Alabama Fuel & Iron Co.

National Labor Relations Board - Board Decisions

Aug 14, 1942

43 N.L.R.B. 166 (N.L.R.B. 1942)

In the Matter of ALABAMA FUEL & IRON COMPANY and, UNITED MINE
WORKERS of AMERICA, DISTRICT 20 and OVERTON WHITE WELFARE
SOCIETY, OVERTON COLORED WELFARE SOCIETY„ MARGARET WHITEa
WELFARE SOCIETY, MARGARET COLORED, WELFARE SOCIETY, ACMAR
WHITE WELFARE SOCIETY AND ACMAR COLORED. WELFARE SOCIETY,
PARTIES TO AGREEMENT
Case No. C-0274.-Decided 14-,1942
Jurisdiction : coal mining-industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Alexander E. Wilson, Jr., for the Board..
Benners, Burr, McKamy and Forman, by M1°. Borden Burr said Mr.
Grady Patterson, of Birmingham, Ala., and Mr. Henry E. Colton, of
Nashville, Tenn., for the respondent.
Bowers & Dunn, by Mr. Evans D.uun, of Birmingham, Ala., for the'
K z5ocletles al
Parsons ct Mitch,' by Mr. William E. Mitch, of Birmingham,: Ala.,
for the Union.
Mr. Marvin C. Wahl, of counsel to the Board.,
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed-by United Mine Workers of Amer-
ica, District 20, herein called the Union, the National Labor Relations
Board, herein called the-Board, by its Regional Director for the Tenth
Region '(Atlanta, Georgia), issued its-complaint dated June 24, 1942,
against Alabama Fuel & Iron'Company, Birmingham, Alabama, herein
called the respondent, alleging that the .respondent had engaged in
and was engaging in unfair labor practices affecting commerce, within
the meaning of Section .8 (1); (2), and (3) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint, accompanied by notice of hearing, were duly
,served upon the respondent, the Union, Overton White Welfare So-,
43 N. L. R. B., No. 21.
.166
ALABAMA FUEL & IRON COMPANY - 167
ciety, Overton Colored Welfare Society; Margaret White Welfare
Society, Margaret Colored Welfare Society, Acmar White Welfare So-
ciety, and Acmar Colored 'Welfare Society, herein called the Societies,'
and upon Alabama Fuel & Iron Company Employees Association,
herein called the Association, all of which were alleged in the complaint
to be labor organizations dominated by :the respondent..
Concerning the unfair labor practices., the complaint alleged in sub-
stance that the respondent (1) on or about June 17-, .1933, and. at all
times thereafter, by specified acts and conduct, dominated and inter-
fered with the formation and administration of the Societies and con-
tributed financial and other support thereto; (2) on or about May 30,
1942, and at all times thereafter, by specified acts and conduct, domi-
nated and interfered with the formation and administration of the
Association and. contributed financial and other support thereto; (3)
on and after certain specified dates, discharged and refused to reemploy
14 named employees because they had joined or assisted the Union or
engaged in concerted activities with other employees; (4) since July
.5, 1935, and at all times thereafter, by numerous acts and by specified.
conduct, and by the acts and conduct hereinabove set forth, interfered
with, restrained, and coerced its einployees'in the exercise of the rights
guaranteed. in Section 7 of the Act. The respondent did-not file an
answer. On July 20, 1942, the Association filed its answer denying
certain allegations of the complaint.
