The Connor Lumber and Land Co.

National Labor Relations Board - Board Decisions

Dec 28, 1938

10 N.L.R.B. 843 (N.L.R.B. 1938)

In the Matter of THE CONNOR LUMBER AND LAND Co. and INTER-
': NATIONAL WOODWORKERS OF AMERICA, LOCAL No. 125 (C. I. 0.)
Case No. C-986.-Decided December 28,.1938
Lumber and Wood Products Manufacturing Industry-Settlement : stipula-
tion providing for, reinstatement and back pay-Order; entered on stipulation;
complaint dismissed as to five employees. •
Mr. Frederick Mett and Mr. William R. Consedine, for, the Board.
Mr. Theo. W. Brazeau and Mr. R. B. Graves, of Wisconsin Rapids,
Wis., for the respondent.
Mr. Henry Paull, of Duluth, Minn., for Local No. 125.
Padway, Goldberg cti Tarrell, by Mr. A. G. Goldberg, of,Milwaukee,
Wis., for Local No. 2871. -
Mr. Langdon West, of counsel to the Board.-
DECISION- .
AND
,ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Lumber and
Sawmill Workers Union, Local No.. 125, International Woodworkers
of •Arherica,' affiliated .with the Coh'Iimittee for Indu'strial.Organiza-
tion, herein called Local No. 125,'the National Labor Relations' Board,
herein called the Board, by thd'Regional Director for the Twelfth
Region (Milwaukee, Wisconsin), issued its' complaint 1 dated May
10, 1938,'and amendment to the complaint dated May 11, 1938, against.
The Connor Lumber and Land Co., Laona; Wisconsin, herein called
the respondent, alleging that the respondent had engaged in and was
engaging' in unfair labor practices affecting commerce within the
1 On April 30, 1938, the Board ordered this case . consolidated with Cases Nos R=979
and C-657 , the latter cases involving the same respondent . On June 2, 1938 , the Board
issued an order severing Case No. C-657 from this case and Case No. R-979 On Novem-
ber 19, 1938, the Board issued its order severing this case from Case No R-979. At the
time the complaint was issued , this case had not been severed from Case No C-657 and,
therefore , the complaint contained allegations concerning the respondent 's' operations in
the State of Michigan Since the decision in this case concerns only the respondent's
Wisconsin operations , we shall omit that part of the complaint which pertains solely to
-'the respondent s Michiga
10 N. L. R. B., No. 74.
843
844 NATIONAL LABOR RELATIONS BOARD
meaning of Section 8 (1) and (3.)z and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
A copy of the complaint and amendment to the complaint and notices
of hearing thereon were duly served upon the respondent, Local No.
125x3•' and Local No.. _2874, United'•Brotherhood! of Carpenters and
Joiners of America; affiliated with the'American'Federation'of Labor,
herein called Local No. 2871.
Concerning the unfair labor practices the complaint, as amended,
alleged in substance that. (1) the respondent dominated and inter-
fered with the formation and administration Of two labor organi-
zations among its Wisconsin employees known, as Laona Mill- and
Woods Workers' Union and Woods and Manufacturers' Association,
respectively, and also the' respondent dominated and interfered with
the formation and - administration of" Local No.'_ 2871, 'the successor
to Woods and Manufacturers' Association;' (2)' the respondent ter-
minated the employment 'of '52 n'amed' employees because of their
membership in and activity in behalf of Local No. _125 and because
of their failure to join Local No. 2871, the respondent illegally having
made membership in L• ocal"No. 2871 a condition of employment in
its Laona mill; (3) the respondent, in effect, terminated the employ-
ment of 13 additional employees who were members of Local No.
2871 because they would not go through a picket line placed around
the respondent's Laona mill by'Local,No. 125; and (4) the respondent,
by the aforesaid acts, by urging, warning, and persuading its Wis-
consin employees not to join- Local-No' 125 dr Local No. 72, Inter-
national Woodworkers of America, affiliated with. the Committee
for Industrial Organization, by- urging.and threatening its'employees
to vote against Local No. 125 and to, vote in. favor ,of. Local No. 2871
in an.employee representation election amongrthe respondent's,Laona
plant,employees conducted by, , the 1Board, ,and ,by, breaking a strike,
resulting from the, commission, of various,unfair labor, practices by
. the respondent, and by, ,other, acts, interfered' ,with;,, restrained;' rand
coerced its Wisconsin employees in )the, exercise, of the rights guar-
anteed in Section 7, Of the Act. .
