Mid-Continent Lead & Zinc Co.

National Labor Relations Board - Board Decisions

Aug 8, 1942

42 N.L.R.B. 1309 (N.L.R.B. 1942)

In the Matter Of MID -CONTINENT LEAD & ZINC ' COMPANY, A CORPORA-
TION 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-2273 Decided August 8, 1942
Jurisdiction : lead and zinc mining industiy
Settlement : stipulation providing foi compliance with the Act
Remedial Orders: entered on stipulation
Mr. Clarence D Musser, for the $oard.
Mr. Loyd E. Roberts, for the respondent.
Mr. Gobel F Cravens, Mr. Sylvan Bruner, and Mr Louis 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 8, 1942,
against Mid-Continent Lead & Zinc Company, a corporation, Joplin,
Missouri, herein called the respondent, alleging that the respondent
had engaged in and was engaging in unfair labor practices affecting
commerce within the meaning of Section 8, (1) and (?) and Section
2 (6) and (7) of the National Labor Relations Act. 49 Stat. 449,
herein called the Act Copies of the complaint and notice of hearing
were duly served upon the respondent and the Union
Concerning the unfair labor practices, the complaint alleged in
substance that the respondent (1) , discharged 15 named employees
because of their membership in and activity on behalf of the Union
and their refusal to join, assist, or support the so-called Tri-State
1 3 ,
1309
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union or the so-called Blue Card Union and has since refused to
employ them unless they became membei s of the Tri-State Union
or the Blue Caid Union, and (2) by the foregoing acts and by urg-
ing, persuading, warning, and coercing its employees to join the
Tri-State Union or the Blue Caid Union and not to loin or continue
their membership in and activities on behalf of the Union and by
permitting officers and agents of the Tii-State Union or the Blue
Card Union to engage during working hQurs in activities on 'behalf
of the said organizations while refusing to giant similar privileges
to the Union, interfered v ith, i estrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act
On July 17, 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 Mid-Continent
Lead & Zinc Company, a corporation, hereinafter referred to as
the Respondent, by its attorney, Loyd E Roberts; 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 Gobel
F Cravens, International Representative, and Sylvan Bruner
and Louis N Wolf, its attorneys, and Clarence D. Musser, At-
torney, National Labor Relations Board, Seventeenth Region,
as follows.
1 On Charges and Amended Charges duly filed by Inter -
national.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 pusuant 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 and notice of hearing on the 8th day of July,
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
said complaint or other pleadings ; waives its right to a hear mg
on the complaint and notice of hearing and 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,
MID-CONTINENT LEAD & ZINC COMPANY
and expressly stipulates that the charges, amended charges, the
complaint and notice of healing, an affidavit executed by F. W.
Evans, dated July 23, 1941, and an affidavit executed by Joe
Nolan, dated July 23, 1941, marked Exhibits "A" and "B" re-
spectively, 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) 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 Laboi Relations Board of a Decision and Order based
upon the stipulation, as hereinafter set out.
II
1 Respondent is and at all tines material hereto has been
a Delaware corporation authorized to do.business in the State
of Missouri, Oklahoma and Kansas, and having its office and
principal place of business in the city of Joplin, State of Mis-
souri. Respondent transacts a substantial amount of business in
the State of Missouri
2 Respondent from Jul-, 5, 1935 to May 10, 1941, was engaged
in the business of mining and selling lead and zinc mineralized
rock in the State of Oklahoma and Kansas, and during that pe-
riod had annual gross sales in excess of $200,000 Since May 10,
1941, the Respondent has engaged in the business of receiving
'rents and royalties upon the lead and zinc mining leases owned
by it A substantial portion of the lead and zinc mineralized
rock produced from the leases of the Respondent is sold and by
the purchaser distributed and sold throughout the United States.
3. Respondent admits that for the purposes of this case only
that it is engaged in and its operations affect interstate com-
merce within the meaning of Section 2 (6) and (7) of the Na-
tional Labor Relations Act.
III
International Union of Mine, Mill and Smelter Workers,
Locals Nos 15, 17, 107, 108, and 111, affiliated with the Congress
of Industrial` Organizations, the Tri-State Metal Mine and
Smelter Workers Union, and the Blue Card Union of Zinc and
Lead Mile, Mill and Smelter Workers, affiliated with the Amer-
ican Federation of Labor, are, of were, labor organizations with-
in the meaning of Section 2 (5) of the Act.
c
'Exhibits "A" and "B" are set forth as Appendix C to this Decision and Ordei
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV
The National Labor' Relations Board may forthwith enter an
order in the above-entitled case to the following effect :
Respondent, Mid-Continent Lead & Zinc Company, a corpora-
tion, 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 laboi 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 terns or condition of their employment because of mem-
bership or activity in connection with any such labor
organization;
(b) Urging, persuading, warning, or coercing its employees to
o join the Tri-State Metal Mine and Smelter Workers Union, or the
Blue Card Union of Zinc and Lead Mine, Mill and Smelter Work-
ers, affiliated with the American Federation of Labor, or any other
labor organization of its employees, or threatening them with
discharge or with non-reinstatement or non-employment if they
fail to join any such labor organization;
(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 them with discharge
or with non-reinstatement or non-employment if they join any
such labor organization;
(d) In any other manner interfering with, restraining, or,co-
ercing its employees in the exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain collec-
tively 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 poli-
cies of the Act.
