Republic Steel Corp.

In the Matter of REPUBLIC STEEL CORPORATION and UNITED MINE WORKERS OF AMERICA LOCAL #6320 In the Matter Of REPUBLIC STEEL CORPORATION and UNITED MIND WORKERS OF AMERICA LOCAL #6547 Cases Nos. C-1545 and C-1546.-Decided January 05, 1941 Jurisdiction : steel products manufacturing industry. Settlement : stipulation -providing for compliance with the Act Remedial Orders : entered on stipulation. Mr. Henry Shore and Mr. Winthrop A. Johns, for the Board. Mr. Thomas S. Veach; Jones, Day, 'Cockley cC Reavi$, by Mr. George D. Bonebrake; Mr. Arthur J. Gentholts; Mr. Eugene J. Magee; and Mr. T. F. Patton; all of Cleveland, Ohio, for the Company. Mr. John Kramrech, of Uniontown, Pa., Mr. William J.• Hynes, of Fayette City, Pa., and Mr. Anthony Cavalcante, of Uniontown, Pa., for the Union. Mr. N. Barr Miller, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Charges and amended charges having been duly filed by United Mine Workers of America, Local #6320, and United Mine Workers of America, Local #6547, herein called the Union, the National Labor Relations Board, herein called the Board, on January 4, 1939, acting pursuant to Article II, Section 37 (b), of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered the cases based upon the charges consolidated for the pur- pose of hearing and for all other purposes and, on May 18, 1939, by the Regional Director for the Sixth Region (Pittsburgh, Penn- sylvania), issued its complaint against Republic Steel Corporation, herein called the respondent, alleging that the respondent had en-' gaged in and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, 29 N L. R. B, No 38. 207 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD herein called the Act. Copies of the complaint were duly served upon the respondent, the Union, and the Workman's Brotherhood. With respect to the unfair labor practices, the complaint alleged, in substance, that at its Trotter and Davidson mines ih Fayette County, Pennsylvania, the respondent: (1) had dominated and in- terfered with the formation and administration of a labor organiza- tion known as Workman's Brotherhood and had contributed financial and other support thereto; (2) in order to discourage membership in the Union and encourage membership in Workman's Brotherhood, on specified dates, discriminated with respect to the hire, tenure, and conditions of employment of 58 named individuals because of their membership and activities in the Union and because they engaged in concerted activities with other employees of the respondent for the purposes of collective bargaining and other mutual aid and pro- tection; and (3) by the foregoing activities, by seeking information about the internal affairs of the Union, by trailing and shadowing union representatives and spying upon union members, and by im- porting strikebreakers and promoting a back-to-work movement during a strike, and by other activities, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of 'the Act. On May 22, 1939; the respondent filed its answer to the complaint, denying all allegations with respect to the unfair labor practices. Pursuant to notice, a hearing was held in Uniontown, Pennsyl- vania, from May 25 to August 25, 1939, before Thomas S. Wilson, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented by counsel and partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues, was afforded all parties. On April 13, 1940, the Trial Ex- aminer issued his Intermediate Report, copies of which were duly served on all parties, in which he found that the respondent had engaged and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) -and (7) of the Act. He recommended that the respondent cease and desist from the unfair labor practices; withdraw recogni- tion from Workman's Brotherhood as a bargaining representative of any of its employees and disestablish it as such representative; reimburse its employees whose dues in Workman's Brotherhood were checked off for the amount thus deducted from their wages; offer immediate and full reinstatement to their former or substantially equivalent positions to 33 named individuals; place 10 named indi- viduals on a preferential hiring list; make whole 45 named indi- viduals for losses of pay suffered as a result of the respondent's REPUBLIC STEEL CORPORATION 209 unlawful discrimination agai nst them ; , and take other affirmative action in order to effectuate the policies 'of the Act. The Trial Ex- aminer further recommended that the complaint , be dismissed as to eight of the alleged discriminatory discharges., On May 13, 1940, the respondent filed exceptions to the Inter- mediate Report. On May 23, 1940 , the Workman's Brotherhood