Rialto Mining Corp.

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 11-11-41 2 GuyJ Smith --------------i------------------------- 1, 238 78 3 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 :