Childress Royalty Co.

National Labor Relations Board - Board Decisions

May 22, 1942

41 N.L.R.B. 174 (N.L.R.B. 1942)

In the Matter of CHILDRESS ROYALTY COMPANY, A CORPORATION, and
INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,
LOCALS Nos. 15, 17, 107, 108, AND 111, AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. C-218,9.-Decided May 22, 1942
Jurisdiction : mine servicing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Paul Nachtman and Mr. Clarence D. Musser, for the Board.
Mr. Lloyd E. Roberts, of Joplin, Mo., for the respondent.
Mr. Gobel F. Cravens, Mr. Louis N. Wolf, and Mr. Sylvan Bruner,
all of Joplin, Mo., for the Union.
Mr. Cecil F. Poole, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and amended charge duly filed by International
Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107,
108, and 111, affiliated with the Congress of Industrial Organizations,
herein called the Union, the National Labor Relations Board, herein
called the Board, by its Regional Director for the Seventeenth Re-
gion (Kansas City, Missouri), issued its complaint dated April 16,
1942, against Childress Royalty Company, a corporation, Joplin,
Missouri, 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) and (3) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. A copy of the complaint was duly served
upon the respondent.
With respect to the unfair labor practices, the complaint alleged
in substance : (1) that the respondent discouraged membership in
the Union, and encouraged membership in Tri-State Metal Mine
and Smelter Workers Union and the Blue Card Union of Zinc and
41 N. L. R. B., No. 38.
174
CHILDRESS ROYALTY COMPANY 175
'Lead Mine,'Mill and Smelter Workers, aMliated.with the American
Federation of Labor, herein called the Tri-State Union and the Blue
Card Union, respectively, by discriminatorily discharging and re-
fusing to reemploy Elmer Goodpaster; and' (2) that the respondent
`interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act, in that iti among
other things: (a) dominated and interfered with the administration
of, and contributed financial or other support to, the Tri-State Union
and the Blue Card Union; (b) warned and urged its employees to
join 'the Tri-State Union' and the Blue Card Union, and threatened
them with discharge or with non-reinstatement if they' failed to do
so; (c) urged, warned, and coerced its employees to refrain from
joining the Union, and threatened them with discharge or with non-
reinstatement or `non-employment if they joined the Union; and
(d) between July 5, 1935, and June 14, 1938, recognized, bargained
collectively with, and entered into contracts with the Tri-State Union
and the Blue Card Union.
The respondent did not file an answer to the complaint.
.
On July 19, 1941, the Board, acting pursuant to Article II, Sec-
tion 36 (b), of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered that the case be consolidated
with certain other proceedings in which similar charges had been
contemporaneously filed by the Union. Thereafter; on March 7, 1942,
the Board, having reconsidered the matter and having been further
advised in the premises, revoked its prior order of consolidation.
On April 21, 1942, representatives of the respondent, the Union,
and the Board entered into a stipulation, subject to the approval of
the Board, in settlement of the case.
The stipulation provides as follows :
It is hereby stipulated and agreed by and between Childress
Royalty Company, a corporation, hereinafter referred to as the
Respondent; International Union of Mine, Mill and Smelter
Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with
the Congress of Industrial Organizations, hereinafter referred
to as the Union, by their respective attorneys and representa-
tives; and Paul Nachtman, Regional Attorney, and Clarence D.
Musser, Attorney, National Labor Relations Board, Seventeenth
Region, as follows :
I
1. On charges and Amended Charges duly filed by Interna-
tional Union of Mine, Mill and Smelter Workers, Locals Nos.
