United Zinc Smelting Corp.

.n, In the Matter of UNITED ZINC SMELTING CORPORATION, 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-275. Decided August 15, 1942 Jurisdiction : lead and zinc mining industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Paul Nachtmain and Mr. Clarence D. Musser, for the Board. Mr. H. W. Lohman, of Moundsville, W. Va., 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, 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 Region (Kansas City,, Missouri), issued its complaint dated June 5, 1942, against United Zinc Smelting 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, 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 or about July 5,1935, discharged and at all times thereafter refused to reemploy six named employees because of their refusal to become members of the Tri-State Metal 43 N L R. B., No 30 237 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mine and Smelter Workers Union and/or the Blue Card Union of Zine and, Lead Mine, Mill and Smelter Workers, affiliated with the American Federation of Labor, labor organizations alleged to have been dominated by the respondent; and (2) by the foregoing acts and.by.other specified acts and conduct, 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 to the complaint. 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 approval by the Board. The stipulation provides as' follows : It is hereby stipulated and agreed by and between United Zinc Smelting Corporation, 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 representatives; 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 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 Reg- ulations, Series 2, as amended, Article IV, Section 1, issued its complaint on the 5th day of June, 1942, against Respondent herein. 2. •(a) Respondent hereby acknowledges service 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 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, 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 UNITED ZINC SMELTING CORPORATION ' 239 this reference made a part hereof, and this stipulation shall con- stitute the record in this matter ; (c)' Respondent waives the making of findings of fact and con- clusions of law by the National Labor Relations Board; (d) Respondent expressly consents to the issuance by the Na. tion'al Labor Relations Board of a Decision and Order based upon this stipulation, as hereinafter set out. II 1. Respondent is and has been since 1916 a corporation organ- ized under and existing by virtue of the la-^vs of the State of New York. It is licensed to do business in the States of West Virginia, Missouri and Oklahoma and maintains offices in the city of Joplin, State of Missouri. Respondent is engaged in the mining, smelting and refining of lead and zinc and in the manufacture of sulphuric acid. Respondent operates a smelter and acid plant at Mounds-' ville, West-Virginia, and operates and maintains mines and mills in the States of Oklahoma and Missouri 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 or near Joplin, Missouri and Picher, Oklahoma, mines, mills, sells and distributes lead and zinc. In excess of 60% of the lead and zinc so mined and milled is sold and distributed. to buyers" who distribute and sell into and through states of the United States other than the States of Missouri and Oklahoma. A substantial portion of the zinc produced by Respondent is distributed to its smelter plant at Moundsville, West Virginia. ' Respondent, in the year 1941, produced in excess of 3,000 tons- of zinc concentrate having a value in excess of $150,000. In -excess of 50% of the machinery and materials used by the Respondent in the mining and milling of its lead and zinc is received from states other than the States of Missouri and 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 from its mining operations and are essentially connected with and dependent on purchases , sales, shipments, and productive and distributive operations outside the States of Missouri and Oklahoma. 4. 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. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III International Union of Mine, Mill and Smelter Workers, Locals Nos. 107, 108, and 111, affiliated with the Congress of Indus- trial Organizations ; the Tri-State Metal Mine and Smelter Work- ers 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, United Zinc Smelting Corporation , 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. or- ganization 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 No . 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 ill 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; (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-employment if they fail to join any such labor organization; UNITED ZINC SMELTING CORPORATION 241 (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, 107, 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, affiliatedwith 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 No. 15, 17, 107, 108, and 111, affili- ated 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 coercing its employees in the exercise of the right to self=organiza- tion, to form, join, or assist labor organizations, to'bargain col- lectively 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 : I(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 em- ployees, as exclusive representative of its employees in an appro- priate unit, unless and until such labor organization is certified by the Board as exclusive representative; 431039-42-vol 43--16 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (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 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 con- ditions 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 reinstatement 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 discharges or discrimination by payment to each of them of 'a: sum of money equal to 75°Jo of the difference between that which each would have earned as wages from July 5, 1935, 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 $2,404.21. (e) 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 United Zinc Smelting Corporation, 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" 2 is attached hereto and by this reference is made a part hereof; (f) Notify the Regional Director for the Seventeenth Region of. the National Labor Relations Board, Kansas City, Missouri, 1 Schedule A is set forth as Appendix A to this Decision and Order 2 Exhibit C is set forth as Appendix B `o this Decision and Order. 'A' UNITED ZINC SMELTING CORPORATION .. 