Rialto Mining Corp.

National Labor Relations Board - Board Decisions

Aug 15, 1942

43 N.L.R.B. 228 (N.L.R.B. 1942)

In the Matter of RIALTO MINING CORPORATION , A CORPORATION and IN-
TERNATIONAL UNION OF- MINE, MILL AND SMELTER WORKERS, LOCALS_
Nos. 15, 17, 107, 108, AND 111 , AFFILIATED WITH THE CONGRESS OF IN-
DUSTRIAL' ORGANIZATIONS
Case No. C-2283.Decided August 15, 1942
Jurisdiction : lead and zinc mining industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation. ,
Mr. Clarence D. Musser, fof the Board. '
Mr. Ray McNaughton, of Miami, Okla., 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, affili,
ated with the Congress of Industrial Organizations, herein called the
Union, the National Labor Relations Board, herein called the Board,
by its Regional Director fo'r the Seventeenth Region, (Kansas City,
Missouri), issued its complaint dated July j6, 1942, against Rialto
Mining Corporation, Picher, Oklahoma,.herein called the respondent,
alleging that the respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the meaning of Sec-
tion 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 com-
plaint, 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 and after certain specified dates,
discharged and refused to reemploy 20 named employees because they
had joined or assisted the Union or engaged in concerted activities
with other employees; (2) since July 5, 1935, and at all, times there-
43-N. L R B., No. 29.
228
RIALTO MINING CORPORATION 229-
after, by specified .acts and conduct, and by the alleged discharges
hereinabove set forth, 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.
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 the approval by the Board. The stipulation provides
as follows :
It is hereby stipulated and agreed by and between Rialto Mining
Corporation, 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 Or-
ganizations, the National Labor Relations Board, through George
J. Bott, Regional Director, Seventeenth Regiori,, 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 com-
plaint and notice of hearing on the 16th day of July, 1942, against
Respondent herein.
2. (a) Respondent hereby acknowledges service of a copy of
the aforesaid complaint and notice of hearing. _
(b) Respondent expressly waives its right to file answers to
the said complaint or other pleadings; waives its right to a
hearing on the complaint and notice of hearing 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 and notice of hearing, and this stipulation shall con-
stitute the record in this matter.
(e) 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
National Labor Relations Board of a Decision and Order based
upon this stipulation, as hereinafter set out.
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II
1. Respondent is and has been since 1926 , a corporation organ-,
ized under and existing by virtue of the laws of the State of
Delaware. It is licensed to do business in the State of Oklahoma
and maintains offices in the City of Picher, State of Oklahoma.
Respondent operates and maintains mines and mills in the State
of Oklahoma , 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 the
location 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 State of Oklahoma. Since July 5,
1935,the , total gross sales of Respondent have been in excess of
$195,000.00 per annum.
3. Respondent admits that for the purposes of this case only 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.
III
International Union of Mine, Mill and Smelter Workers, Locals
Nos. 15, 17, 107, 108, and 111 , affiliated with the Congress
of Industrial Organizations ; the Tri- State Metal Mine and
Smelter Workers Union; and the Blue Card Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the Ameri-
can 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 , Rialto Mining Corporation , its officers , agents,
successors and assigns, shall
1. Cease and desist from :
(a) Discouraging membership in the International Union of
Mine, Mill, and Smelter Workers, Locals Nos . 15, 17, 107, 108,
and 111 , affiliated with the Congress of Industrial Organizations,
or any other labor organization of its employees , or encouraging
membership . in the Tri-State Metal Mine and Smelter Workers
Union, and the Blue Card Union of Zinc and Lead Mine, Mill
and Smelter Workers, affiliated with the American Federation
RIALTO MINING CORPORATION 231
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 member-
ship or activity in connection with any such labor organization;
(b) 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 aliy such labor organization;
(c) Urging, persuading, warning or coercing its employees to
refrain from joining the International Union of Mine, Mill and
Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated
with the Congress of Industrial Organizations, or any other labor
organization of its employees, or threatening them with discharge
or with non-reinstatement or non-employment if they join any
such labor organization;
(d) In any other manner interfering with, restraining, or coerc-
ing its employees in the exercise of the right to self-organization,
to form,,join, or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in
concerted activities for the purpose of collective bargaining or
other mutual aid or protection.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Make whole all persons listed in Schedule "A" 1 attached
hereto and by this reference made a part hereof, for any loss of
pay they may have suffered by reason of their discharges or dis-
criminations by payment to each of them of a sum of money equal
,to the difference between that which each would have earned as
wages during the periods appearing after their names -in said
Schedule "A", and the net earnings during such period, which
sums have been agreed upon and -set forth after the names of the
persons listed under the captions "Rialto Claimants" and "Lavrion
Claimants" in said Schedule "A". The total of such sums agreed
upon is $26,739.68.
