Cochrane Laboratories

National Labor Relations Board - Board Decisions

Sep 29, 1942

44 N.L.R.B. 617 (N.L.R.B. 1942)

In the Matter of W. J. COCHRANE, D. B. A. COCHRANE LABORATORIES 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-:2329.-Decided September 29, 1942
Jurisdiction : ore assaying and analyzing industry.
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation.
Mr. Clarence D. Musser, for the Board.
Mr. A. C. Wallace, of Miami, Okla., for the respondent.
Mr. Gobel F. Cravens and Mr. Louis N. Wolf, of Joplin, Mo.; and
Mr. Sylvan Bruner, of ,Pittsburg, Kans., for the Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges 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, by the
Regional Director for the Seventeenth Region (Kansas City, Mis-
souri), issued its complaint dated August 10, 1942, against W. J.
Cochrane, d. b. a. Cochrane Laboratories, 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 Section 2 (6) and (7) of
the National Labor Relations Act. Copies of the complaint, accom-
panied by a notice of hearing, were duly served upon the respondent
and the Union.
With respect to the, unfair labor practices, the complaint alleged
in substance, that the respondent (1) discouraged membership in the
Union and encouraged membership in the Tri-State Metal, Mine and
Smelter Workers Union, herein called the Tri-State- Union, and/or
Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers,
affiliated with, the American Federation of Labor, herein called the
Blue,Card Union, by discharging Horace G. Murphy on July 5, 1935,
and thereafter 'refusing to reinstate him, because he had joined and
44 N. L R. B., No. 114.
617
618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
assisted the Union and refused to join or assist the Tri-State "Union
and/or:the:Blue Card Union; and (2), thereby,.and by (a) urging,
persuading, warning and coercing its employees to join the•Tri-State
Union, and/or the Blue Card Union and threatening them with dis-
charge or non-reinstatement and non-employment if they failed to
join said labor organizations; (b) urging, persuading, warning and
coercing its employees to refrain from joining the Union and threat-
ening them with discharge or, non .reinstatement or non-employment
if they joined or continued their membership in and activities on
behalf of said labor organization; (c) permitting officers and agents
of the Tri-State Union and/or the Blue Card Union to collect dues
and engage in other activities among its employees in behalf of the
Tri-State Union and/or the Blue Card Union during working hours
and on company property while refusing to grant similar -privileges
to the Union, interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
On August 25, 1942, before a hearing was held, the respondent,
the Union, and counsel for the Board entered into a stipulation in
settlement of the case, subject to the approval of the Board. This
stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between W. J.
Cochrane, d. b. a. Cochrane Laboratories, 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, by their respec-
tive attorneys and representatives; and Clarence D. Musser, At-
torney, National Labor Relations Board, Seventeenth Region, as
follows : .
I
1. On charges and amended charges 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 Or-
ganizations, the National Labor Relations Board, through
George J. Bott, Regional Director, Seventeenth Region, agent of
the National Labor Relations Board, acting pursuant to author-
ity 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 and notice of hearing on the 10th day of August,
1942, against Respondent herein. ' ' -
COCHRANE LABORATORIES 619-
2. (a) Respondent hereby acknowledges service of a copy of
the aforesaid complaint and notice of'hearing.
(b) Respondent expressly waives its right,to file answers to
the said complaint or other pleadings; waives its right to a hear-
ing on the complaint and notice of hearing or- other procedure
before the Board to which it may be entitled under the National
Labor Relations Act or the Rules and Regulations of the Board;
and expressly stipulates that the charges, amended charges, the
complaint and notice ' of hearing, and this stipulation shall con-
stitute 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 Na-
tional Labor Relations Board of a Decision and Order based
upon this stipulation as hereinafter set out.
II
1. Respondent, W. J. Cochrane, at all times material hereto
has been an individual doing business as Cochrane Laboratories.
