Tri-State Zinc Inc.

National Labor Relations Board - Board Decisions

Mar 25, 1942

39 N.L.R.B. 1095 (N.L.R.B. 1942)

In the Matter of TRI-STATE ZINC INC , A CORPORATION and INTERNA-
TIONAL UNION OF MINE, MILL & SMELTER WORKERS, LOCALS Nos. 15,
17, 107, 108 AND 111 AFFILIATED WITH THE C. I. O.
' Case No. C-2130.-Decided MarcA25,1942
Jurisdiction : lead and zinc tailing processing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Air. Clarence D. Musser, for the Board.
Mr. Paul E. Bradley, for the respondent.
Mr. Gobel'F. Crarvens, Mr. Sylvan Brwner, and Mr. Louis N. Wolf,
for the International.
Mr. George H. Gentithes, 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 & 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 Region
(Kansas City, Missouri), issued its complaint dated February 20, 1942,
against Tri-State Zinc Inc., a corporation, Joplin, Missouri, herein
called the respondent, alleging that the respondent had engaged in, and
was engaging in, unfair labor practices affecting commerce, within the
meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint and the accompanying notice of hearing were
duly served upon the respondent and the International. Concerning
the unfaiilabor practices, the complaint alleged in substance (1) that
the respondent discouraged membership in the International, and en-
couraged 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, labor or-
39 N L R B., No. 207.
1095
1096 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ganizations herein called Tri-State and Blue Card, respectively, by dis-
charging Thomas (Tom) Allen Bybee, Sammie Newton Forrest,
Howard Raymond Gonce, Earl Henry Hand, Charles C. (L) Martin,
Doris Dargil Smith, Elmer Smith, Delmar Marvin Crossland, and
Chester Johnston, and refusing to employ them except upon com-
pliance with an illegal condition, namely, that they become members 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 and 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 dis-
charge, non-reinstatement and non-employment if they failed to join
said labor organizations; (4) that respondent has urged, persuaded,
warned, and coerced its employees to refrain from joining the Inter-
national, and threatened them with discharge, non-reinstatement or
non-employment if they joined said labor organization; `(5) that be-
tween July '5, 1935, and June 14, 1938, the respondent recognized, bar-
gained collectively with, and' entered into a contract with Tri-State
and Blue Card, although those organizations were not the free and
legal representatives of 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 Section 7 of
the Act.
Prior to a hearing, on February 27, 1942, the respondent, the Inter-
national, and the Regional Attorney for the Seventeenth Region,
entered into a stipulation, subject to approval by the Board, for
settlement of the case. The stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between Tri-State
Zinc, Inc., a corporation, hereinafter referred to as the respond-
ent, by Paul E. Bradley, its attorney; International Union of
Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and
111, affiliated with the Congress of Industrial Organizations, here-
inafter referred to as the Union, by Gobel F. Cravens, Interna-
tional union representative and Sylvan Bruner and Louis N.
Wolf as attorneys for the locals Numbers 15, 17, 107, 108, and 111
and Claimants herein; and Clarence D. Musser, Attorney, Na-
tional 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-
TRI-STATE ZINC INC. 1097
ganizations, 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
Regulations, Series 2, as amended, Article IV, Section 1, issued
its complaint on the 20th day of February, 1942, against respond-
ent 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
the said complaint or other pleadings; waives its right to a
hearing on the complaint or other procedure before the Board to
which it may be entitled under the National Labor Relations
Act or the Rules and Regulations of the Board; and expressly
stipulates that the charges, amended charges, the complaint, an
affidavit executed by F. W. Evans, dated July 23, 1941, an affi-
davit executed by Joe Nolan, dated July 23, 1941, marked Ex-
hibits "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:
0
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, having general offices and 'a place of business in the
State of Oklahoma, where it operates and maintains tailing
mills which are engaged in the processing of lead and zinc tail-
ings. Respondent transacts a substantial amount of business in
the State of Missouri.
2., Respondent, in the course and conduct of its business, at the
place of business aforesaid processes, sells, and distributes lead
and zinc. Approximately 60 percent of the lead and zinc so
processed is sold and distributed to buyers who distribute and
sell into and through states of the United States other than the
State of Oklahoma. The total gross sales of respondent for the
year 1941 were in excess of $400,000. Approximately 60 `percent
of the machinery and materials used by the respondent in the
i
1098 _ DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
processing of its lead and zinc is received from states other than
the State of Oklahoma.
3. The aforesaid operations of respondent occur in the course
of and affect commerce among the several states and are syn-
chronized by planning , scheduling , and coordinating to maintain
a flow of metals and minerals through its operations and are
essentially connected with and dependent on purchases , sales,
shipments , and productive and distributive operations outside the
State of Oklahoma.