(b) 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 Rialto Mining Corporation will cease and
% Schedule "A" is set forth as Appendix A to this Decision and Order.
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,desist in the manner set forth in Section 1, subsections (a), (b),
(c) and ( d), and will take the affirmative action set forth in
Section 2 , subsections ( a) and ( b) of this order , and maintain such
notices for a-period of at least 90 consecutive days from the date
of posting. A copy of this notice, marked Exhibit "A",2 is at-
tached-hereto and by this reference is made a part hereof.
(c) 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 having on November 11, 1941, offered to
all the persons listed in Schedule "A" attached hereto, except
Charles Calvin Landreth, then deceased, reinstatement to their
former or substantially equivalent positions , no further offer of
reinstatement need be made.
2. That all questions as to unfair labor practices alleged to have
been engaged in at any time prior to the date of this stipulation,
including claims for back pay, will be, upon compliance with the
terms of this stipulation , fully settled and composed as to the
Respondent , Rialto Mining Corporation , and, the Lavrlon Mining
Company. ', -
3. 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;
4. 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.
5. That this stipulation is subject to the approval of the Na-
tional Labor Relations Board and shall become effective - immedi-
ately'upon the granting of such approval.
On August 3, 1942, the Board issued its 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
2 Exhibit "A" is set forth as Appendix B to this Decision and Order.
RIALTO MINING CORPORATION 233
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
1. THE BUSINESS OF THE RESPONDENT
The respondent, Rialto Mining Corporation, is a Delaware corpo-
ration licensed'to do business in the State of Oklahoma, where it is
engaged in mining and milling lead and zinc: Approximately 60
percent of the lead and zinc so mined and milled is sold and distrib-
uted in various States of the United States other than the State of
Oklahoma. Since July 5, 1935, the total gross sales of the respondent
have been in excess of $195,000 per annum. , For the purpose of this
proceeding, the respondent admits that it 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, 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 or-
ders that Rialto Mining Corporation, its officers, agents, successors, and
assigns, shall:
1. Cease and desist from
(a) Discouraging membership in 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 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 or-
ganization ; °
(b) 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-
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 ;
(c) Urging, persuading , warning, or coercing its employees to re-
frain from joining the International Union of Mine, ' Mill and
-Smelter Workers, Locals Nos . 15, 17, 107, 108 , and 111 , affiliated with
the Congress of Industrial Organizations, or any other labor organ-
ization of its employees , or threatening them with discharge or with
non-reinstatement or non -employment if they join any such labor
organization ;
(d) In• any other manner interfering with, restraining , or coercing
its employees in the exercise of the right to self-organization , to form,
join, or assist labor organizations , to bargain collectively through 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) Make whole, all persons listed in Appendix "A" for any loss of
pay they may have suffered by reason of their discharges or discrimi-
nations, by payment to each of them a sum of money equal to the
difference between that which each would have earned as wages during
the periods appearing 'after their names in said , Appendix "A", and
the net earnings during such period, which sums have been agreed
upon and set forth after the ' names " of the persons listed under the
captions "Rialto Claimants" and "Lavrion Claimants" in said Ap-
pendix "A." The total of such sums agreed upon is $26,739.68.