-On, May 17,.,1938, ,the respondent filed, with ,the. Regional Director
a motion for adjournment of the hearing and also a motion-for a
bill of particulars relating to various allegations' of'the complaint.
On the same'date the. Regional Director issued and served upon. the
parties a notice of postponement of the hearing." • On-May 19, 1938;
the respondent filed its answer. to the complaint' in which 'it admitted
Due to a typographical error the complaint referred to Section "8 (5)" instead of
"8 (3)." On June 14, 1938, during the hearing , the complaint - was amended without
objection to correct the error.
S Michigan Lumber and Sawmill Workers Union, Local No 15, ' International ^Wood-
Nvorkers •-of=America , affiliated with the Committee for Industrial Organization , was also
served with a complaint and notice of hearing thereon.
DECISIONS, AND • ORDERS, 845
the allegations: concerning the nature, and. scope of its: business but
denied the allegations of .unfair labor practices. - On June 8, 1938,
Local No. 2871 filed its motion to intervene in the, proceedings.
Pursuant ,to notice, a hearing was held at Laona and at Milwaukee,
Wisconsin, from June' 9 to July 29, 1938, before Samuel H. Jaffee,
the Trial Examiner duly designated by the Board. , All parties.
participated in the proceeding and were represented by counsel. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to produce evidence bearing upon the issues was afforded all parties.
At the beginning of the hearing the Trial Examiner granted the
motion to intervene filed by Local No. 2871. Thereupon Local No.
2871 moved.to strike certaiin sections of the complaint; this motion
was denied by the Trial Examiner. Thereafter the Trial Examiner
denied the respondent's motion for a bill of particulars. ' On June 20,
1938, Local No. 125 duly filed a second amended charge, a copy of
which was served upon the respondent and Local No. 2871. , During
the hearing on June 20, 1938, the complaint was amended, over the
respondent's objection, so as to allege that the respondent discrimi-
natorily terminated the employment of 20 additional employees.
At the close of the hearing Local No. 2871' moved to dismiss the
complaint in so far as the complaint affected it. 'This motion was
denied by the Trial Examiner. Also, at the close of the hearing
the Trial Examiner granted the motion made, without objection, by
counsel for the Board to conform the pleadings to the proof with
reference to such matters as names, dates, and places. The Board
hereby affirms the'afore-mentioned rulings of the Trial Examiner.
At the conclusion of the hearing all of the parties, were afforded
a reasonable opportunity to argue orally before the Trial Examiner
and were advised by the Trial Examiner that they would be given
an opportunity for oral argument before the Board upon request
to the Board made within ten (10) days from the receipt of the
Intermediate Report. The parties were further advised by the
Trial -Examiner that they might file briefs within ten (10) days
from the date 'of the close of the hearing. None-of the parties argued
or filed briefs.
On October 22, 1938, the Intermediate Report of the Trial Exam-
iner was filed -and served upon the parties. In his Intermediate
Report the Trial Examiner recommended, inter alias that the com-
plaint, in- so far as it pertained to the cases of Adolph 'Breaker,
Bud Greenman, Alton Johnson,' Don Lambert,' and Alvin Soienson,
be dismissed. Since these five employees were- excluded- from the
stipulation set forth below, we shall dismiss the complaint so fa'r as
'it,-concerns them. On-November 2, 1938, Local No. 2871 filed except
tions to the Trial Examiner's Intermediate' Report, and on November
846 NATIONAL LABOR RELATIONS BOARD
10, 1938, it filed with the Board its request to withdraw its excep-'
tions. The Board hereby grants this request.
On November 7, 1938, the respondent, Local No. 125,'Local No.
