F. W. Evans

National Labor Relations Board - Board Decisions

Sep 18, 1942

44 N.L.R.B. 137 (N.L.R.B. 1942)

In the Matter of F. W. EVANS, D . B. A. F. W . EVANS, EVANS-CRAIG
LEASE , EVANS-CRAIG MINING COMPANY , R. H. AND G. MINING CoM-
PANY, AND CRAIG MINING COMPANY and INTERNATIONAL UNION OF
MINE, MILL AND SMELTER "TORKERS , LOCALS Nos . 15, 17, 107 , 108 AND
111, AFFILIATED WITII THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. C-8308.-Decided September 18,19-142
Jurisdiction : lead mining and milling industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Cla"epee D. illusser, for the Board.
Mr. Paul E. Bradley, of Joplin, Mo..for the Company.
Mr. Gobel F. Cravens and Mr. Louis N. Wolf, of Joplin, Mo., and
Mr. Sylvan Bruner, of Pittsburg, Kans., for the Union.
Mr. J. Benson Saks, 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 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 August 7, 1942,
against F. W. Evans, doing business as F. W. Evans, Evans-Craig
Lease, Evans-Craig Mining Company, R. H. and G. Mining Com-
pany, and Craig Mining Company, in the States of Oklahoma, Kan-
sas, and Missouri, herein called the respondent, alleging that the re-
spondent 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.
44 N. L R. B., No. 25.
137
138 DECISIONS OF \ATIONAL LABOR RELATIONS BOARD
The complaint alleged in substance that the respondent: (1) inter-
fered with, restrained, and coerced its employees in the exercise of
the rights guaranteed in Section 7 of the Act by engaging, inter alia,
in the following conduct: (a) dominating and interfering with the
formation and administration of, and contributing financial or other
support to, the Tri-State_ Union and/or the Blue Card,Union, (b)
urging, persuading, warning, and coercing its employees to join the
Tri-State Union and/or the Blue Card Union and threatening them
with discharge or with non-reinstatement or non-employment for fail-
ure to join said labor organizations, and (c) urging, warning, and
coercing its employees to refrain from joining the Union and threat-
ening them with discharge or non-reinstatement or non-employment
if they joined or continued their membership in and activities on
behalf of the Union; (2) discharged several named employees, and
thereafter refused them reinstatement, because they had joined and
assisted the Union and failed to join, assist, or support the Tri-State
Union and/or the Blue Card Union, and because they engaged in
concerted activities for the purposes of collective bargaining and other
mutual aid and protection.
Prior to the hearing, the respondent, the Union, and counsel for
the Board entered into a stipulation, dated August 19, 1942, in settle-
ment of the case, subject to the approval of the Board. The stipula-
tion provides as follows :
It is hereby stipulated and agreed by and between F. W. Evans,
an individual, hereinafter referred to as the "Respondent"; Inter-
national Union of Mine, Mill and Smelter Workers, Locals Nos.
15, 17, 107, 108 and 111, affiliated with the Congress of Industrial
Organizations, by their respective attorneys and representatives;
and Clarence D. Musser, Attorney, National Labor Relations
Board, Seventeenth Region, as follows :
I
1. On 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 Organiza-
tions, 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 Reg-
ulations, Series 2, as amended, Article IV, Section 1, issued its
complaint and notice of hearing on the i th day of August, 1942
against Respondent herein.
F. W. EVANS 139
2. (a) Respondent hereby acknowledges service of a copy of
the aforesaid complaint and notice of hearing;
(b) Respondent expressly waives his right to file answers to
the said complaint or other pleadings ; waives his right to a hear-
ing on the complaint and notice of hearing or other procedure
before the Board to which he 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 and notice of hearing, an affidavit executed by F. W.
Evans, dated July 23, 1941; an affidavit executed by Joe Nolan,
dated July 23, 1941, marked Exhibits "A" and "B ",1 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. It is further stipulated that all pleadings here-
tofore filed in this matter may be amended so as to show the correct
name of the Respondent as "F. W . Evans , an individual";
(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-
tional Labor Relations Board of a Decision and Order based
upon this stipulation , as hereinafter set out.
II
1. Respondent F. W. Evans is and has been since July 5, 1935
doing business as F. W. Evans, an individual. Respondent op-
erates and maintains mines and mills in the States of Oklahoma
kind Kansas where he 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 his business at the
locations aforesaid, mines, mills, sells and distributes lead and
zinc. Approximately 60% of the lead and zinc so mined and
milled is sold and distributed to, into and through states of the
United States other than the states of Oklahoma and Kansas.