filed a brief. On June 11 , 1940, pursuant to request therefor by the respondent and notice thereof to all parties , a hearing was had be- fore the Board in Washington , D. C., for the purpose of oral argu- ment. Counsel for the respondent and the Union appeared and participated therein. - On December 4, 1940, the respondent , the Union , and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : STIPUL XTION Upon charges and amended charges filed on April 28, 1939, by United Mine Workers of America Locals #6320 and #6547 (hereinafter called the Union), both Locals being affiliated with the Congress of Industrial Organizations, the National Labor Relations Board (hereinafter called the Board), by the Regional Director for the Sixth Region, issued its complaint dated May 18, 1939, against Republic Steel Corporation (hereinafter called the Corporation), alleging that the Corporation had engaged in unfair labor practices affecting commerce within the meaning of Section 8 (1) (2) (3) of the National Labor Relations Act. The Corporation duly filed its answer denying each and, all of the charges set, forth in said complaint, and thereafter a hearing was held before a duly designated Trial Examiner of the Board, and on April 13, 1940, said Trial Examiner issued his Intermediate Report. Thereafter the Union and the Corporation filed excep- tions to said Intermediate Report; and the Board heard oral arguments on said exceptions. It being the desire of the parties hereto to conclude all proceedings before the Board in this case, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES Hereto : (1) That the Corporation and the Union hereby withdraw the exceptions filed by each to the above-mentioned Intermediate Report. (2) That the Corporation is incorporated under and existing by virtue of the laws of the State of New Jersey, having its 1 Allegations of four other discriminatory discharges were stricken from the complaint during the course of the hearing. 210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD principal executive offices in Cleveland , Ohio. It was incorpo- rated in the year 1930 . The Corporation is engaged, among other things, in the manufacture, production , sale and distribu- tion of a diversified line of iron and steel products , including pig-iron, semi-finished steel, alloy steels, special steels, billets, bars, pipe , hot and cold rolled sheets , strip tin, terne' plates, bolts and nuts, fabricated materials and other products . As a part of the operations of the Corporation , it operates or has operated a number of coal properties in the State of Pennsyl- vania. In 1935 the Corporation leased from the H . C. Frick Coke Company ' the Davidson mine and the Trotter mine lo- cated in Fayette County, Pennsylvania . The Trotter mine was abandoned on March 25 ,. 1938, and the Davidson mine was abandoned in June 1940 . Approximately 20 per cent of the repair parts and supplies purchased for use in the Davidson mine during its operation was purchased from sources in the States of Ohio, West Virginia, New York and Illinois. These parts and supplies so purchased consisted of spare and replacement parts, powder, timbers, oils and general supplies . These, sup- plies and equipment were transported to said mines by trucks and rail. The preponderant portion of the-coal produced from said mines was shipped to the Corporation 's mills in the State of Ohio- by rail, and absorbed and used by the Corporation at its Ohio plants. one of the coal produced from these mines was sold commercially, but was wholly consumed by the Corporation, either at its mines in Fayette County, Pennsylvania , or at its steel mills in the State of Ohio. While the Trotter mine was being operated, the sources of its supplies and equipment and the manner of distribution of its output were the same as pre- vailed at the Davidson mine. The Corporation agrees that in operating the Davidson and Trotter mines it was engaged in interstate commerce. (3) That United Mine Workers of America, Local #6320, affiliated with the C. I. O. is a labor organization admitting to its membership production and maintenance employees at the Corporation 's Davidson mine, excluding clerical and supervisory employees. (4) That United Mine Workers of America, Local #6547, affiliated with the C. I. O. is a labor organization admitting to its membership production and maintenance employees of the Corporation at its Trotter mine, excluding clerical and super- visory employees. (5) That The Workmen's Brotherhood is a labor organization admitting to its membership production and maintenance em- REPUBLIC STEEL CORPORATION 211 ployees of the Corporation at both its Trotter and Davidson mines, excluding clerical and supervisory employees. (6) That, without further and other procedure before the Board to which the parties may be entitled under the National Labor Relations Act, or the rules and regulations of the Board, the Board may, upon the basis of the entire record in the case and this stipulation, make findings of fact relating to interstate commerce and the labor organizations, and enter the- following Order : ORDER Upon the basis of a stipulation and the entire record in these proceedings, the National Labor Relations Board hereby orders that at its Davidson and Trotter mines the respondent, Republic Steel Corporation, its officers, agent, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner dominating, or interfering with the ad- ministration of The Workmen's Brotherhood, or the forma- tion or administration of any other labor organization of its employees, or contributing support to The Workmen's Broth- erhood, or to any other labor organization of its employees; (b) Recognizing The Workmen's Brotherhood at the Da- vidson or Trotter mines, as the representative of any of the employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment; (c) Giving effect to any agreement it has or may have entered into with the representatives of The Workmen's Brotherhood as such or as "Representatives of the. Majority of the Employees" at the Davidson or Trotter mines, in re- spect to rates of pay, wages, hours of employment, or con- ditions of employment ; (d) In any manner, making further deductions from the pay or wages of its employees, or any of them, at the Davidson and Trotter mines, for dues payable, or to become payable to The Workmen's Brotherhood. ' (e) Discouraging membership in United Mine Workers of America, Locals #6320 and #6547, and any other labor organi- zation of its employees, or encouraging membership in The Workmen's Brotherhood, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees' or in any other manner discriminating in regard to their hire or tenure of employment or term or condition of their employment; 413602-42-vol. 29-15 212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (f) 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 or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Withdraw and withhold, all recognition from The Work- men's Brotherhood as the representative of any of its em- ployees at the Davidson and Trotter mines for the purposes of dealing with the respondent concerning grievances, labor disputes, rates "of pay, wages, hours of employment, and other conditions of employment, and, completely disestablish said The Workmen's Brotherhood as such representative; (b) Make whole the individuals listed in Appendix A (ex- cept Joseph Oberweiser) for any loss of pay they may have suffered by paying over to the Regional Director of the Board for the Sixth Region the sum of Thirty Thousand Dollars ($30,000) to be distributed by him pro rata among the indi- viduals, listed -in Appendix A (except Joseph Oberweiser) ; the decision of the said Regional Director in all matters relating to the distribution of the said sum shall be final; (c) Notify the Regional Director for the Sixth Region in writing, within ten (10) clays from the date of this Order, what steps respondent has taken to comply herewith. AND IT IS FURTHER ORDERED that the complaint as to Michael LaPorte, Stephen Kutch-, William Basinger, Charles -E. Grimm, Walter S. Sleighter, Arden Brinkley, George Keffer, Jesse Murphy, Paul Hanlon, George Hanford, Dempsey King and Thomas O'Neill be dismissed. APPENDIX A George Goodwin Grant Goodwin William-S. Jones Harry Jordan George W. Kern Roy Kough John E. Liiiko Walter M. Miller Everett Millslagle John Millslagle Harold Schomer William O. Pringle Earl Summers Frank Bloom Charley Bobbs k Bruce Burnsworth Fred Hildebrand,, Walter L. Lilley Edward Luxner William'-Miller REPUBLIC STEEL CORPORATION • - 2113 Rheinhold Raupach Charles Tamblyn Walter Raupach , - William K. Seaman Joseph Oberweiser W. C. Handlin Andrew Schomer James A. Chambers John B. Shedlock William Kantorik Herman Veshnefsky John Soltis Frank Brothers Lauren McLean George W. Miller William G. Dolan Frank Springer Ambrose Schomer Robert-B. Nelson Mike Pitto Pemberton Ray Rohm Thomas B. Ansell John Tamblyn, Sr. Emil Revock John Tamblyn, Jr. Ivy Meggett (7) That the parties hereto consent to the entry by the United States Circuit Court of Appeals for the Third Circuit, upon application by the Board, of a decree in the form attached hereto and made a part hereof, without further notice of, said application. - (8) That the execution-of this stipulation and entry of said decree shall-conclude all proceedings before the Board in the above entitled cases. (9) That in agreeing to the above Order, it is understood that the individuals listed in Appendix A have either been reinstated or offered reinstatement by the- Corporation. (10 That the Corporation reasserts its denial that it has com- nutted any unfair labor practices as alleged in the complaint herein, and that no finding has been made by the Board, or is herein made, that the Corporation has committed the unfair labor practices alleged in the 'complaint, or any of them. (11) That the words "cease and desist" as they appear in the Order set forth in this stipulation and in the decree attached hereto shall-not be construed as an admission by the Corporation that it committed the unfair labor practices, or any of them, alleged in the complaint. (12) That this stipulation shall not be used' as evidence in any proceeding other than this proceeding and the proceeding in the United States Circuit Court of Appeals for the Third Circuit for the enforcement of the above set forth Order, for the purpose of establishing any fact referred to, recited or alleged in this stipulation or in the complaint; that the parties hereto reserve the right to contest in any other proceeding any fact referred to, recited or alleged in this stipulation or in the complaint. 214 DECISIONS - OF NATIONAL LABOR RELATIONS BOARD (13) That all charges, complaints and claims of every nature any description arising under the National Labor Relations Act, including claims for back pay, pending before the Board up to and including the date of this stipulation, whether-covered by the complaint herein or otherwise, of said United Mine Workers of America, Locals #6320 and #6547, and of all the present, past and future members of either of said Unions against the Corporation because of, or in connection with, any acts done or alleged to have' been done at its Davidson or Trotter mines in violation of the National Labor Relations Act; or any provisions thereof, are hereby fully settled and composed by the terms of this stipulation. (14) That the Union will file no further charges with ' the Board against the Corporation because of, or in connection with, any acts done or alleged to have been done at its Davidson or Trotter mines in violation of the National Labor Relations Act, or any provisions thereof, prior to the date of this stipulation. (15) That the entire agreement is contained within the terms of this stipulation and that there is no verbal agreement of any kind which varies, alters or adds to this stipulation. (16) That this stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. On January 2, 1941, the Board issued its order approving the above stipulation and making it part of the record in the proceedings. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Republic Steel Corporation, is a New Jersey corporation having its principal executive offices in Cleveland, Ohio. It is engaged, inter alia, in the_ manufacture, production, sale, and distribution of iron and steel products. As a part of the operations of the respondent, it operates or has operated a number of coal-pro- ducing properties in the State of Pennsylvania, including the David- son mine and the Trotter mine located in Fayette County, Penn- sylvania, which were leased by the respondent from the H. C. Frick Coke Company in 1935. The respondent continued to operate the Trotter mine until March 25, 1938, and the Davidson mine until June 1940. - Approximately 20 per cent of the repair parts and supplies pur- rased for use in the Davidson and Trotter mines during the period > ^f ;,,,REPUBLIC, STEEL CORPORATION ,, i y ^„` 215 of their operation were procured from sources outside the State of Pennsylvania. . At the Davidson mine 269,644 tons of coal were produced during 1937 and 447,595 tons during 1938. At the Trotter mine, in 1937 the respondent produced 251,506 tons of coal ; in 1938, 79 ,623 tons. Most of the coal produced at the Davidson and Trotter mines were shipped to the respondent 's steel mills in the State of Ohio and used by the respondent in the course of its manufacturing operations. The respondent agrees that in operating the-Davidson and Trotter mines it was engaged in interstate commerce. We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. II. THE LABOR -ORGANIZATIONS INVOLVED United Mine Workers of America; Local #6320, affiliated with the Congress of Industrial Organizations , is a labor organization admitting to its membership production and maintenance ' employees of the respondent at its Davidson mine, excluding clerical and super- visory employees. United Mine Workers of America, Local' #6547, affiliated with the Congress of Industrial Organizations, is a labor organization ad- mitting to its membership production and maintenance employees of the respondent at its Trotter mine, excluding clerical and supervisory employees. The Workman's Brotherhood is a labor organization admitting to its membership production and maintenance employees of the re- spondent at both its Trotter and Davidson mines, excluding clerical and supervisory employees. 