2871, and counsel for the Board entered into a stipulation in settle-
ment of the case. This stipulation provides in part as follows : 4
IT IS HEREBY STIPULATED AND AGREED by and between the under-
signed that :
(1) The respondent is a corporation organized and existing
under and by virtue of the laws of. the State of Wisconsin, having
its principal office and place of business in the Town of Laona,
County of Forest, State of Wisconsin;
(2) The respondent is, and has been engaged, since 1900, at
its Mill in Laona, Wisconsin, in the manufacture of lumber and
wood products, including furniture, juvenile as well as domestic,
and wood flour;
(3) The respondent is, and has been engaged, since 1900 at
various lumber camps in the vicinity of Laona, Wisconsin, and
in other places in the County of Forest, State of Wisconsin, as
well as in other parts of the State of Wisconsin, in logging and
lumbering operations;
(4) The respondent employs, and has for several years past
employed, approximately 350 employees at its Laona, Wisconsin,
Mill. The respondent employs, and has for several years past,
employed approximately 200 employees at various lumber camps
in the vicinity of Laona, Wisconsin, in other places in the County
of Forest, State of Wisconsin, as well as in other parts of the
State of Wisconsin, in logging and lumbering operations;
(5) The respondent owns, maintains, and operates the Laona
and Northern Railroad Company, a corporation engaged in the
business of transporting, by steam railroad, the products pur-
chased and used by the respondent at its Laona, Wisconsin, Mill,
as well as the products manufactured by the respondent in the
operation of its Laona, Wisconsin, Mill; the tracks of the Laona
and Northern Railroad Company connect with the tracks of the
Soo Line, an interstate carrier, at Laona Junction, Wisconsin;
(6) In the course and conduct of its operations at its Laona,
Wisconsin, Mill, the respondent causes, and has continuously
caused, large quantities of timber, wood, and lumber, and also
large quantities of plant materials consisting of iron, steel, nuts.
4 The stipulation contained a lengthy statement of the case and the recommendations of
the Trial Examiner . Those parts are omitted here. On November 29, 1938, the parties
entered into an amendment to the stipulation providing for certain minor corrections in
the stipulation On December 16, 1938, the Board approved the amendment to the
stipulation . The stipulation is quoted here with the corrections made.
DECISIONS AND ORDERS 847
bolts, copper, tin, wires, chemicals, paints, and other materials
used by it in the manufacture of its products to be purchased
and transported in interstate commerce from and through states
of the United States other than the State of Wisconsin, to its
Mill at Laona, Wisconsin;
(7) In the course and conduct of its logging and lumbering
operations in the vicinity. of Laona, and in other places in the
County of Forest, State of Wisconsin, and in other places in the
State of Wisconsin, the respondent causes, and has continuously
caused, large quantities of plant and camp materials, including
beds, blankets, saws, axes, automobiles, trucks, trailers, pumps,
electric appliances, and other automatic equipment as well as
food, clothing and other necessaries of life used by it in the con-
duct of its logging and lumbering operations, to be purchased
and transported' in interstate commerce from and through states
of the United States other than the State of Wisconsin, to all and
to each of the various points in the State of Wisconsin at which
it conducts logging and lumbering operations;
(8) During the year 1937, approximately 20%, by volume and
value, of all of the materials purchased and used by the respond-
ent in its logging, lumbering, and in its lumber, furniture-wood
products and wood by-products manufacturing operations in the
State of Wisconsin had its origin in the States of the United
States other than the State of Wisconsin;
(9) In the' course and conduct of its operations in Laona,
Wisconsin, and vicinity, in other places in the County of Forest,
as well as in other places in the State of Wisconsin, the respond-
ent causes, and has continuously caused, large quantities of its
manufactured lumber, furniture, wood products, and wood by-
products, to be sold, transported, and distributed in interstate
commerce from its Laona, Wisconsin, Mill into and through the
states of the United States other than the State of Wisconsin and
into foreign countries;
(10) During the year 1937, approximately 70%, by volume and
value, of the lumber, furniture, wood products and wood by-
products manufactured by the respondent, in the course and con-
duct of its Wisconsin operations, was shipped by the respondent
from various places in the State of Wisconsin, to points in the
states of the United States other than the, State of Wisconsin and
to foreign countries.
IT IS HEREBY FURTHER STIPULATED AND AGREED by and between
the undersigned that the Board may, without further notice to
any of the undersigned, enter an Order forthwith, severing Case
No. XII-C-252 from Case No. XII-R-150.
