, 176 (1939)

In the Matter of INTERNATIONAL AGRICULTURAL CORPORATION, WALES,

TENNESSEE, PLANT cand INTERNATIONAL UNION OF MINE, MILL, AND SMELTER WORKERS In the Matter of INTERNATIONAL AGRICULTURAL CORPORATION, MT.

PLEASANT, TENNESSEE, PLANT and INTERNATIONAL UNION OF MINE,

MILL, AND SMELTER WORKERs, LOCAL No. 278 Oases Nos. C-1026 and C-1027.-Decided October 19, 1939 Phosphate Mining Industry--Interference, Restraint, and Coercion: questioning employees regarding union activity; persuading employees to refrain from joining or to resign from union-Discrimination: evidence insufficient to sustain findings of-Strike: involved-Agreement: to withdraw charges given effect in order to effectuate the policies of the Act-Order: entered requiring respondent to cease and desist its unfair labor practices at its Wales plantComplaint: allegation of, that respondent engaged in or is engaging in unfair labor practices at its Mt. Pleasant plant, dismissed.

Mr. Louis Libbin, for the Board.

Mr. Thomas H. Peebles, Sr., of Columbia, Tenn., and Mr. C. P.

Hatcher and Mr. William WValler, both of Nashville, Tenn., for the respondent.

Mr. Van D. Jones, of Bessemer, Ala., for the Union.

Mr. Ralph S. Rice, of counsel to the Board.

DECISION AND ORDER STATE MENT OF THE CASE On August 6, 1937, International Union of Mine, Mill, and Smelter Workers, herein called the Union, filed charges that International Agricultural Corporation, herein called the respondent, had engaged in unfair labor practices at its Wales, Tennessee, plant. On September 2, 1937, the Union by its Local No. 278 filed charges that the respondent had engaged in unfair labor practices at its Mt.

Pleasant, Tennessee, plant. On April 28, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to National Labor Relations Board Rules and Regulations--Series 1. as amended, ordered that the two cases initiated by the aforesaid 176 charges be consolidated for the purpose of hearing. On May 7, 1938, the Union by its Local No. 278 filed amended charges as regards the Mt. Pleasant, Tennessee, plant of the respondent.

Upon the aforesaid charges and amended charges duly filed by the Union, the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint dated May 12, 1938, against 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.

In respect to the unfair labor practices, the complaint alleged in substance (1) that the respondent, while engaged at the Mt. Pleasant and Wales plants, at all times since on or about June 1, 1937, had continuously discouraged membership in the Union, solicited the withdrawal of membership of its employees from the Union, and attempted to destroy the Union by threatening employees with discharge and discrimination for joining or remaining members of the Union or engaging in activities in connection therewith; (2) that the respondent by the aforesaid and by other acts had interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act; (3) that the respondent discharged William Hutton about May 28, 1937, from its Wales plant for the reason that he made application to join and assisted the Union and for said reason thereafter refused to reinstate him until August 15, 1937; and (4) that, upon the resumption of operations at the Mt. Pleasant plant on about August 28, 1937, following the termination of a strike, the respondent delayed and deferred the reinstatement of George Odom, Tom Green, Charlie Robinson,

Robert Newcomb, Floyd Chapman, and George W. McAfee, and refused and continues to refuse to reinstate Sidney Johnson, Clarence Henson, Johnnie Lemay, Joseph E. Johnson, Clarence Kennedy,

Herman Davis, E. C. Serrett, and William Keltner, for the reason that they were members of and active in behalf of the Union, and engaged in other concerted activities for the purposes of collective bargaining and other mutual aid and protection.

On May 26, 1938, the respondent filed its answer in which it denied the jurisdiction of the Board and in which it further denied that the respondent had engaged in the alleged unfair labor practices.