4. 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
1. 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 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 , Tri-State Zinc, Inc., a corporation, 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
TRI-STATE ZINC INC. 1099
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 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
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 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
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 appro-
priate unit.
(g) In any other manner interfering with, restraining, or
,coercing its employees in the exercise of the right to self -organiza-
1100 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion, to form, join, or assist labor organizations, to bargain collec-
tively 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) 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 certi-
fied 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 Feder-
ation of Labor, is certified by the Board as such exclusive repre-
sentative, withhold recognition from the Tri-State Metal Mine
and Smelter Workers Union or the Blue Card, Union of Zinc and
Lead Mine, Mill and Smelter Workers, affiliated with the Ameri-
can Federation of Labor, as representative of any of its employees
for the purpose of dealing with it concerning grievances, labor
disputes, wages, rates of pay, hours , of employment, or other
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 Organization ;
(c) Offer to the employees named in Schedule "A" 1 attached
hereto and by this reference made a part hereof 'immediate and
full reinstatement to their former or susbtantially equivalent posi-
tions, at the places set out in said schedule without prejudice to
their seniority and other rights and privileges;
(d) Make whole all persons listed in Schedule "A" referred to
above for any loss of pay they may have suffered by reason of
their discharges, or discrimination, by payment to each of them,
of a sum of money equal to 75o%o of the difference between that
which each would have earned as wages from July 5, 1935, the
date of the company's discrimination against employees listed in
Schedule "A", to the dates appearing after their names in said
schedule, and the net earnings during such period, which sums'
have been agreed upon and set forth in Schedule "A". The total
of such sums agreed-upon is $5,850.00.
1 Schedule "A" is appended at the end of the Board 's Decision
TRI-STATE ZINC INC. 1101
(e) Immediately post notices in conspi,;uous places throughout
its mills, including, among such places, all bulletin boards com-
monly used by respondent for announcements to its employees,
stating that Tri-State Zinc, Inc., a corporation, will cease and
desist in the manner set forth in Section 1, subsections (a), (b),
(c)', (d), (e), (f), and (g), and will take the affirmative action
set forth in Section 2, subsections (a), (b), (c), (d), and (e), of
this order, and maintain such notices for a period of at least 90
consecutive days from the date of posting. A copy of this notice,
marked Exhibit "C" is attached hereto and by this reference is
made a part hereof. 2
(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 ap-
propriate 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 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 immedi-
ately upon the granting of such approval. '
On March 9, 1942, the Board issued an order approving the Stipu-
lation, 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 provi-
sions of said Stipulation.
Upon the above Stipulation and the entire record in the case, the
Board makes the following:
2 Exhibit "C" immediately follows Schedule "A" at the end of the Board's Decision.
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is a Delaware corporation having its general offices
and a place of business in the State of Oklahoma, where it operates
and maintains' tailing mills which are engaged in processing lead and
zinc tailings. Respondent also transacts a substantial amount of busi-
ness in the State of Missouri. Approximately 60 percent of the lead
and zinc processed is sold and' distributed to buyers who in turn dis-
tribute and sell it in States other than the State of -Oklahoma. In
1941, respondent's gross sales were in excess of $400,000. Approxi-
mately 60 percent of the machinery and materials used by the re-
spondent is shipped to it from States other than the State, of Okla-
homa. The respondent admits, for the purpose of this proceeding,
that it is engaged in commerce 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 Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Tri-State Zinc, Inc., a corporation,
Joplin, Missouri, 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 Work-
ers, affiliated with the American Federation of Labor, or the forma-!
tion 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, affili-
ated 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-
TRI-STATE ZINC INC. 1103
ment because of membership or activity in connection with any such
labor organization;
(c) Urging, persuading, warning, or coercing its employees to join
the Tri-State Metal Mine and Smelter Workers Union, or the Blue
Card Union of Zinc and Lead Mine,. Mill and Smelter workers, affili-
ated 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 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 organ-
ization 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 Shelters 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 Organ-
izations, 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-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 :
448105-42-vol. 39--71
1104 DECISIONS OF - NATIONAL LABOR RELATIONS BOARD
(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 repre-
sentative ;
(b) Unless and until the Tri-StateMetal 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 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;
(c) Offer to the employees named in Schedule "A" attached hereto
and by this reference made a part hereof, immediate and full reinstate-
ment to their former or substantially equivalent positions, at the places
set out in said schedule without prejudice to their seniority and other
rights and privileges;
(d) Make whole all persons listed in Schedule "A" referred to above
for any loss of pay they may have suffered by reason of their, dis-
charges, or discrimination, by payment to each of them, of a sum of
money equal to 75% of the difference between that which each would
have earned as wages from July 5, 1935, the date of the company's
discrimination against employees listed in Schedule "A", to the dates
appearing after their names in said schedule, and the net earnings
during such period, which sums have been agreed upon and set forth
in Schedule "A". The total of such sums agreed upon is $5,850.00;
(e) Immediately post notices in conspicuous places throughout its
mills, including, among such places, all bulletin boards commonly
used by respondent for announcements to its employees, stating that
Tri-State Zinc, Inc., a corporation, will cease and desist in the manner
set forth in Section 1, subsections (a), (b), (c), (d), (e), (f), and (g),
and will take the affirmative action set forth in Section 2, subsections
(a), (b), (c), (d), and (e), of this order, and maintain such notices
for a period of at least 90 consecutive days from the date of posting.