Pursuant to notice a hearing was held at Birmingham, Alabama, on
July 20 and 21, 1942, before Thomas E. Wilson, the Trial Examiner
duly' designated by the Chief Trial Examiner. . The Board,' the re-
spondent, the Union, the Societies, and the Association were repre-
sented by counsel and participated in the hearing. On. the second
day, with the consent of all parties, the hearing was ,closed and the
respondent, the Societies, the Association, and counsel for the Board
entered into a stipulation in settlement of the case, subject-to the ap-
proval by the Board. The stipulation provides as follows,
An amended charge having been. filed by United-Mine Workers
of America, District 20 (hereinafter called the "Union'.') affiliated
with the Congress of Industrial Organizations, with the Acting
Regional Director of the National Labor Relations Board (herein,-
after called the "Board") for. the Tenth Region. at .Atlanta,
Georgia,, alleging that Alabama Fuel & Iron Company (herein-
after called the "Respondent") has engaged in unfair labor prac-
tices within the meaning of. Section 8, (1), (2).. and (3) of the
National. Labor Relations Act; the Board, through its Acting
Regional Director, having issued and served a complaint stating
the charges; the right to file an answer having been waived by
Respondent, but it being expressly agreed that nothing herein con-
168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tained shall be construed or- considered as an admission that any
unfair ,labor practices have been committed , by Respondent; hear-
ings having commenced before a duly designated Trial Examiner
of the Board in Birmingham , Alabama, on July 20, 1942 ; and it
being the intention of the parties to conclude all-proceedings before
the Board . in this case and being understood between the parties
that all matters occurring prior to the date of the signing of this
stipulation shall be and are fully settled hereby,
IT IS HEREBY STIPULATED AND AGREED By and among Alabama
Fuel & Iron Company by Borden - Burr and D. K. McKamy, its
attorneys ; Overton White Welfare Society by Evans. Dunn,
its 'attorney ; Overton Colored Welfare Society by Evans During
its attorney ; Margaret White Welfare Society by Evans
Dunn, , its attorney ; Margaret Colored Welfare Society by Evan's
Dunn, its attorney ; Acmar White Welfare Society by Evans
Dunn, its attorney ; ' Acmar Colored Welfare Society by Evans
Dunn, its attorney; Alabama Fuel & Iron Company Employees
-Association by Evans Dunn, its attorney ; United Mine Workers
of America , _ District 20, by William E . Mitch, its attorney ;
Alexander E. Wilson, Jr., Regional Attorney ,' Tenth Region
National Labor . Relations Board, as follows :
^ .
I
Respondent; Alabama Fuel & Iron Company, is a corporation,
organized "under and existing by virtue of the laws of the State of
Alabama,. having its principal office and place of business in the
City of Birmingham, County of Jefferson, State "of Alabama. It
is engaged in mining and producing coal and related products and
operates several mines and villages in..St. Clair and Jefferson
Counties in the State of Alabama. .
During the year 1941, Respondent mined and produced. coal in
excess of 1,100,000 tons. Approximately 90% of all the coal
mined and produced by Respondent during the year. 1941 was sold
and shipped to customers in states other than the State-of Ala-
bama, or to interstate railroads operating in the State of Alabama
or -to steamship lines. Respondent employs' approximately 1900
persons in all of its various mines.
Respondent for the purpose of this stipulation admits that, it is
engaged in -interstate commerce within the meaning of Section
2 (6) of. the National Labor'. Relations Act, and its operations
affect'coni'merce within the meaning of Section'2 (7). of the said
Act.
ALABAMA FUEL &.'-IRON COMPANY 169
II
United Mine Workers of America, District 20, affiliated with the
Congress of Industrial Organizations, is a labor organization
within the meaning of-Section 2 (5) of the National Labor Rela-
tions Act.
Overton White Welfare Society, Overton Colored Welfare
Society, Margaret White Welfare Society, Margaret Colored Wel-
fare Society, Acmar White ;Welfare Society_ and Acmar- Colored
Welfare Society. are labor organizations within the meaning of
Section 2 (5) of the National Labor Relations Act.
Alabama Fuel & Iron Company Employees- Association is a
labor organization within the meaning of Section, 2 (5) of the
National Labor Relations Act.
III
All parties hereto acknowledge service of the complaint, notice
of hearing and amended charge, and expressly waive all further
and other procedure before the Board to which the parties may
be entitled under the National Labor Relations Act or the rules
and regulations of the National Labor Relations Board', including
further pleadings, hearing, taking of testimony and the making
of findings of fact and conclusions of law.
IV
This stipulation, together with the amended charge, Complaint
and notice of hearing, Order postponing hearing, Order desig-
nating Trial Examiner and, transcript of proceedings taken before
the Trial Examiner shall constitute the record in this - case, and
the parties expressly agree that the Board, without further proce-
dure, may issue an order in substantially the following form :
ORDER ,.
