United Zinc Smelting Corp.

National Labor Relations Board - Board Decisions

Aug 15, 1942

43 N.L.R.B. 237 (N.L.R.B. 1942)

.n,
In the Matter of UNITED ZINC SMELTING CORPORATION, A CORPORATION
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-275. Decided August 15, 1942
Jurisdiction : lead and zinc mining industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Paul Nachtmain and Mr. Clarence D. Musser, for the Board.
Mr. H. W. Lohman, of Moundsville, W. Va., for the respondent.
Mr. Gobel F. Cravens, Mr. Sylvan Bruner, and Mr. Louis N. Wolf,
of Pittsburg, Kans., for the Union.
Mr. Marvin C. Wahl, 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 its Regional Director for the Seventeenth Region (Kansas
City,, Missouri), issued its complaint dated June 5, 1942, against
United Zinc Smelting 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 (3) and Section 2 (6) and (7) of the
National Labor Relations' Act, 49 Stat. 449, herein called the Act.
Copies of the complaint, accompanied by 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) on or about July 5,1935, discharged
and at all times thereafter refused to reemploy six named employees
because of their refusal to become members of the Tri-State Metal
43 N L R. B., No 30
237
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mine and Smelter Workers Union and/or the Blue Card Union of
Zine and, Lead Mine, Mill and Smelter Workers, affiliated with the
American Federation of Labor, labor organizations alleged to have
been dominated by the respondent; and (2) by the foregoing acts
and.by.other specified acts and conduct, has interfered with, restrained;
and coerced its employees in the.exercise of.the rights guaranteed in
Section 7 of the Act. The respondent did not file an answer to the
complaint.
Prior to the scheduled hearing, the respondent, the Union, and
counsel for the Board entered into a stipulation, in settlement of the
case, subject to approval by the Board. The stipulation provides as'
follows :
It is hereby stipulated and agreed by and between United Zinc
Smelting Corporation, 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
Paul Nachtman, Regional Attorney, and Clarence D. Musser,
Attorney, National Labor Relations Board, Seventeenth Region,
as follows :
I
1. On Charges and Amended Charges duly filed by Interna-
tional 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 Reg-
ulations, Series 2, as amended, Article IV, Section 1, issued its
complaint on the 5th day of June, 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 hearing
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, and an affidavit executed by
Joe Nolan, dated July 23, 1941, marked Exhibits "A" and "B",
respectively, copies of each of which are attached hereto and by
UNITED ZINC SMELTING CORPORATION ' 239
this reference made a part hereof, and this stipulation shall con-
stitute 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.
tion'al Labor Relations Board of a Decision and Order based upon
this stipulation, as hereinafter set out.
II
1. Respondent is and has been since 1916 a corporation organ-
ized under and existing by virtue of the la-^vs of the State of New
York. It is licensed to do business in the States of West Virginia,
Missouri and Oklahoma and maintains offices in the city of Joplin,
State of Missouri. Respondent is engaged in the mining, smelting
and refining of lead and zinc and in the manufacture of sulphuric
acid. Respondent operates a smelter and acid plant at Mounds-'
ville, West-Virginia, and operates and maintains mines and mills
in the States of Oklahoma and Missouri where it is engaged in
the mining and milling of lead and zinc. Respondent transacts
a substantial amount of business in the State of Missouri.
2. Respondent, in the course and conduct of its business at or
near Joplin, Missouri and Picher, Oklahoma, mines, mills, sells
and distributes lead and zinc. In excess of 60% 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 Missouri and Oklahoma. A substantial
portion of the zinc produced by Respondent is distributed to its
smelter plant at Moundsville, West Virginia. ' Respondent, in the
year 1941, produced in excess of 3,000 tons- of zinc concentrate
having a value in excess of $150,000. In -excess of 50% of the
machinery and materials used by the Respondent in the mining
and milling of its lead and zinc is received from states other than
the States of Missouri 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 from its mining operations and are
essentially connected with and dependent on purchases , sales,
shipments, and productive and distributive operations outside the
States of Missouri and Oklahoma.
4. Respondent admits that for the purposes of this case only,
that 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.
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III
International Union of Mine, Mill and Smelter Workers, Locals
Nos. 107, 108, and 111, affiliated with the Congress of Indus-
trial Organizations ; the Tri-State Metal Mine and Smelter Work-
ers Union; and the Blue Card Union of Zinc and Lead Mine, Mill
and Smelter Workers, affiliated with the American Federation of
Labor; are , or were, labor organizations within the meaning of
Section 2 (5) of the Act.
IV
The National Labor Relations Board may forthwith enter an
order in the above'-entitled case to the following effect :
Respondent , United Zinc Smelting Corporation , a corporation,
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. or-
ganization 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 No . 15, 17, 107,, 108,
and 111, affiliated with the Congress of Industrial Organizations,
or any other labor organization of its employees , or encouraging
membership in the Tri-State Metal Mine and Smelter Workers
Union, and the Blue Card Union of Zinc and Lead 'Mine, Mill
and Smelter Workers, affiliated with the American Federation
of Labor, or any other labor organization , by discharging or
'refusing to reinstate any of its employees or in any other manner
discriminating ill regard to their hire and tenure of employment
or any term or condition of their employment because of member-
ship 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-employment if
they fail to join any such labor organization;
UNITED ZINC SMELTING CORPORATION 241
(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, 107, 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, Mill and Smelter Workers, affiliatedwith 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 con-
cerning 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 No. 15, 17, 107, 108, and 111, affili-
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'
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 :
I(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;
431039-42-vol 43--16
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(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 Ameri-
can 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 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;
(c) Offer to the employees named,in Schedule "A",' attached
hereto and by this reference made a part hereof, immediate and
full reinstatement to their former or substantially equivalent
positions at the places set out in said Schedule without prejudice
to their seniority and other rights and privileges ;
(d) Make whole'all persons listed in Schedule "A".referred
to above for any loss of pay they may have suffered-by reason of
their discharges or discrimination by payment to each of them
of 'a: sum of money equal to 75°Jo 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 and the net
earnings during such period, which sums have been agreed upon
and set forth in Schedule "A". The total of such sums agreed
upon is $2,404.21.
(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 United Zinc Smelting Corporation, 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 for a period of at least 90 consecutive days from the date
of posting. A copy of this notice, marked Exhibit "C" 2 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,
1 Schedule A is set forth as Appendix A to this Decision and Order
2 Exhibit C is set forth as Appendix B `o this Decision and Order.
'A' UNITED ZINC SMELTING CORPORATION .. 243
in writing within 20 days from the date of this order what steps
the Respondent has taken to comply herewith.
V t
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 appli-
cation 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, 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 imme-
diately upon the granting of such approval.
On July 28, 1942, the Board issued its order approving the stipula-
tion, thaking it a 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
for the purpose of the 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:
FINDINGS OF FACT
0
I. THE BUSINESS OF THE RESPONDENT
The, respondent, United Zinc Smelting Corporation, a NeNv York
corporation, is engaged in the mining, smelting, and refining of lead
and zinc and in the manufacture of sulphuric acid. ' It is licensed to
do business in Missouri, Oklahoma, and West Virginia. In its opera-
tions in Missouri and Oklahoma, the respondent mines, mills, sells, and
distributes lead and zinc. More than 60 percent of such products are
sold and distributed to purchasers who, in turn, sell and distribute
such products in various States of the United States, other than
Missouri and Oklahoma. A substantial portion of zinc produced by
the respondent is shipped to its smelter at Moundsville, West Virginia.
In 1941, the respondent produced in excess of 3,000 tons of zinc con-
centrate, having a value greater than $150,000. More than 50 percent
of the machinery and materials used by the respondent in its operations
in Missouri and Oklahoma are received from other States. For the
0
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purpose of this proceeding the respondent admits that it is engaged in
commerce within the meaning of the Act.
We find that th'e above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that United Zinc Smelting Corporation, Joplin, Mis-
souri, its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any, manner dominating or interfering 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
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, Local Nos. 15, 17, 107,108 and 111, affiliated
with the Congress of Industrial Organizations, or any other labor
organization of its employees, or encouraging membership in the Tri-
State Metal Mine and Smelter Workers Union, and the Blue Card
Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated
with the American Federation of Labor,-or any other labor organiza-
tion, by discharging or refusing to reinstate any of its employees
or in any other manner 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, affil-
iated 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;
UNITED ZINC ,SMELTING CORPORATION 245
(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-
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 Blt e Card Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the American
Federation of Labor, or any other labor organization of -ifs, employ-
ees; 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
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 Federa-
tion 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-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing and to engage in concerted ac-
tivities for the purpose of collective bargaining or other mutual aid
or protection.
2. Take the following affirmative action which the Board finds will
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 Fed-
eration of Labor, or any other labor organization of its employees, as
exclusive representative of its employees in an appropriate unit, un-
246 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
less ,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 rec-
ognition 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 repre-,
sentative 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 recog'
nition is granted to 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;
'(c) Offer to the employees named in Appendix "A" immediate and
full reinstatement to their former or substantially. equivalent posi-
tions at the places set out in said Appendix without prejudice to their
seniority and other rights and privileges;
(d) Make whole all persons listed in Appendix "A" for any loss
of pay' they may have suffered by reason of their discharges or dis-
crimination 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'Appendix and the net earnings during such period, which sums
have been agreed upon and set forth in Appendix "A". The total
of such sums agreed upon is $2.404.21;
(e) Immediately post notices, as set forth in Appendix "B" in con-
spicuous places throughout its mines and mills, including among
such places, all bulletin boards commonly used by the respondent for
announcements to its employees, stating that United Zinc Smelting
Corporation, a corporation, will cease and desist in the manner set
forth in paragraph 1, subdivisions (a), (b), (c), (d), (e), (f), and
(g), and will take the affirmative action set forth in paragraph 2, sub-
divisions (a), (b), (c), and (d) of'this Order, and maintain such no-
tices, for a period of at least ninety (90) consecutive days from the
date of posting; -
(f) Notify the Regional Director for the Seventeenth Region of
the National Labor Relations Board, Kansas City, Missouri, in writ-
ing within twenty (20) days from the date of this Order what steps
the respondent has taken to comply herewith.
I
UNITED ZINC SMELTING CORPORATION
Name
247
APPENDIX A
Location of plant or mill
REINSTATEMENT
Charles Nixon Anderson---------------------
Robert Wilson Jordon------------------------------------------------
Ellery Edward Mitts------------------------------------------------
James Riley Thompson -------------------------------
Bert A Tweedy----------------------- ----------
BACK PAY
Ottawa County, Oklahoma'
Date from July 5, 1935,
,Name Amount to which back pay is
computed
Charles Nixon Anderson__________________________________________ $137 64 August 5; 1936
Robert Wilson Jordon--------------------------------------------- 515 01
Ellery Edward Mitts _--__-_____________________ ----- 251 87
Fred Leroy Tague, by Mrs Fred Leroy Tague, Widow -_-_---_-_ 624 47
James,Riley Thompson--- -------------------------------------- 362 70
Bert A Tweedy- _---___ --------- ---------- ---------------- ---- 512 52
Total ------------- ------------------------------------------ $2, 404 21
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 of Mine, Mill, and Smelter Workers, Locals
Nos. 15, 17, 107, 108, and 111, affiliated with the Congress of Indus-
trial Organizations, is not required to obtain or retain employment
with this company.
United Zinc Smelting Corporation, a corporation, shall cease and
desist from
1. In any manner dominating or interfering 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
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 organ
ization of their employees ;
2. 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 -
labor organization of its employees, or encouraging membership in
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Tri-State Metal Mine and Smelter Workers Union, and the'Blue
Card Union of Zinc and Lead Mine, Mill and Smelter Workers,
affiliated with the American Federation of Labor, or any other labor
organization, by discharging or refusing to reinstate any of its 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;
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, af-
filiated 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 re-
frain from joining the International Union of, Mine, Mill and Smelter
Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Con-
gress of. Industrial Organizations, or any other labor organization
of its employees, or threatening them with discharge or with non-
reinstatement or non-employment if they join any such labor
organization ;
5. Recognizing or'in any manner dealing with the Tri-State Metal
Mirie 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 Amer-
ican 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,
'UNITED ZINC SMELTING CORPORATION .249
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.
United Ziiic Smelting Corporation , 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 Smel
-ter 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; o
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 ,ith 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 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 sim-
ilar recognition is granted to the International Union of Mine, Mill
and Smelter Workers, Locals No. 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 reinstate-
ment to their former or substantially equivalent positions at the
places set out in said Schedule without prejudice to their seniority
and other rights and privileges ;
4. Make whole all persons listed in Schedule "A" referred to above
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 %0 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, and the net earnings during such period,
which sums have been agreed upon and set forth in Schedule "A".
The total of such sums agreed upon is $2404.21.
This notice will remain posted for 90 consecutive days and all
persons are warned not to remove or mutilate this notice.
UNITED ZINC SMELTING CORPORATION , A CORPORATION,
By /s/ H . W. LOHMAN, Pres.
Date :