243 in writing within 20 days from the date of this order what steps the Respondent has taken to comply herewith. V t 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 imme- diately upon the granting of such approval. On July 28, 1942, the Board issued its order approving the stipula- tion, thaking 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 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 0 I. THE BUSINESS OF THE RESPONDENT The, respondent, United Zinc Smelting Corporation, a NeNv York corporation, is engaged in the mining, smelting, and refining of lead and zinc and in the manufacture of sulphuric acid. ' It is licensed to do business in Missouri, Oklahoma, and West Virginia. In its opera- tions in Missouri and Oklahoma, the respondent mines, mills, sells, and distributes lead and zinc. More than 60 percent of such products are sold and distributed to purchasers who, in turn, sell and distribute such products in various States of the United States, other than Missouri and Oklahoma. A substantial portion of zinc produced by the respondent is shipped to its smelter at Moundsville, West Virginia. In 1941, the respondent produced in excess of 3,000 tons of zinc con- centrate, having a value greater than $150,000. More than 50 percent of the machinery and materials used by the respondent in its operations in Missouri and Oklahoma are received from other States. For the 0 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD purpose of this proceeding the respondent admits that it is engaged in commerce within the meaning of the Act. We find that th'e 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 orders that United Zinc Smelting Corporation, Joplin, Mis- souri, 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 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, Local 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 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, affil- 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; UNITED ZINC ,SMELTING CORPORATION 245 (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 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; (e) Recognizing or. in any manner dealing with the Tri-State Metal Mine and Smelter Workers Union, the Blt e Card Union of Zinc and Lead Mine, Mill and Smelter Workers, affiliated with the American Federation of Labor, or any other labor organization of -ifs, employ- ees; 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 conditions of employment, unless similar recognition is granted to 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 Federa- tion 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 ac- tivities for the purpose of collective bargaining or other mutual aid or protection. 2. Take the following affirmative action which the Board finds will 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, un- 246 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD less ,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 rec- ognition 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 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; '(c) Offer to the employees named in Appendix "A" immediate and full reinstatement to their former or substantially. equivalent posi- tions at the places set out in said Appendix without prejudice to their seniority and other rights and privileges; (d) Make whole all persons listed in Appendix "A" for any loss of pay' they may have suffered by reason of their discharges or dis- crimination 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, to the dates appearing after their names in said'Appendix and the net earnings during such period, which sums have been agreed upon and set forth in Appendix "A". The total of such sums agreed upon is $2.404.21; (e) Immediately post notices, as set forth in Appendix "B" in con- spicuous 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 United Zinc Smelting Corporation, a corporation, will cease and desist in the manner set forth in paragraph 1, subdivisions (a), (b), (c), (d), (e), (f), and (g), and will take the affirmative action set forth in paragraph 2, sub- divisions (a), (b), (c), and (d) of'this Order, and maintain such no- tices, for a period of at least ninety (90) consecutive days from the date of posting; - (f) Notify the Regional Director for the Seventeenth Region of the National Labor Relations Board, Kansas City, Missouri, in writ- ing within twenty (20) days from the date of this Order what steps the respondent has taken to comply herewith. I UNITED ZINC SMELTING CORPORATION Name 247 APPENDIX A Location of plant or mill REINSTATEMENT Charles Nixon Anderson--------------------- Robert Wilson Jordon------------------------------------------------ Ellery Edward Mitts------------------------------------------------ James Riley Thompson ------------------------------- Bert A Tweedy----------------------- ---------- BACK PAY Ottawa County, Oklahoma' Date from July 5, 1935, ,Name Amount to which back pay is computed Charles Nixon Anderson__________________________________________ $137 64 August 5; 1936 Robert Wilson Jordon--------------------------------------------- 515 01 Ellery Edward Mitts _--__-_____________________ ----- 251 87 Fred Leroy Tague, by Mrs Fred Leroy Tague, Widow -_-_---_-_ 624 47 James,Riley Thompson--- -------------------------------------- 362 70 Bert A Tweedy- _---___ --------- ---------- ---------------- ---- 512 52 Total ------------- ------------------------------------------ $2, 404 21 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. United Zinc Smelting Corporation, a corporation, shall cease and desist from 1. 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 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 organ ization of their employees ; 2. Discouraging membership in the International Union of Mine, Mill and Smelter Workers, Locals Nos. 15, 17, 107, 108, and 111, af- filiated with the Congress of Industrial Organizations, or any other - labor organization of its employees, or encouraging membership in 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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; 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, af- filiated 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; 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 organization ; 5. Recognizing or'in any manner dealing with the Tri-State Metal Mirie 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; 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 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 Fed- eration of Labor is certified by the Board as exclusive representative 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, 'UNITED ZINC SMELTING CORPORATION .249 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. United Ziiic Smelting Corporation , 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, Mil 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; o 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 ,ith 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 sim- ilar recognition is granted to the International Union of Mine, Mill and Smelter Workers, Locals No. 15, 17, 107 , 108, and 111, affiliated with the Congress of Industrial Organizations; 3. 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 ; 4. 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 %0 of the difference between that which each would have earned as wages from July 5, 1935 , 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 $2404.21. This notice will remain posted for 90 consecutive days and all persons are warned not to remove or mutilate this notice. UNITED ZINC SMELTING CORPORATION , A CORPORATION, By /s/ H . W. LOHMAN, Pres. Date :