(a) Make whole the persons named in Schedule "A" 2 hereto
attached and by this reference made a part hereof, for any loss of
3 Schedule "A" is set forth as Appendix A to this Decision and Oider
a
MID-CONTINENT LEAD , & ZINC COMPANY ,,, , 1313,
pay they may have suffered by reason of their discharge _or dis-
ciimmation , by payment to each of them a sum of money equal to
the difference between that which each would have earned as
wages from July 5 , 1935 to May 10, 1941 ( the date Respondent
ceased active mining operations ), and their net earnings during
such period, which sums have been computed and set after their
names in the aforesaid Schedule "A",
(b) Immediately post notices in conspicuous places upon its
mining leases, including, among such places, all bulletin boards
commonly used by Respondent for announcements to its em-
ployees, stating that Mid-Continent Lead & Zinc Company, a cor-
poration , 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 foi a peiiod of at least 90 consecutive
days noun the date of posting A copy of this notice, marked
Exhibit "C",' is attached heieto and by this reference is made a
part hereof;
(c) Notify the Regional Dnector 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 heiewith
And it is further ordered that the complaint be and it is hereby
dismissed in so far as it alleges that the respondent has discrimin-
ated in regard to the line and tenure of employment of Glen
Chapin, A B Hall and James Thompson
It is fuither stipulated and agreed by and between the parties
hereto as follows -
1 That the Respondent herein consents to the entry by an
appiopriate United States Circuit Court'of Appeals, upon appli-
cation by the Board, of a decree enforcing the order to be entered
by the Boai cl pursuant to this stipulation without further notice'
of said application;
2 That the entire agreement is contained within the terms of
this stipulation and there is no verbal or other agreement of any
kind which varies, alters, detracts , or adds to this stipulation and
said decree;
3' That this stipulation is subject to the approval of the Na-
tional Labor Relations Board and shall become effective immedi-
ately upon the gi anting of such approval
On July 24, 1942, the Board issued an order approving the above
stipulation, making it a part of the record and, pursuant to Article II,
Section 36 , of National Labor Relations Board Rules and Regula-
s Exhibit "C" is set forth 2s Appendix B to this Decision and Oidei
472814-42-N of 42-83
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions-Series 2, as amended ,.transferrnig the proceeding to the 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 BUSINESS OF THE RESPONDENT
Mid-Continent Lead & Zinc Company, a Delaware coiporation
authorized to do business in the States of Missouri , Oklahoma, and
Kansas, and having its office and principal place of business in Joplin,
Missouri , was from July 5, 1935 , to May 10, 1941, engaged in the busi-
ness of mining and selling lead and zinc mineralized rock in Oklahoma
and Kansas During that peiiod the value of its annual gross sales
exceeded $200,000 Since May 1941 the iespondent has engaged in
the business of receiving Tents and royalties upon the lead and zinc
mining leases owned by it A substantial portion of the lead and
zinc mineralized rock produced from the properties leased by the
respondent is sold by it to purchasers who distribute and sell such
products throughout the United States The respondent admits for
the purposes of this proceeding that it is engaged in operations affect-
ing commerce within the meaning of the Act.
We find that the above -described operations affect the flow of trade,
traffic, and commerce among the several States
ORDER
I
Upon the basis of the above findings of fact, stipulation , and the
entire iecord in the case , and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent, Mid-Continent Lead & Zinc Company, a
corporation , Joplin, Missouri, and its officers , agents, successors, and
assigns, shall:
1 Cease and desist from :
(a) Discouraging membership in the International Union of Mine,
Mill and Smelter Woikers, Locals Nos 15, 17, 107, 108 , and 111,
affiliated with the Congiess of Industrial Organizations , or any other
labor organization of its employees , or encouraging membership in the
Tri-State Metal Mine and Smelter Workers Union , and the Blue Card
Union of Zinc and Lead Mine , Mill and Smelter Workers, affiliated
with the American Federation of Labor, or any other labor organiza-
tion, by discharging or refusing to reinstate any of its employees or in
any other manner discriminating in regard to their hire and tenure
_Vj
MID-CONTINENT LEAD & ZINC COMPANY 1315
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`
loin the Tii-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-ieinstatement or non-employment 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 them with discharge
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-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) Make whole the persons named in Schedule "A'14 hereto at-
tached and by this reference made a part hereof, for any loss of pay
they may have suffered by reason of their discharge or discrimina-
tion, by payment to each of them a sum of money equal to the differ-
ence between that which each would have earned as wages from July
5, 1935 to May 10, ,1941 (the date Respondent ceased active mining
operations), and their net earnings during such period, which sums
have been computed and set after their names in the aforesaid
Schedule "A";
(b) Immediately post notices in conspicuous places upon its mm-
ing leases, including, among such places, all bulletin boards commonly
used by Respondent for announcements to its employees, stating that
Mid-Continent Lead & Zinc Company, a corporation, 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.
4 See footnote 2, sup>a
1316 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A copy of this notice, marked Exhibit "C",5 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 wait-
ing within 20 days from the date of this order what steps the Re-
spondent has taken to comply hei6jvith
And it is fuither ordered that the complaint be and it is hereby
dismissed in so far as it alleges that the respondent has discriminated
in regard to the hire and tenure of employment of Glen Chapin,
A B Hall and James Thompson
APPENDIX A
SCHEDULE A OF STIPULATION
1 Flank John Aimstrong----------------------------------------- $1,523 00
2 Ted Buikhaidt------------------------------------------------ 592 00
3 Claienee Jeffry Chilton---------------------------------------- 926 00
4 Jess Oliver Ditson--------------------------------------------- 870 00
5 Homer Duede------------------------------------------------- 872 00
6 James Samuel Leuty------------------------------------------- 1,C02 00
7 Flank Craig Leuty-------------------------------------------- 1,008 00
8 John Allen McAhstei------------------------------------------ , 981 00
9 James Adrian McDonald--------------------------------------- 871 00
10 William Ailie McDonald--------------------------------------- 1, 519 00
11 Frank E Oliphant--------------------------------------------- 1,502 00
12 James Rollie Smith-------------------------------------------- 1,006 00
Total------------------------------------------------------- 12,672 00
APPENDIX B
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 Mine, Mill and Smelter Works, Locals Nos 15,
17, 107, 108, and 111, affiliated with the Congress of Industrial Or-
ganizations, is not required to obtain or retain employment with
this company
Mid-Continent Lead & Zinc Company, a corporation, shall cease
and desist from
1 Discouraging membership in the International Union of Mine,
Mill and Smelter Woikers, Locals Nos 15, 17, 107, 108, and 111, affili-
ated with the Congress of Industrial Organizations, or any other labor
5 See footnote 3, supra
MID-CONTINENT LEAD & ZINC COMPANY 1317
organization of its employees , of encouraging member ship 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 organi-
zation, by discharging or Iefusing to ieinstate any of its employees
or in any other manner discriminating in regard to their hire and
tenure of employment or any term or condition of their employment
because of membeiship or activity in connection with any such labor
organization,
2 Uigmg, 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 Laboi, of any other labor
organization of its employees, of threatening them with discharge
or with non-Iernstatement or non-employment in they fail to join
any such labor organization;
3., Urging, persuading, warning, or coercing its employees to re-
frain from joining the International Union of Mine, Mill and Smelter
Workers, Locals Nos 15, 17 , 107, 108, and 111, affiliated with the
Congress of Industrial Organizations , or any other labor organiza-
tion of its employees , or threatening them with discharge or with
non-reinstatement or non-employment if they join any such labor
organization ;
4. In any other manner inteifeiing with , restraining , or coercing
its employees in the exercise of the right to self-organization , to form,
join, or assist labor oiganrzations , 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
Mid-Continent Lead & Zinc Company , a' corporation, shall take
the following affirmative action to effectuate the policies of the Act:
1 Make whole the pei sons named in Schedule "A" hereto attached
and by this reference made a part hereof, for any loss of pay they
may have suffered by reason of their discharge or discrimination, by
payment to each of them a sum of money equal to the difference
between that which each would have earned as wages from July 5,
1935 to May 10, 1941 ( the date Respondent ceased active mining
operations ), and their net earnings during such period, which sums
have been computed and set after their names in the aforesaid
Schedule "A"
This notice will remain posted for 90 consecutive days and all per-
sons are wained not to remove or mutilate this notice
MID-CONTINENT LEAD & ZINC COMPANY,
A CORPORATION
By -------------------------- ---------
1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX C
Exnmrr A
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
Mining & Smelting Company and Eagle-Picher Lead Company and
International 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 referred to in the aforementioned case
(C-73) as enforced by the Circuit Court of Appeals for the Eighth
Circuit was dissolved about April 14, 1937 by formal 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.
Subscribed and sworn to before me this 23 day of July, 1941.
My commission expires January 7, 1944.
(Signed) THELMA I FORSHEE,
Notary Public.
Signature (Deceased) 7
Vice President.
Subscribed 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 swoin to before me this 25th day of July, 1941.
My commission expires May 11, 1945.
(Signed) F. A. PAGE,
Notary Public.
MID-CONTINENT LEAD & ZINC COMPANY 1319
ExHrBrT B
AFFIDAVIT
STATE OF OKLAHOMA,
County of Ottawa, ss:
Joe Nolan, being first duly sworn, iipon 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 Mining &
Smelting Company and Eagle-Picher Lead Company and Interna-
tional 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 officers
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.