848 NATIONAL, LABOR RELATIONS BOARD
TT. IS HEREBY , FURTHER STIPULATED AND AGREED by and between=
the undersigned that,the Board-enter the following Order in Case
No. XII-C-252 against The Connor Lumber and Land Co., the
respondent herein : --
ORDER'
The respondent , The Connor Lumber and Land Co., its officers,
agents, successors and assigns shall:
(1) Cease and desist from interfering with, restraining, or
coercing its employees in the exercise of their rights to self-
organization , to form, join , or assist the International Wood-
workers of America , Local No. 125 ( C. I. 0.), the Lumber and
Sawmill Workers Union, -Local No. 2871 of the United Brother-
hood of Carpenters and Joiners of America (A. F. L.), or any
other labor organization , to bargain collectively through repre-
sentatives of their own choosing , and to engage in concerted
activities for the purpose of collective bargaining or other
mutual aid or protection;
(2) Cease and desist from discouraging membership in Inter-
national Woodworkers of America , Local No.^ 125 ( C. I. 0.), or
any other labor organization , and cease and desist from encour-
aging membership in the Lumber and Sawmill Workers Union,
Local No. 2871 of the United Brotherhood of Carpenters and
Joiners of America, or any other labor organization , by dis-
crimination in regard to hire or tenure of employment or any
term or condition of employment;
(3) Cease and desist from dominating or interfering with the
formation or administration of the Laona Mill and Woods
Workers' Union , Woods and Manufacturers ' Association, or any
other labor organization , and cease and,desist from contributing
financial or other support to the said Laona , Mill and Woods
Workers' Union , Woods and Manufacturers' Association or any
other labor organization;
(4) Cease and desist from giving effect to its contract with
Lumber and Sawmill Workers Union, Local No. 2871 of the
United Brotherhood of Carpenters and Joiners of America
(A. F. L.), or any contracts with the Laoria Mill and Woods
Workers' Union or Woods and Manufacturers ' Association, or
any extensions or_' renewals thereof, and cease and desist from
urging , persuading , warning, or coercing its employees to join,
remain members of, .,or assist , Lumber and . Sawmill Workers
Union, Local No. 2871 of the United Brotherhood of Carpenters
and Joiners ' of America (A. F. L.), or any other . labor organiza-
tion of its employees ;. t t
DECISIONS tVND ORDERS ' 849
(5) Cease and ,de"sist - fromdischarging its employees'6 threat-
eining -them ' with discharge or otherwise discriminating against
them if they fail to join, "remain members , or to' assist Luinber
and Sawtnill Workers Union, Local No. " 2871 of the United
Brotherhood of Carpenters and Joiners - of America' - (k. F. L.),
'or any other labor. organization of its employees.'
'(6) Cease and desist from recognizing the Laona Mill- and
Woods Workers' Union , the Woods and Manufactuie ts' Associa-
tion, and Lumber and Sawmill Workers' Union , Local No. 2871,
of the United Brotherhood ' of Carpenters and Joiners of America
'(A. F.'L.), or any of said organizations as the ' exclusive repre-
sentative of its employees for the purpose of collective bargaining
in regard to grievances , labor disputes , wages, hours of employ-
ment, rates of pay, or other conditions of employment;
(7) In order to effectuate the policies of 'the Act , take the
following affirmative action :
(a) Withdraw all recognition from Laona - Mill and Woods
Workers' Union , and Woods and Manufacturers ' Association, as
representatives of its employees for the purpose of dealing with it
concerning 'grievances , labor disputes , wages, rates of pay, hours
of employment , and other conditions of employment, and corn-
pletely disestablish the said organizations as such representa-
tives ;
(b) Offer to the men listed in Schedule 1,5 attached hereto and
made a part hereof, immediate and full reinstatement and em-
ployment to their former positions * at not less than the rate of
pay each had last received on the operations involved at the time
of their respective discharges , without prejudice to their seniority
and other rights and privileges previously enjoyed so far as said -
positions are available ,** said offer to be made by sending letters
containing such offer by registered mail to each of said men and
* Since it clearly appears in the transcript of record made at the hearing
in Cases Nos. XII-0-252 and XII-R-150 that the men listed in Schedule I,
attached hereto and made a part hereof, were constantly shifted around in
the plant and that practically all of them are experienced on several
operations, the return of such men to "former positions" which are
"available" shall be governed by the following : The availability of the
men is not to be limited by the last operations on which they happened to be
engaged. That fact shall be taken into consideration on the point where a
"new man" is now filling a job for which any of the men listed in Schedule I
are available. Assuming that on this basis there are fewer jobs than there
are available men, the men will receive preference according to their
seniority except that a man, who, when last on the job was engaged in the
operation to be filled, shall be preferred to one who was not thus engaged.
** See *.
See Schedule I of the Decision and Order below.
850 NATIONAL LABOR RELATIONS BOARD
to International Wood Workers of America, Local No. 125, first
dismissing, if necessary to- achieve this result, all those hired on
and after March 28,;1938, who were, not on its last payroll im-
mediately prior to that time; and place all those for whom posi-
tions are not thus immediately available on a preferred list to be
offered employment as it arises, said offer to be made in the form
set forth above, on the basis of plant seniority before any other
persons are hired;
(c) Make whole all employees listed in Schedule I, attached
hereto and made a part hereof, for any losses they will have suf-
fered by reason of its failure or refusal to reinstate and employ
them, in accordance with the above, by payment to each of
them, respectively, of a sum equal to that which each normally
would, have earned as wages during the period from the date of
the failure or refusal to reinstate and employ or place on a
preferential list, as set forth above, to the date of reinstatement
and employment, less such net amounts, if any, which each re-
spectively shall have earned during such period;
(d) Post immediately in conspicuous places in its Laona, Wis-
consin, plant and in each of the departments of the said plant
and in its Laona, Wisconsin, offices and maintain for a period of
at least thirty (30) consecutive days the following notice 6 to its
employees :
Each of the undersigned hereby expressly waives the right to any
further notice or additional hearing in the matter and the making
of findings of fact and conclusions of law by the Board before the
entry by it of the above order.
IT IS HEREBY FURTHER STIPULATED AND AGREED by and between
the undersigned that the Board may, upon the entry of the afore-
said order, petition an appropriate United States Circuit Court
of Appeals for an enforcement order against the respondent; em-
bodying the terms of the Board order agreed to by and between
the undersigned and set forth hereinabove. Each of the under-
signed hereby expressly consents to the entry of such order by an
appropriate United States Circuit Court of Appeals and hereby
expressly waives any further notice of application for' entry of
such order by the Board.
IT IS HEREBY FURTHER STIPULATED AND AGREED by and between
each of the undersigned that this stipulation is made subject to
the approval thereof by the Board.
6 Since the notice to be posted is set out at the end of the Decision and Order, it is
omitted here.
DECISIONS AND ORDERS 851
On November 19, 1938 , the Board issued its order severing this case
from Case No. R-979 and on the same date the Board issued its order
approving . the above, stipulation , making it a part of , the record, and
transferring the proceeding to the Board for the purpose of an entry
of a decision and order by the Board.
Upon,the entire record in the case , the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a Wisconsin corporation, is engaged in the manu-
facture of lumber and wood products, including furniture and wood
flour, with its principal office and place of business at Laona, Wis-
consin. It is also engaged in the operation of a lumber mill at
Connorsville, Michigan. This case is concerned with the respondent's
operations in the State of Wisconsin.
In the course of its operations at its Laona mill the respondent has
purchased and received large quantities of timber, wood, lumber and
plant materials, consisting of iron, steel, nuts, bolts, copper, tin, wire,
chemicals, paints, from points outside the State of Wisconsin. In
connection with its logging and lumbering operations at various
points in the State of Wisconsin the respondent has purchased and
received large quantities of plant and camp materials, including beds,
blankets, saws, axes, automobiles, trucks, trailers, pumps, electric ap-
pliances, food, clothing, and other necessaries of life, from points
outside the State of Wisconsin. During the year 1937 about 20 per
cent of all the materials purchased and used by the respondent in its
Wisconsin operations had their origin in States of the United States
other than the State of Wisconsin.
In the course of its operations in the State of Wisconsin the re-
spondent has sold and shipped large quantities of its manufactured
lumber, furniture, wood products, and wood byproducts from its
Laona Mill to States other than the State of Wisconsin and to for-
eign countries. During the year 1937 about 70 per cent of the afore-
said products manufactured by the respondent in the course of its
Wisconsin operations were shipped from the various points of its
operations in the State of Wisconsin to States of the United States
other than the State of Wisconsin and to foreign countries.
We find the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States and
with foreign countries.
