meaning of Section 2, subdivisions
(6) and (7), of the National Labor Relations Act.
2.
The Union is a labor organization within the meaning of Sec-
tion 2, subdivision (5), of the National Labor Relations Act.
3.
Respondent hereby waives its -right to file an answer to the
Complaint of the National Labor Relations Board filed herein; to
its right to a hearing and to appear in person or otherwise and
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to give testimony and examine and cross-examine witnesses, as
provided in Section 10 (b) of the National Labor Relations Act
and in National Labor Relations Board Rules and Regulations,
Series 2, as amended; and all parties hereto, and each of them,
hereby waive the making of findings of fact and conclusions of
law by the National Labor Relations Board and to any other
procedure by or before the National Labor Relations Board
that may be provided in said National Labor Relations Act or
National Labor Relations Board Rules and Regulations, Series
2, as amended ; and all parties hereto, and each of them, agree
that the formal papers in this proceeding, including the Amended
Charge, Complaint and Notice of Hearing, Affidavit of Service
of Complaint and Notice of Hearing, copy of National Labor
Relations Board Rules and Regulations, Series 2, as amended,
and this Stipulation, and nothing else, shall constitute the entire
record in this case and shall dispose of the necessity for the
hearing referred to in said Complaint and Notice of Hearing
and as provided in Section 10 (b) and (c) of the National Labor
Relations Act. This waiver and agreement is expressly con-
ditioned upon the approval of this Stipulation by the National
Labor Relations Board.
4.
Upon the record herein and upon this Stipulation, if and when
approved by the National Labor Relations Board, an Order may
forthwith be entered by said Board providing as follows :
(1) Respondent, R. E. Atchison Lumber Company, shall cease
and desist from :
(a) Discouraging or encouraging membership in any labor
organization of its employees by discharging, demoting, or re-
fusing to reinstate any of its employees, or in any manner dis-
criminating with regard to their hire or tenure of employment
or any term or condition thereof, because or on account of their
membership in, activities in behalf of, or sympathy toward,
any such labor organizations;
(b) Urging, persuading, or warning its employees, or in any
manner influencing or attempting to influence said employees,
to form, join, assist, or participate in any labor organization, or
not to form, join, assist, or participate in any labor organization;
(c) In any manner interfering with, restraining, or coercing
its employees, or any of them, in the exercise of the right to
self-organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of their own choos-
ing, and to engage in concerted activities for the purpose of
R. E. ATCHISON LUMBER COMPANY 641
collective bargaining or other mutual aid or protection, as
guaranteed in Section 7 of the National Labor Relations Act.
(2) Respondent shall take the following affirmative action
in order to effectuate the policies of the National Labor Rela-
tions Act :
(a) Respondent shall immediately offer to Isaac Alexander,
Veotes Mixon, Iotes Mixon, Walter Bowling, and Paul Greer
reinstatement to their former or substantially equivalent posi-
tions, without loss of seniority or other rights or privileges;
(b) Post immediately at conspicuous places in its plant, and
maintain such posting for a period of 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 cease and desist in paragraphs (1) (a),
(b), and (c) of this Order; and (2) that the Respondent will
take the affirmative action set forth in paragraphs (2) (a) and
(b) of this Order. '
(c) Notify the Regional Director for the Tenth Region within
ten (10) days of the date of this Order what steps Respondent
has taken to comply herewith. '
5.
After the entry of the Order by the National Labor Relations
Board, as provided above, there may be entered in the United
States Circuit Court of Appeals for the appropriate 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.
6.
Respondent further agrees to pay to the Regional Director
for the Tenth Region the sum of $300, to be distributed to the
following-named employees in such amounts as he shall deem
just -and proper: -
k
Isaac Alexander
Veotes Mixon
Iotes Mixon
Walter Bowling
Paul Greer
which sum shall be in full settlement of the amounts said em-
ployees would have earned as wages from the dates of termina-
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion of their employment to the date of payment, less their
respective net earnings during said periods. This sum of $300
shall be paid to the Regional Director for the Tenth Region, as
aforesaid, immediately upon the approval of this Stipulation by
the Board.
7.
It is expressly understood and agreed that this Stipulation be
subject to the approval of the National Labor Relations Board.
8.
It is expressly understood and agreed that the entire agree-
ment among the parties hereto, as recited above and as their
signatures appear -below, is contained within the terms of this
Stipulation, and there is no agreement of any nature, verbal
or otherwise, which varies, alters, or adds to this Stipulation.
On December 9, 1940, the Board issued and duly served on the
parties an order approving the above stipulation, making it a part
of the record in the case, and pursuant to Article II, Section 36, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, transferring the case to the Board for the purpose of
entry of a decision and order pursuant to 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
The respondent, R. E. Atchison Lumber Company, is an Alabama
corporation with its principal office and plant in Bessemer, Alabama.
It is engaged in the production, sale, and distribution of yellow pine
lumber. The respondent's products for the year 1939 amounted in
value to approximately $63,000, about 43 per cent of which products,
valued at approximately $27,000, were shipped from the respondent's
place of business in Bessemer to points outside Alabama. For pur-
poses of this proceeding, the respondent admits that it is engaged in
interstate commerce within the meaning of Section 2 (6) and (7)
of the Act.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
R. E. ATCHISON LUMBER COMPANY 643
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:
(1) Respondent, R. E. Atchison Lumber Company, shall cease
and desist from :
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees by discharging, demoting, or refusing to
reinstate any, of its employees, or in any manner discriminating with
regard to their hire or tenure of employment or any term or condition
thereof, because or on account of their membership in, activities in
behalf of, or sympathy toward, any such labor organization;
(b) Urging, persuading, or warning its employees, or in any man-
ner influencing or attempting to influence said employees, to form,
join, assist , or participate in any labor organization , or not to form,
join, assist , or participate in any labor organization;
(c) In any manner interfering with, restraining, or coercing its
employees, or any of them , in the exercise of the right to self-organ-
ization, 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 bargaining or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act.
(2) Respondent shall take the following affirmative action in order
to effectuate the policies of the National Labor Relations Act :
(a) Respondent shall immediately offer to Isaac Alexander, Veotes
Mixon, Iotes Mixon , Walter Bowling, and Paul Greer reinstatement
to their former or substantially equivalent positions , without loss of
seniority or other rights or privileges;
(b) Post immediately at conspicuous places ,in its plant , and main-
tain such posting for a period of 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 cease and desist in paragraphs ( 1) (a), (b), and ( c) of this Order;
and (2 ) that the respondent will take the affirmative action set forth
in paragraphs ( 2) (a) and ( b) of this Order;
(c) Notify the Regional Director for the Tenth Region within ten
(10) days of the date of this Order what steps respondent has taken
to comply herewith.
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