Firchau Logging Co., Inc., 1215 (1960)

FIRCHAU LOGGING COMPANY, INC. 1215 or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class... .

This dispute is clearly not the traditional jurisdictional dispute between two unions, each of which wishes to have certain duties assigned to its members rather than to the members of its rival union.

Nor is this a dispute between the Employer and Local 292 over the Employer's assignment of work to one group of employees rather than to another group composed of members of Local 292. Instead, as the facts set forth hereinabove establish, the dispute concerns only the Employer's discharge of the technicians whom Local 292 represents, and the Employer's refusal to accede to the demand of Local 292 that it sign a new contract. The sole objectives of Local 292 are, therefore, to obtain reemployment of the technicians whom the Employer discharged and to persuade the Employer to sign the contract proposed by Local 292, objectives which the Congress, in enacting Section 8(b) (4) (D), did not intend to proscribe.

Upon the basis of the foregoing, we conclude that the dispute in this case is not over the assignment of work within the meaning of Section 8(b) (4) (D). It is, therefore, not a dispute within the meaning of Section 10 (k). Accordingly, we shall quash the notice of hearing.' [The Board quashed the notice of hearing.] MEMBERS RODGERS and JENIiINS took no part in the consideration of the above Decision and Order.

' Member Fanning agrees with his colleagues in the majority that the notice of hearing issued in this case should be quashed. In his opinion , it is clear that the Union 's strike was in protest of the Employer ' s unilateral action abolishing the jobs of the technicians and was not for the unlawful purpose of compelling a particular assignment of the work in question.

Firchau Logging Company, Inc. and Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL--CIO. Case No. 20-CA-1654. March 23, 1960 DECISION AND ORDER

On November 12, 1959, Trial Examiner Martin S. Bennet issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto . Thereafter, the Respond126 NLRB No. 149.

ent filed exceptions to the Intermediate Report, a, supporting brief, and a request for oral argument.' Pursuant to the provision of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this proceeding to a three-member panel [Chairman Leedom and Members Bean and Fanning].

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed.

The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.' ORDER

Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Firchau Logging Company, Inc., Red Bluff and Lyman Springs, California, its officers, agents, successors, and assigns shall:

1. Cease and desist from :

   (

   1. Refusing to bargain collectively with Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, as the exclusive representative of all its employees in the following appropriate unit with respect to rates of pay, wages, hours of employment, and other conditions of employment: All production and maintenance employees at the Respondent's woods operation at Lyman Springs, California, excluding log scalers, office clerical employees, professional employees, guards, and supervisors as defined in the Act.

   (b) In any like or related manner interfering with the efforts of Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL CIO, to bargain collectively with it on behalf of the employees in the aforesaid appropriate unit.

2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act :

   (

   1. Upon request, bargain collectively with Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, as the exclusive representative of all employees in the aforesaid appropriate unit with respect to rates of pay, wages, hours of employment, and other conditions of employment, 1 Because in our opinion the record, exceptions , and brief adequately set forth the issues and positions of the parties, this request is hereby denied 2 in adopting the Trial Examiner's conclusions , we rely on Uvite Gas Incorporated, 126

   NLRB 494, and Royal Brand Cutlery Company, A Division of Brockelman Brothers, Inc., 122 NLRB 901.

   FIRCHAU LOGGING COMPANY, INC. 1217 and, if an understanding is reached, embody such understanding in a signed agreement.

   (b) Post at its offices at Lyman Springs and Red Bluff, California, copies of the notice attached hereto marked 'Appendix.' 3 Copies of said notice, to be furnished by the Regional Director for the Twentieth Region, shall, after being duly signed by the Respondent's representative, be posted by the Respondent immediately upon receipt thereof, and maintained by it for a period of 60 consecutive days thereafter in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material.

   (c) Notify the Regional Director for the Twentieth Region, in writing, within 10 days from the date of this Order, as to what steps the Respondent has taken to comply herewith.

   a In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words 'Pursuant to a Decision and Order' the words 'Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order.' APPENDIX

   NOTICE

   Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that :

   WE WILL NOT refuse to bargain collectively with Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, as the exclusive representative of all our employees in the appropriate unit with respect to rates of pay, wages, hours of employment, and other conditions of employment.

   WE WILL NOT in any like or related manner interfere with the efforts of Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, to bargain collectively with us on behalf of the employees in the appropriate unit.

   WE WILL, upon request, bargain collectively with Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, as the exclusive representative of all employees in the following bargaining unit with respect to, rates of pay, wages, hours of employment, and other conditions of employment, and, if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is :

   554461-60-vol. 126-78

   All production and maintenance employees at our woods operation at Lyman Springs, California, excluding log scalers, office clerical employees, professional employees, guards, and supervisors as defined in the Act.

   FIRCHAU LOGGING COMPANY, INC.,

   Employer.

   Dated---------------- By------------------------------------(Representative ) ( Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material.

   INTERMEDIATE REPORT AND RECOMMENDED ORDER

   STATEMENT OF THE CASE

   This proceeding was heard at Red Bluff, California , on August 25 and 26, 1959, pursuant to a complaint of the General Counsel against Respondent, Firchau Logging -Company, Inc. The issue litigated was whether Respondent on and after May 8, 1959, refused to recognize Lumber and Sawmill Workers, Local 2608 , United Brotherhood of Carpenters & Joiners of America, AFL-CIO, herein called the Union, as the duly designated representative of certain of its logging employees, thereby engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1 ) of the Act. Oral argument at the close of the hearing was waived and ably written briefs have been submitted by the General Counsel and Respondent.' Upon the entire record in the case, and from my observation of the witnesses, I make the following:

   FINDINGS OF FACT

   1. THE BUSINESS OF RESPONDENT Firchau Logging Company, Inc., is a Nevada corporation engaged in logging .operations which maintains an office at Red Bluff, California. It is under contract .dated February 17, 1959, with Diamond Gardner Corporation to supply logs which have been logged and cut by Respondent in the Lyman Springs , California, area on land either owned by Diamond Gardner or leased as to timber cutting rights, to the Red Bluff, California, plant of Diamond Gardner. Through August 15, 1959, pursuant to this contract, Respondent has delivered logs valued at $614,879 to Diamond Gardner. The latter, in turn, annually ships lumber products valued in .excess of $50,000 from its California plants to points outside the State of California.

      I find, in view of the foregoing, that the operations of Respondent affect commerce.

   2. THE LABOR ORGANIZATION INVOLVED Lumber and Sawmill Workers, Local 2608, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, is a labor organization admitting to membership ,employees of Respondent.

   3. ...