15, 17, 107, 108, and 111, affiliated with the Congress of Industrial
Organizations, the National Labor Relations Board, through
176 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
' George,d_, Bott, Regional Director, Seyenteenth Region, agent of
the National Labor Relations Board, acting pursuant to authority
granted in Section 10 (b) of the National Labor Relations Act,
approved July 5; 1935, and acting pursuant to its Rules and
Regulations, Series 2, as amended, Article IV, Section 1, issued
its complaint on the 16th day of April, 1942, against Respondent
herein.,
2. (a) Respondent hereby acknowledges services-of a,.copy,of
the aforesaid complaint;
(b) Respondent expressly waives its right to file answers to
said complaint or other pleadings; waives its right to a hearing
on the complaint or other procedure before the, Board to.which
it' may be entitled under the National tabor Relations Act or
the Rules and Regulations of the Board; and expressly stipulates
that the charges, amended charges, the complaint, an affidavit
executed by F. W. Evans, dated July 23, 1941, and an affidavit
executed by Joe Nolan, dated July 23, 1941, marked Exhibits
"A" and "B," respectively, copies of each of which are attached
hereto and by this reference made a part hereof, and this stipula-
tion shall constitute the record in this matter;
(c) Respondent waives the making of findings of fact and
conclusions of law by the National Labor Relations Board;
(d) Respondent expressly consents to the issuance by the
National Labor Relations Board of a Decision and Older based
upon this stipulation, as hereinafter set out.
II
1. Respondent is and at all times material hereto has been
a Delaware corporation authorized to do business in the States
of Missouri, Oklahoma and Kansas, and having its office and
principal place of business in the city of Joplin, State of Mis-
souri. Respondent transacts a substantial amount of business
in the State of Missouri.
2. Respondent, in the course and conduct of its business,
operates a water pump station near Quapaw, Oklahoma, the
function of which said station is the removal of water from
lead and zinc mines in the surrounding Tri-State District, so
that customary mining operations can be performed. The afore-
said mines are engaged in the mining and processing of lead
and zinc, a substantial portion of which is sold and distributed
to buyers who distribute and sell into and through states of
the'-,UJnited States other than the State of Oklahoma. - The value
of the lead and zinc produced by mines serviced by the Re-
CEULDRESS ROYALTY COMPANY 177
spondent is in excess of One Hundred' Thousand Dollars
($100,000.00) per annum.
3. Respondent admits that for the purposes of this case only
that it is engaged in and its operations affect interstate commerce
'within the meaning of Section 2 ( 6) and (7) of the National
Labor Relations Act.
III
International Union of Mine, Mill and Smelter. Workers, Locals
Nos. 15, 17, 107, 108 , and 111, affiliated with the Congress of
Industrial Organizations ; the Tri-State Metal Mine and Smelter
Workers Union; and the Blue Card Union of Zinc and Lead
Mine, Mill and,Smelter Workers, affiliated with the American
Federation of Labor; are , or were, labor organizations within
the meaning of Section 2 (5) of the Act.
IV
The National Labor Relations Board may forthwith enter an
order in the above-entitled case to the following effect :
Respondent , Childress Royalty Company ,, a corporation, its
officers, agents, successors , and assigns, shall
1. Cease and desist from :
(a) In any manner dominating or interfering with the adminis-
tration of the Tri-State Metal Mine and Smelter Workers Union;
and the Blue Card Union of Zinc and Lead Mine, Mill and
Smelter Workers, affiliated with the American Federation of
Labor, or the formation or administration of any other labor
organization of their employees , or contributing financial or other
support to the Tri-State Metal Mine and Smelter Workers Union
or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
Workers, affiliated with the American Federation of Labor, or
any other labor organization of their employees;
(b) Discouraging membership in the International Union of
Aline, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108,
and 111, affiliated with the Congress of Industrial Organizations,
or any other labor organization of its employees, or encouraging
membership in the Tri-State Metal Mine and Smelter Workers
Union, and the Blue Card Union of Zinc and Lead Mine, Mill
and Smelter Workers, affiliated with the American Federation
of Labor, or any other labor organization, by discharging or
refusing to reinstate any of its employees or in any other manner
discriminating in regard to their hire and tenure of employment
or any term or condition of their employment because of mem-
'6>s92-2-%oi I1--12
178 DECISIONS OF -NATIONAL - LABOR; RELATIONS BOARD
bership or activity in connection with any such labor organi-
zation ;
(c) Urging, persuading, warning, or coercing its employees,
to join the-Tri-State Metal Mine and Smelter Workers Union,
or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
Workers, affiliated with the American Federation of Labor, or
any other labor organization of its employees, or threatening
them with discharge or with non-reinstatement or non-employ-
ment if they fail to join any such labor organization;
- (d) Urging,' persuading, warning, or coecing its employees
to refrain from joining the International Union of Mine, Mill
and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111,
affiliated with the Congress of Industrial Organizations, or any
other labor organization of its employees,-or threatening them
with discharge or with non-reinstatement or non-employment
if they join any such labor organization;
(e) Recognizing or in any manner dealing with the Tri-State
Metal Mine and Smelter Workers Union, the Blue Card Union
of Zinc and Lead Mine, Mill and Smelter Workers, affiliated
with the American Federation of Labor, or any other-labor
organization of its employees, as exclusive representative of its
employees in an appropriate unit, unless and until such labor
organization is certified by the Board as such exclusive repre-
sentative ;
(f) Recognizing or in any manner dealing with the Tri-State
Metal Mine and Smelter Workers Union, the Blue Card Union
of Zinc and Lead Mine, Mill and Smelter Workers, affiliated with
the American Federation of Labor, as representative of any of
its employees for the purpose of dealing with the Respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of employment, unless similar
recognition is granted to the International Union of Mine, Mill
and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111,
affiliated with the Congress of Industrial Organizations, or unless
and until the Tri-State Metal Mine and Smelter Workers Union
or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
Workers, affiliated with the American Federation of Labor is
certified by the Board as exclusive representative of its employees
in an appropriate unit;
(g) In any other manner interfering with, restraining, or co-
ercing its employees in the exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing and to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection.
CHILDRESS ROYALTY COMPANY 179
2. Take-the following affirmative action to effectuate the policies
of the Act. _
(a) Withhold recognition from the Tri-State Metal Mine and
Smelter Workers Union, the Blue Card Union of Zinc and Lead
Mine, Mill and Smelter Workers, affiliated with the American
Federation, of Labor, or any other labor organization of its
employees, as exclusive representative of its employees in an ap-
propriate unit, unless and until such labor organization is certi-
fied by the Board as exclusive representative;
(b) ,Unless and until the -Tri-State Metal Mine' and Smelter
Workers Union, or the Blue Card Union of Zinc and Lead Mine,
Mill and Smelter Workers, affiliated with the American,Federa-
tion of Labor is certified by the Board as such exclusive' repre-
sentative, withhold recognition from the Tri-State 'Metal Mine
and Smelter Workers Union or the Blue Card Union of Zinc
and Lead Mine, Mill and Smelter Workers, affiliated with the
American Federation of Labor, as representative of any of its
employees,for the purpose of dealing with it concerning griev
antes, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment unless similar recognition is
granted to the International Union of Mine, Mill and Smelter
Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with
the Congress of Industrial Organizations;
(c), Make whole Elmer Goodpaster for any loss of pay he
may have suffered by reason of his discharge or discrimination,
by,payment to him of a sum of money equal to 75% of the dif-
ference between that which he would have earned as wages from
July 5, 1935, the date of the company's discrimination against
him, to September 5, 1935 (the date Elmer Goodpaster's job was
discontinued), and his net earnings during such period, which
sum has been computed to be $150.00;
(d) Immediately post notices in conspicuous places throughout
its mines and mills, including, among such places, all bulletin
boards commonly used by Respondent for announcements to its
employees, stating that Childress Royalty Company, a corpora-
tion, will cease and desist in the manner set forth in, Section 1,
subsections (a), (b), (c), (d), (e); (f), and (g), and will take
the affirmative action set forth in Section 2, subsections (a), (b),
(c), and (d), of this order, and maintain such notices for a
,period of at least 90 consecutive clays from the date of posting.
.A copy of this notice, marked Exhibit "C," is attached hereto
and by this reference is made a part hereof ;
(e) Notify the Rdgional Director for the Seventeenth Region
of the National Labor Relations Board, Kansas City, Missouri,
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in writing within 20 days from the date of this order what steps
the Respondent has taken to comply herewith.
V
It is further stipulated and agreed by and between the parties
hereto as follows :
1. That the Respondent herein consents to the entry by an
appropriate United States Circuit Court of Appeals, upon appli-
cation by the Board, of a decree enforcing the order to be entered
by the Board pursuant to this stipulation without further notice
of said application;
2. That the entire agreement is contained within the terms
of this stipulation and there is no verbal or other agreement of
any kind which varies, alters, detracts, or adds to this stipulation
and said decree ;
3. That this stipulation is subject to the approval of the Na-
tional Labor Relations Board and shall become effective immedi-
ately upon the granting of such approval.
On May 2, 1942, the Board issued an order approving the stipula-
tion, 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 purpose of 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
Childress Royalty Company is a corporation organized under the
laws of the State of Delaware, with its office and principal place of
business in Joplin, Missouri. The present proceeding involves only
a water pump station operated by the respondent near Quapaw,
Oklahoma. It is the function of this water pump station to- remove
water from lead and zinc mines in the surrounding Tri-State Dis-
trict,' so that customary mining operations can be performed. The
mines thus serviced by the respondent's water pump station produce
and process lead and zinc valued at more than $100,000 per annum,
a substantial portion of which is sold and distributed to buyers, who
in turn sell and distribute these products into and through States
other than the State of Oklahoma.
I This area includes the States of Missouri , Oklahoma , and Kansas
CHILDRESS ROYALTY COMPANY 181
The respondent stipulated, and we find, that it 'is engaged in com-
anerce, within the meaning of the Act.
ORDER
Upon the basis . of...the , above findings of fact, stipulation , and the
entire record in the case , and pursuant'to" Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Childress Royalty Company, a
,corporation ,- and its officers, agents, successors , and assigns , shall :
1. Cease and desist from :
(a) In any manner dominating or interfering with the adminis-
tration of the Tri-State Metal Mine and Smelter Workers Union;
and the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
Workers , affiliated with the American Federation of Labor, or the
formation or adniinistration of any other labor organization of their
employees, or contributing financial or other support to the Tri-State
Metal Mine, and Smelter Workers Union , or the Blue Card Union
of Zinc and Lead Mine , Mill and Smelter Workers, affiliated with
the American Federation of Labor, ' or any other labor organization
of their employees;
(b) Discouraging membership in the International Union of Mine,
Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108' and 111,
affiliated with the Congress of Industrial Organizations , or any other
labor organization of its employees , or encouraging membership in
the Tri -State Metal Mine and Smelter Workers Union , and the Blue
Card Union of Zinc and Lead Mine , Mill and Smelter Workers,
affiliated with the American Federation of Labor , or any other labor
organization , by discharging or refusing to reinstate any of its em-
ployees or in any other manner discriminating in- regard to their
hire and tenure of employment or any term or condition of their,
,employment because of membership or activity in connection with
any such labor organization;
(c) Urging, persuading , warning, or coercing its employees to
join the Tri-State Metal Mine and Smelter Workers Union or the
Blue Card'Vniotnof-Ziiic,and,Lead-Mine;,Mill and Smelter-Workers,
affiliated with the American Federation of Labor, or any other labor
organization of its employees , or threatening them with discharge
or with non-reinstatement or non -employment if they fail to join any
such labor organization;
(d) Urging, persuading, warning , or coercing its employees to re-
frain from joining the International Union of Mine, Mill and Smelter
Workers, Locals Nos. 15, 17, 107, 108 , and 111 , affiliated with the
Congress of Industrial Organizations , or any other labor organiza-
tion of * its employees , or threatening them with discharge or with
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
non-reinstatement or non-employment if they join any such labor
organization;
(e) Recognizing or in any manner dealing with the Tri-State Metal
Mine and Smelter Workers Union, the Blue Card Union of Zinc
and Lead Mine, Mill and Smelter Workers, affiliated with the
American Federation of Labor, or any other labor organization of
its employees, as exclusive representative of its employees in an ap-
propriate unit, unless and until such labor organization is certified
by the Board as such exclusive representative;
(f) Recognizing or in any manner dealing with the Tri-State
Metal Mine and Smelter Workers Union, the Blue Card Union of
Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the
American Federation of Labor, as representative of any of its em-
ployees for the purpose of dealing with the respondent concerning
grievances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment, unless similar recognition is
granted to the International Union of Mine, Mill and Smelter Work-
ers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress
of Industrial Organizations, or unless and until the Tri-State Metal
Mine and Smelter Workers Union, or the Blue Card Union of Zinc
and Lead Mine, Mill and Smelter Workers, affiliated with the Amer-
ican Federation of Labor is certified by the Board as exclusive
representative of its employees in an appropriate unit:
(g) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Withhold recognition from the Tri-State Metal Mine and
Smelter Workers Union, the Blue Card Union of Zinc and Lead
Mine, Mill and Smelter Workers, affiliated with the American Fed-
eration of Labor, or any other labor organization of its employees,,
as exclusive representative of its employees in an appropriate unit,
unless and until such labor organization is certified by the Board as.
exclusive representative;
(b) Unless and until the Tri-State Metal Mine and Smelter Work-
ers Union, or the Blue Card Union of Zinc and Lead Mine, Mill and
Smelter Workers, affiliated with the American Federation of Labor,
is certified by the Board as such exclusive ,representative, withhold
recognition from the Tri-State Metal Mine and Smelter Workers
Union, or the Blue Card Union of Zinc and Lead Mine, Mill and
Smelter Workers, affiliated with the American Federation of Labor,
, CHILDRESS ROYALTY COMPANY 183
as representative of any of its employees for the purpose of dealing
with it concerning grievances, labor disputes, wages, rates of pay;
hours of employment, or other conditions of employment unless simi-
lar recognition is granted to the International Union of Mine, Mill
and Smelter, Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated
with the Congress of Industrial Organizations;
(c) Make whole Elmer Goodpaster for any loss of pay he -may
have suffered by reason of his discharge or discrimination, by pay-
Inent to him of a sum of money equal to 75% of the difference between
that 'which he would have earned as wages from July 5, 1935, the
date of the Company's discrimination against him, to September 5,
1935 (the date Elmer Goodpaster's job was discontinued), and his
net„earnings, during such period, which sum has been computed to be
$150.00;
(d) Immediately post notices in conspicuous places throughout its
mines and mills, including, among such places, bulletin boards com-
Inonly used by the respondent for making announcements to its em-
ployees, stating that Childress Royalty Company, a corporation, will
cease and desist in the manner set forth in Section, 1, subsections (a),
(b), (c), (d), '(e), (f), and (g), and will take the affirmative action
set forth in Section 2, subsections (a), (b), (c), and _(d), of this
Order, and maintain such notices for a period of at least 90 con-
secutive days from the date of posting. A copy of this notice,
marked Exhibit "A", •is'attached hereto and by this reference is made
a part hereof ;
(e) Notify the Regional Director for the Seventeenth Region of
the National Labor Relations Board, Kansas City,-Missouri, in writ-
ing, within 20 days' from the date of this Order what steps the re-
spondent•has:taken to comply, herewith. -
EXHIBIT "A"
NOTICE
Membership in Tri-State Metal Mine and Smelter Workers Union,
or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
Workers," affiliated with the American Federation of Labor, or in
ny other labor organization of its employees, or non-membership in
International Union' of Mine, Mill and Smelter Workers, Locals Nos,
15, 17, 107, 108, and 111, affiliated with the Congress of Industrial
Organizations, is not required to' obtain or retain employment with
this company.
Childress Royalty Company, a corporation, shall-cease and desist
from
1., in any manner dominating or interfering with the administra-,
tidn of the Tri-State Metal Mine and Smelter'Workers Union; and
184 DECISIONS Or NATIONAL LABOR RELATIONS BOARD,
the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
Workers, affiliated with the American Federation of Labor, or the
formation or administration of any other labor organization of their
employees, or contributing financial or other support to the Tri-State
Metal Mine and Smelter Workers Union or the Blue Card Union of
Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the
American Federation of Labor, or any other labor organization of
theit employees;
