National Labor Relations Board v. Prineville Stud Company

The National Labor Relations Board [Board] applies for enforcement of its order against respondent entered under § 10(e) of the National Labor Relations Act [the Act]. Respondent was charged with violations of §§ 8(a)(1), (3) and (5) of the Act. A hearing was held before an Administrative Law Judge [ALJ] in May of 1976. The ALJ held that the respondent had violated provisions of the Act. That decision was upheld in January of 1977 by the Board.

FACTS

The respondent is a lumber company consisting of two mills, the main one in Prine-ville, Oregon, and the one here in question in Burns, Oregon. Respondent was owned by Rhoden and Crawford and managed mainly from Prineville. Jones, under Rho-den’s supervision, served as a general manager for the respondent’s entire operation. Simmons was employed as the plant supervisor at Burns, and was assisted by Dickerson, the employee, whom the employees thought was their boss. However, Dickerson’s status as a “manager” is an issue. The Burns mill produces eight-foot studs from what are classified as older “dead” trees. The plant employs approximately 17 men. On January 13,1976, three employees met with a representative of the Lumber, Production…