ORDER
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 Na-
tional Labor Relations Act, the National Labor Relations Board
852 NATIONAL LABOR RELATIONS -BOARD
hereby orders 'that' The Connor Lumber aiid`L• and"Co., Laona, Wis-
consin; its officers;,agents, successors, and assigns; shall:
1: -Cease and desist from :
•(a) Interfering with, re'strai'ning, or'coercing its 'employees in 'the
exercise of their rights to self-organization, to, form; join, or assist
International Woodworkers of America, Local No., 125 (C. •I..O.),
Lumber and Sawmill Workers Union, Local No. 2871 of the United
Brotherhood of Carpenters and Joiners of America (A. F. of L.), or
any other labor organization, to bargain collectively through repre-
sentatives of their own choosing, and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
Protection,.,. •
(b) Discouraging membership ins International Woodworkers of
America, Local No. 125 (C: I. 0.), or' any other labor organization,
and encouraging membership in the Lumber and Sawmill Workers
Union, Local No. 2871 of the United Brotherhood of Carpenters
and Joiners of America, or any other labor organization, by discrimi-
nation in regard to hire or tenure of employment or any term or con-
dition of employment; •
(c) Dominating or interfering with the formation or administra-
tion of the Laona Mill and Woods Workers' Union, Woods and Man=
ufacturers' Association, or any other labor organization, and con-
tributing financial or other support to the said Laona Mill and
Woods Workers' Union, Woods and Manufacturers' Association or
any other labor organization;
(d)' Giving effect to 'its" contract with Lumber and Sawmill
Workers Union, Local No. 2871 of the United Brotherhood of Car;
penters and Joiners of America (A. F. of L.), or any contracts with
the Laona Mill and Woods Workers' Union or Woods and Manu-
factturers' Association, or any extensions or renewals thereof, and
urging, persuading, warning, or coercing its employees to join, re-
main members of, or assist Lumber and Sawmill Workers Union,
Local No. 2871 of the United Brotherhood of Carpenters and Joiners
of America (A. F. of L.), or any other labor organization of its
employees ;
(e) Discharging its employees or threatening them with dis-
char`re or otherwise discriminating against them if they fail to join,
remain members, or to assist Lumber and Sawmill Workers Union,
Local No. 2871 of the United Brotherhood of Carpenters and Joiners
of America (A. F. of L.), or any other labor organization of its
employees;
(f) Recognizing the Laona Mill and Woods Workers' Union, the
Woods and Manufacturers' Association, and Lumber and Sawmill
Workers Union, Local No. 2871 of the United Brotherhood of Car-
DECISIONS AND ORDERS 853
pellters and Joiners of America (A. F. of L.), or any of said organ-
izations as the exclusive representative of its employees for the pur-
pose of collective bargaining in regard to grievances, labor disputes,
wages, hours of employment, rates of pay, or other conditions of
employment.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Withdraw all recognition from Laona Mill and Woods
Workers' Union, and Woods and Manufacturers' Association, as rep-
resentatives of its employees for the purpose of dealing with it con-
cerning grievances, labor disputes, wages, rates of pay, hours of
employment, and other conditions of employment, and completely
disestablish the said organizations as such representatives;
(b) Offer to the men listed in Schedule I, attached hereto and
made a part hereof, immediate and full reinstatement and employ-
ment to their former positions 7 at not less than the rate of pay each
had last received on the operations involved at the time of their re-
spective discharges, without prejudice to their seniority and other
rights and privileges previously enjoyed so far as said positions are
available,8 said offer to be made by sending letters containing such
offer by registered mail to each of said men and to International
Woodworkers of America, Local No. 125, first dismissing, if neces-
sary to achieve this result, all those hired on and after March 28,
1938, who were not on its last pay roll immediately prior to that time;
and place all those for whom positions are not thus immediately
available on a preferred list to be offered employment as it arises,
said offer to be made in the form set forth above, on the basis of
plant seniority before any other persons are hired;
(c) Make whole all employees listed in Schedule I, attached hereto
and made a part hereof, for any losses they will have suffered by
reason of its failure or refusal to reinstate and employ them, in
accordance with the above, by payment to each of them, respec-
tively, of a sum equal to that which each normally would have
earned as wages during the period from the date of the failure or
refusal to reinstate and employ or place on a preferential list, as
a Since it clearly appears in the transcript of record made at the hearing in Cases Nos.