The National Labor Relations Board hereby orders that Ala-
bama Fuel & Iron Company , its officers , attorneys and agents (and
particularly including Overton White Welfare Society ; Overton
Colored Welfare Society , Margaret White Welfare Society, Mar-
garet Colored Welfare Society , Acmar White Welfare Society,
and Acmar Colored Welfare Society ) all its contractors and suc-
cessors and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in United Mine Workers of
America,- District 20, or any other labor organization of its
employees , by laying off , discharging , refusing to reinstate, or in
170 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
any other manner discriminating in regard to hire or tenure of
,employment of its. employees,- because of.inembership in or activi-.
ties in connection with any such labor organization.
(b) .'Dominating or interfering with the formation or admin-
istration of or contributing financial or other support to the
Societies' known as Overton White Welfare Society, Overton
Colored Welfare Society,-Margaret White Welfare Society, Mar-
garet Colored Welfare Society, Acmar. White- Welfare Society
and Acmar Colored Welfare Society, in. so far as such Societies are
labor organizations, and Alabama Fuel & Iron Company
Employees Association, or any other labor organization of its
employees.
(c) Giving effect to any and all contracts it has or may have
entered into- with Overton White Welfare Society, Overton Col-
ored Welfare Society, Margaret White Welfare. Society, Margaret
Colored Welfare Society, Acmar White Welfare Society and
Acmar Colored Welfare Society as the representative of its
employees for the purpose of dealing with the Respondent con-
cerning grievances, labor disputes, rates of pay, wages, hours of
work or other conditions of employment. i
(d)" Maintaining surveillance of or employing Other means of
espionage for the purpose of ascertaining and investigating the
activities of United Mine Workers of America, District 20, and the
activities of its, employees in coinection with such organization
or any other labor organization.
(e} Urging, persuading or warning, in any way, through offi-
cers, supervisory employees, contractors, welfare' societies, or
otherwise, or in any manner influencing or attempting to influence,
its employees to form, join, assist, or participate in, any labor
organization, or in any manner or degree of such forming, joining,
assisting, or participating in, any such labor organization.
(f) Knowingly permittinb officers or agents of any labor organ-
ization, whether employees,of the respondent or not,'to engage in
activities among the employees of the Respondent on behalf of
such, labor organizations, among such employees while they are
working on the job, or on the Respondent's plant property, or with
the use of the Respondent's property, equipment, or facilities,
unless such privileges are granted equally to all labor organiza-
tions of the said employees. ,
(g) Entering into any closed shop or other contract with any
-labor organization, by virtue of which the employees of the
Respondent are required to join said labor organization as a con-
dition of their employment,' unless' said labor organization rep-
resentsa majority of said employees for purposes of collective
ALABAMA . FUEL &' IRON COMPANY 171
bargaining , with the ' Respondent , and has, subsequent to ,the date
of this order, in no way been established , maintained , or assisted
by the Respondent or any person , firm, association , or corporation
acting, in the interest of the Respondent , .through - any act defined.
in the National 'Labor Relations Act.as an unfair labor practice.
(h) Denying to its employees , who reside in houses owned by
the Respondent the right to have any persons call at their homes
for the purpose of consulting, conferring or advising with, talk-
ing. to, meeting or assisting the Respondent 's employees, or any
of them, in regard to the rights of said employees under the Act.
(i) Interfering in any manner with the right of -any agent,
,representative , officer, member or organizer of the United Mine
Workers :of America , District 20, or any other labor organization,
.or with . the right of any person , in his entry upon and traversing
• in paths, roads , streets, or other ways of ingress and egress , public ,
or private , on the properties , of the Respondent located in Jef-
feison and St. Clair Counties, State of Alabama, customarily used
by the Respondent 's employees there residing and engaging in,
lawful transactions with them, for the purpose , of consulting, con-
ferring or advising with, talking to, or assisting the Respondent's
employees or any of them , in regard to the rights of said em-
ployees under the Act.
