C. Y. Semple Mining Co.

National Labor Relations Board - Board Decisions

Mar 23, 1942

39 N.L.R.B. 1037 (N.L.R.B. 1942)

In the Matter of C. Y. SEMPLE, F. P. SEMPLE , F. E. (IRETON ) SEMPLE
AND,V. S. JENNINGS, A PARTNERSHIP DOING BUSINESS AS C. Y. SEMPLE
MINING COMPANY 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-93104.-Decided March 933, 19493
Jurisdiction : lead, zinc, and other mmeral'mining and processing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Clarence D. Musser, for the Board.
Mr. Louis U. Wolf and Mr. Sylvan Bruner, for the International.
Mr. C. Y. Semple, of Baxter Springs, Kans., for the respondent.
Mr. George H. Gentith,es, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International Union
of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and
111, affiliated with the Congress of Industrial Organizations, herein
called the International, the National Labor Relations Board, herein
called the Board, by the Regional Director for the Seventeenth Re-
gion (Kansas City, Missouri), issued its complaint, dated December
13, 1941, against C. Y. Semple, F. P. Semple, F. E. (Ireton) Semple and
V. S. Jennings, a partnership doing business as C. Y. Semple Mining
Company, herein collectively 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) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint and the accompanying notice of hearing were
duly served upon the respondent and the International. Concerning
the unfair labor practices, the complaint alleged in substance (1) that
respondent discouraged membership in the International, and encour-
39 N L R. B., No. 199.
1037
1038 DECISIONS Or NATIONAL LABOR RELATIONS $OARD
aged membership in Tri-State Mine, Mill 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, labor or-
ganizations herein called Tri-State and Blue Card, respectively, by dis-
charging Earnest C. Fostdr, and refusing to reemploy him except upon
compliance with an illegal condition, namely, that he become a member
of Tri-State and/or Blue Card; (2) that the respondent has dominated
and interfered with the administration of Tri-State and Blue Card, and
has contributed financial or other support thereto; (3) that since July 5,
1935, the' respondent has urged, persuaded, warned, and coerced its
employees to join Tri-State and Blue Card under threat of discharge,
non-reinstatement or non-employment if they failed to join said labor
organizations; (4) That the respondent has urged, persuaded, warned,
and coerced its employees to refrain from joining the .International
and threatened them with discharge, non-reinstatement and non-
employment if they joined the said labor organization; (5) that
between July 5, 1935 and June 14, 1938, the respondent recognized,
bargained collectively with, and entered into a contract with Tri-
State and Blue Card although those organizations were not the free
and legal representatives of the respondent's employees; and (6) that
by these and other acts, the respondent interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in Sec-
tion 7 of the Act.
Prior to a hearing, on January 30, 1942, the respondent, the Inter-
national and the Regional attorney for the Seventeenth Region en-
tered into a stipulation, subject to approval by the Board, for settle-
ment of the case. The stipulation provides as follows :
It is hereby stipulated and agreed by and between C. Y.
Semple, F. P. Semple, F. E. (Ireton) Semple and V. S. Jen-
nings, a partnership doing business as C. Y. Semple Mining
Company, hereinafter referred to as the respondent, by C. Y.
Semple; and Clarence D. Musser, Attorney, National Labor
Relations Board, Seventeenth Region, as follows :
I
1. On charges and ainended 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 Or-
ganizations, the National Labor Relations Board, through George
J. Bott, Regional Director, Seventeenth Region, agent of the Na-
tional 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, Sections 1, issued its
C. Y. SEMPLE MINING COMPANY 1039
complaint on the 13th day of December , 1941, 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-
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 affi-
davit executed by F. W . Evans dated July 23,^ 1941 , 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 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 1922 a partnership organ-
ized under and existing by virtue of the laws of the State of
Kansas, having general offices - and a place of business in the
County of Cherokee , State of Kansas , where it operates and main-
tains 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 Kansas.
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 90 percent of the
lead, zinc, -and other minerals so mined and processed is sold and
distributed to buyers who distribute and sell into and through
states 'of the United States other than the State of Kansas. The
total 'gross sales of respondent are in excess of $50,000.00 per
annum. Approximately , 60 percent of the machinery and mate-
rials 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 Kansas.
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
448105-42-vol 39-67
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are essentially connected with and dependent on purchases, sales,
shipments, and productive and distributive operations outside the
State of Kansas.
4. Respondent is engaged in and its operations affect interstate
commerce within the meaning of Section 2 (6) and (7) of the
National Labor Relations Act.
III
•1. International Union of Mine, Mill and Smelter Workers,
Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress
rganizations ; ' the Tri-State Metal Mine andof Industrial Organiz s '
Smelter Workers Union; and the Blue Card Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the Amer-
ican 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, C. Y. Semple, F. P. Semple, F. E. (Ireton) Semple
and V. S. Jennings, a partnership doing business as C. Y.'Semple
Mining Company, 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 Metal Mine and Smelter Workers
Union ; and the Blue Card Union of Zinc and Lead Mine, Mill
and Smelter Workers, affiliated with the American Federation of
Labor, or the formation or administration of any other labor
organization of their employees, or contributing financial or other
support to the Tri-State Metal Mine and Smelter Workers Union
or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
Workers, affiliated with the American Federation of Labor, or
any other labor organization of their employees;
(b) Discouraging membership in the International Union of
Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and
111, 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 discrimi-
nating in regard to their hire and tenure of employment or any
C. Y. SEMPLE MINING COMPANY 1041
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 Work-
ers, affiliated with the American Federation of Labor, or any other
labor organization of its employees, or threatening them with dis-
charge 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 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 organization of
its employees, as exclusive representative of its employees in an
appropriate unit, unless and until such labor organization is cer-
tified 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 concern-
ing grievances, labor disputes, wages, rates of pay, hours of em-
ployment, 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 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-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 bargain-
ing or other mutual aid or protection.
1042 DECISIONS OF NATIONAL ' LABOR RELATIONS BOARD
2. Take the following affirmative action to effectuate the policies
of the Act: -
(a) Withhold recognition from the Tri-State Metal Mine and
Smelter Workers Union, the Blue Card Union of Zinc and Lead
Mine, Mill and Smelter Workers, affiliated with 'the American
Federation of Labor, or any other labor organization of its em-
ployees, as exclusive representative of its employees in an appro-
priate unit, unless and until such labor organization is certified
by the Board as' exclusive representative;
(b) Unless and until the Tri-State Metal Mine and Smelter
Workers Union, or the Blue Card Union of Zinc and Lead Mine,
Mill and Smelter Workers, affiliated with the American Federa-
tion of Labor is certified by the Board as such exclusive represen-
tative, 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 Earnest C. Foster immediate and full reinstate-
ment to his former or substantially equivalent position, without
prejudice to his seniority and other rights and privileges;
(d) Make whole Earnest C. Foster for any loss of pay he may
have suffered by reason of his discharge, or discrimination, by
payment to him of a stun of money equal to 75% of the difference
between that which he would have earned as wages from July 5,
1935, the date of the company's discrimination against him, to
the date of such offer of reinstatement, and his net earnings dur-
ing such period, which sum has been computed to be $317.51.
(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 C. Y. Semple, F. P. Semple, F. E. (Ire-
toui) Semple and V. S. Jennings, a partnership doing business as
C. Y. Semple Mining Company, will cease and desist in the man-
ner set forth in Section 1, subsections (a), (b), (c) s (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.
C. Y. SEMPLE MINING COMPANY 1043
(f) Notify the Regional Director for the Seventeenth Region
of the National Labor Relations Board, Kansas City, Missouri,
in writing within 20 days from the date of this order what steps
the respondent has taken to comply herewith.
V
It is further stipulated and agreed by and between the parties
hereto as follows :
1. That the respondent herein consents to the entry by an appro-
priate United States Circuit Court of Appeals, upon application
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 March 9, 1942, the Board issued an order approving the stipula-
tion, making it a part of the record and, pursuant to Article II, Sec-
tion 36, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, transferring the proceedings to the Board, for
the purpose of entry of a decision and order, pursuant to the provisions
of said stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a partnership, organized under the laws of the
State of Kansas, with its general offices and place of business in the
County of Cherokee, State of Kansas. There it operates and maintains
mines and is engaged in the mining and processing of lead, zinc, and
other minerals. Approximately 90 percent of the lead, zinc, and other
minerals mined and processed by the Company is sold and distributed
to buyers who in turn distributed and sold them into and through States
of the United States other than the State of Kansas. The total gross
sales of respondent are in excess of $50,000 per annum. Approximately
60 percent of the machinery and materials used by respondent is re-
ceived from States other than the State of Kansas. The respondent
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
admits for the purposes of this proceeding that it is engaged in coin-
merce within the meaning of the Act.
We find that the operations of the respondent 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 Sectionl0 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent, C. Y. Semple Mining Company, Baxter
Springs, Kansas, its members, C. Y. Semple, F. P. Semple, F. E.
(Ireton) Semple and V. S. Jennings, and 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 Federa-
tion 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, affili-
ated 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 organize
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 organi-
zation;
(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;
(d) Urging, persuading, warning, or coercing its employe.^s to re-
frain from joining the International Union of Mine, Mill and Smelter
C. Y. SEMPLE MINING COMPANY 1045'
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-reinstate-
ment or non-employment if they join any such labor organization;
(e) Recognizing or in any manner dealing with the Tri-State Metal
Mine and Smelter Workers Union, the Blue Card Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the American
Federation of Labor, or any other labor organization of its employees,
as exclusive representative of its employees in an appropriate unit,
unless and until such labor organization is certified by the Board as
such exclusive representative;
(f) Recognizing or in any manner dealing with the Tri-State Metal
Mine and Smelter Workers Union, the Blue Card Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the American
Federation of Labor, as representative of any of its employees for the
purpose of dealing with the respondent concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other condi-
tions of employment, unless similar recognition is granted 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 Organiza-
tions, or 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 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 rep-
resentatives of their own choosing and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or
protection.
2. Take the following affirmative action to effectuate the policies of
the Act :
(a) Withhold recognition from the Tri-State Metal Mine and
Smelter Workers Union, the Blue Card Union of Zinc and Lead Mine,
Mill and Smelter Workers, affiliated with the American Federation of
Labor, or any other labor organization of its employees, as 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 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 or
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Work-
ers, affiliated with the American Federation of Labor, as representa-
tive of any of its employees for the purpose of dealing with it con-
cerning grievances, labor disputes, wages, rates of pay, hours of em-
ployment, or other, conditions of employment unless similar recogni-
tion 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 Earnest C. Foster immediate and full reinstatement to
his former or substantially equivalent position, without prejudice to
his seniority and other rights and privileges ;
(d) Make whole Earnest C. Foster for any loss of pay he may have
suffered by reason of his discharge, or discrimination, by payment to
him ff a sum of money equal to 75/0 of the difference between that
which he would have earned as wages from July 5, 1935, the date of
the company's discrimination against him, to the date of such offer of
reinstatement, and his net earnings during such period, which sum
has been computed to be $317.51; , '
(e) Immediately post notices in conspicuous places throughout its
mines and mills, including, among such places, all bulletin boards com-
monly used by respondent for announcements to its employees, stating
that C. Y. Semple, F. P. Semple, F. E. (Ireton) Semple and- V. S.
Jennings, a partnership doing business at C. Y. Semple Mining Com-
pany, will cease and desist in the manner set forth in Section 1, sub-
sections (a), (b), (c), (d), (e), (f), and (-),and will take the affirma-
tive 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.
(f) Notify the Regional Director for the Seventeenth Region of the
National Labor Relations Board, Kansas City, Missouri, in writing
within 20 days from the date of this order what steps the respondent
has taken to comply herewith.