The Champion Paper and Fibre Co.

National Labor Relations Board - Board Decisions

Jan 27, 1940

19 N.L.R.B. 963 (N.L.R.B. 1940)

In the Matter of THE CHAMPION PAPER AND FIBRE COMPANY and
.INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND-PAPER MILL
WORKERS, LOCAL 305 and EMPLOYEEs'FEDERATION OF THE CHAMPION
PAPER & FIBRE COMPANY , PARTY TO THE CONTRACT
Case No. C-1460.Decided January 07, 1940
Paper and Cardboard Manufacturing Industry-Settlement : stipulation pro-
viding for compliance with the Act, including disestablishment of and abrogation
of contract with company-dominated . union-Order : entered on stipulation.
Mr. L. N. D. Wells, Jr., for the Board.
Mr. John H. Malin, for the Union.
Vinson, Elkins, Wiems & Francis, for the respondent.
Mr. W. K. Thomas, for the Federation.
Mr. Edward Scheunemann, of counsel to the Board.
DECISION
AND.
ORDER
STATEMENT OF. THE CASE
Upon charges and amended charges duly filed by. International
Brotherhood of Pulp, Sulphite and Paper Mill Workers, Progress
Local 305, herein called the Union; the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Sixteenth Region (Fort Worth, Texas) issued its complaint, dated
November 27, 1939, against The Champion Paper & Fibre Company,
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 (2) 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, the Union, and Employees
Federation of the Champion Paper and Fibre Company, party to
the contract. '
The complaint alleged in substance '(1) that the' respondent en-
couraged, dominated, and 'interfered with the formation and admin-
istration of the Federation, and, (2)" by these and other activities
19N. L. R. B., go. `96.
963
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
persuaded and warned its employees to refrain from becoming or
remaining members of the Union.
On January 4,.1940, counsel for the respondent, the Union, the
Federation, and the Board entered into a stipulation in settlement
of the case. The stipulation provides as follows :
It is hereby stipulated and agreed for the purpose and only
for the purpose of this cause by and between the Champion
Paper & Fibre Company, the respondent herein, and Interna-
tional Brotherhood of Pulp, Sulphite and Paper Mill Workers,
Local 305, the complaining union herein, and Employees Federa-
tion of The Champion Paper & Fibre Company, party ' to the
contract, and L. N. D. Wells, Jr., attorney for the Sixteenth
Region of the National Labor Relations Board, as follows :
1. Charges and amended charges were filed by the Inter-
national Brotherhood of Pulp, Sulphite and Paper Mill Work-
ers, Local 305, with the Sixteenth Regional Office of the National
Labor Relations Board alleging that the respondent, the Cham-
pion Paper & Fibre Company, had violated Section 8, subsections
(1) and (2), of the National Labor Relations Act. Thereafter
on November 27, 1939, the National Labor Relations' Board
through Edwin A. Elliott, Regional Director for the Sixteenth
Region, duly issued its Complaint and Notice of Hearing alleging
that respondent had engaged in and was 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. The ' charges and the Complaint,
together with the Notice of Hearing were duly served upon the
respondent and on The Employees Federation of the Champion
Paper and Fibre Company and on the International Brother-
hood of Pulp, Sulphite and Paper Mill Workers, Local 305, on
November 29, 1939, and said hearing was scheduled to begin on
December 11, 1939, at the Federal Building, Houston, Texas.
Pursuant to notice duly served on all parties hereto the hearing
was postponed to 10 A. M. January 8, 1940, at the same place.
The Respondent did not file an answer to the Board's Complaint
and hereby waives its right to file said answer, but in so doing
does not admit the truth of the allegations of the complaint or
any of them, except where expressly admitted herein, and then
only for the purposes of this cause.
2. The Respondent is an Ohio corporation, operating and
doing business in the State of Texas by virtue of a permit to do
business, in the State of Texas issued by the Secretary of' State
of Texas on March 3, 1936; and is now and has, continuously
been since March 3, 1936 , engaged at a place of business at
THE CHAMPION PAPER AND FIBRE 'COMPANY 965
Pasadena, Harris County, Texas, in the manufacture of pulp,
cardboard, paper, and paper products. The respondent, in the
course and conduct of its business, causes and has continuously
caused the raw materials used in the production of pulp, card-
board, and paper produced by it to be sold and transported in
interstate commerce from and through states of the United States
other than the State of Texas and from foreign countries to its
aforementioned plant in the State of Texas, and causes and has
continuously caused the pulp, cardboard, and paper produced
by it to be sold and transported in interstate commerce from its
aforementioned plant in the State of Texas to, into and through
states of the United States other than the State of Texas.
The-respondent agrees and 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, and that
respondent is subject to the provisions of the National Labor
Relations Act and the jurisdiction of the National Labor Rela-
tions Board.
All parties hereto expressly agree that the National Labor
Relations Board may forthwith make jurisdictional findings
based upon facts stipulated in this paragraph and that the Board
may find that the above described operations of the respondent
constitute a continuous flow of trade, traffic and commerce
among the several States.
3. All parties hereto expressly agree that the charges, com-
plaint, and notice of hearing referred to in paragraph 1 above,
and this stipulation shall constitute the entire record in this cause,
and that said documents shall be entered in the record herein
by filing with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D.. C.
4. All parties hereto expressly waive the right to a hearing in
this matter and making of finding of fact and conclusions of
law by the National Labor Relations Board, and expressly agree
and consent that the National Labor Relations Board may forth-
with enter an Order providing, and providing only, as follows :
The respondent, The Champion Paper & Fibre Company,
shall :
I.
a. Cease and desist from interfering with, restraining and
coercing its employees in the exercise of their rights to self-
organization , to form , join or assist labor organizations , to bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities , for the purpose of collective
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966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining or other mutual aid and protection as guaranteed by
Section 7 of the National Labor Relations Act.
b. Cease and desist from dominating or interfering with the
administration of the Employees Federation of The Champion