(b) Immediately post notices, as set forth in Appendix "B", in
conspicuous 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 Rialto Mining Corpora-
tion will cease and desist in the - manner set forth in paragraph 1, sub-
divisions ( a), (b), (c), and '( d), and will take the affirmative action
set forth in paragraph • 2,subdiNision ( a) of this Order, and maintain
such notices for a period of at least ninety (90 consecutive days from
the date of posting.
(c), Notify the Regional Director for the Seventeenth Region of
the National Labor Relations Board, Kansas City, Missouri, in writing,
.within twenty (20) days from the date of this Order what steps the
respondent has taken ,to comply herewith.
RIALTO MINING CORPORATION
APPENDIX A
Back Pay
RIALTO CLAIMANTS
Name Amount
235
Period for which,
back pay is com-
puted
From- I To-
1 Sam William Armstrong------------------------------------------ $1, 505 62 7-5-35 11-11-41
2 James G' Collins--------- ------------------ -- ------ 1,942 90
3 John Frank Duncan ------------------------------------------- --- 2.040 92
4 Samuel Bernin Duncan------------------------------------------- '1,959 43
5 Budge Enoch -------------------------------------------------- 1,016 10
6 James Warner Kelton------------------------------------------- 1,756 14
7 Richard F Marley alias Buck Morley---------------------------- 1,933 63
8 Delmer John Coulter---------------------------------------------- 2, 031 60 11
9. Byron Edgar'Ed' Sharp---------------------------------------- 1,903 00
10 Bob Hill ------------------ '----- ------------------------ 315 63
11. Charles Everett Sharp -----_--_'---------------------------------- 1,p11 74
12. Harold Nelson Sharp-----------------------------------_-------- 1,007 25
13 Virgil Stevens Sharp ------------------- -------------------------- 1,009 32
14. William Henry Sharp-------------------------------------------- 1, 027 63
15 Vancil B Coffelt, by Elsie Coffelt, widow ------_ _-- 1,009 78 5-10-37
16 Luther Henry Conder -- ------------------------------ 1 514 44 2-15-36 11-11-41
17 Charles Calvin Landreth, by Lola Landreth Thompson, widow-- 887 29 7-5-35 1-20-40
LAVRION CLAIMANTS
1. Howard Robinson------------------------------------------------- $325 39 7-5-35 11-11-412 GuyJ Smith --------------i------------------------- 1, 238 783 Jack Daily Smith -------------------------------------------------- 1.303 09
Total --------------------------------------------------------- $26.739 68
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.
Rialto Mining Corporation shall cease and desist from
1. Discouraging membership in the International Union of Mine,
Mill and Smelter `Torkers , 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, affil-
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
iated 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 employ-
ment because of membership or activity in connection with any such
labor organization;
2. 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 or-
ganization of its employees , or threatening them with discharge or
with non-reinstatement or non -employment if they fail to join any
such labor organization;
3.' Urging, persuading , warning or coercinb 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-reinstatement or non-employment if they join any such labor
organization;
4. 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.
Rialto Mining Corporation shall take the following affirmative
action to effectuate the policies of the act :
1. Make whole all persons listed in Schedule "A" attached hereto
and by this reference made a part hereof, for any loss of pay they
may have suffered by reason of their discharges or discriminations,
by payment to each of them of a sum of money equal to the difference
between that which each would have earned as wages during the
periods appearing after their names in said Schedule "A", and the
net earnings during such periods, which sums have been agreed upon
and set forth after the names of the persons listed under the captions
"Rialto Claimants" and "Lavrion Claimants" in said Schedule "A".
The total of such sums agreed upon is $26 ,739.68.
This notice will remain posted for 90 consecutive days and' all
persons are warned not to remove or mutilate this notice.
RIALTO MINING CORPORATION,
By
Dated :