A copy of this notice, marked Exhibit "C" is attached hereto and by
this reference is made a part hereof; '
TRI-STATE ZINC INC. 1105
(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.
SCHEDULE "A" OF STIPULATION '
REINSTATEMENT
Name Location of Plant or Mill
I Elmer Smith----------- Ottawa Mill, Picher, Oklahoma ,
2 Earl Hand------------- Missouri Mining Company Plant , Chitwood , , Missouri
BACK PAY,
Name
1 Thomas Allen Bybee (erroneously referred to Amount
in, charge as Tom Allen Bybee) ------------ - $81 49
2 Saninue Newton Forrest----------------------- 81 49
3 Howard Raymond Gonce---------------------- 81.49
4 Chester Johnston, by Lucille Johnston, widow-_ 81 52
5 Doris Dargil Smith ---------------------------- 81.49
0 Delmar Crossland----------------------------- 1,210 07
7. Earl Hein y Hand---------------------------- 2, 373 17
8. Charles L Martin ( Erroneously referred- to in •
charge as Charles C Martin) ---------------- 1,859 28
Total-------------------------------- 5,850 00
NOTICE
Date from July
5, 1935, to
which back pay
is computed
8/13/35
8/13/35
8/13/35
8/13/35
8/13/35
11/14/37
3/30/38
3/1/38
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 noel-membership in In-
ternational Union of Mine, 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 employment with
il`?,,company.
Tri Ltate Zinc, Inc., a corporation shall cease and desist from.
1. In 1%ny manner dominating or interfering with the administra'
tion of the Tri-State Metal Mine and Smelter Workers .Union; and-
the Blue C 'd Union of Zinc and Lead Mine, Mill and Smelter Work-
ers, affiliated' with the American Federation of Labor, or the,forma=
tion or administration of any other labor organization of their em-
ployees, 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 ;
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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, 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;
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 organiza-
tion of its employees, or threatening them with discharge or with non-
reinstatement of non-employment if they fail to join any such labor
organization;
4. Urging, persuading, warning,' or coercing its employees to re-
frain from joining the International Union of Mine, Mill and Smelter
Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Con-
gress of Industrial Organizations, or any other labor organization of
its employees, or threatening them with discharge or with non-
reinstatement or non-employment if they join any such labor organiza-
tion;
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 em-
ployees, as exclusive representative of its employees in an appropri-
ate 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 Me
Mine and Smelter Workers Union, the Blue Card Union of Zii}y and
Lead Mine, Mill and Smelter Workers, affiliated with the Arerican
Federation of Labor, as representative of any of its employes 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 In-
ternational Union of Mine, Mill and Smelter Workers, Locals Nos.
15, 17 , 107, 108, and' 111, affiliated with the Congress of Industrial Or-
ganizations,.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
TRI-STATE ZINC INC. 1107
Labor is certified by the Board as exclusive representative of its em-
ployees 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
representatives of their own choosing and to engage in concerted
activities for the purpose of collective bargaining or other mutual aid
or protection.
Tri-State Zinc, Inc., a corporation shall take the following affirma-
tive 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 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;
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 repre-
sentative of any of its employees for the purpose of dealing with it
concerning grievances , labor disputes , wages, rates of pay, hours of
employment, or other conditions of employment unless similar recog-
nition is granted to the International Union of Mine, Mill and Smelter
Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Con-
gress of Industrial Organizations;
3. Offer to employees named in Schedule "A" attached hereto and
by this reference made a part hereof immediate and full reinstate-
ment to their former or substantially equivalent positions , without
prejudice to their seniority and other rights, and privileges;
4. Make whole employees named 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 discharge, or discrimination , by pay-
ment to them of a sum of money equal to 75 % of the difference between
that which they would have earned as wages from July 5 , 1935, the
date of the company's discrimination against them , to the date of such
offer of reinstatement , and their net earnings during such period,
which sum has been computed to be [$5,850.00].
This notice will remain posted for 90 consecutive days and all per-
sons are warned not to remove or mutilate this notice.