V. M. Dotson

National Labor Relations Board - Board Decisions

Oct 5, 1940

27 N.L.R.B. 653 (N.L.R.B. 1940)

In the Matter of V. M. DOTSON and INTERNATIONAL WVOODWORKERS OF
AMERICA, LOCAL 6-83
Case No. C-1682.-Decided October 5, 19/.0
Jurisdiction : lumber industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. John,Paul Jennings, for the Board.
Mr. Hardin Barry, of Susanville, Calif., for the respondent.
Mr. Howard Dyer, for the Union.
Miss Marcia Hertzrmark, 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 6-83, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Twentieth Region (San Francisco, Cali-
fornia), issued its complaint, dated September 11, 1940, against V. M.
Dotson, Susanville, California, 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
(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
notices of hearing were duly served upon the respondent and the
Union. ' ,
Concerning the unfair labor practices, the complaint alleged, in sub-
stance, (1) that the respondent, in February 1940, discharged Howard
Dyer and on or about March 19, 1940, and thereafter refused to rein-
state or employ him because of his membership in and activity on
behalf of the Union; and (2) that the respondent, during October,
November, and December 1939, urged, persuaded, and warned his
employees to refrain from becoming or remaining members of the
Union and threatened to stop organization of his employees by the
27 N L R. B., No 123.
653
654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union. On September 19, 1940, the respondent filed an answer deny-
ing the commission -of the unfair labor practices alleged in the
complaint.
On September 18, 1940, the respondent, the Union, and counsel for
the Board entered'into a stipulation in settlement of the case. The
stipulation provides as follows
STIPULATION
It is hereby stipulated and agreed by and between.V. M. Dotson,
hereinafter referred to as -Respondent, International Woodwork-
ers of America, Local No. 6-83 hereinafter referred 'to as the
Union, and John Paul Jennings, attorney for the National Labor
Relations Board, as follows :
Respondent is an` individual and has been since -September 1939
engaged in the business of falling, bucking, loading, and hauling
timber. Respondent cuts, falls and bucks logs on United States
Government land approximately 18 miles from Susanville, Cali-
fornia, where Respondent maintains his principal office and hauls
logs to the millpond of the Lassen Lumber and Box Company, a
California corporation, at S_usanville, under and pursuant to the
terms of a contract, a copy of which is hereto annexed marked
Exhibit A.1 The logs are taken from the millpond of said com-
pany to its lumber mill adjoining the millpond where they are
used in the manufacture of lumber and lumber products. Under
said contract Respondent falls, bucks and delivers to the com-
pany approximately one-third of all logs used by it at the present
time and since making of said contract.
Respondent, between October. 1 to November 15, 1939, .cut and
delivered to the company approximately 5,600,000 feet of lumber
for which the received from the company $38,700. under` said con-
tract. Respondent, during the year 1940 to date, has cut and
delivered to the company at Susanville approximately four and
one-half million feet of lumber for which he has received under
said contract the sum of approximately $31,500.00.
During the year 1939, the company received a total of 19 mil-
lion feet of lumber including that cut and delivered to it by
respondent, amounting to 5,600,000 feet. The total sales value of
lumber sold and shipped by the company during the year 1939
was approximately $220,000. of which over $143,000 worth or
over 65 per cent of the total lumber and lumber products.manu-
3 we do not deem it necessary to include this exhibit herein.
V. M. DOTSON 655
factured by the company, was shipped by the company outside
the State of California. During the-year 1940, the footage of
lumber received by the company, the total sales value of lumber
shipped by the company and the amount and percentage shipped
outside the State of California has been substantially the same
as that for the year 1939 as stated hereinabove.
Respondent employs in the loading and hauling of timber the
following machinery : seven trucks, one caterpillar tractor, and
one A frame loading rig. All of said machinery purchased by
Respondent at a total cost of approximately' $10,000.00 was man-
ufactured outside the State of California and purchased by Re-
spondent second-hand within the State of California.
For the purpose of above-entitled proceeding and not otherwise,
Respondent admits that his operations affect interstate commerce
within the meaning pf Section 2 (6) and (7) of the National
Labor Relations Act.
II
International Woodworkers of America, Local No. 6-83, affili-
ated with the Congress of Industrial Organizations, is a labor
organization within the meaning of Section 2 (5) of the National
Labor Relations Act.
III
All the parties hereto waive their right to a hearing, to the
making of findings of fact and conclusions of law by the National
Labor Relations Board herein, and to any other or further pro-
cedure before said Board, and agree that the charges, complaint
and notice of hearing, affidavit of service of said complaint and
notice of hearing, the answer of respondent, the National Labor
Relations Board Rules and Regulations-Series 2, as amended,
and this 'stipulation, shall constitute the entire' record in this case
and shall dispense with the necessity for the, hearing- provided
for in the said complaint and notice of hearing.
IV
,Upon the record herein and upon this stipulation, if and when
approved by the National Labor Relations Board, an order may be
forthwith entered by said Board as follows :
(1) Respondent, V. M. Dotson, his officers, agents, successors
and assigns, shall cease and desist from :
(a) In any manner interfering with, restraining or coercing
his' employees in the exercise of their right to form, join or assist
labor organizations, to bargain collectively through representa-
tives of their own choosing and to engage in concerted activities
656 DECISIONS OF: NATIONAL LABOR RELATIONS BOARD
for the purpose of collective bargaining, or other mutual aid or
