Childress Royalty Co.

In the Matter of CHILDRESS ROYALTY COMPANY, A CORPORATION, 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-218,9.-Decided May 22, 1942 Jurisdiction : mine servicing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Paul Nachtman and Mr. Clarence D. Musser, for the Board. Mr. Lloyd E. Roberts, of Joplin, Mo., for the respondent. Mr. Gobel F. Cravens, Mr. Louis N. Wolf, and Mr. Sylvan Bruner, all of Joplin, Mo., for the Union. Mr. Cecil F. Poole, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a charge and amended charge duly filed by International Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Seventeenth Re- gion (Kansas City, Missouri), issued its complaint dated April 16, 1942, against Childress Royalty Company, 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 Sec- tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint was duly served upon the respondent. With respect to the unfair labor practices, the complaint alleged in substance : (1) that the respondent discouraged membership in the Union, and encouraged membership in Tri-State Metal Mine and Smelter Workers Union and the Blue Card Union of Zinc and 41 N. L. R. B., No. 38. 174 CHILDRESS ROYALTY COMPANY 175 'Lead Mine,'Mill and Smelter Workers, aMliated.with the American Federation of Labor, herein called the Tri-State Union and the Blue Card Union, respectively, by discriminatorily discharging and re- fusing to reemploy Elmer Goodpaster; and' (2) that the respondent `interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act, in that iti among other things: (a) dominated and interfered with the administration of, and contributed financial or other support to, the Tri-State Union and the Blue Card Union; (b) warned and urged its employees to join 'the Tri-State Union' and the Blue Card Union, and threatened them with discharge or with non-reinstatement if they' failed to do so; (c) urged, warned, and coerced its employees to refrain from joining the Union, and threatened them with discharge or with non- reinstatement or `non-employment if they joined the Union; and (d) between July 5, 1935, and June 14, 1938, recognized, bargained collectively with, and entered into contracts with the Tri-State Union and the Blue Card Union. The respondent did not file an answer to the complaint. . On July 19, 1941, the Board, acting pursuant to Article II, Sec- tion 36 (b), of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, ordered that the case be consolidated with certain other proceedings in which similar charges had been contemporaneously filed by the Union. Thereafter; on March 7, 1942, the Board, having reconsidered the matter and having been further advised in the premises, revoked its prior order of consolidation. On April 21, 1942, representatives of the respondent, the Union, and the Board entered into a stipulation, subject to the approval of the Board, in settlement of the case. The stipulation provides as follows : It is hereby stipulated and agreed by and between Childress Royalty Company, a corporation, hereinafter referred to as the Respondent; International Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress of Industrial Organizations, hereinafter referred to as the Union, by their respective attorneys and representa- tives; and Paul Nachtman, Regional Attorney, and Clarence D. Musser, Attorney, National Labor Relations Board, Seventeenth Region, as follows : I 1. On charges and Amended Charges duly filed by Interna- tional Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress of Industrial Organizations, the National Labor Relations Board, through 176 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD ' George,d_, Bott, Regional Director, Seyenteenth 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 16th day of April, 1942, against Respondent herein., 2. (a) Respondent hereby acknowledges services-of a,.copy,of the aforesaid complaint; (b) Respondent expressly waives its right to file answers to said complaint or other pleadings; waives its right to a hearing on the complaint or other procedure before the, Board to.which it' may be entitled under the National tabor 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, and 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 stipula- tion shall constitute the record in this matter; (c) Respondent waives the making of findings of fact and conclusions of law by the National Labor Relations Board; (d) Respondent expressly consents to the issuance by the National Labor Relations Board of a Decision and Older based upon this stipulation, as hereinafter set out. II 1. Respondent is and at all times material hereto has been a Delaware corporation authorized to do business in the States of Missouri, Oklahoma and Kansas, and having its office and principal place of business in the city of Joplin, State of Mis- souri. Respondent transacts a substantial amount of business in the State of Missouri. 2. Respondent, in the course and conduct of its business, operates a water pump station near Quapaw, Oklahoma, the function of which said station is the removal of water from lead and zinc mines in the surrounding Tri-State District, so that customary mining operations can be performed. The afore- said mines are engaged in the mining and processing of lead and zinc, a substantial portion of which is sold and distributed to buyers who distribute and sell into and through states of the'-,UJnited States other than the State of Oklahoma. - The value of the lead and zinc produced by mines serviced by the Re- CEULDRESS ROYALTY COMPANY 177 spondent is in excess of One Hundred' Thousand Dollars ($100,000.00) per annum. 