Since July 5. 1935, the total gross sales of Respondent have been
approximately $100,000.00 per annum.
3 Respondent admits that for the purposes of this case only he
is engaged in and his operations affect interstate commerce with-
in the meaning of Section 2 (6) and (7) of the National Labor
Relations Act.
The affidavits are set forth as Exhibits "A" and "B" and placed at the conclusion of
this Decision and Oidei.
140 DECISIONS OI\ATIONAL_LABOR RELATIONS BOARD
III
International Union of Mine, Mill and Smelter Workers, Locals
Nos. 15, 17, 107,108 and 111, affiliated with the Congress of Indus-
trial 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 Federa-
tion of Labor; are, or were, labor organizations within the mean-
ing 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, F. W. Evans, an individual, his agents, successors
and assigns, shall
1. Cease and desist from :
(a) In any manner dominating or interfering with the achnin-
istration of the Tri-State Metal Mine and Smelter Workers Union ;
and the Blue Card Union of Zinc and Lead Mine, Mill and Smel-
ter Workers, affiliated with the American Federation of Labor, or
the formation or administration of any other labor organization
of his 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 his 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 his 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 his 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 member-
ship or activity in connection with any sucli labor organization;
(c) Urging, persuading, warning, or coercing his 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 his employees, or threatening them
with discharge or with norm-reinstatement or non-employment if
they fail to join any such labor organization;
i
F. W. EVAN S 141,
(d) Urging, persuading, earning, or coercing his 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 his eniplmees, or threatening them with discharge
or With non-reiustatenieut or non-emplo,ynient if they join any
such labor organization -,
(e) Recognizing or in any manner dealing with the Tri-State
Metal Mme 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 his employees, as exclusive representative of his 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 Anierncan Federation of Labor, as representative of any of
his employees for the purpose of dealing with the Respondent
concerning grievances, labor disputes, ww ages. 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 Aline and Smelter Workers Union or,
the Blue Card Union of Zinc and Lead Mine, Mill and Smelter
11"orkels, affiliated with the American Federation of Labor is
certified by the Board as exclusive representative of his employees
in an-appropriate Unit;
(g) In any other manner interfering with, restraining, or co-
erenlg his employees in the,exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations,; to bargain col-
lectwcly through representatives of their own choosing and to
engage in concerted activities for the purpose of collective b:nrganl-
iug or other mutual aid or protection.
2. Take the following affirmative action to effectuate the policies
of the Act:
(a) Withhold recogntion from the Tri-State Metal Mine and
Smelter Workers Union, the Blue Card Union of Zinc and Lead
Aline, Mill and Smelter Workers, affiliated' with the Americ:ui
Federation of Labor, or any other labor organization-of his em-
ployees, as exclusive representative of his employees in an appro-
priate unit, unless and until such labor organization is certified
by tlhe Board ,is exclusive representative;
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- (b) Unless and until the Tri-State Metal Mime 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
American Federation of Labor,- as representative of any of his
employees for the purpose of dealing with Respondent concerning
grievances, labor disputes, wages, rates of pay, hours of-employ-
ment, or other conditions of employment unless similar recogni-9
tion is granted to the International Union of Mine, Mill and
Smelter Workers, Locals Nos. 15, 17, 107, 108 and 111, affiliated
yith the Congress of Industrial Organizations;
(c) Offer to Cecil B. Cox, Richard O. 'Parrish and G. D.
Gleaves immediate and full reinstatement to their former or
substantially equivalent positions, without prejudice to their
seniority and other rights and privileges ;
(d) Make whole Cecil B. Cox, Richard O. Parrish and G. D.
Gleaves for any losses of pay they may have suffered by reason
of their discharges, or discrimination, by payment to Cecil B. Cox,
the sum of $1,443.31, by payment to Richard O. Parrish the sum
of $1,782.65, and by payment to G. D. Gleaves the suns of $654.04.
The total sung of money to be paid herein is agreed upon as
$3,880.00;
(e) Immediately post notices in conspicuous places through-
out Respondent's mines, and mills, including, among such places,
all bulletin boards commonly used by Respondent for announce-
ments to his employees, stating that F. W. Evans will cease and
desist in the manner set forth in Section 1, subsections (a), -(b),
(c), (cl), (e), (f) and (g) ; and will take the affirmative action
set forth in, Section 2, subsections (a), (b), (c), ((I ) 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_gnd by this reference is
made a part hereof ;
(f) Notify the Regional Director for the Seventeenth Region
of the National Labor Relations Board, Kansas City, Missouri,
in writing within 20 days from the date of this order what steps
the Respondent has taken to comply herewith.
I
2 The notice is set forth as Exhibit "C" and placed at-the conclusion of this Decision
and Order
F.• W. EVANS 143
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
appropriate United States Circuit Court of Appeals, upon appli-
cation by the Board, of a decree enforcing the aforesaid 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 acids 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 im-
mediately upon the granting of such approval.
On August 28, 1942, the Board issued its order approving the
stipulation and making it a part of the record herein and,pursuant
to Article III, Section 3,(6) and (7) of National Labor Relations
Board Rules and Regulations-Series 2, as amended, transferring
the proceeding to the Board for the entry of a Decision and Order
by the Board, 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
THE BUSINESS OF THE RESPONDENT
The respondent, F. W. Evans, has, since July 5, 1935, been doing
business as F. W. Evans, an individual. The respondent operates
and maintains mines and mills in the States of Oklahoma and Kansas,
where he is engaged in the mining and milling of lead and zinc.
He transacts a substantial amount of business in the State of Missouri.
Approximately 60 percent of the lead and zinc mined and milled by
him is sold and distributed outside the States of Oklahoma and Kan-
sas. Since July 5, 1935, the total gross sales of respondent have
amounted annually in value to $100,000. The respondent admits
that lie is engaged in commerce within the meaning of the Act.
We find that the 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 , stipulation , and the
entire record in the case, and, pursuant to Section ' 10 (c) of the
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Act, the National Labor Relations Board,
hereby orders that the respondent, F. W. Evans, leis ,agents, suc-
cessors, and assigns shall :
1. Cease and desist from :
(a) In any'manner dominating or interfering with the adniniis-
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 his
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 his 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 his 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, affih-
ated,with the American Federation of Labor, or any other labor organi-
zation, by discharging or refusing to reinstate any of his 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 his employees to
join the Tri-State Metal Mine and Smelter Workers Union, or the Blue
Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affili-
ated with the American Federation,of Labor, or any other labor
organization of his employees, or threatening them with discharge or
. ith non-reinstatement or noii-employment if they fail to join any such
labor organization;
(d) Urging, persuading, warning, or coercing his employees to
iefrain from joining the International Union of Mine. Mill and Smel-
ter Workers, Locals Nos. 15, 17, 107, 108 and 111, affiliated with the
Congress of Industrial Organizations, or any other labor organiza-
tion of his employees, or threatening them with discharge or with non-
reinstatement or non-employment if they join any such labor organi-
sation ;
(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'oi ganization of his emmployees,
E. W. EVANS 145
as exclusive representative of his 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 o any of his 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 Or(raniza-
tions , 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 its exclusive representative of his
employees in an appropriate unit;
(g) )In any other manner interfei ng With, restraining , or coercing
his 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 otivn 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 arid
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 his employees, as exclusive
representative of his 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 Work-
ers Union. or the Blue Card Union of Zinc and Lead Mine, Mill and
Smelter Workers, affiiliated with the American Federation of Laboi, 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 Federation of Labor,
as representative of any of his employees for the purpose of dealing
with 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
487498-42-vol. 44-10
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108 and
111, affiliated with the Congress of Industrial Organizations;
(c) Offer to Cecil B. Cox, Richard O. Parrish and G. D. Gleaves
immediate and full reinstatement to their former or substantially
equivalent positions, without prejudice to their seniority and other
rights and privileges;
(d) Make whole Cecil B: Cox, Richard O. Parrish and G. D. Gleaves
for any losses of pay they may have suffered by reason of their
discharges, or discrimination, by payment to Cecil B. Cox the sum
of $1,443.31, by payment to Richard O. Parrish the stun of $1,782.65,
and by payment to G. D. Gleaves the sum of $654.04. The total sum of
money to be paid herein is agreed upon as $3,880.00;
(e) Immediately post notices in conspicuous places throughout re-
spondent's mines and mills , including, among such places, all bul-
letin boards commonly used by respondent for announcements to his
employees, stating that F. W. Evalis 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 Appendix "A", is ,attached hereto and
by this reference is made a part hereof ;
(f) Notify the Regional Director for the Seventeenth Region of the
National Labor Relations Board, Kansas City, Missouri, in writing
within 20 days from the date of this order what steps the respondent
has taken to comply herewith.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.
ExHIBIT "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
F.. W. EVANS 147
dissolved about April 14, 1937 by formal action of its Board of Di-
rectors and that lie 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 clay of July, 1941. My
'commission expires January 7th, 1944.
(Signed) THELMA I. FonsHEE,
Notary Public.
Signature (Deceased),
- Vice'President.
Subscribed and sworn to before me this ------ day of ------------
-------- 11941.
My commission expires __----------------------------- , 194__
Notary Public.
STATE OF MISSOURI,
County of Jasper, ss.
Signature (Signed) G. A. HICKMAN,
Secretary and Treasurer.
Subscribed and sworn to before one this 25th day of July, 1941.
My commission expires May 11, 1945. -
(Signed) F. A. PAGE,
Notary Public.
EXHIBIT "B"
AFFIDAVIT
STATE OF OKLAHOMA,
County of Ottawa, ss.
Joe Nolan, being first duly sworn, upon -his oath states that he is the
same person mentioned in the Decision 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 & Smelter Workers, Locals Nos. 15, 17,
107, 108, and 111, known as Case No. C-73.
Afiant 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,
148 DECISIONS OF \ATIONAL, LABOR RELATIONS BOARD
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) TI-IELMA 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. PACE,
Notary Public.
STATE OF MISSOURI,
County- of Jasper, ss.
Signature (Signed) G. A. HICKMAN,
Secretary and Treasurer.
Subscribed and sworn to before me this 25th clay of July, 1941.
My commission expires May 11, 1945
(Signed) F. A: PACE,
Notary Public.
1JxHnur "C"
NOTICE
Membership in Tri-State Metal Mine and Smelter Workers Union,
or the Blue Card Union of Zinc and Lead Aline, Mill, and Smelter
lWWorkers, affiliated with the American Federation of Labor, or in any
other labor organization of his employees, or non-membership in In-
ternational Union of Alme, Mill and Smelter Workers, Locals Nos.
15, 17, 107, 108, and 111, affiliated with the Congress of Industrial
Organizations, is not required to obtain or retain-employipent with
this company.
F. W. Evans, an individual, shall cease and desist from
1. In any ipanner dominating or iiiterfermg 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 his employ ees, or
contributing financial or other support to the Tri-State Metal Mine
acid 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 his employees;
F. W. EVANS 149
2. Discouraging membership in the International Union of'Mine,
Mill and Smelter WW'orkens, Locals Nos. 15, •17, 1`07, 108, and 111,
affiliated, with-the Congress of Industrial Organizations, or any other
labor organization of his 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 his em-
ployees or in any other manner discriminating in regard to their
hire and tenure of employment or any term or condition of their em-
ployment because of membership or activity in connection with any
such labor organization ;
3. Urging, persuading, warning, or coercing his employees to join
the Tri State Metal Mine and Smelter Workers Union, or the Blue
Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affili-
ated with the American Federation of Labor, or any other labor
organization of his 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 his 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
his employees, or threatening then with discharge or with non-renn-
statenment 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 Zilic and
Lead Mine, Mill and Smelter Workers, affiliated with the American
Federation of Labor, or any other labor organization of his employees,
as exclusive representative of his 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 his employees for the
purpose of dealing with the respondent 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, 1108, 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-
150, DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
tion of Labor is certified by the Board as the exclusive representative
of his employees in an appropriate unit;
7. In any other manner interfering with, restraining, or coercing
his 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 con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection.
F._ W. Evans, an individual, shall take the following 'affirmative
action to,effectuate the policies of the Act:
1. Withhold recognition from the Tri-State Metal Mine and
Smelter Workers Union, the Blue Card Union of Zinc and Lead
Mine, Mill and Smelter Workers, affiliated with the American Fed-
eration of Labor, or any other labor organization of his employees,
as exclusive representative of his 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
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 Federation of Labor,
as representative of any of his employees for the purpose's of deal-
ing with Respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or other conditions of employ-
ment 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.
3. Offer to Cecil B. Cox, Richard O. Parrish and G. D. Gleaves
immediate and full reinstatement to their- former or substantially
equivalent positions, without prejudice to their seniority and other
rights and privileges;
4. Make whole Cecil B. Cox, Richard O. Parrish and G. D. Gleaves
for any losses of pay they may have suffered by reason of their
discharges, or discrimination, by payment to Cecil B. Cox the sum
of $1,443.31, by payment to-Richard O. Parrish the sum of $1,782.65,
and by payment to G. D. Cleaves the stun of $654.04. The total
sum of money to be paid herein is agreed upon as $3,880.00.
This notice will remain posted for 90 consecutive days and all per-
sons are warned not to remove or mutilate this notice.
Dated:
F. W. EvANs, An Individual.