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 National Labor Relations Act, the National Labor Relations Board hereby orders that at its Davidson and Trotter mines the respondent, Republic Steel Corporation , its officers , agents, successors, and as- signs, shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the administra- tion of The Workman 's Brotherhood , or the formation or administra- tion of any other labor organization of its employees , or contributing support to The Workman's Brotherhood, or to any other labor organi- zation of its employees; 216 DECISIONS' `_OF- NATIONAL LABOR 'RELATIONS BOARD (b) recognizing The Workman's Brotherhood at the Davidson or Trotter mines,- as the representative of any of the employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment , or condi- tions of employment; (c) Giving effect to 'any agreement it has or may have entered into with the representatives of The Workman's Brotherhood as such or as "Representatives of the Majority of the Employees" at the David- son or Trotter mines , in respect to rates of pay, wages, hours of em- ployment, or conditions of employment; (d) In any manner making further deductions from the pay or wages of its employees, or any of them , at the Davidson and Trotter , mines, for dues payable, or to become payable to The Workman's Brotherhood ; _ (e) Discouraging membership in United Mine Workers of Amer- ica;Locals #6320 and # 6547, and any other labor organization of its employees, or encouraging membership in The Workman 's Broth- erhood, or any other labor organization of its employees , by dis- charging or refusing to reinstate any of'its employees or in any other manner discriminating in regard to their hire or tenure of employ- ment or term- or condition of their employment; and (f) In any other manner interfering with, restraining, or coercing its employees in the exercise of the rights of self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing , or to engage in con- certed activities for the purpose of collective bargaining or other mutual aid or protection , as guaranteed in Section 7 of the Act. 2. Take the following affirmative action to effectuate the policies of the Act : - (a) Withdraw and withhold all recognition from The Workman's Brotherhood as the representative of any of its employees at the Davidson and Trotter mines for the purposes of dealing with, the respondent concerning grievances, labor disputes , rates of pay , wages, hours of -employment , and other conditions of employment , and com- pletely disestablish said The Workman's Brotherhood as such representative; (b) Make whole the individuals listed in Appendix A (except Joseph Oberweiser ) for any loss of pay they may have suffered, by paying over to the Regional Director of the Board for the Sixth Region the sum of Thirty Thousand Dollars ($30,000) to be distrib- uted by him pro rata among the individuals listed in Appendix A (except Joseph Oberweiser) ; the decision of the said Regional Di- rector in all matters relating to the distribution of the said sum shall be final; and REPUBLIC STEEL CORPORATION 217-- (c) Notify the Regional Director for the Sixth Region in writing, within ten (10) days from the date of this Order, what steps respond- ent has taken to comply herewith. ct AN D IT IS FURTHER ORDERED that the complaint as to Michael La- Porte, Stephen Kutch, William Basinger, Charles E. Grimm, Walter S. Sleighter, Arden Brinkley, George Keffer, Jesse Murphy, Paul Hanlon, George Hanford, Dempsey King, and Thomas O'Neill be dismissed. APPENDIX A George Goodwin Grant Goodwin William S. Jones Harry Jordan George W. Kern Roy Kough John E. Linko Walter M. Miller Everett Millslagle John Millslagle Harold Schomer William O. Pringle Earl Summers Frank Bloom Charley Bobbs Bruce Burnsworth Fred Hildebrand Walter L. Lilley Edward Luxner William Miller Rheinhold Raupach Walter Raupach Joseph Oberweiser Andrew Schomer John B. Shedlock Herman Veshnefsky Frank Brothers George W. Miller Frank Springer Robert B.-Nelson Pemberton Ray Rohm John Tamblyn, Sr. John Tamblyn, Jr. Charles Tamblyn William K. Seaman W. C. Handlin James A. Chambers William Kantorik John Soltis Lauren McLean William G. Dolan Ambrose Schomer Mike Pitto Thomas B. Ansell Emil Revock Ivy Meggett