2. Discouraging membership in the International Union of Mine.
Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affili-
ated with the Congress of Industrial Organizations, or any other labor
organization of its employees, or encouraging membership in the Tri-
State Metal Mine and Smelter Workers Union, and the Blue 'Card
Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated
with the American Federation of Labor, or any other labor organiza-
tion, by discharging or refusing to reinstate any of its employees
or in any other manner discriminating in regard to their hire and
tenure of employment or any term or condition of their employment
because of membership or activity in connection with any such labor
organization ;
3. Urging, persuading, warning, or coercing its employees to join
the Tri-State Metal Mine and Smelter Workers Union, or the Blue
Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affili-
ated with the American - Federation of Labor; or any other labor
organization of its employees, or threatening them with discharge or
with non-reinstatement or rion-employment if they fail to join any
such labor organization ;
4. Urging, persuading, warning, or coercing its employees to re-
frain from joining the International Union of Mine, Mill and Smelter
Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the
Congress of Industrial Organizations, or any other labor organization
of its employees, or threatening them with discharge or with non-
reinstatement, or non-employment if they join, any such labor
organization ;
5. Recognizing or in any manner, dealing with the Tri-State Metal
Mine- and Smelter Workers Union, the Blue Card Union of Zinc and
Lead Mine, Mill . and Smelter Workers, affiliated with the American
Federation of Labor, or any other labor organization of its em-
ployees, as exclusive representative of its employees in an appropriate
unit, unless and until such labor organization is certified by the Board
as such exclusive representative;
6. Recognizing or in any manner dealing with the Tri-State Metal
Mine and Smelter Workers Union, the Blue Card Union of Zinc
and Lead Mine, Mill-and Smelter Workers, affiliated with the Amer-
ican Federation of tabor, as representative of any of its employees
I
CHILDRESS ROYALTY -COMPANY _ 185
for the purpose,of dealing with the Respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment,, or
other conditions of employment, unless similar recognition is granted
to the International Union of Mine, Mill and Smelter Workers, Locals
Nos. 15,, 17, 107, 108, and 111, affiliated with the Congress of Indus-
trial Organizations, or unless and until the Tri-State Metal Mine
and Smelter Workers Union or the Blue Card Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the American
Federation of Labor is certified by the Board as exclusive represent-
ative of its employees in an appropriate unit;
7. In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection.
Childress Royalty Company, a corporation, shall take the following
affirmative action to effectuate the policies of the Act :
1. Withhold recognition from the Tri-State Metal Mine and Smel-
ter Workers Union, the Blue Card Union of Zinc and Lead Mine,
Mill and Smelter Workers, affiliated with the American Federation
of Labor, or any other labor organization of its employees,^as exclu-
sive representative of its employees in an appropriate unit, unless and
until such labor organization is certified by the Board as exclusive
representative;
2. Unless and until the Tri-State Metal Mine and Smelter Workers
Union or the Blue Card Union of Zinc and Lead Mine, Mill and
Smelter Workers, affiliated with the American Federation of Labor,
is certified by 'the:,Board as -such exclusive representative,- withhold
recognition from the Tri-State Metal Mine and Smelter Workers
Union and the Blue Card Union of Zinc and Lead Mine, Mill and
Smelter Workers, affiliated with the American Federation of Labor,
as representative of any of its employees for the purpose of dealing,
with it concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or other conditions of employment unless
similar recognition is granted to the International Union of Mine,.
Mill and Smelter Workers, Locals Nos.- 15, 17, 107, 108, and 111,
affiliated with the Congress of Industrial Organizations;
3. Make whole Elmer Goodpaster for any loss of pay he may have
suffered by reason of his discharge or discrimination, by payment to.
him of a sum of money equal to 75% of the difference between that
which he would have earned as wages from July 5, 1935,,-the-date
of the company's discrimination against him, to September 5, 1935
(the date Elmer Goodpaster's job was discontinued), and his net
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
earnings during such period , which sum has been computed to be
$150.00.
This notice will remain posted for 90 consecutive days and all
persons are warned not to remove or mutilate this notice.
CHILDRESS ROYALTY COMPANY,
A CORPORATION.
By ------------------------------
Date: