Beck Mining CompanyDownload PDFNational Labor Relations Board - Board DecisionsSep 11, 194243 N.L.R.B. 1248 (N.L.R.B. 1942) Copy Citation In the Matter of BECK MINING COMPANY, A CORPORATION alYtlLl INTER- NATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,'LOCALS NOS. 15, 17, 107, 108, and 111, AFFILIATED WITH THE CONGRESS OF INDUS- TRIAL ORGANIZATIONS Case No. C-2298.-Decided September 11, 1942 Jurisdiction : lead mining and milling industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Practice and Procedure : pursuant to stipulation, complaint dismissed insofar as it alleged discrimination against a named individual. Mr. Paul Nachtman and Mr. Clarence D. Musser, for the Board. Mr. Ray McNaughton, for the respondent. Mr. Gobel F. Cravens', Mr. Sylvan Bruner, and Mr. Louis; N. Wolf, of Pittsburg, Kans., for the Union. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND' ORDER STATEMENT OF THE CASE Upon an amended charge 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 April 28, 1942, against Beck Mining Company, Miami, Oklahoma, herein called the respond- ent, 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 (0) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint was duly served upon the respondent. Concerning the unfair labor practices, the complaint alleged in sub- stance : (1) that after July 5, 1935, the respondent discharged and re- fused to reinstate E. R. Patterson and.Ottis Collins because of their 43 N. L. R. B., No 199. 1248 BECK MINING ' COMPANY, A CORPORATION 1249 refusal to become members of Tri-State Metal Mine and Smelter Workers Union and/or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the American Federation of Labor, both of which are labor organizations alleged to have been dominated tnd supported by the respondent ; and (2 ) that, by the foregoing acts and by other specified acts and conduct , the respondent 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. On July 25,1942, prior to a hearing on the complaint , the respond- ent, the Union , and representatives of the Board entered'into a stipula- tion in settlement of the case , subject to the approval of the Board. The stipulation provides as follows : It is hereby , stipulated and agreed by and between Beck Mining Company, a corporation , hereinafter referred to as the Respond- ent; 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 Nacht- man, 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 WTorkers, 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 Regu- lations, Series 2, as amended, Article IV, Section 1, issued its complaint on the 28th day of April, 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'aflidavit executed by F. W. Evans, dated July 23, 1941, and an affidavit executed by 481039-42-vol. 43--79 1250 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD 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) 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 Labor Relations Board of a Decision and Order based upon this stipulation, as hereinafter set out. II 1. Respondent is and has been at all times material hereto a corporation organized under and existing by virtue of the laws of the State of Delaware. It is licensed to do business in the States of Kansas and Oklahoma and maintains offices in the city of Miami, State of Oklahoma. Respondent operates and maintains mines and mills in the States of Kansas and Oklahoma where it is en- gaged 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 the locations, aforesaid, mines, mills, sells, and distributes lead and 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 Respondent for the year 1941 were in excess of $300,000. Approximately 60 percent '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 Kansas and Oklahoma. 3. The aforesaid operations of Respondent occur in the course of and affect commerce among the several states'and are synchro-^;, nized by planning, scheduling, and coordinating to maintain a flow of metals and minerals from its mining operations and are essen- tially connected with and dependent on purchases, sales, shipments, and productive and distributive operations outside the States, of Kansas 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. I There is no necessity for here setting forth these exhibits. BECK MINING COMPANY, A CORPORATION 1251 III • - International Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress of In- dustrial 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 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 , Beck Mining Company , a corporation , its officers, agents , successors , and assigns , shall _ 1. Cease and desist from : (a) In any manner dominating or interfering with the ad- ministration 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 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 mem- bership or activity in connection with any such labor , organiza- tion ; (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 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; 1252 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD (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, Mill 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 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 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 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 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 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; BECK MINING COMPANY, A CORPORATION 1253 (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 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 Federa- tion 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 Interna- tional Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress of Industrial Organizations; (c) 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 Beck Mining 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 (ay, (b) and (c), of this order, and maintain such notices for a period of at least 90 con- secutive 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 ;2 (d) 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. AND IT IS FDRTHER ORDERED that the complaint be dismissed in- sofar as it alleges that the Respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act by dis- charging Ottis Collins. V • It is further stipulated and agreed by and between the parties hereto as follows : 1. That the Respondent having on November 11, 1941 , offered E. R. Patterson reinstatement to his former or substantially equi- valent position and the said E. R. Patterson having declined said offer of reinstatement , no further offer of reinstatement need be made, and that as a result of computing the difference between the amount of money he would have earned as wages with Respondent 2 Exhibit "C" is set forth below as Appendix A to this Decision and Order. .1254 DECISIONS OF NATIONAL LABOR RELATION'S BOARD from July '5, 1935 to, November 11, 1941, and his net earnings during this period, the parties hereto agree, that no back pay is due said E. R. Patterson. 2. 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; 3. 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; 4. That this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On August 21, 1942, the Board issued an order approving the stipu- lation, making 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 entry of a decision and order pursuant to the provisions of the stipulation. I Upon-the basis of the above stipulation' and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT i Beck Mining Company, a Delaware corporation, is engaged in the mining and milling of lead and zinc in 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 of the United States other than the States of Kansas and Oklahoma. The total gross sales of the respondent for the year 1941 were in excess of $300,000. Approximately 60 percent of the machinery and materials used by the respondent in the milling and mining of its lead and zinc is received from States other than the States of Kansas and Oklahoma. These operations of the respondent are synchronized by planning; scheduling, and coordinating to maintain a flow of metals and minerals from its mining operations and are essen- tially connected with and dependent upon purchases, sales, shipments, and productive and distributive operations outside the States of Kansas and Oklahoma., For the purpose, of this proceeding, the re spondent admits that it is engaged in commerce, within the meaning of the Act. - . , BECI MINING COMPANY, A CORPORATION 1 255 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, 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 Beck Mining Company, a corporation, Miami, Okla- homa, and 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 its 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 its employees ; (b) Discouraging membership in International Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affili- ated with the Congress of Industrial Organizations, or any other labor organization of its employees; or encouraging membership in Tri- State Metal Mine and Smelter Workers Union, and 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 in regard to their hire and tenure of employment or any term or condition of their employment because of membership or a c t i v i t y in connection with any • such labor organization; (c) Urging, persuading, warning, or coercing its employees to join Tri-State Metal Mine and Smelter Workers Union, or 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; • , (d) Urging, persuading, warning, or coercing its employees to, refrain from joining 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- 1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD statement or non-employment if they join any such labor organization; (e) Recognizing or in any manner dealing with Tri-State Metal Mine and Smelter Workers Union, Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers; affiliated with the American Federa- tion 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 orgainization is certified by the Board as such exclusive representative; (f) Recognizing or in any manner dealing with. Tri-State Metal Mine and Smelter Workers Union, Blue Card Union of Zinc and Lead Mine, Mill,and Smelter Workers, affiliated with the American Federa- tion of Labor, as representative of any of its employees for the pur- pose of dealing with the respondent concerning grievances, labor dis- putes, 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 Tri-State Metal Mine and Smelter Workers Union or Blue Card Union of Zinc and Lead Mine, Mill and Smelter Work-' ers, affiliated with the American Federation of Labor, is certified by the Board as exclusive representative of its employees in an appropri- ate 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 rep- resentatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or pro- tection.' 2. Take the following affirmative action to effectuate the policies of the Act : - (a) Withhold recognition from Tri-State Metal Mine and Smelter Workers Union, 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 repre- sentative of its employees in an appropriate unit, unless and until such labor organization is certified by the Board as exclusive 'representa- tive; (b) Unless and until Tri-State Metal Mine and Smelter Workers, Union, or 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 Tri-State Metal Mine and Smelter Workers Union or 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, 9 BECK MINING COMPANY, A CORPORATION 1257 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; (c) Immediately post notices, in the form set forth in Appendix "A" hereto, in conspicuous places throughout its mines and mills, in- cluding, among such places , all bulletin boards commonly used by the respondent for announcements to its employees , stating that Beck Mining 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, sub- sections ( a) and (b) of this Order, 'and maintain such notices for a period , of at least 90 consecutive days from the date of posting; (d)' 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. AND IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed-insofar as it alleges that the respondent , by discharging Ottis Collins , has engaged in unfair labor practices, within the mean- ing of Section•8 (3) of the Act. MR. GERARD D. REILLY took 110 part in the consideration of the above Decision and Order. APPENDIX A 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 Inter- national Union of Mine, Mill, and Smelter Workers, Locals Nos. 15, 17, 107 , 108, and 111, affiliated with the Congress Hof Industrial Organi- zations, is not required to obtain or retain employment with this company. Beck Mining Company, 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 1258 DECISIONS' OF_ NATIONAL LABOR RELATIONS BOARD Mine, Mill and Smelter Workers, affiliated with the American Federa- tion 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 Bltle 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 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, 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; 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-rein- statement 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 Interna- tional Union of Mine, Mill 'and Smelter Workers, Locals Nos. 15,.17, 107, 108, and 111, affiliated with the Congress of Industrial Organi- zations, 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 BECK MINING COMPANY, -A CORPORATION 1259 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 activ- ities for the purpose of collective bargaining or other mutual aid or protection. Beck Mining Company, a corporation, shall take the following affirm- ative action to effectuate the policies of the Act': 1. Withhold recognition from the Tri-State Metal Milie, 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 representa- tive 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 Mine, Mill and. Smelter Workers, affiliated with the American Federation of Labor, is certified by the Board as such exclusive representative, withhold recog- nition 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 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. This notice will remain posted for 90 consecutive days and all per- sons are warned not to remove or mutilate this notice. Date : BECK MINING COMPANY, A CORPORATION, By ------------------------------------------ Copy with citationCopy as parenthetical citation