protection ;
(b) Discouraging membership in=International Woodworkers
of America, Local No. 6-83, or any other labor organization of its
employees, by discriminating against said employees in respect
to their hire or, tenure of employment, or any term of condition
thereof.
(2) Respondent, V. M. Dotson, his officers, agents, successors
and assigns shall take the following affirmative action-to effectuate
the policies of the National Labor Relations Act :
(a) Offer to Howard Dyer a position limbing, bucking or burn-
ing slash att ie,goiug rate per thousand without prejudice to his
seniority rights.
(b) Make whole Howard Dyer for any loss of pay that he may
have suffered,by reason of Respondent's discrimination against
him by payment to him of the sum of $533.00.
(c) Post immediately in conspicuous places in his office in
Susanville and at his woods operation and maintain for a period
of at least sixty (60) days from the date of posting notices to his
employees stating: (1) that the Respondent will not engage in the
conduct from which he is ordered to cease and desist in'-para-
graphs 1 (a) and (b) of.this order.; (2)^ that the-Respondent will
take, or has taken the affirmative action set forth in paragraph
2 (a) and (b) of this order; (3) that the Respondent's employees
are free to become or remain members of International Wood-
workers of America, Local No. 6-83, Congress of Industrial
Organizations, and the Respondent will riot discriminate against
any employee because of membership or activity in that
organization.
(d) Notify the Regional Director for the Twentieth Region in
writing, within twenty (20) days from the date of this order, of
the steps taken by, Respondent to comply herewith.
V
After the entry of the order by the-National Labor Relations
Board as provided for in Paragraph IV hereof, there may be
entered in the United States Circuit Court of Appeals for the
Ninth Circuit a decree by said Court enforcing said order in full,
and each of the parties hereto hereby consents to the entry of said
decree and hereby waives prior notice thereof.
VI
It is expressly understood and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
V. M. DOTSON
VII
657
This stipulation' contains the entire agreement between the par-
ties hereto and there is no understanding, oral or written, adding
to or in anywise altering the provisions of this stipulation.
On September 26, 1940, the Board issued its order approving the
above stipulation, making it a part of the record in the case, and trans-
ferring the proceeding, to the Board for the purpose of entry of a deci-
sion and order by the Board pursuant to the provisions of 'the stipu-
lation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT ,
V. M.-Dotson has been engaged since September 1939 in the business
of falling, bucking, loading, and hauling timber. He cuts, falls, and
bucks logs on United States Government land approximately 18 miles
from Susanville, California, where he maintains his principal office.
The respondent delivers to the Lassen Lumber and Box Company,
Susanville, California, herein called the company, under a contract
dated October 2,'1939, about one-third of the logs which the company
uses. Between that date and November 15, 1939, he cut and delivered
to the company approximately 5,600,000 feet of lumber for which he
-%w>as,paid $38,700.- During the year 1940 to the date of the stipulation,
the respondent cut and delivered to the company approximately 4,500,-
000 feet of lumber for which he has received approximately $31,500.
The total sales value of lumber sold and shipped by the company
during the year 1939 was approximately $220,000, of which over $143,-
000 worth, or about 65 percent of the total lumber and lumber products
manufactured by the company, was shipped by it outside the State
of California.
The respondent uses in the loading and hauling of timber seven
trucks, one caterpillar tractor, and one A frame loading rig. All of
said machinery, purchased by the respondent at a total cost of about'
$10,000, was manufactured outside the State of California and pur-
chased by the respondent second-hand within the State of California.
For the purpose of this proceeding the respondent admits that his
operations affect interstate 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.
32 ;428-42-vol 2 7-- -4.i
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 National
Labor Relations Act, the National Labor Relations Board hereby,
orders that V. M. Dotson , Susanville , California , his agents , successors,
and assigns , shall: - -
1. Cease and desist from : -
(a) In any manner interfering with, restraining , or coercing his,
employees in the exercise of their right 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;
(b) Discouraging membership in International Woodworkers of
America, Local 6-83, or any other labor organization of its employees,
by- discriminating against said employees in respect to their hire or
tenure of employment , or any term or condition thereof.
2. Take the following affirmative -action to effectuate the. policies of
the National Labor Relations Act :
(a) Offer to Howard Dyer a position limbing, bucking , or burning
slash at the going rate per thousand without prejudice to his seniority
rights ;
(b) Make whole Howard Dyer for any loss of pay that he may have
suffered by reason of the respondent 's discrimination against him by
payment to him of the sum of $533.00;
(c), Post immediately in conspicuous places in his office in Susanville
and at his woods operation , and maintain for a period of at least sixty
(60) days from the date of posting, notices to his employees stating:
(1) that the respondent will not engage in the conduct from which he
is ordered to cease and desist in paragraphs 1 (a) and (b) of this'
Order; ( 2) that the respondent will take or has taken the affirmative
action set forth in paragraphs 2 (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 6-83 , Congress of In-
dustrial Organizations , and the respondent will not discriminate
against any employee because of membership or activity in that'
organization;
' (d) Notify the Regional Director for the Twentieth Region in writ,
ing within twenty ( 20) days from the date of this Order, of the steps
taken by the respondent to comply herewith.