Pursuant to the notice, a hearing was held at Columbia, Tennessee, on May 27, 30, and 31 and June 1, 1938, before Henry J. Kent, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the hearing, counsel for the Board moved that the complaint be amended to include Wilson Chapman among those employees who had been refused reinstatement at all times following the termination of the strike at the Mt. Pleasant plant on about August 28, 1937. No objection was raised to this motion and it was granted by the Trial Examiner. Upon motion of counsel for the Board, the complaint was also amended to allege that Charlie Robinson had been refused employment at all times after on or about August 28, 1937. Upon motion of counsel for the Board, the complaint was dismissed by the Trial Examiner in so far as it alleged that the respondent had discriminated against George Odom,

Floyd Chapman, Tom Green, Robert Newcomb and George W. McAfee. At the close of the Board's case and again at the close of the hearing, counsel for the respondent moved that the entire complaint be dismissed because of lack of evidence to sustain the allegations thereof. The Trial Examiner reserved ruling upon this motion.

During the course of the hearing the Trial Examiner made several other rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed.

On November 4, 1938, the Trial Examiner filed his Intermediate Report, copies of which were duly served upon the respondent and upon the Union. In his Intermediate Report, the Trial Examiner found (1) that the respondent had interfered with, restrained, and coerced its employees at the Wales and Mt. Pleasant plants within the meaning of Section 8 (1) of the Act; and (2) that the respondent had discriminated within the meaning of Section 8 (3) of the Act with regard to the hire and tenure of employment of William Hutton at the Wales plant and Sidney Johnson, Johnnie Lemay, Clarence Henson, and Clarence Kennedy at the Mt. Pleasant plant. He recommended that the respondent be ordered to cease and desist from its unfair labor practices; to make whole Hutton for any loss of pay, suffered by reason of the discrimination against him; to offer Johnson, Lemay, Henson, and Kennedy immediate and full reinstatement and to make them whole for any losses of pay suffered by reason of the discrimination against them; and to take certain other affirmative action to remedy the situation brought about by the unfair labor practices. The Trial Examiner denied in his Intermediate Report the motion made by counsel for the respondent at the hearing for a dismissal of the entire complaint because of lack of proof and upon 450,000 to $500,000. Approximately 70 per cent of such phosphate rock is sold and shipped outside of Tennessee.

At the Wales rock-phosphate plant, the operations are similar to those carried on at the Mt. Pleasant plant. During the year prior to the hearing, the respondent purchased for such Wales plant approximately $20,000 worth of supplies and machinery. Over 50 per cent of such supplies and machinery were obtained from outside Tennessee. During the same period, it purchased for the Wales plant approximately $23,000 worth of coal, all of which was obtained from Kentucky. The Wales rock-phosphate plant produces annually approximately 50,000 tons of lump rock having a sales value of $200,000 to $250,000 and 45,000 tons of ground rock having an approximate sales value of $200,000. Approximately 75 per cent of the lump rock produced at the Wales plant is used in making fertilizer at the Wales fertilizer plant and most of the remaining 25 per cent is shipped outside the State of Tennessee. Approximately 80 per cent of the ground rock produced at the Wales plant is shipped outside the State of Tennessee.

At its fertilizer plant at Wales, the respondent is engaged in the manufacture of phosphate fertilizer and complete fertilizers. The raw materials used in such manufacture are sulphuric acid, phosphate rock, fertilizer nitrates and potassium salts, sulphate of ammonia, caustic soda and soda ash. The sulphuric acid, which constitutes approximately 50 per cent of the total raw materials used, is purchased in Tennessee but is shipped to the plant by rail through Kentucky. The phosphate rock, which constitutes 35 per cent of the total raw materials used, is obtained from the respondent's rockphosphate plant at Wales. Practically all the remaining raw materials are obtained from outside the State of Tennessee. Over 50 per cent of the supplies and machinery parts for the fertilizer plant is also obtained from outside Tennessee. The Wales fertilizer plant produces annually approximately 20,000 tons of fertilizer. Approximately 75 per cent of the fertilizer is shipped outside the State of Tennessee. At this plant, there is also produced annually approximately 2,000 tons of trisodium phosphate and 3,000 tons of disodium phosphate. Approximately 90 per cent of these products is shipped outside of Tennessee.

The respondent employs at the Mt. Pleasant rock-phosphate plant about 150 to 160 persons, at the Wales rock-phosphate plant from...