Respondent operates and maintains a laboratory and assay office
in the City of Picher, County of Ottawa and State of Oklahoma,
where he is engaged in the business of assaying lead and zinc
ores and concentrates.
2. Respondent, in the course and conduct of his business at the
location aforesaid, assays and analyzes lead and zinc ores for
many -of the- leading lead and zinc mining companies in the
aforesaid Tri-State District to determine the proportion and
value of the metallic content of said ores. He performs im-
portant routine professional and scientific working in assaying,
weighs assay samples on precision scales, prepares report of
assays, make recommendations; and furnishes expert critical ad-
vice on ores and metals to many of the major lead and zinc mining
companies in the aforesaid Tri-State District, including Eagle-
Picher Mining and Smelting Company, the largest producer of
lead and zinc in said District, and which companies vitally de-
pend upon the reports of Respondent to determine the value of
their ores, profitability of their operations, and the terms of
their shipments and sales, and which companies sell in excess
of 60%"0 of the lead and zinc ores produced by them into and
through states of the United States other than the States of Mis-
souri, Oklahoma and Kansas. In 1941 Respondent's gross in-
come from services rendered as aforesaid was approximately
$50,000.00.: At all,times,material hereto the value of the lead and
zinc ores and concentrates assayed by the Respondent has ex-
ceeded $750,000.00 per annum.
620 DECISIONS OF1NATIONALL-'-LABOR' RELATIONS BOARD
3. Respondent admits 'that. for the purposes' of this case only
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.
I,II
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 Smel-
ter 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, W. J. Cochrane, d. b. a. Cochrane Laboratories,
its officers, agents, successors and assigns, shall :
1. Cease and desist from :
(a) 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 employees or in any other manner discrimi-
nating 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;
'(b) 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 6f "Its employees, or'threatening
them with discharge or with non-reinstatement or non-employ-
ment if they fail to join any such labor organization;
(c) Urging, persuading, warning or coercing 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 theirs with discharge
COCHRANE LABORATORIES 621
or with non-reinstatement or non -employment if they join any
such labor organization ;
(d), In any other manner , interfering with, restraining; or
coercing its employees in the exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectiVely 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:
2. Take-the following affirmative action to effectuate the policies
of the Act : -
(a) Make whole Horace G. Murphy for any loss of pay he may
have suffered by reason of his discharge or discrimination, by
payment to him the sum of $2,250.00. -
(b) Immediately post notices in conspicuous places throughout
its laboratories and assay offices , including ' among such places` all
bulletin boards commonly used by Respondent for anno uncements
to its employees, stating that W. J. Cochrane, d. b. a. Cochrane
-Laboratories will cease and desist in the manner set forth in' Sec-
tion 1, subsections (a), (b), (c) and (d), and will take the
-affirmative action set forth in Section 2, subsections (a) and' (b)
"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' "A", is attached hereto and by this refer-
ence is made a part hereof.'
(c)' Notify the Regional Director for the Seventeenth Region
of the National Labor Relations Board, Kansas City , Missouri,
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 Respondent herein consents to the entry by an,appro-
priate United States Circuit Court of Appeals, upon application
by the Board, of a decree enforcing the aforesaid order to be en-
tered 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 th,s'stipiilation and
said decree; '
That this stipulation is subject to the approval of the'Na-
tional Labor Relations Board and shall become effective imme-
diately upon the granting of such approval.
The notice is set forth as Appendix "A" to this Decision and Order
622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On September 16, 1942, the Board issued its order approving the
stipulation and making it a part of the record-herein.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following:
FINDINGS OF FAOT
1. TIIE BUSINESS OF THE RESPONDENT
W. J. Cochrane, d. b. a. Cochrane Laboratories, operates a laboratory
and. assay office at Picher, Oklahoma, at which he is engaged in the
business of assaying and analyzing lead and zinc ores and concentrates
for several lead and zinc mining companies located in the southeastern
part of the State of , Kansas, the northeastern' part of the State of
Oklahoma, the southwestern part of the State of Missouri. The area
in which these lead and zinc mining companies are located is known
as the Tri-State District. The aforementioned lead and zinc mining
,companies, which sell in excess of 60 percent of the lead and zinc ores
produced by them into and through States other than.the States of
Kansas, Oklahoma, and Missouri, depend on the reports of the re-
spondent for the profitable operation of their mines. In 1941, the re-
spondent's gross income from the operation of its business was ap-
proximately $50,000. At all times hereto, the values of the lead and
zinc ores and concentrates' assayed by the, respondent has exceeded
$750,000 per annum. The respondent admits, for the purpose of this
proceeding, that he is engaged in commerce within the meaning of the
Act.
ORDER
Upon the basis of the above findings of fact, the 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 here-
by orders that W. J. Cochrane, d. b. a. Cochrane Laboratories, Picher,
Oklahoma, his agents, successors and assigns, shall :
1. Cease and desist from :
(a) 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 organiza-
tion, by discharging or refusing to reinstate any of-its employees or
in' any other manner discriniinating in regard to their hire and tenure
of employment or any term or"condition of their employment because -
' COCHRANE LABORATORIES 623:
of membership or activity, in connection with any such labor
organization ;
(b) Urging, persuading, warniiig,'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 or-
ganization of its employees, or threatening them with discharge or with
non-reinstatement or non-employment if they fail to join any such
labor organization;
(c) 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'Con-
gress of Industrial Organizations, or any other labor organization of
its employees, or threatening 'them with discharge or with 'non-
reinstatement 'oi 'non-employment if' they - join - any such labor,
organization;
(d) 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 concerted ac-
tivities 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) Make whole Horace G. Murphy for any loss of pay he may have
suffered by reason of his discharge or discrimination, by payment to
him the sum of $2,250.00.
(b) Immediately post notices in conspicuous places throughout its
laboratories and assay offices, including among such places all bulletin
boards commonly used by Respondent for announcements to its em-
ployees, stating that W. J. Cochrane, d. b. a. Cochrane Laboratories
will cease and desist in the manner set forth in Section 1, subsections
(a), (b), (c) and (d), *and will take the affirmative action set forth in
Section 2, subsections (a) and (b) of this order, and maintain such
notices for a period of at least 90 consecutive 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.
. (c) Notify the Regional Director for the Seventeenth Region of the
National Labor Relations Board, Kansas City; Missouri, in writing
within 20 days from the date of this order what steps the Respondent
has taken to comply herewith. •
MR. WM. M. LEISERSON took no part ,in the consideration of the
above Decision and Order.
624 DECISIONS OF NATIONAL LABOR ' RELATIONS BOARD
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,
any 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 Indus-
trial Organizations , is not required to obtain or retain employment,
with this company. . .
W.J. Cochrane , d. b. a. Cochrane Laboratories shall cease and desist
from :.
1. 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 Smelters 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 employ-
ment because of membership , or activity in connection with any such
labor organization;
2. 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 organ-
ization of its employees , or threatening them with discharge or with,
non-reinstatement or non -employment if they fail to join any such
labor organization; •
3. Urging, persuading , warning or coercing 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 Con-
gress 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 organi-
zation ; •
4. 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 concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.
COCHRANE LABORATORIES 625
W. J. Cochrane , d. b. a. Cochrane Laboratories shall take the fol-
lowing affirmative action to effectuate the policies of the Act :
1. Make whole Horace G. Murphy for any loss of pay he may have
suffered by reason of his discharge or discrimination , by payment to
him the sum 'of $2,250.00.
This notice will remain posted for 90 consecutive days and all per-
sons ai'e warned not to -remove or mutilate this notice.
-W: J. COCIIRANE , D. B.'A. COCHRANE LABORATORIES.
By -----------------------------------------------
Dated :
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