Lawyers Lead and Zinc Co.

National Labor Relations Board - Board Decisions

Aug 8, 1942

42 N.L.R.B. 1320 (N.L.R.B. 1942)

In the Matter of LAWYERS LEAD AND ZINC COMPANY, A CORPORATION
and INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,
LOCALS Nos 15, 17, 107, 108 AND 111, AFFILIATED WITH THE CON-
GRESS OF INDUSTRIAL ORGANIZATIONS
Case No C-22272-Decided August 8, 1942
Jurisdiction : lead and zinc mining, processing, and distiibuting industry
Settlement : stipulation providing for compliance Frith the Act
Remedial Orders : entered on stipulation
Mr Clarence D Musser, for the Board
Mr Harry Campbell, for the respondent
Mr Gobel F Cravens, Mr Sylvan Brener, and Mr Lows N Wolf,
for the Union
Mr Ben Law, of counsel to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE •
Upon 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, herein called
the Board, by the Regional Director for the Seventeenth Region
(Kansas City, Missouri), issued its complaint dated July 11, 1942,
against Lawyers Lead and Zinc Company, a corporation, Picher,
Oklahoma, 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, 49 Stat. 449,
herein called the Act. Copies of the complaint 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 Tri-State Metal Mine and
Smelter Workers Union, herein called Tri-State, and Blue Card
42N L R B, No 241
1320
LAWYERS LEAD AND ZINC COMPANY 1321
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 and iefusing to employ Cecil Canady, Wil'
Liam C Huffman, William Leroy Hile, David L Williams, Harry
Williams, and William H Williams unless they became members of
Tri-State or the Blue Caid Union, (2) dominated and interfereu
with the, administration of, and contributed support to, Tri-State
and the Blue Card Union, (3) since July 5, 1935, uiged, persuaded,
warned and coerced its employees to join Tri-State and the Blue
Card Union and-not to join the Union, (4) between July 5, 1935,
and June 4, 1938, recognized, bargained, and entered into a contract
with Tri-State and the Blue Cai d Union although the said unions
were not the free and legal representatives of the respondent's em-
ployees, within the meaning of Section 9 and the proviso of Section
8 (3) of the Act, and (5) by all the foregoing acts, interfered
with, restrained, and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act.
On July 18, 1942, the respondent, the Union, and counsel for the
Board entered into a stipulation in settlement of the case The stipu-
lation provides as follows
It is hereby stipulated and agreed by and between Lawyers
Lead and Zinc Company, a corporation, hereinafter referred to
as "Respondent", International Union of Mine, Mill and
Smelter Woikeis, Locals Nos 15, 17, 107, 108 and 111, affiliated
with the Congress of Industrial Organizations, hereinafter ie-
ferred to as the "International Union", by their respective rep-
resentatives and attorneys, and Clarence D. Musser, Attorney,
National Labor Relations Board, Seventeenth Region, as fol-
lows :
I
1. On chaiges and amended charges duly filed by the Inter-
national Union, 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 11th day of July, 1942,
against Respondent herein.
2. (a) Respondent hereby acknowledges service of a copy of
the aforesaid complaint.