3. Respondent admits that for the purposes of this case only that it is engaged in and its operations affect interstate commerce 'within the meaning of Section 2 (6) and (7) of the National Labor Relations Act. 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 American Federation of Labor; are , or were, labor organizations within the meaning of Section 2 (5) of the Act. IV The National Labor Relations Board may forthwith enter an order in the above-entitled case to the following effect : Respondent, Childress Royalty Company ,, a corporation, its officers, agents, successors, and assigns, shall 1. Cease and desist from : (a) In any manner dominating or interfering with the adminis- tration of the Tri-State Metal Mine and Smelter Workers Union; and the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the American Federation of Labor, or the formation or administration of any other labor organization of 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 Aline, 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 discriminating in regard to their hire and tenure of employment or any term or condition of their employment because of mem- '6>s92-2-%oi I1--12 178 DECISIONS OF -NATIONAL - LABOR; RELATIONS BOARD bership 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-employ- ment if they fail to join any such labor organization; - (d) Urging,' persuading, warning, or coecing 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 repre- sentative ; (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 conditions of employment, unless similar recognition is granted to the International Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, affiliated with the Congress of Industrial Organizations, or unless and until the Tri-State Metal Mine and Smelter Workers Union or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the American Federation of Labor is certified by the Board as exclusive representative of its employees in an appropriate unit; (g) In any other manner interfering with, restraining, or co- ercing its employees in the exercise of the right to self-organiza- tion, 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 bar- gaining or other mutual aid or protection. CHILDRESS ROYALTY COMPANY 179 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 ap- propriate 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,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 its employees,for the purpose of dealing with it concerning griev antes, 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), Make whole Elmer Goodpaster for any loss of pay he may have suffered by reason of his discharge or discrimination, by,payment to him of a sum of money equal to 75% of the dif- ference between that which he would have earned as wages from July 5, 1935, the date of the company's discrimination against him, to September 5, 1935 (the date Elmer Goodpaster's job was discontinued), and his net earnings during such period, which sum has been computed to be $150.00; (d) 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 Childress Royalty Company, a corpora- tion, 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), and (d), of this order, and maintain such notices for a ,period of at least 90 consecutive clays 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 ; (e) Notify the Rdgional Director for the Seventeenth Region of the National Labor Relations Board, Kansas City, Missouri, 180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 appropriate United States Circuit Court of Appeals, upon appli- cation 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 immedi- ately upon the granting of such approval. On May 2, 1942, the Board issued an order approving the stipula- tion, making it a part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended; transferring the proceeding to the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation. 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 Childress Royalty Company is a corporation organized under the laws of the State of Delaware, with its office and principal place of business in Joplin, Missouri. The present proceeding involves only a water pump station operated by the respondent near Quapaw, Oklahoma. It is the function of this water pump station to- remove water from lead and zinc mines in the surrounding Tri-State Dis- trict,' so that customary mining operations can be performed. The mines thus serviced by the respondent's water pump station produce and process lead and zinc valued at more than $100,000 per annum, a substantial portion of which is sold and distributed to buyers, who in turn sell and distribute these products into and through States other than the State of Oklahoma. I This area includes the States of Missouri, Oklahoma , and Kansas CHILDRESS ROYALTY COMPANY 181 The respondent stipulated, and we find, that it 'is engaged in com- anerce, within the meaning of the Act. 