(j) In any other manner . interfering with, restraining or
-coercing its employees in the exercise of the rights of its em-
ployees to self-organization , to form, join or assist labor organiza-
tions, to bargain collectively through representatives of their own
choosing and to engage in concerted activities for, the purpose of
collective bargaining or other mutual aid or protection as guaran-
teed in Section 7 of the National Labor Relations Act..
2. Take the following affirmative . action to effectuate the pol-
icies of the Act': . .
( a) Offer to those persons listed in Appendix A 1 hereof except
Wheeler-Padgett, deceased , immediate and full reinstatement to
their former positions, without prejudice to, their, seniority and
other rights - and privileges, displacing , if necessary , any em-
ployee since hired, transferred or otherwise assigned to work in
said positions.
(b) Make whole to persons named in Appendix A' hereof for'
any loss of pay they or any of them may have suffered by reasons
of their discharge , .by payment to each of them respectively the
sum appearing beside his name in Appendix A hereof. Payment
due Wheeler Padgett ,, deceased , shall be made to Mrs. Wheeler
-Padgett. .
F
1 Appendix A is set forth at the end of this Decision and Order.
172 DECISIONS OF NATIONAL ,LABOR RELATIONS BOARD
(c) Hereinafter refrain from recognizing the societies known
as Overton ' White Welware Society ,,Overton Colored Welfare.
Society, ' Margaret White Welfare . Society,. -Margaret ' Colored
Welfare Society , Acmar White-Welfare Society, Acmar Colored
-Welfare Society and Alabama Fuel & Iron Company Employees
Association , or their successors , as representatives of the Respond-
ent's employees or any of them , for the purpose . of dealing with
Respondent concerning grievances , labor disputes , wages, rates of
pay, hours of work or other conditions of work, or otherwise.
dealing with any of the aforementioned organizations or their
successors , and completely disestablish all of the aforesaid organi-
zations as such representatives. .
(d) Make reasonable effort and exercise due diligence through
its officers , agents, supervisory employees ; contractors and peace
officers, to discourage and deter breaches of the peace or invasidns
of the civil rights of its employees ,. or members of their families,
committed upon or directed against the said employees , or mem-.
bers of their ' families , on account of the union affiliation or activity
of the said employees and to make reasonable effort and exercise.
due diligence to protect the said employees , while on the job,
or on the, Respondent's plant property , from, any acts . or threats
which interfere with, the rights of the said employees ` to self-
' organization as guaranteed in Section 7 of the National Labor
Relations Act; provided , however, that the failure of the Re-
spondent to make the reasonable efforts and exercise -the diligence
in this paragraph referred to shall not impose upon the Respond-
ent any duty in reference to which there may or shall result any
civil or other liability ( said provision not, to exclude any right.
of the Board to proceed hereunder ) on the part of the Respondent
to any person whatsoever. -
(e) Require that its officers , agents, supervisory employees and
contractors do not in any way urge, persuade , or. warn its em-
ployees, or in any manner influence or attempt to influence the said
employees to form, join, assist , or participate in any labor organi-
zation, or not to form , join, assist , or participate in any labor
organization , or in any manner or degree of such forming, joining,
assisting , or participating in a labor organization.
(f) Take all reasonable steps and precautions to carry out and
effect . the provisions of-paragraph 2 (e) above.
(g) Post immediately in 'conspicuous places on its bulletin
boards at all of its mines in Jefferson and St. Clair Counties,
State' of Alabama, and maintain for a period of at least sixty
(60) days from the date of posting, notices to its employees,
stating that
ALABAMA FUEL..&, IRON COMPANY. 173
(1) The Respondent will refrain from the conduct from which
it is ordered to cease and desist in Paragraph 1 (a) through (j)
inclusive of this order;
(2) The Respondent .will take . the affirmative action set forth
in Paragraph 2 (a.) through ( f) of this order; and
(3) . The Respondent 's, employees are free to become or remain
,rhembers . of the United. Mine Workers . of America , District 20,
or any other labor organization , and that the Respondent will
not discriminate against any employees because of membership .
or activity in any - labor organization.
(h) Notify the Regional Director for the Tenth Region, in
writing ' within ten ( 10) -days .'from the date of this order, what
steps it has taken to comply herewith.
V
F
Upon application by the Board , the . United States Circuit
Court of Appeals for the Fifth Circuit, or any appropriate Cir-
cuit Court of Appeals, may enter its decree enforcing the order
of. the Board as set forth in Paragraph IV and all parties hereto
expressly waive .. all rights and privileges to reserve further notice
of filing of application for the entry of such decree , or to contest
the entry :of such decree. .
VI
Wherever used in this stipulation or m' the Board's 'Order, the
term contractor shall be defined as being one who directly derives
his earnings in.whole or in part from the labor of others or one
who himself employs laborers or is , responsible to laborers for
their wages.
VII
The offer of employment referred to in Section 2 (a) of the
order shall be in writing either delivered in person to each of
the persons listed in Appendix A or mailed, . properly addressed,
by registered mail to their last known address ( a copy of said
letter to be also mailed to the Board or its designated representa-
tive and to the. United Mine Workers of America at its offices,
Coiner Building, Birmingham , Alabama) . notifying the person
named to appear at the ' office , of the Respondent at its mine where
he formerly worked on a day designated. in the -'Offer Of'employ-
ment, such day to be not less than ' five (5) days after the entry
of. the order , -and further notifying such person ' that, if ' he -does
not appear on the day designated or within five (5 ) days there-
174 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
after, he will not- be further entitled--to demand or receive eni
ployment under the terms of the order.
If any of said employees have not worked.for the Respondent
during the year 1942, such employees when returning to work
shall be subject to physical examination by the Respondent's
physician, and the hire of such employees as such examination
discloses are not physically 'fit for employment may be refused.
If such person is so rejected, he-may be re-examined by-any
competent physician' named by a representative of the Board
and the Respondent shall accept the "result of such examination.
VIII
That the entire agreement .is contained within the terms of
this stipulation and that there is no :verbal agreement of any
kind which varies, alters or adds to this stipulation.
IX -
That this. stipulation is subject. to the approval of the National
Labor Relations Board and shall become effective immediately
upon the receipt of notice granting such approval by the Board.
On July 28, 1942, the Board issued its order approving the stipu-
lation, making it a part of the record, and pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series' 2, as amended, transferring the proceeding to the Board
for the entry of a Decision and Order pursuant to the provisions of
the stipulation.. ' .
Upon the basis of the above stipulation and the entire record in
the case, the Board -makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT,
The respondent, Alabama Fuel & Iron Company, is. an Alabama
.corporation maintaining its principal office and place of business in
-Birmingham, Alabama. It is engaged in mining a-nd producing coal---'
and related products and operates several, mines and villages in St.
Clair and Jefferson Counties in the State of Alabama. During 1941
the respondent mined and produced coal in excess of 1,100,000 tons.
Approximately 90 percent of such production was shipped to cus-
tomers in States other than Alabama, to interstate railroads operat-
ing in Alabama, and to steamship lines. At the time of the hearing
the respondent employed approximately 1900 employees in its various
ALABAMA FUEL & IRON COMPANY 175
mines ; For : the purposes of this proceeding , the respondent . admits,
that it is engaged in commerce within the meaning of the Act.
We find that the above -described operations constitute a continuous
flow of trade, traffic, and . commerce among the several States.' .