(b) The Respondent expressly waives its right to file answers
to said complaint or other pleadings; waives its right to a hear-
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 stip-
ulates that the charges, amended charges,, the complaint, an
affidavit executed by F. W Evans, dated July 23, 1941, an affi-
davit 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
stipulation shall constitute the record in this matter
(c) The Respondent waives the making of findings of fact
and conclusions of law by the National Labor Relations Board
(d) The Respondent expressly consents to the issuance by the
National Labor Relations Board-of a Decision and Order based
upon this stipulation, as hereinafter set out
II
1. Respondent is and has been since 1933 a corporation
organized under and existing by virtue of the laws of the State of
Oklahoma, having general offices and a place of business in the
City of Picker, County of Ottawa, State of Oklahoma, where
it operates and maintains mines which are engaged in the mining
and processing of lead, zinc and other minerals Respondent
,transacts a substantial amount , of business in the State of
Missouri
2 Respondent, in the course and conduct of its business, at the
place of business aforesaid, mines, processes, sells and distributes
lead, zinc and other minerals Approximately seventy percent
(70%) of the lead, zinc and other minerals so mined and proc-
essed is sold and distributed to buyers who distribute and sell
into and through states of the United States other than the
State of Oklahoma The total gross sales of Respondent for the
year 1941 were in excess of $180,000 00. Approximately seventy
percent (70%) of the machinery and materials used by the
Respondent in the mining and processing of its lead, zinc and
other minerals is received from states other than the State of
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 mining operations and
are essentially connected with and dependent on purchases, sales,
I Exhibits "A" and "B' are set forth as Appendix C to this Decision and Order
0
t
LAWYERS LEAD AND ZINC COMPANY 1323
shipments, and productive and distributive operations outside
the State of Oklahoma.
4 Respondent is engaged in and its operations affect inter-
state commerce within the meaning of Section 2 (6) and (7) of
the National Labor Relations Act
III
1 The Inteinational Union; the Tri-State Metal Mine and
Smelter Workers Union, hereinafter referred to as the "Tri-
State Union"; and the Blue Card Union of Zinc and Lead Mine,
Mill and Smelter Workers, affiliated with the American Feder-
ation of Labor, hereinafter referred to as the "Blue Card Union";
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, Lawyers Lead and Zinc Company, a corporation,
its officers, agents, successors and assigns, shall
1- Cease and desist from :
(a) In any manner dominating or interfering with the admin-
istration of the Tri-State Union and/or Blue Card Union, or the
formation or administration of any other labor organization of
their employees, or contributing financial or other support to the
Tri-State Union and/or the Blue Card Union or any other labor
organization of their employees;
(b) Discouraging membership in the International Union or
any other labor organization of its employees, or encouraging
membership in the Tri-State Union and/or the Blue Card Union,
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;
(c) Urging, persuading, warning or coercing its employees
to join the Tri-State Union and/or the Blue Card Union, 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
refrain from joining the International Union or any other labor
organization of its employees, or threatening them with discharge
1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of which non-reinstatement or non-employment if they join any
such labor organization;
(e) Recognizing or in any manner dealing with the'Tri-State
Union and/or the BluwCard Union, 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
Union and/or the Blue Card Union, as representative of any of
its employees for the puipose 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, or unless and
until the Tri-State Union and/or the Blue Card Union is cer-
tified 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-organi-
zation, 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) Withhold recognition from the Tri-State Union and/or
the Blue Card Union, or any other labor organization of its em-
ployees, 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 Union and/or the Blue Card
Union is certified by the Board as such exclusive representative,
withhold recognition from the Tri-State Union and/or the Blue
Card Union 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 Inter-
national Union;
(c) Offer to the employees named in Schedule "A" 2 attached
hereto and by this ieference made a part hereof, immediate and
full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority and other rights
and privileges ;
(d) Make whole all persons listed in Schedule "A" above re-
ferred to for any loss of pay they may have suffered by reason of
2 Schedule "A" is set forth ns Appendix A to this Decision and 01 der
LAWYERS LEAD AND ZINC COMPANY 1325
their discharges, or discrimination, by payment to each of them
of a sum of money equal to 75% of the difference between that
which each would have earned as wages from July 5, 1935 to the
dates appearing after their names in said Schedule "A", and the
net earnings during such period These sums have been com-
puted in the amounts appearing after the names of each of the
persons listed in said Schedule "A". The total of such sums
agreed upon is $6,270 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 Lawyers Lead and Zinc Company, a cor-
poration, 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),
t(c), (d) and (e) of this order, and maintain such notices for a
period of at least ninety (90) consecutive days from the date of
posting A copy of this notice, marked Exhibit "C" 3 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 twenty (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 ap-
propriate United States Circuit Court of Appeals, upon applica-
tion 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, alteis, detracts, or adds to this stipulation and
said decree
3 That this stipulation is subject'to the approval of the Na-
tional Labor Regulations Board and shall become effective im-
mediately upon the granting of such approval
On July 24, 1942, the Board issued an order approving the above
stipulation, making it 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
Exhibit "C" is set forth as Appendix B to this Decision and Order
0
1326 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the purpose of entering a decision and order pursuant to the
provisions of the stipulation.
On the basis of the above stipulation and upon the entire record in
the case, the Board makes the following •
FINDINGS OF FACT
I THE PUSINESS OF THE RESPONDENT
Lawyers Lead and Zinc Company, an Oklahoma corporation hav-
ing its general offices and place of business in Picher, Oklahoma, is
engaged in the mining, processing, sale and distribution of lead,
zinc, and other minerals. About 70 percent of the machinery used by
the respondent in its operations is received from States other than
Oklahoma In 1941 the iespondent's gross sales were in excess of
$180,000 The respondent sells about 70 percent of the mineral'prod-
ucts it produces to buyers who distribute and sell such products in
and through States other than Oklahoma. The respondent admits
that its operations are in and affect commerce within the meaning
of the Act
We find that the above-described operations of the respondent con-
stitute a continuous 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 puisuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Lawyers Lead and Zinc Com-
pany, a corporation, Picher, Oklahoma, and its officers, agents, suc-
cessors, aid assigns, shall:
1. Cease and desist from :
(a) In any manner dominating or interfering with the admin-
istration of the Tri-State Union and/or Blue Card Union, or the
formation or administration of any other labor organization of their
employees, or contributing financial or other support to the Tri-State
Union and/or the Blue Card Union or any other labor organization of
their employees;
(h) Discouraging membership in the International Union or'any
other labor organization of its employees, or encouraging membership
in the Tri-State Union and/or the Blue' Card Union, 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 tenuie of employment or any term or condition of their
employment because of member ship or activity in connection with
any such labor organization;
0
LAWYERS LEAD AND ZINC COMPANY 1327
(c) Urging, persuading, warning or coercing its employees to join
the Tri-State Union and/or the Blue Card Union, 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 or any other labor organ-
ization 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 Union
and/or the Blue Card Union, or any other labor organization of its
employees, as exclusive representative of itsy employees in an appro-
priate 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 Union
and/or the Blue Card Union 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, or unless and until the Tri-State Union and/or
the Blue,Card Union is certified.by the Board as exclusive representa-
tive 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 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 Tri-State Union and/or the Blue
Card Union, 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 Union and/or the Blue Card
Union is certified by the Board as such exclusive representative, with-
hold recognition from the Tri-State Union and/or the Blue Card
Union 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 ;
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
" (c) Offer to the employees named in Schedule "A" 4 attached hereto
and by this reference made a part hereof, immediate and full rein-
statement'to their former, or substantially equivalent positions, without
prejudice to their seniority and other rights and piivileges,
(d) Make whole all persons listed in Schedule "A" above referred
toifor any loss of pay they may have suffered by reason of then dis-
charges, or discrimination, by payment to each of them of a sum of
money equal to 75% of the diffeience between that which each would
have earned as wages from July 5, 1935 to the,dates appealing after
their naives in said Schedule "A", and the net earnings,during such
period These sums have been computed in the amounts appearing
after the names of each of the persons listed in said Schedule "A"
The total of such sums agreed upon is $6,270 00
(e) 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 Lawyers Lead and Zinc 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), (d) and (e) of this
order, and maintain such notices foi a peiiod of at least ninety (90)
consecutive days from the date of posting A copy of this notice,
marked Exhibit "C" 5 is attached hereto and by this reference is made
a part hereof
(f) Notify the Regional Directoi for the Seventeenth Region of the
National Labor Relations Board, Kansas City, Missouii, in writing
within twenty (20) days from the date of this order what steps the
Respondent has taken to comply herewith
APPENDIX A
SCHEDULE "A" STIPULATION
REINSTATEMENT
Name
1 Cecil Canady
2 William Leroy Hile
3 William C Huffman
4 David L Williams
5 William H Williams
• See footnote 2, supra
6 See footnote 3, supra
LAWYERS LEAD AND 'ZINC COMPANY -
BACK PAY
Name Amount
1329
Date from
July 5, 1935,
to which
back pa', is'
computed
1 Cecil Canady- ---------- ------------------------ -------------------------- $1 145 Aug 1,1941
2 William Leroy Hilo -------------------------------------------------------- 1,145 Aug 1, 1941
3 William C Huffman------------------------------------------------------- 1, 145 Aug 1, 1941
4 David L Williams----------------------- ------ ------- 1 145
Aug 1 1941
5 Harry Williams, by Ruth Williams, widow -------------------- !------------ 545 Dec 30,1938
6 William H Williams--------------------------------------------- --------- 1, 145 Au" 1, 1941,
Total-------------------------------------------------------------------- 6, 270
APPENDIX B
NOTICE
Membership in Tri-State Metal Mme and Smeltei Workers
Union, or the Blue Card Union of Zinc and Lead Mine, Mill and
Smelter Workei s, affiliated with the American Fedei ation of Labor,
or in any other labor organization of its employees, or non-member-
ship in International Union of Mine, Mill and Smeltei Woikers,
Locals Nos 15, 17, 107, 108, and 111, affiliated with the Congress of
Industrial Organizations, is not i equired to obtain of retain employ-
ment with this company
Lawyers Lead and Zinc Company, a coiporation, shall cease and
desist from
1 In any manner dominating of inter. fei ing with the administra-
tion of the Tri-State Metal Mine and Smelter Workers Union, and
the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Work-
ers, affiliated with the American Federation of Labor, or the forma-
tion or administration of any other labor organization of its
employees, of contl ibuting financial of 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, 01 any other labor organization of
its 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, of encouraging membership in
the Tri-State Metal Mine and Smelter Woikers Union, and the Blue
Caid Union of Zinc and Lead Mine, Mill and Smelter Workers,
affiliated with the American Federation of Labor., of any other labor
organization, by discharging or iefusurg to reinstate any of its em-
472814-42-N of 42--84
D
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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;
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 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 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
organization;
5 Recognizing or in any manner dealing with the Tri-State Metal
Mine and Smelter Workers Union, the Blue Caid 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 Won kegs Union, the Blue Card Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the American
Federation of Labor, as repiesentative of any of its employees for the
purpose of dealing with the respondent concerning grievances, labor
disputes, wages, rate of pay, hours of employment or other conditions
of employment, unless similar recognition is gi. anted to, the Inter-
national Union of Mine, Mill and Smelter Workers, Locals Nos. 15,
17, 107, 108 and 111, affiliated with the Congress of Industrial Or-
ganizations, 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 it certified by the Board as exclusive iepresentative of its em-
ployees in an appropriate unit;
7 In any other manner intei fei nng with, resti aming, or coercing
its employees in the exercise of the iight to self-organization, to form,
join, or assist labor organizations, to bargain collectively through rep-
iesentatives of then own choosing and to engage in concerted activi-
,LAWYERS LEAD AND ZINC COMPANY 1331
ties for the purpose of collective bargaining or other mutual aid
or protection.
Lawyers Lead and Zinc 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 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 Boaid 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 tabor,
is certified by the Board as such exclusive representative, withhold
recognition fiom 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 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;
3. Offer to the employees named in Schedule "A" attached hereto
and by this reference made a part hereof, immediate and full rein-
statement to their former or substantially equivalent positions, with-
out prejudice to their seniority and other nights and privileges;
4. Make whole all pei sons listed in Schedule "A" above referred
to for any loss of pay they may have suffered by reason of their dis-
charges, or discrimination, by payment to each of them of a sum of
money equal to 75% of the diffeience between that which each would
have earned as wages fiom July 5, 1935 to the dates appearing after
their names in said Schedule "A", and the net earnings during such
period These sums have been computed in the amounts appearing
after the names of each of the persons listed in said Schedule "A".
The total of such sums agreed upon is $6,270 00.
This notice will remain posted for 90 consecutive days and all per-
sons are warned not to remove of mutilate this notice.
LAWYERS LEAD AND ZINC COMPANY, A CORPORATION
Date :
-----------------------------------------------
1332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX C
AFFIDAVIT
STATE OF OKLAHOMA,
County of Ottawa, ss :
F. W "Mike" Evans, being first duly sworn, upon his oath states
that he is the same person mentioned in the Decision-and Order of the
National Labor Relations Board In the Matter of Eagle-Picher Min-
ing & Smelting Company and Eagle-Picher Lead Company and In-
ternational Union of Mine, Mill & Smelter Workers Locals Nos 15,
17, 107, 108, and 111 known as Case No C-73
Affiant further states that the Tri-State Mine, Mill and Smelter
Workers Union which is refereed to in the afoiementioned case (C-73)
as enforced by the Circuit Court of Appeals for the Eighth Circuit y
was dissolved about April 14, 1937 by foimal action of its Board of
Directors and that he was the last president of the Tri-State Mine, Mill
and Smelter Workers Union and the following named persons were
the last officers ,
Signature (Signed) F. W EVANS,
President
Subsceebed and sworn to before me this 23 day of July, 1941 My
commission expii es January 7th, 1944
(Signed) THELMAI FORSHEE,
- Notary Public.
Signature (Deceased)
Vice President
Subsceebed and sworn to before me this day of ____________, 1941.
My commission expires ________________, 194__
Notary Public
Signature (Signed) G A HICKMAN,
Secretary and Treasurer
STATE OF MISSOURI,
County of Jasper, ss
Subscribed and sworn to before me this 25th day of July, 1941 My
commission expires May 11, 1945
(Signed) F A PAGE,
Notary Public
AFFIDAVIT
STATE OF OKLAHOMA,
County of Ottawa, ss:
Joe Nolan, being first duly sworn, upon his oath states that he is the
same person mentioned in the Decision acid Order of the National
Labor Relations Board In the Matter of Eagle-Picher Mining &
LAWYERS LEAD AND ZINC COMPANY 1333
Smelting Company and Eagle-Picher Lead Company and Inter-
national Union of Mine, Mill and Smelter Workers, Locals Nos. 15,
17, 107, 108, and 111, known as Case' No C-73.
Affiant further states that The Blue Card Union of Zinc and Lead,
Mine, Mill and Smelter Workers affiliated with the -A F of L, which
is referred to in the aforementioned case (C-73) as enforced' by the
Circuit Court of Appeals for the Eighth Circuit was dissolved about
June 14, 1938 by formal action of its Board of Directors and that he
was the last president of The Blue Card Union of Zinc and Lead,
Mine, Mill and Smelter Workers affiliated with the A. F of L and the
following named persons were the last officeis.
Signature (Signed) JOE NOLAN,
President
Subscribed and sworn to before me this 23 day of July, 1941
My commission expires January 7th, 1944
(Signed) THELMA I FORSHEE,
Notary Public
Signature (Signed) Roy WooD,
Vice President.
Subscribed and sworn to before me this 25th day of July, 1941
'My commission expires May 11, 1945.
(Signed) F A PAGE,
Notary Public.
Signature (Signed) G. A HICKMAN,
Secretary and Treasurer
STATE OF MISSOURI,
County of Jasper, ss:
Subscribed and sworn to before me this 25th day of July, 1941
My commission expires May 11, 1945
(Signed) F A PAGE,
Notary Public