XII-C-252 (C-986) and XII-R-150 (R-979) that the men listed in Schedule I, attached
hereto and made a part hereof, were constantly shifted around in the plant and that
practically all of them are experienced on several operations, the return of such men to
"former positions" which are "available" shall be governed by the following : The avail-
ability of the men is not to be limited by the last operations on which they happened to
be engaged That fact shall be taken into consideration on the point where a "new man"
is now filling a job for which any of the men listed in Schedule I are available. Assuming
that on this basis there are fewer jobs than there are available men, the men will receive
preference according to their seniority except that a man, who, when last on the job, was
engaged in the operation to be filled, shall be preferred to one who was not thus engaged.
See footnote 7.
147841-39-vol 10--55
854 NATIONAL LABOR RELATIONS BOARD
set forth above, to the date of reinstatement and employment, less
such' net amounts, if any, which each respectively shall have earned
during such period;
(d) Post immediately in conspicuous places in its Laona, Wiscon-
sin, plant and in each of the departments of the said plant and in its
Laona, Wisconsin, offices and maintain for a period of at least thirty
(30) consecutive days the following notice to its employees:
NOTICE
The Connor Lumber & Land Co., by its president, hereby notifies
its employees :
1. That the company, its officers, and agents will cease and desist
from interfering with, restraining, or coercing its employees in the
exercise of their right to self-organization, to form, join, or assist the
International Woodworkers of America, Local No. 125 (C. I. 0.),
the Lumber and Sawmill Workers Union, Local No. 2871 of the
United Brotherhood of Carpenters and Joiners of America (A. F. of
L.), or any other labor organization, 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. The company, its officers, and agents will cease and desist from
discouraging membership in the International Woodworkers of
America, Local No. 125 (C. I. 0.), or any other labor organization ;
and the company, its officers, and agents will cease and desist from
encouraging membership in the Lumber and Sawmill Workers Union,
Local No. 2871 of the United Brotherhood of Carpenters and Joiners
of America, or any other labor organization, by discrimination in
regard to hire or tenure of employment or any term or condition of
employment ;
3. The company, its officers, and agents will cease and desist from
dominating or interfering with the formation or administration of
the Laona Mill and Woods Workers' Union, Woods and Manufac-
turers' Association, or any other labor organization ; and the com-
pany, its officers, and agents will furthermore cease and desist from
contributing financial or other support to Laona Mill and Woods
Workers' Union, Woods and Manufacturers' Association, or any
other labor organization;
4. The company, its officers, and agents will cease and desist from
giving effect to its contract with Lumber and Sawmill Workers
Union, Local No. 2871 of the United Brotherhood of Carpenters and
Joiners of America (A. F. of L.), or any contracts with Laona Mill
and Woods Workers' Union or Woods and Manufacturers' Associa-
tion or any extensions or renewals thereof ; and the company, its
DECISIONS AND ORDERS - 8551,
*officers, and agents will cease and desist from urging, liersuadirig,
warning, or coercing its employees to join, remain members of, or
assist Lumber and Sawmill Workers Union , Local No. '2871 of the
United Brotherhood of Carpenters and Joiners of America (A. F. of-
L.), or any other labor organization of its employees;
5. The company , its officers , and agents -will-cease and desist from
discharging its employees or threatening their with discharge or
otherwise discriminating against them if they fail to join, ' remain
members of , or assist Lumber and Sawmill Workers Union , Local No.
2871 of the United Brotherhood of Carpenters and Joiners of Amer-
ica (A . F. of L .), or any other labor organization of its employees;
6. The company , its officers , and agents will -cease and desist from
recognizing Laona Mill and Woods Workers' Union , the Woods and
Manufactur'ers' Association , and Lumber and Sawmill Workers.,
Union, Local No. 2871 of the United Brotherhood of Carpenters and,
Joiners of America (A. F. of L.), or any of the said organizations.
as the exclusive representative of its employees for the purpose of-
collective bargaining in regard to grievances , labor disputes , wages,.
hours of employment , rates of pay, or other conditions of employ-
ment ;
7. The company , through its officers , and agents has withdrawn all
recognition from the Laona Mill and Woods Workers' Union, and
Woods and Manufacturers ' Association, as representatives of its em-
ployees for the-purpose of dealing with either or both concerning
grievances , labor disputes , wages, hours of employment , rates of pay,
or other conditions of employment , and has completely disestablished
such organizations as such representatives;
8. The contract between the company and Lumber and Sawmill
Workers Union, Local No. 2871 of the United Brotherhood of Car-
penters and Joiners of America (A. F. of L.), dated March 23, 1938,
and any contracts with Laona Mill and Woods Workers' Union and'-
Woods and Manufacturers ' Association , and any renewals or exten-
sions of any contracts with any of such organizations are null and'
void and of no legal effect whatsoever;
9. The company , its officers , and agents will not discharge or in
any manner discriminate against any member of the International"
Woodworkers of America, Local No. 125 ( C. I. 0.), or any other
labor organization of its employees , or any persons assisting such;
organizations by reason of such membership or assistance ;
10. The company, its officers, and agents will not discourage or in-
any manner discriminate against any employee for refusal or failure
to join or remain a member of or assist Lumber and Sawmill Workers.
Union, Local No. 2871 of the United Brotherhood of Carpenters and'
Joiners of America (A. F. of L.), or any other labor organization of
its employees;
856 NATIONAL LABOR RELATIONS BOARD
11. In addition to the afore-mentioned, the company hereby notifies
its employees that they are free to join or assist any labor organ-
ization for the purpose of collective bargaining with the company;
and the company further notifies its employees that in order to secure
or continue his employment with the company it is not necessary that
any person become or remain a member of or assist Lumber and
Sawmill Workers Union, Local No. 2871 of the United Brotherhood
of Carpenters and Joiners of America, or any other labor
organization ;
12. This notice will remain posted in conspicuous places in each
of the departments of the company's plant at Laona, Wisconsin, and
in conspicuous places in its Laona, Wisconsin, offices for a period of
at least thirty (30) consecutive days from the date upon which
normal operations at the aforesaid plant are resumed.
THE CONNOR LUMBER AND LAND CO.
By (S) W. 0. CONNOR,
President.
AND IT Is FURTHER ORDERED that the complaint, in so far as it per-
tains to the cases of Adolph Breaker, Bud Greenman, Alton Johnson,
Don Lambert, and Alvin Sorenson, be, and it hereby is, dismissed.
SCHEDULE I
Edwin (G.) Adams
Ray Ankley
Donald Aschenbrenner
Ted Barnes
Virgil Barnett
Herbert Barstow
Eldrid Biever
Joe Blasik
Jake Boll (Ball)
Wallace Breaker
Fred Buhrow
Laddie Cherf
Steve Cherf
Milo Cooper
Carter Drake
Wade Drake
Clarence Fosdick
Stanley Fosdick
Angus Grant
Aubrey (Aubery) Harris
Elmo Harris
Charles (Chas.) F. Hayek (Hyek)
Andrew Hoffman
Charles Horton
David Hunt
Virgil Jamison (Jameson)
Lawrence Johnson
Elroy Kaatz
Max Kaatz
Melvin Kaatz
Benjamin (Ben) Kerr
John (Jack) Koback
Tom Korolick
Richard Krauter
William (Wm.) Krauter
Clay Lacy
John Lacy
Ed (Edward J.) Lambert
Ray Lambert
Alvin Lehman
Fred Lehman
Fred Lemerand
DECISIONS AND ORDERS 857
Ray Lykins
Joe Majnarich (Majnerick)
Chester Masel
Joe Masel
John Masel
John Mihalko (Milalko)
Andrew Miskowicz
Elmer Moesch
Owen Moore
Don Newman
Steve Novak
Darlie Patton
Adolph Praninskas
John Praninskas
Orville Puetz
Ernest Rieper
Colvin Scaggs
Linden Schall
Frank Sharnek
John Sidorick
Jim (James) Skromny
Tom Snyder
Howard Stamper
Clyde (D.) Starks
Oral Starks
Herman Sturm
Clyde Tucker
Lloyd Thorson
Grant Van Vorhees (Voorhees)
Allen Voelz
Alden Whiting
Joe Widucki
Clay Wilson
William (Wm.) Wilson
Ray Wolford
Charles (Chas.) Yeater
Dean Yeater
Ed Yeater