Kansas Explorations, Inc.

National Labor Relations Board - Board Decisions

Apr 1, 1942

40 N.L.R.B. 1 (N.L.R.B. 1942)

In the Matter of KANSAS EXPLORATIONS, INC. 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-2133.--Decided April 1, 1942.
Jurisdiction : lead and zinc mining and milling industry.
Settlemen t: stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Clarence D. Musser and Cllr. Paul Nachtman, for the Board.
Mr. Ross Blake and Mr. Paul E. Bradley, of Joplin, Mo., for the
respondent.
Mr. Louis N. Wolf, Mr. Tony McTeer, and Mr. Gobel F. Cravens,,
of Joplin, Mo., and" Mr. Sylvan Bruner, of Pittsburg, Kans., for' the
Smelter Workers.
-Mr. Harry H. Luskin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Union of Aline, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108
and 111, affiliated with the Congress of Industrial Organizations,
herein called the Smelter Workers, and after an order consolidating
-cases' dated July 19, 1941,1 the National Labor Relations Board,
herein called the Board, by the Regional Director for the Seventeenth
Region (Kansas City, Missouri), issued its complaint dated Febru-
ary 23, 1942, against Kansas Explorations, Inc., Joplin, Missouri,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1) and (3) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. The respondent acknowledged service of a
copy of the complaint in the stipulation hereinafter set forth.
1 This is one 24 Tri -State cases pending before the Board which were consolidated
,for the purpose of hearing by the order of July 19, 194i1.
40 N. L R B., No 1.
I
455771-42-vol 40-1 1
2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to the unfair labor practices, the complaint alleged
in substance: (1) that the respondent discouraged membership in
the Smelter Workers and encouraged membership in Tri-State Metal
Mine and Smelter Workers Union, herein called the Tri-State Union,
and in 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; (2) that the respondent discriminated
in regard to the hire and tenure of employment of employees Fred
Scott and Logan A. Seckman by discharging and refusing to reinstate.
Scott \and by discharging Seckman and refusing to reinstate him
unless he became a member of the Tri-State Union or the Blue Card
Union; (3) that the respondent has dominated and interfered with
the administration of the Tri-State Union and the Blue Card Union
and has contributed financial or other support to the Tri-State Union
and the Blue Card Union; (4) that since July 5, 1935, the respondent
has urged, persuaded, warned, and coerced its employees to join the
Tri-State Union and the Blue Card Union, and has threatened them
with discharge or with non-reinstatement or non-employment if they
failed to join said labor organizations; (5) that the,respondent has
urged, persuaded, warned, and coerced its employees,to.:refrain from
joining the Smelter Workers and has threatened them, with dis-
charge or with non-reinstatement or non-employment if they joined
the Smelter Workers; (6) that between July 5, 1935, and June 14,.
1938, after so dominating, assisting, and interfering with the Tri-
State Union and the Blue Card Union, the respondent recognized,
bargained collectively with, and entered into contracts with said labor
organizations, although they were not the freely chosen representatives
of the respondent's employees within the meaning of the Act; and
(7) that since July 5, 1935, the respondent has, by the foregoing and
other acts, interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act.
On March 3, 1942, the respondent, the Smelter Workers, and an
attorney for the Board entered into a stipulation, subject to approval
of the Board, in settlement of the case. The' stipulation provides as
follows :
STIPULATION
It is hereby stipulated and agreed by and between Kansas
Explorations, Inc., 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 representatives; and
Clarence D. Musser, Attorney, National Labor Relations Board,
Seventeenth Region, as,follows:
KANSAS EXPLORATIONS,, INC. 3
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
Organizations, the National Labor Relations Board, through
George J. Bott, Regional Director, Seventeenth 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 23d day of February, 1942, against respondent
herein.
2. (a) Respondent hereby acknowledges service of a copy of
the aforesaid complaint. -
(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 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, an,affidavit executed
by F. W. Evans, dated July 23, 1941, an affidavit executed by Joe
Nolan, dated` July 23, 1941, marked Exhibits "A" and "B," re-
spectively, copies of each of which are attached hereto and by this
reference made a part hereof,2 and this stipulation shall constitute
the record in this matter.
(c) Respondent waives the making of findings of fact and con-
clusions 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
L Respondent is and has been since 1923 a corporation organized
under and existing by virtue of the laws of the State of New
York. It is licensed to do business in the States, of Kansas, Mis-
souri, and Oklahoma, and maintains offices in the City of Joplin,
State of Missouri. Respondent operates and maintains mines and
mills in the States of Kansas and Oklahoma where it is engaged
in the mining and milling of lead and zinc. Respondent trans-
acts a substantial amount of business in the State of Missouri.
2. Respondent,,in the course and conduct of, its business at the
locations, aforesaid, mines, mills, sells, and distributes lead and
'There is no necessity for reproducing these affidavits here
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
zinc. Approximately 60 percent of the lead and' zinc so mined
and milled is sold and distributed to buyers who distribute and
sell into and through states of the United States other than the
States of Kansas and Oklahoma . The total gross sales of re-
spondent for the year 1941 were in excess of $500,000 . Approxi-
mately 60 percent of the machinery and materials used by the
respondent in the mining and milling of its lead and zinc is re-
ceived from states other than the States of Kansas and Oklahoma.
3. The aforesaid operations of respondent occur in the course
of and affect commerce among the several states and are syn-
chronized by planning , scheduling , and coordinating to maintain
a flow of metals and minerals through its operations and are
essentially connected with and dependent on purchases , sales; ship-
ments, and productive and distributive operations outside the
States of Kansas and Oklahoma.
4. 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.
III
International Union of Mine, Mill and Smelter Workers, Locals
Nos. 15,17, 107, 108, and 111, affiliated with the Congress of Indus-
trial 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 Federa-
tion of Labor; are, or were, labor organizations within the mean-
ing 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, Kansas Explorations, Inc., a corporation, its offi-
cers, agents, successors, and assigns, shall
1. Cease and desist from:
(a) In any manner dominating or interfering with the admin-
istration of the Tri-Stale Metal Mine and Smelter Workers Union;
and the Blue Card Union of Zinc and Lead Mine, Mill and Smel-
ter Workers, affiliated with the American Federation of Labor,
or,the formation or administration of any other labor organiza-
tion 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 Work-
KiANSAS EXPLOI A'TIONS, INC. 5
ers, 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 refus-
ing to reinstate any of its employees or in any other manner dis-
criminating 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 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 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 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, 11611 and Smelter Workers, affiliated with
the American Federation of Labor, or any other labor organiza-
tion 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 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 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, affili -
11
6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ated 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
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 en-
gage in concerted activities for the purpose of collective bargain-
ing 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
Federation of Labor, or any other labor organization of its em-
ployees, as exclusive representative of its employees in an appro-
priate 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
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-
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 Industrial Organizations;
(c) Offer to Fred Scott immediate and full reinstatement to
his former or substantially equivalent position, without prejudice
to his seniority and other rights and privileges;
(d) Make whole Fred Scott and Logan A. Seckman for any
losses of pay they may have suffered by reason of their discharges,
or discrimination, by payment to. Fred Scott of $1,398.84, which is
75% of the difference between that which he would have earned
as wages from July 5, 1935, to August 1, 1941, and his net earnings
during such period ; and by payment to Mildred Seckman, widow
KANSAS EXPLORATIONS, INC.-, 7
of Logan A. `Seckman (deceased January 8, 1941) of $601.16,
which is 75% of the difference between that which he would have
earned as wages from August 25, 1937, to December 5, 1938, and
his net earnings during such period. The total sum of money to
be paid herein is agreed upon as $2,000.00.
(e) Immediately post notices in conspicuous places through-
out its mines and mills, including, among such places, all bulletin
boards commonly used by respondent for announcements to its
,employees, stating that Kansas Explorations, Inc., 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), (d), and (e)
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 "C," is attached hereto and by this
reference is made a part hereof.3
(f) 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 the respondent herein consents to the entry by an
appropriate' United States Circuit Court of Appeals, upon ap-
plication by the Board, of a decree enforcing the aforesaid order
to be entered by the Board pursuant to this stipulation without
further niotice 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 vi ries, 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
immediately upon the granting of such approval.
On March 7, 1942, the Board issued its order revoking its prior
order consolidating cases of July 19, 1941. On March 13, 1942, the
Board issued its order approving the stipulation, making it part
of the record herein, and, pursuant to Article II, Section 36, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, transferring the proceedings to the Board for the purpose
3 Exhibit "C" follows at the end of the Board's Decision
8. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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: I
FINDINGS OF FACT,
I. THE BUSINESS OF THE RESPONDENT
Kansas Explorations, Inc., is a New York corporation, engaged
in the mining, milling, selling, and distributing of lead and zinc.
The respondent operates and maintains mines and mills in the States
of Kansas and Oklahoma and transacts a substantial amount of busi-
ness in the State of Missouri. About 60 percent of the machinery and
materials used by the respondent in the mining and milling of lead
and zinc'come from States other than the States of Kansas and Okla-
homa. Approximately 60 percent of the lead and zinc so mined and
milled is sold and distributed to buyers who distribute and sell into
and through States other than the States of Kansas and Oklahoma.
The total gross sales of the respondent for the year 1941 were in
excess of $500,000.
We find that the above-described operations constitute a con-
tinuous flow of trade, traffic, and commerce among the several States.
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 National
Labor Relations Act, the National Labor Relations Board hereby or-
ders that the respondent, Kansas Explorations, Inc., 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 Mine,.
Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, af-
filiated with the Congress of Industrial Organizations, or any other
KANSAS EXPLORATIONS, INC. 9
labor orpnization 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, affili-
ated 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 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;
(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 Con-
gress,of Industrial Organizations, or any other labor organization of
its employees, or threatening them with discharge or with non-rein-
statement 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 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 employees for
the purpose of dealing with the respondent concerning grievances, la-
bor disputes, wages, rates of pay, hours of employment, or other con-
ditions 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 employ-
ees in an appropriate unit;
I
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(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 rep-
resentatives of their own choosing and to engage in concerted 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 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;
(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,
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 ;
(c) Offer to Fred Scott immediate and full reinstatement to his-
former or substantially equivalent position, without prejudice to'his
seniority and other rights and privileg8s;
(d) Make whole Fred Scott and Logan A. Seckman for any losses
of pay they may have suffered by reason of their discharges, or
discrimination, by payment to Fred Scott of $1,398.84, which is 75%
of the difference between that which he would have earned as wages
from July 5, 1935, to August 1, 1941, and his net earnings during such
period ; and by payment to Mildred Seckman, widow of Logan A.
Seckman (deceased January 8, 1941) of $601.16, which is 75% of the
difference between that which he would have earned as wages from
August 25, 1937, to December 5, 1938, and his net earnings during such
period. The tot.Tl sum of money to be paid. herein is agreed upon as
$2,000.00;
(e) Immediately post notices in conspicuous places throughout its
mines and mills, including, among such places, all bulletin boards
KANSAS EXPLORATIONS, L\ C. 1"1
commonly used by respondent for announcements to'its employees,
stating that Kansas Explorations, Inc., 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), (d), and (e) 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 "C," is attached hereto
and by this reference is made a part hereof;
(f) 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.
EXHIBIT "C"
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 Industrial
Organizations, is not required to obtain or retain employment with
this company.
Kansas Explorations, Inc., a corporation, shall cease and desist
from
1. In any manner dominating or interfering with the administration
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 ;
2. 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-
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 be-
cause 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, affiliated
with the American Federation of Labor, or any other labor organiza-
tion of its employees, or threatening them with discharge or with non-
reinstatement or non-employment if they fail,to join any such labor
organization ;
4. 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 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 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 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 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 Fed-
eration of Labor is certified by the Board as exclusive representative
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 rep-
resentatives of their own choosing and to engage in concerted activities
KANSAS EXPLORATIONiSi, INC. 13
for the purpose of collective bargaining or other 'mutual aid or
protection.
Kansas Explorations , Inc., 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 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 ' exclusive
representative ;
2. Unless and until the Tri -State Metal Mine and Smelter Workers
Union, or the Blue Card Union of Zinc and Lead Aline , 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,
as representative of any of its employees for the purposes 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.' Offer to Fred Scott immediate and full reinstatement to his
former or substantially equivalent position , without prejudice to his
seniority and other rights and privileges;
4. Make whole Fred Scott and Logan A. Seckman for any losses
of pay they may have suffered by reason of their discharges , or dis-
crimination ,,by payment to Fred Scott of $1 ,398.84 , which is 75%0 of
the diffe 'ren'ce between that which he would have earned as wages
from July 5, 1935, to August 1, 1941 , and his net earnings during
such period ; and by payment to Mildred Seckman , .widow of Logan
A.' Seckman ( deceased January 8 , 1941 ) of $601.16 , which is 75% of
the difference between that which he would have earned as wages
from August 25, 1937 , to December 5, 1938, and his net earnings during
such period. The total sum of money to be paid herein is agreed
upon as $2,000.00.
This notice will remain posted for 90 consecutive days and all
. persons -are -warned not to remove or mutilate this notice.
KANSAS EXPLORATIONS, INC.
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Dated :