Markham & Callow, Inc. v. Inter. Woodworkers

Decision Date23 March 1943
Citation135 P.2d 727,170 Or. 517
CourtOregon Supreme Court
                  Construction and application of National Labor Relations Act
                notes, 112 A.L.R. 959; 115 A.L.R. 314; 123 A.L.R. 612. See, also
                31 Am. Jur. 886, et seq
                  15 C.J.S., Commerce, § 15

Before BAILEY, Chief Justice, and BELT, ROSSMAN, KELLY, LUSK, BRAND and HAY, Associate Justices.

Appeal from Circuit Court, Clatsop County.


Suit for injunction by Markham & Callow, Inc., against International Woodworkers of America, Lumber & Sawmill Workers Union, and others. From a decree granting a permanent injunction, defendants appeal.


W.J. Prendergast, Jr., of Portland (David Weinstein, of Portland, on the brief), for appellants.

Gunther F. Krause, of Portland (George E. Birnie, of Portland, on the brief), for respondent.

This is a suit by the plaintiff, Markham & Callow, Inc., a corporation, to enjoin the defendants, who are affiliates and members of the Congress of Industrial Organizations, from picketing. The trial court issued a permanent injunction, and the defendants appeal.

In support of the allegations of the complaint, the following facts were established: The plaintiff is engaged in logging and the sale of logs. Eighty per cent of his produce flows into the channels of interstate commerce. Ever since 1935 (the year of the enactment of the National Labor Relations Act) the American Federation of Labor had been the bargaining agent of the employees. On July 24, 1939, the National Labor Relations Board, pursuant to statute, issued a "decision and direction of election" whereby it was provided that an election by secret ballot be conducted among the employees of the plaintiff whose names appeared on the company's payroll immediately preceding the date of the direction. The purpose of the election was to determine whether the employees desired to be represented for the purposes of collective bargaining by Lumber & Sawmill Workers' Union, Local No. 4, affiliated with International Woodworkers of America, affiliated with the C.I.O., or by Lumber & Sawmill Workers' Union, Local No. 2578, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the A.F. of L., or by neither. Pursuant to the direction, such an election was conducted on August 10, 1939, under the supervision of a regional director, who, acting pursuant to Article 3, Section 9 of the National Labor Relations Act, Rules and Regulations, Series 2, issued an election report, copies of which were duly served upon the parties. No objections to the same were filed. The report of the regional director disclosed that a majority of all eligible voters had chosen the A.F. of L. union. Therefore the National Labor Relations Board duly certified to the result and that

"* * * Lumber & Sawmill Workers Union, Local No. 2578, chartered by United Brotherhood of Carpenters & Joiners of America, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment."

Thereafter, a working agreement was negotiated and executed between the plaintiff and Local 2578, A.F. of L., as exclusive bargaining agent of all employees. The effective date of the agreement was October 1, 1939. In it, among many other things, were the following provisions:

"The company recognizes the Union as the sole and exclusive collective bargaining agency for all of its employees except superintendents, foremen and office personnel. This agreement and the provisions herein constitute the only collective bargaining agency recognized by the Company."

It was also provided:

"Any refusal on the part of the crew, or any member of the crew, to work under the terms and conditions of this agreement with the Lumber & Sawmill Workers' Local Union No. 2378, dated 1939, or to respect and abide by the interpretations hereof, or to accept decisions resulting from negotiations hereunder; or agitation on the part of any employee with crew members in an effort to break any of the terms of this agreement, or in any way to interfere with the collective bargaining agency, shall be cause for suspension, disciplinary action, or discharge."

Another provision related in great detail to hours, wage scales, seniority and working conditions. The contract provided that no strikes should be called until the machinery of adjustment set up in the agreement should be exhausted. It also provided that

"At no time shall...

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18 cases
  • State ex rel. Lumber and Sawmill Workers v. Superior Court for Pierce County
    • United States
    • Washington Supreme Court
    • December 12, 1945
    ... ... The ... International Woodworkers of America (hereinafter designated ... I. W. A.) ... 29 U.S.C.A. § 151 ... Markham & Callow v. International Workers of America, ... ...
  • Sloan v. Journal Pub. Co.
    • United States
    • Oregon Supreme Court
    • April 23, 1958
    ... ... See Markham & Callow, Inc., v. International Woodworkers of America, ... ...
  • Gilbertson v. Culinary Alliance and Bartenders' Union, Local No. 643, A.F. of L.
    • United States
    • Oregon Supreme Court
    • March 30, 1955
    ... ... L. Mead, Inc., v. International Brotherhood, 1 Cir., 1954, 217 F.2d 6, ... v. International Woodworkers, 1943, 171 Or. 13, 135 P.2d 759; Markham & Callow, Inc., v ... Inter. Woodworkers of America, supra, 170 Or. 578-580, 135 P.2d ... ...
  • Montgomery Ward & Co. v. Northern Pacific Term. Co.
    • United States
    • U.S. District Court — District of Oregon
    • June 30, 1953
    ... ... as Woodland Truck Line, Bend-Portland Truck Service, Inc., Columbia Truck Express, The Dalles Freight Line, Inc., ... 332, 59 S.Ct. 508, 83 L.Ed. 682; Markham & Callow, Inc., v. International Woodworkers of America, ... ...
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