Paper & Fibre Company or with the formation or administration
of any other labor organization of its employees, and from con-
tributing financial or other support to the Employees Federation
of the Champion Paper & Fibre Company or any other labor
organization of its employees.
c. Cease and desist from recognizing the Employees Federa-
tion of the Champion Paper & Fibre Company as the representa-
tive of any of its employees for the purpose of dealing with the
respondent concerning grievances, labor disputes, wages, rates
of pay, hours of employment, or conditions of work.
d. Cease and desist from giving effect to the agreement entered
into November 1, 1938 and any other agreement entered into with
the Employees Federation of The Champion Paper & Fibre
Company with regard to rates of pay, wages, hours of employ-
ment, or other conditions of work.
II.
Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act :
(a) Withdraw all recognition from Employees Federation of
The Champion Paper & Fibre Company as representative of any
of its employees for the purpose of dealing with the respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of work, and completely dis-
establish any and all relationship with the Employees Federation
of The Champion Paper & Fibre Company as such representative.
(b) Instruct all respondent's officials and agents, including
superintendents, foremen, and other supervisory employees, by
posting notices as provided in paragraph II (c) of this order, that
they shall not in any manner interfere with, restrain or coerce re-
spondent's employees in the exercise of their rights of self organi-
zation, to form or join or assist labor organizations, to bargain
collectively through its representatives of their own choosing, or
to engage in concerted activities for the purpose of collective
bargaining or other, mutual aid and protection.
(c) Post and keep posted for. a period of at',least sixty (60)
days from the date of the issuance of the Order herein agreed to
in several conspicuous places throughout its plant .at Pasadena,
Texas, copies of the Order herein agreed to, together with the
THE `CHAMP-IOtN PAPER -AND FIBRE iGOM'PANY 967
statement that the respondent will abide by and comply with the
provisions of the Order.
'(d) Notify the Regional Director for the Sixteenth Region in
writing within ten days of the date of the issuance of the Order
herein agreed to what steps respondent has taken to comply
herewith.
6. The parties hereto agree and consent to the entry by the
Fifth Circuit Court of Appeals of an enforcement order embody-
ing the terms of the Board Order agreed to above, and all parties
hereby waive further notice of the application for and the entry
of such court order, provided that a certified copy of said order
shall be served upon the respondent immediately following its
issuance.
7. By entering into this stipulation respondent does not waive
its right to attack any provision of the order herein agreed to that
does not have basis in the allegations of the complaint herein.
8. All stipulations herein made are subject to the approval of
the Board and should the Board fail to approve the terms and
conditions contained herein within 15 days from the date hereof
this stipulation shall be null and void, and of no effect and the
proceedings in this matter shall be in the same status as though
no stipulations had been entered into.
On January 10, 1940, the Board issued its order approving the above
stipulation and making it part of the record herein.
. Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is an Ohio corporation engaged in the manufac-
ture of pulp, cardboard, paper, and paper products at Pasadena,
Texas. The respondent causes and has continually caused raw mate-
rials used in the production of its products to be sold and transported
in interstate commerce from and through States other than Texas,
and has caused and continuously caused the products manufactured
by it to be transported in interstate commerce into and through States
other than Texas.
ORDER • 0
-Upon. the basis of the above findings of fact, 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 Champion Paper and Fibre Company shall :
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from :
(a) Interfering with, restraining, and 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 and protection
as guaranteed by Section 7 of the National Labor Relations Act;
(b) Dominating or interfering with the administration of the
Employees Federation of The Champion Paper & Fibre Company
or with the formation or administration of any other labor organ-
ization of its employees, and from contributing financial or other
support to the Employees Federation of The Champion Paper &
Fibre Company or any other labor organization of its employees;
(c) Recognizing the Employees ^Federation of The Champion
Paper & Fibre Company as the representative of any of its employees
for the purpose of dealing with the respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or condi-
tions of work;
(d) Giving effect to the agreement entered into November 1, 1938,
and any other agreement entered into with the Employees Federation
of The Champion Paper & Fibre Company with regard to rates of
pay, wages, hours of employment, or other conditions of work.
2. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act:
(a) Withdraw all recognition from Employees Federation of The
Champion Paper & Fibre Company as representative of any of its
employees for the purpose of dealing with the respondent concerning
grievances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of work, and completely disestablish any and all
relationship with the Employees Federation of The Champion
Paper & Fibre Company as such representative;
(b) Instruct all respondent's officials and agents, including super-
intendents, foremen, and other supervisory employees, by posting
notices as provided in paragraph 2 (c) of this Order, that they shall
not in any manner interfere with, restrain, or coerce respondent's
employees in the exercise of their rights of self-organization, to form
or join or assist labor organizations, to bargain collectively through
its representatives of their own choosing, or to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid and protection;
(c) Post and keep posted for a period of at least sixty (60) days
from the date of the issuance of the Order herein agreed to in several
conspicuous places throughout.its plant at Pasadena, Texas, copies
THE CHAMPION PAPER AND FIBRE COMPANY 969
of the Order herein agreed to, together with the statement that the
respondent will abide by and comply with the provisions of the
Order;
(d) Notify the Regional Director for the Sixteenth. Region in writ-
ing within ten (10) days of the date of the issuance of -the Order
herein agreed to what steps respondent has taken to comply herewith.