National Labor Relations Board v. Sunshine Min. Co.

Upon petition of the National Labor Relations Board the court required the respondent, Sunshine Mining Company, and certain of its officers and agents to show cause why they should not be adjudged in contempt for violating the order of this court.

The complaint is that the respondent is attempting to make settlements with certain employees for back pay by tendering to them checks for certain amounts, there being attached to said checks as a part thereof a form of receipt as follows:

It is alleged by the Board that in certain instances these amounts are less than the Board has estimated to be due the employee. It is further alleged, and this is the chief basis for this proceeding, that “The Board formally requested respondent to withdraw the condition contained on the *423 face of these checks, hut respondent refused to do so”.

Upon the hearing it was revealed that considerable correspondence took place between the National Labor Relations Board and respondent relative to the use of this form of check, which had been theretofore submitted to the attorneys for the National Labor Relations Board. The following excerpts from this correspondence are important in considering the…