National Labor Relations Board v. Potlatch Forests, Inc.

Good Law
189 F.2d 82
United States Court of Appeals for the Ninth CircuitJuly 6, 195112532California2,488 words

Opinion

Opinion

Orr, J.

National Labor Relations Board seeks enforcement of its order requiring respondent Potlatch Forests to cease and desist from maintaining the “strike seniority” policy, hereinafter described, on the ground that said policy discriminates against union members in violation of Sec. 8(a) (3) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 158 (a) (3).

In 1944 the International Woodworkers of America was certified, and has since been recognized, as the exclusive bargaining agent for Potlatch’s production and maintenance employees in its various establishments in Idaho. On April 1, 1946 Potlatch and the Union (the I.W.A. and its four locals) executed a Master Working Agreement, to expire at the end of one year, providing inter alia for seniority rights to govern in case of a reduction in force. Negotiations to renew this agreement in the spring of 1947 were disrupted' over the question of wage differentials. An agreement extending all other provisions of the 1946 agreement until April 1, 1948, was executed, leaving the disputed question for further negotiations.

The parties being unable to agree, the Union called a strike in August 1947, thereby causing a shutdown of all…

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