Haughton

For several years prior to 1958, appellants Laurence D. Haughton and his wife, Maude, had been and at all times material to this action were copartners doing a private contract logging business in Clackamas County, Oregon, under the firm name of Elk Creek Logging Company (hereinafter called Elk Creek). The appellees are the local Union (hereinafter called the Union) and the District Council of the International Woodworkers of America. Elk Creek had a collective bargaining agreement with the Union, and also had a separate “Truck Seniority Agreement” with the Union fixing a formula for determining what trucks and drivers Elk Creek would employ to haul the logs.

Elk Creek’s business was to log and haul to lumber mills the logs obtained by Elk Creek under its logging contracts with timber owners. A substantial portion of those logs and of their manufactured products moved in interstate commerce.

Although since 1953, Elk Creek for use in its logging business had leased logging trucks from others, it had hired and paid on an hourly basis the truck drivers who operated the trucks, and, pursuant to the bargaining and truck seniority agreements which Elk Creek had recognized, the Union…