Illinois Zinc Co.

National Labor Relations Board - Board Decisions

Oct 13, 1939

15 N.L.R.B. 1118 (N.L.R.B. 1939)

In the Matter Of ILLINOIS ZINC COMPANY and INTERNATIONAL UNION
OF MINE, . MILL AND SMELTER WORKERS, LOCAL No. 443
Case No. C-1137.-Decided October 13, 1939
Mining, Smelting, and Manufacturing Industry-Settlement: stipulation pro-
vides for compliance with the Act, including reinstatement with back pay as
to nineteen persons, reinstatement without back pay as to fifty other persons,
disestablishment of company-dominated union, and recognition of petitioning
union.
Mr. E. P. Davis, for the Board.
Mr. Gobel F. Cravens, of Henryetta , Okla., for the Union.
Small & Arney, by Mr. Bin f ord Arne y, and, Mr. C. C. Small
Amarillo, Tex., for the respondent:
Mr. Ray Johnson, 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, Local No. 443, herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director fore the Sixteenth Region (Fort
Worth, Texas), issued its complaint dated July 28, 1938, and supple-
mental complaint dated August 19, 1938, against Illinois Zinc Com-
pany, Dumas, Texas, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce, within the meaning of Section 8 (1), (2),
(3), and (5) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. Copies of the com-
plaint and notice of hearing thereon were duly served upon the
respondent and the Union.
Concerning the unfair labor practices the complaints and supple-
mental complaint alleged in substance (1) that the respondent domi-
i On June 27 , 1938, the Board issued an order consolidating this case and Matter of
Illinois Zinc Company and International Union of Mine, Mill, and Smelter Workers, Locat
44s (Case No . R-1005 ), involving a petition for investigation and certification of repre-
sentatives . On September 22, 1939, the Board revoked this order.
15 N. L. R. B., No. 122.
1118
ILLINOIS ZINC COMPANY 1119
nated and interfered with a labor 'organization among ' its employees
known as the Moore County Smelter Workers Union, by contributing
support to said organization and by circulating or permitting circu-
lation of membership cards in 'said organization during working
hours on the respondent's property; .(2) that the respondent locked
out 'and refused to'reinstate approximately 51 employees because they
joined the Union and engaged in concerted activities for the purposes
of collective bargaining and other-mutual aid and, protection; . (3)
that ' on April' 8,' 1938, 'and at all times thereafter, a majority of the
employees in -the appropriate unit had designated the Union-as their
representative for the purposes of collective bargaining, and that on
April 8;1938, and at various dates thereafter, particularly April 13;
23, 25, and 26, 1938, the respondent refused to bargain with the Union
as the'exclusive representative of all the employees in the appropriate
unit; (4) that following the respondent's refusal to bargain the Union
instituted' a strike occasioned by the refusal to bargain; and (5) that
the respondent' by attempting to break said strike, by employing
strikebreakers, by attempting to induce 'its employees 'to cease their
union activities and quit the strike and by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the. Act.
On. August 5, 1938, the, respondent filed. its. answer and on August
15, 1938, its - amended answer to the complaint in 'which it, admitted
some of the allegations concerning the nature and scope of its busi-
ness, but denied the allegations of unfair labor practices..
Pursuant to notice, and notices of postponement, a hearing was
held on August 15, 16, 17, 18, 19, 20, 22, and 29, 1938, at Dumas,
Texas, before Thomas S. Wilson, the Trial Examiner duly designated
by the Board. The Board, the respondent,,and the Union were.rep-
resented by counsel and participated in the. hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses -and to
introduce evidence be on the issues was afforded-all parties.
On August 29, 1938, the Board and the respondent entered into
an agreement waiving all formalities provided by the Revised
Statutes of Texas in the taking and returning of the deposition of
George Klimek, except a showing that answers to the interrogatories
were given under oath. The Board and the respondent also agreed
that such deposition when taken should become a part,of the record.
Pursuant to the agreement of August 29,,1938, interrogatories, cross-
interrogatories, and answers thereto were filed on September 21,
1938, and incorporated into the record. .
On January 17, 1939, the Trial Examiner.: filed 'his Intermediate
Report finding that the respondent had engaged in unfair labor
practices within the meaning of Section 8 (1), (2), (3), and (5)
and Section 2 (6) and (7) of the Act as alleged in the complaint.
1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Trial Examiner recommended that the respondent cease and de-
sist from its unfair labor practices and from contributing support
to Moore County Smelter Workers Union or any other labor organi-
sation, and that it offer reinstatement with back pay to 17 employees,
reinstate 50 other employees , upon request bargain collectively with
International Union of Mine, Mill: and Smelter Worker's. Union,
Local No. 443 , as the exclusive representative of all employees in the..
appropriate unit, post notices of its intention to comply with Act,
and notify the Regional Director for the Sixteenth Region within
ten (10 ) days what steps it had taken to comply with the above re-
quirements . On January 23, 1939, the Board , at the request of the
respondent , extended the time for filing exceptions to the Trial
Examiner 's Intermediate Report until February 11, 1939.
On February 3 and 13, 1939 , the Union and the respondent,
respectively , filed their exceptions to the Intermediate Report.
On August 8, 1939 , the respondent , the Union , and counsel for the
Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between Illinois
Zinc Company, the respondent herein, and the International
Union of Mine, Mill and Smelter Workers, Local No. 443, and
the attorney for the National Labor Relations Board, as follows :
1. The parties hereto expressly waive oral argument and the
making of findings of fact and conclusions of law by the Na-
tional Labor Relations Board and hereby agree that this stipula-
tion may be made a' part of the record in this proceeding by
filing same with the Chief Trial Examiner of the National
Labor Relations Board in Washington, D. C.
2. The National Labor Relations Board may upon the record
and intermediate report herein forthwith make jurisdictional
findings as follows :
That respondent is an Illinois corporation, duly licensed and
doing business in the State of Texas. The principal office of
respondent is located in Chicago, Illinois. The capital stock of
respondent consists of an authorized 150,000 shares of no par
value, of which approximately 95,140 shares have been
issued. Respondent owns and operates rolling mills at Peru and
Chicago, Illinois. It also owns and operates a smelting plant
located in Moore County, Texas, and owns and operates mines
in Deming, New Mexico. Respondent causes and has continu-
ously caused a large part of its raw material, namely zinc ore,
coal, machinery and equipment, used in the manufacture of its
ILLINOIS ZINC COMPANY 1121
products, to be purchased and transported in interstate com-
merce, from and through states of the United States other than
the State of Texas, to its smelter in Moore County, Texas, and
causes and has continuously caused the products manufactured
by it to be sold and transported in interstate commerce from
its plant it Moore County, Texas, to, into and through States
of the United States other than the State of Texas.
That the activities of the respondent, as set forth above, oc-
curring in connection with the operations of the respondent,
have a close, intimate and substantial relation to trade, traffic,
commerce and transportation among the several states and tend
to lead and have. led to labor disputes, burdening and obstruct-
ing commerce and the free flow of commerce.
3. It is further stipulated and agreed by and between the re-
spective parties hereto that the National Labor Relations Board,
upon the record in this proceeding and the intermediate report
herein and upon this stipulation, may forthwith make jurisdic-
tional findings and enter its order to the following effect :
The respondent, Illinois Zinc Company, shall:
(a) Cease and desist from interfering with, restraining and
coercing its employees in the exercise of their right to self-or-
ganization, to form, join, or assist the International Union of
Mine, Mill and Smelter Workers, Local No. 443, or any other
labor organization, to bargain collectively through representa-
tives of their own choosing and to engage in concerted activities
for the purpose of collective bargaining, mutual aid or other
protection.
(b) Cease and desist from discouraging membership in the
International Union of Mine, Mill and Smelter Workers, Local
No. 443, or any other labor organization, ' by discriminating in
regard to hire or tenure of employment or condition of
employment.
(c) Cease and desist from dominating or interfering with the
formation or administration of Moore County Smelter Workers
Union, or any other labor organization, and from contributing
support to said Moore County Smelter Workers Union, or any
other labor organization.
(d) Cease'' and desist from refusing to bargain collectively
with the International Union of Mine, Mill and Smelter Work-
ers, Local No. 443, as the exclusive representative of the produc-
tion and maintenance employees, at its smelter in Moore County,
Texas. .
(e) In order Ito 'effectuate the policies , of the Act, take the
following affirmative action :
1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(1) Upon application offer first to those employees listed in.
Exhibit B hereto attached immediate and full reinstatement to
their former or substantially equivalent . positions without
prejudice to their seniority and other rights and privileges, dis-
missing those new employees hired since April 22, 1938, if nec-
essary to provide employment.
(2) Make whole the employees listed in Exhibit B attached
hereto by -paying to each of them the sum of money set forth
opposite their. respective names.
.(3) Upon application offer to those employees listed in
Exhibit A immediate and full reinstatement to their former or
substantially equivalent positions without prejudice to their
seniority or other rights and privileges, dismissing those new
employees hired since April .22, 1938, if necessary to provide
employment. If, thereupon, by reason of a reduction in force
there is not sufficient employment immediately available for the
remaining employees, all available positions shall be distrib-
uted among such remaining employees. in accordance with the
respondent's usual method of reducing its force, without dis-
crimination against any employee because.of his union affiilia-
tion or activities- following a system of seniority to such extent
as has- heretofore- been applied in' the conduct of respondent's
business. Those' employees remaining after such distribution,
for whom no ' employment is immediately available, shall be
placed upon a preferential list prepared in accordance with the
principles set forth in' the previous sentence, and shall there-
after, in accordance with such list, be offered employment in
their former.. or in substantially equivalent, positions, as such
employment becomes available and before other persons except
those mentioned in (1.) above are hired for such work..
(4) Withdraw all recognition from Moore ' County -Smelter
Workers Union as the representative of its employees for the
purpose of dealing with respondent in respect to labor; disputes,
grievances,, rates of'. pay, wages, hours of employment, and other
conditions of employment and completely disestablish Moore
County Smelter Workers. Union.
(5) Upon request, bargain collectively with International
Union of Mine, Mill and Smelter Workers,. Local No. 443, as the
exclusive bargaining representative of its production and- main-
tenance employees excluding clerical and supervisory employees
in respect to rates of pay, wages, hours of, employment and other
conditions of employment.
(6) Immediately post notices to kits employees in conspicuous
places throughout its smelter that the respondent will cease and
ILLINOIS ZINC COMPANY 1123
desist in, the 'manner aforesaid and maintain said notices for a
period of at least sixty (60) consecutive days.
(7) Notify the Regional Director for the Sixteenth Region
of the National Labor Relations Board within ten (10) days
from the date of the issuance ' of the order, of the National
Labor Relations Board herein agreed to what steps respondent
has taken to comply with said order.
The stipulation herein 'made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
On.September 22, 1939, the Board issued its order approving the
above 'stipulation, making it part of the record, and transferring
the proceeding to the Board for the purpose of a decision and order
by the Board.
Upon the above stipulation and the entire record in the case the
Board makes the following : '
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Illinois Zinc Company , an Illinois corporation; has its principal
office in Chicago , Illinois. ' , The respondent is duly licensed to do
business in the State of • Texas and operates a smelting plant located
in' Moore County, Texas: 'It also owns and operates mines in Dem=
ing; New Mexico, and rolling mills at Peru and Chicago, Illinois.
A large portion of the raw materials used by the respondent in
the manufacture of its products at its plant in Moore County , Texas,
are purchased and transported in^`interstate commerce from 'and
through States of the United States other than the State of Texas.
The products manufactured at 'the respondent 's plant in ,,Moore
County, Texas , are sold ' and transported to States other than .the
State of Texas. . '
The respondent admits that it is engaged in interstate ' commerce
within the meaning of the Act.
We find that the ' above-described " operations constitute a contin-
uous flow of trade ,' trafc, ' and commerce among the several States.
ORDER
Upon the basis .of the-above findings of fact and stipulation, and
pursuant to Section :10,:(c) of the National Labor Relations Act, the
National • Labor Relations Board hereby orders that • Illinois Zinc
Company, Dumas, Texas, shall: .
.1. Cease and desist from interfering. with, restraining and coercing
its employees in the exercise of their right to self-organization, to
1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
form, join, or assist the International Union of Mine, Mill and
Smelter Workers, Local No. 443, or any other labor organization, to
bargain collectively through representatives of their own choosing
and to engage in concerted activities for the purpose of collective
bargaining, mutual aid or other protection.
2. Cease and desist from discouraging membership in the Inter-
national Union of Mine, Mill and Smelter Workers, Local No. 443,
or any other labor organization, by discriminating in regard to hire
or tenure of employment or condition of employment.
3. Cease and desist from dominating or interfering with the for-
mation or administration of Moore County Smelter Workers Union,
or any other labor organization, and from contributing support to
said Moore County Smelter Workers Union, or any other labor
organization.
4. Cease and desist from refusing to bargain collectively with the
International Union of Mine, Mill and Smelter Workers, Local No.
443, as the exclusive representative of the production and mainte-
nance employees, at its smelter in Moore County, Texas.
5. In order to effectuate the policies of the Act, take the follow-
ing affirmative action
(a), Upon application offer first to those employees listed in
Exhibit B hereto attached immediate and full reinstatement to their
former or substantially, equivalent positions without prejudice to
their seniority and other rights and privileges, dismissing those new
employees hired since April, 22, 1938, if necessary to provide em-
ployment;
(b) Make whole the employees listed in Exhibit. B attached hereto
by. paying to each of them the sum of money set forth opposite their
respective names;
(c) Upon application offer to those employees listed in Exhibit A
immediate and full reinstatement to their former or substantially
equivalent positions without prejudice to their seniority or other
rights and privileges, dismissing those new employees hired since
April 22, 1938, if necessary to provide employment. If, thereupon,
by reason of a reduction in force there is not sufficient employment
immediately available for the remaining employees, all available
positions shall be distributed among such remaining employees in
accordance with the respondent's usual method of reducing its force,
without discrimination against any employee because of his union
affiliation or activities following a system of seniority to such extent
as has heretofore been applied in the conduct 'of respondent's busi-
ness. Those employees remaining after such distribution, for whom
no employment is immediately available, 'shall be placed upon a
preferential list prepared in accordance with the principles set forth
ILLINOIS ZINC COMPANY 1125
in the previous sentence, and shall thereafter, in accordance with
such list, be offered employment in their former or in substantially
equivalent positions, as such employment becomes available and be-
fore other persons except those mentioned in (a) above are hired
for such work;
(d) Withdraw all recognition from Moore County Smelter Work-
ers Union as the representative of its employees for the purpose of
dealing with respondent in-respect to labor disputes, grievances,
rates of pay, wages, hours of employment, and other conditions of
employment and completely disestablish Moore County Smelter
Workers Union;
(e) Upon request, bargain collectively with International Union
of Mine, Mill and Smelter Workers, Local No. 443, as the exclusive
bargaining representative of its production and maintenance em-
ployees excluding clerical and supervisory employees in respect to
rates of pay, wages, hours of employment and other conditions of
employment;
'(f) Immediately post notices to its employees. in conspicuous
places throughout its smelter that the respondent will cease and de-
sist in the manner aforesaid and maintain said notices for a period
of at least sixty (60) consecutive days;
(g) Notify the Regional Director for the Sixteenth Region of
the National Labor Relations Board within ten (10) days from the
date of the issuance of the Order of the National Labor Relations
Board herein agreed to what steps respondent has taken to comply
with said Order.
EXHIBIT A
James P. Abbott.
M. O. Apperson.
Myrna D. Miller.
A. L. McDonald, Sr.
J. D. Nelson.
S. Severson.
L. T. Kinnon.
J. E. Marphen.
H. W. Hampton.
J. F. Pierson.
J. H. McDonald.
M. C. Burns.
John Deckard.
G. H. Allen. ' '
Frank Blurton.
S. E. Weece.
L. C. Cargill.
199549-89-vol. 15-72
James C. Shelton.
B. E. Nelson.
Asa J. Miller.
Gus Eichman.
Jack, McEwan.
Ray Berry.
Vernon Bonham.
George Loveland.
Elmer Miller.
G. W. Blythe.
John Krobat.
L. A. Prince.
H. A. Brown.
Arthur Dowling.
Andy Guinn.
W. B. Condren.
R. O. Cruse.
1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'P. M. Moore.
F. H. Hudson.
T. A. Reed:
D. H. Frendiger.'
Sam Barley.
J. P. Whittington.
Andy Turpin.
Bob Hudson.
;W.. C. Claburn:
J. ;R. Phillips..
Floyd Hamilton.
Floyd Milam.
W. R. Goodman.
Jack Henson.
Olin Cargill.
James Stockton.
EXHIBIT B
Willis Smith ,_ $249.00.
V. L. Rogers , $218.50.
J. R. Rozell, $256.00.
O. T. Keeney , $225.50.' .
George Klimek, $249.00.
J. R. Freudiger , $225.50.
Curtis Brown, $195.00.
Jess Saunders , $248.00.
Bill Jones, $28.50. ..
V. A. Weaver , $128.00.
Malcolm Sweeney, $187.50.
Charles Roberts, $187.50.
Julian T.'Miller, $178.00.
E. A. Morphew, $218.50.
J. R. Lundigreen, $225.50.
G. W. Blythe, $225.50.
Arthur Dowling, $199.50.
Myrna Miller, $178.00.
Henry Dowling, $195.00.