ORDER
The National Labor Relations Board hereby orders that Alabama
Fuel & Iron Company, its officers , attorneys , and agents ( and par-
ticularly including Overton White Welfare Society , Overton Colored
Welfare Society , Margaret White Welfare Society, Margaret Colored
Welfare Society , Acmar White Welfare Society , and Acmar Colored
Welfare Society ) all its contractors and successors ' and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in United Mine Workers ' of Amer-,
ica, District 20, or any other labor organization of its employees, by
laying off , discharging , refusing to reinstate , or in any other manner
discriminating in, regard to hire or tenure of employment of its
employees , because of membership in or activities . in connection with
any such labor organization;
(b) Dominating or interfering with the formation' or administra-
tion of or contributing financial or other support to the Societies
known as Overton White Welfare Society , Overton Colored Welfare
Society, Margaret White Welfare Society , Margaret Colored Welfare
Society, Acmar White . Welfare Society, and Acmar , Colored Welfare
Society , in so far - as such Societies are labor organizations, and '
Alabama Fuel & Iron Company Employees Association , or any other
labor organization'of its employees;
(c) Giving effect to any and all contracts it has or may - have
entered into with Overton White Welfare Society, Overton . Colored
Welfare Society , Margaret White Welfare Society , Margaret Colored
Welfare Society , Acmar White Welfare Society , and Acmar ' Colored
Welfare Society as the representative of its employees for-the purpose
of 'dealing with the respondent concerning grievances, labor disputes,
rates of pay , 'wages , hours of ' work, or other ' conditions. of
employment;
(d) Maintaining surveillance - of or employing , other . means of
-espionage for the purpose of ascertaining and investigating the activi-
ties of United Mine Workers of America , District ' 20, and the activi-
ties of its employees in connection with such organization or any other
labor organization ; .
(e) Urging, persuading , or warning in any way; through officers,
supervisory employees , contractors , welfare societies , or otherwise,
or in any manner influencing or attempting to influence , its employ-
176 DECISIONS -. OF NATIONAL LABOR RELATIONS BOARD
ees to 'form;: join, assist ,:-or participate in, -any labor organization; or
in any . 'manner 'or degree . of such forming , joining; - assistingi or par-
ticipating in, any such, labor' . organization;
(f) Knowingly permitting officers . or agents of any labor organiza-
tion, whether employees of the respondent or not, to engage in activi-
ties among the employees of the respondent on behalf of such labor
organizations , among such employees while they are working-on the
job, or on the respondent's plant property, or with the use of the
respondent 's property , equipment , or, facilities , unless such privileges
are 'granted equally to . all labor organizations of the said employees,;
(g) ' Entering into any closed ' shop or other contract with any labor
organization , by virtue of which the employees of the respondent are
required to join said labor organization as a condition of their em
ployment, unless, said labor organization represents -a majority of
said 'employees for purposes of collective bargaining with the re=
spondent , and - h 'as, subsequent to the date of this Order, in no way,
been established , maintained , or assisted by the respondent or any
person, firm, association, or corporation acting in the interest of the
responden ; through any act defined in the National Labor Relations
Act a;s'an unfair labor practice;
enying to its employees , who reside in houses owned by'the
respondent the right to have any persons call at their homes for the
purpose of colisulting,''conferring or advising with, talking to, meet -
ing or assisting the Respondent 's employees , or,any of them , in regard
to ^ tle rights of said employees under'-the Act ;
(i),.Interfering in any manner with the right of any. agent, repre-
sentative ,, officer, member , or organizer of the United Mine Workers
of America , District 20, or any' other labor organization ; or with
thet,xight of any, person , in his entry upon and traversing in paths,
roads, streets ; or other, ways of ingress and egress, public or private,
on the properties of the respondent located in Jefferson and St. Clair'
Counties , State of Alabama , customarily used by the respondent's
employees there residing and engaging, in lawful transactions ,with
them, for the purpose of consulting , conferring , or advising with
talking to, or assisting - the respondent 's employees or any of them,
in regard to the rights of. said employees under the. Act;
(j)',In any other manner interfering with, restraining ,'or coercing;
its employees in the exercise of the rights of its employees to self-.
organization , to form, join, or assist labor , organizations , to bargain
collectively through representatives of their own choosing and to en-
gage in concerted activities for the purpose of collective bargaining or
other mutual aid or • protection as'guaranteed in Section 7 of the Na-
tional Labor Relations Act.
ALABAMA FUEL . & , IRON„ COMPANY-: 177
2. Take the following . affirmative action to eff ectuate-the policies of
.the'-Act:'
(a) Offer to those persons listed in Appendix A hereof except
Wheeler Padgett, deceased, immediate and full reinstatement to their
former positions, without prejudice to their seniority and other rights
and privileges , displacing, if necessary , any. employee since hired, -
transferred or otherwise assigned . to work in said positions;
(b) Make whole to persons named in Appendix A hereof for any
loss of pay they or any of them may have suffered by reasons pf their
discharge, by.payment to each of them respectively the sum appearing
beside his name in Appendix A hereof. Payment due Wheeler Pad-
gett, deceased , shall be made to Mrs. Wheeler Padgett:
(c) Hereinafter refrain from recognizing the 'Societies known as
.Overton White Welfare Society, Overton Colored Welfare` Society,
Margaret White Welfare Society, Margaret Colored Welfare Society;
Acmar-White Welfare Society, and Acmar Colored Welfare Society
and Alabama Fuel & Iron Company Employees Association, or their
successors , as representatives of the respondent 's employees or any of
them, for the purpose of dealing with the respondent concerning
grievances , labor disputes , wages, rates of pay, hours of work, or other ;
conditions of'-work, or otherwise dealing.with any of. the afore-liien-
tioned organizations or their successors , and completely disestablish
all of the aforesaid organizations as such representatives;
(d) Make reasonable effort and exercise due diligence through its
officers, agents , supervisory employees , contractors and peace officers,
to discourage and deter breaches of the peace or invasions of the civil
rights of its employees , or members of their families , committed upon
or directed against the said employees , or members of. their families,
on account of the Union affiliation or activity of the said employees and
to make reasonable effort and ' exercise due diligence` to protect the said
employees, while on the job, or on the respondent 's'plant property,
from any acts' or threats .which interfere with. the rights of the said
employees to self-organization as guaranteed in Section 7 of the Na-
tional Labor Relations Act; provided, however, that the failure of
the respondent to make the reasonable efforts and exercise the diligence
in this 'paragraph referred to shall not impose upon the, respondent
,any duty in reference to which there may or shall result any civil or,
other liability (said provision not to exclude any right of the Board,
to proceed hereunder ) on the part of the respondent to any person
whatsoever ;
(e) Require . that its officers, agents , supervisory employees and
contractors do not in any way urge, persuade , or warn its employees,
or in any manner influence or attempt to influence the said employees
to form, join, assist, or participate in any labor organization; or not to
. 481039- 42-vol. 43--12
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
form, loin, assist,; or p.aticipt.ii any labor. organization, or,in any
manner for degree of sucli forii iiig; joining, assisting; or participatin
in a labor organization;
(f) Take all reasonable steps and -precautions to carry out and effect
the provisions of paragraph 2 (e) above;.
(g) Post immediately in conspicuous places on its bulletin boards at
all of its mines in Jefferson and St. Clair Counties, State of Alabama,
and maintain for a period of at least sixty (60) days from the date of
posting, notices to its employees, stating that : '(1) The respondent will
refrain from the conduct from which it is ordered to cease and desist
in Paragraph 1 (a) through (j) inclusive, of this Order; :(2) the re-
spondent will take the affirmative action set forth iii Paragraph 2 (a)
through (f) inclusive of this Order;. and (3) the respondent's em-
ployees are free, to become or remain members of the United Mille.
Workers of America, District 20, or any other labor organization, and
that the respondent will not discriminate against any employees be-
cause of membership or,activity in any labor organization;
(h) Notify'the Regional Director for the Tenth Region, in writing
within ten (10) days from the date of this Order, what steps it has
taken to comply herewith.
APPENDIX A
Amount of
Name: reimbursement
Coy, ',Byers ---------------------------------------------- $ 200.00
Willard, Byers ------ ------------------------------------------- :. 250.'00
Richard Turner------------------------------------------------ 225.00
Louis Ford --------------------------------------------- 200.00
James Chester Shaw------------------------------------------- 335.00
Eary Bathwell ------------------------------------------------ 330.00
James Evans ------------------------------------------------- 130.00
James ( Jim) Williams----------------------------------------- 150.00
Benjamin F. Bathwell ------------------- ------------------------ 145.00
Beason Hammond------------------------ ------------------------ 260.00
Wheeler Padgett--------------------------------------------- -- 300.00
James Wesley Smith--------=---------- -------------- ----------- 250.00
Oliver P. Jarrett---------------------- 450.00
Emerson Buford ------------------ ----------------------------- 245. 00