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 Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Childress Royalty Company, a ,corporation,- and its officers, agents, successors , and assigns , shall : 1. Cease and desist from : (a) In any manner dominating or interfering with the adminis- tration of the Tri-State Metal Mine and Smelter Workers Union; and the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the American Federation of Labor, or the formation or adniinistration 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 em- ployees 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 its employees to join the Tri-State Metal Mine and Smelter Workers Union or the Blue Card'Vniotnof-Ziiic,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 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 organiza- tion of * its employees , or threatening them with discharge or with 182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 ap- propriate 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 em- ployees 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 International Union of Mine, Mill and Smelter Work- ers, 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 Amer- ican 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 con- certed 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 Fed- eration 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 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 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, , CHILDRESS ROYALTY COMPANY 183 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 simi- lar 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) Make whole Elmer Goodpaster for any loss of pay he -may have suffered by reason of his discharge or discrimination, by pay- Inent to him of a sum 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 September 5, 1935 (the date Elmer Goodpaster's job was discontinued), and his net„earnings, during such period, which sum has been computed to be $150.00; (d) Immediately post notices in conspicuous places throughout its mines and mills, including, among such places, bulletin boards com- Inonly used by the respondent for making announcements to its em- ployees, stating that Childress Royalty Company, a corporation, will cease and desist in the manner set forth in Section, 1, subsections (a), (b), (c), (d), '(e), (f), and (g), and will take the affirmative action set forth in Section 2, subsections (a), (b), (c), and _(d), of this Order, and maintain such notices for a period of at least 90 con- secutive days from the date of posting. A copy of this notice, marked Exhibit "A", •is'attached hereto and by this reference is made a part hereof ; (e) Notify the Regional Director for the Seventeenth Region of the National Labor Relations Board, Kansas City,-Missouri, in writ- ing, within 20 days' from the date of this Order what steps the re- spondent•has:taken to comply, herewith. - EXHIBIT "A" NOTICE Membership in Tri-State Metal Mine and Smelter Workers Union, or the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers," affiliated with the American Federation of Labor, or in ny 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 Industrial Organizations, is not required to' obtain or retain employment with this company. Childress Royalty Company, a corporation, shall-cease and desist from 1., in any manner dominating or interfering with the administra-, tidn of the Tri-State Metal Mine and Smelter'Workers Union; and 184 DECISIONS Or NATIONAL LABOR RELATIONS BOARD, 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 theit employees; 2. 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 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 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, 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 rion-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 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 ; 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 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 Amer- ican Federation of tabor, as representative of any of its employees I CHILDRESS ROYALTY -COMPANY _ 185 for the purpose,of dealing with the Respondent concerning griev- ances, 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 Indus- trial 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 represent- ative of its employees in an appropriate unit; 7. In any other manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in con- certed activities for the purpose of collective bargaining or other mutual aid or protection. Childress Royalty Company, a corporation, shall take the following affirmative action to effectuate the policies of the Act : 1. Withhold recognition from the Tri-State Metal Mine and Smel- ter 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 exclu- sive 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 recognition from the Tri-State Metal Mine and Smelter Workers Union and the Blue Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the American Federation of Labor, as representative of any of its employees for the purpose of dealing, with it concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment unless similar recognition is granted to the International Union of Mine,. Mill and Smelter Workers, Locals Nos.- 15, 17, 107, 108, and 111, affiliated with the Congress of Industrial Organizations; 3. Make whole Elmer Goodpaster for any loss of pay he may have suffered by reason of his discharge or discrimination, by payment to. him of a sum 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 September 5, 1935 (the date Elmer Goodpaster's job was discontinued), and his net 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD earnings during such period , which sum has been computed to be $150.00. This notice will remain posted for 90 consecutive days and all persons are warned not to remove or mutilate this notice. CHILDRESS ROYALTY COMPANY, A CORPORATION. By ------------------------------ Date: