The Youngstown Sheet and Tube Co.

In the Matter of THE YOUNGSTOWN SHEET AND TUBE COMPANY AND YOUNGSTOWN METAL PRODUCTS COMPANY and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL UNIONS Nos. 1008, 1011, 1418, 1462, 1287, 2162, AND 2163, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ,ORGANIZATIONS Case No. C-1846.-Decided April' 25, 1941 Jurisdiction : metal products. manufacturing: industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders :, entered on stipulation. Mr. Oscar S. Smith, Mr. Norman F. Edmonds, and Mr. Robert E. Greene, for the Board. Mr. Ernest S. Ballard, Mr. Preston C. King, Jr., Mr. Ralph E. Bowers, and Mr. Owen Fairweather, of Chicago, Ill., and Mr. J. C. Argetsinger, of Youngstown, Ohio, for the respondents. Mr. Lee Pressman, of Washington, D. C., and Mr. John L. Mayo, and Mr. Joseph Germano, of Youngstown, Ohio, for the S. W. O. C. Mary M;Persinger, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Steel Workers Organizing Committee,' herein called the S. W. O. C., having filed with the National Labor Relations Board, herein called the Board, at Washington, D. C.,,pu-rsuant to permis- sion granted by the Board, charges and amended charges alleging that Youngstown Sheet and Tube Company, Youngstown, Ohio, herein called the Sheet and Tube Company, had engaged and was engaging in unfair labor practices within the meaning of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act, the 1 The amended charge, and -the supplement to the amended charge, were filed by the S W. O. C. on behalf of Lodges 1008, 1011, 1418, and 1462 of Amalgamated Association of Iron, Steel & Tin Workers of North America. On or about July 25, 1940, these Unions surrendered their charters and were rechartered as Local Unions 1008, 1011, 1418, and 1462, Steel Workers Organizing Committee Also newly chartered were Locals 1287, 2162, and 2163. Consequently, the second and third supplements to the amended charge recited that they were filed by the S. W. O. C. on behalf of Local Unions Nos 1008, 1011, 1418, 1462, 1287, 2162, and 2163 31 N. L. R. B., No. 54. 338 THE YOUNGSTOWN SHEET & TUBE COMPANY '339 Board, on September 30, 1938, acting pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered the proceedings transferred to and continued in the Eighth Region (Cleveland, Ohio). On December 4, 1939, the S. W. O. C. filed with the Regional Director for the Eighth Region a supplement, on February 10, 1941, a second supplement,2 and on March 25, 1941, a third supplement to the amended charge. . Upon the charges, amended charges, and supplements thereto, the Board, by the Regional Director issued its complaint dated Febru- ary 17, 1941. On March 7, 1941, the Regional Director postponed the hearing from March 13 to March 24, 1941, and on March 20, postponed it further to March 30, 1941. On March 10, 1941, the respondents filed a Motion for Bill of Particulars, Motion to Strike, A Motion to Dismiss, and a Motion for Extension of Time to An- swer. On March 26, 1941, the Board, by the Regional Director, issued an amendment to the complaint. The complaint, as amended, alleged that the-'respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the Act. Copies of the complaint, the amendment to the complaint, and notices of hearing and postponements of hearing were duly served upon the respondents and the S. W. O. C.3 With respect to the unfair labor practices, the complaint, as amended, alleged in substance (1) that the Sheet and Tube Company had established labor organizations at its Campbell, Brier Hill, In- diana Harbor, South Chicago, and Evanston plants, and the Metal Products Company had established a labor organization at its, Brier Hill plant, such organizations being known, respectively, as the Inde- pendent Society of Workers, Brier Hill Employees Association, Asso- ciation of Steel Employees, Indiana Harbor Plant (later changed to Steel Men's Union of America, Local #410) and Association of Steel Employees, South Chicago Plant, and that respondents had dominated and interfered with the formation and administration of such organizations by contributing financial and other assistance and support, to. them and by suggesting to,' advising, urging, offering inducements to, threatening, warning, and coercing their employees 2 In its second supplement to the amended charge , the S W. 0 C joined as respondent with the Sheet and Tube Company , the Youngstown Metal Products Company, herein called the lletal Products Company and herein together with the Sheet and Tube Company referred to as the respondents 3 Also served`-were the following organizations Independent Society 'of Workers; Brier Hill Employees Association , Steel Men' s Union of America , Local 410 ; and Association of Steel Employees , South Chicago Plant By letters to the Regional Director dated March 27 and 28 , 1941, these organizations acknowledged service of the complaint , notice of hearing, and amendment to complaint , notified the Regional Director that the particular organization had ceased to exist, and waived any and all rights to intervene in the proceedings 441843-42-vol 31 23 340 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD to join and assist the said organizations; (2) that the Sheet and Tube Company had discriminated in regard to hire, tenure; terms and conditions of employment of its employees by discharging and refusing to reinstate Walter Halatek, Mike Horvath, and Michael Potapea, and by demoting 'and then laying off or discharging An- thony Meley and Raffaele Buzzaco, thereby' discouraging membership in the S. W. O. C.; (3) that -the respondents had interrogated their, employees concerning their membership in the S. W. O. C., had advised, urged, offered inducements to, threatened, and warned their employees to refrain from joining, assisting, or retaining membership in the S. W. O. C., had by dissemination of propaganda ridiculed, disparaged, and condemned the S. W. O. C. and its leaders, had spied upon its employees, and had during the course of a strike, endeavored to foment a back-to-work movement among members, of ,, the S. W. O. C.; (4) that the respondents had, by reason of the above-men- tioned acts and later acts, provoked and prolonged a strike among its employees at all the plants; (5) that the respondents had dis-. charged and/or refused to reinstate to their former or to substan- tially equivalent positions some 156 named employees at the Campbell and Brier Hill plants who had duly applied for reinstatement fol- lowing said strike, for the reason that such employees had joined and assisted the S. W. O. C.; (6) that the respondents had laid off or discharged some 96 named employees at the Campbell, Brier Hill, and Indiana Harbor plants, and had at all times since failed and refused to reinstate them to their former or substantially equivalent positions, for the reason that such employees had joined and assisted the S. W. O. C.; (7) that the Sheet and Tube Company had, at a later date, demoted or laid off at its Campbell plant some 27 named additional employees for the reason that they had joined and assisted, the S. W. O. C.; (8) and that the respondents had, by the foregoing and other acts, interfered with, restrained, and coerced their em- ployees in the exercise of the rights guaranteed in Section 7 of the Act. On March 29, 1941, the respondents, the S. W. O. C., the Regional Director, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and among The Youngs- town Sheet and Tube Company and Youngstown Metal Products,. Company, (hereinafter referred to as Respondents), and Steel Workers Organizing Committee, Local Unions No. 1008, 1011, 1418, 1462, 1287, 2162, and 2163, affiliated with'the Congress of Industrial Organizations, (hereinafter referred to as the Union) ; THE YOUNGSTOWN SHEET &' TUBE COn4PA.NY - 341 and Oscar S. Smith, Regional Director, Eighth Region, National Labor Relations Board; and -Norman F. Edmonds and Robert E. Greene, Attorneys for the National Labor Relations Board, Eighth Region, that : 1. Upon an Amended Charge, dated August 8, 1938, a Supple- ment to the Amended Charge dated December 4, 1939, and a Second Supplement to Amended Charge, dated February 10, 1941, the National Labor Relations Board (hereinafter referred to as the Board), by Oscar S. Smith, Regional Director for the Eighth Region, Cleveland, Ohio, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449 (hereinafter referred to as the Act), and pursuant to its Rules and Regulations, Series 2, as amended, issued its Complaint and Notice of Hearing on February 17, 1941; against Respondents. Said hearing was postponed from March 13, 1941, to March 24, 1941, and again to March 31, 1941. On March 10, '1941, Respondents filed with the Board their Motion for Bill of Particulars, two Motions to Strike, Motion to Dismiss or Strike, and Motion for Extension of Time to Answer. On March 25, 1941, the Union filed its Third Supplement to Amended Charge and the Board, by its Regional Director, with the consent of Re- spondents, issued its Amendment to Complaint on March 26, 1941. II. All parties hereto acknowledge service of the Complaint and Notice of -Hearing, Amendment ,to Complaint, Amended Charge, Supplement to Amended Charge of August 4, 1938, Sec- ond Supplement to Amended Charge of August 4, 1938, Third Supplement to Amended Charge of August 4, 1938, Respondents' Motion for Bill of' Particulars, Respondents' two Motions to Strike, Respondents' Motion to Dismiss or Strike, Respondents' Motion for Extension of Time to Answer, copy of Board's Rules and Regulations, Series 2' as amended, and Notices of postpone- ment of hearing, and expressly waive further pleadings herein and the making of findings of fact and conclusions of law by the Board. III. Respondents are corporations existing under-'and by vir- tue of the laws of the State of Ohio. Respondent, The Youngs- town Sheet and Tube Company operates plants located at: (1) Campbell and Struthers, Ohio (hereinafter called the Campbell Plant) ; (2) Youngstown, Ohio (hereinafter, called the Brier Hill Plant) ; (3) East Chicago, Indiana (hereinafter called the Indiana Harbor Plant) ; and (4) South Chicago, Illinois (here- inafter called the South Chicago Plant). Youngstown Metal Products Company operates a plant located', at Girard, Ohio, adjacent, to the Brier Hill Plant referred to, above. 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. Respondents are corporations engaged in the business of manufacturing, processing, selling and distributing iron, steel and other metal products at their several plants. V. Respondent, The Youngstown Sheet and Tube Company, did during the calendar year of 1940, purchase iron, steel and other products for use, in the operation of its several plants referred to above, valued in excess of Forty Eight Million Dollars ($48;000,000.00). In excess of 50% of "these various products was purchased outside of the States in which these various plants are located and` shipped to these various plants. VI. Respondent, The Youngstown Sheet and` Tube Company, did during the calendar year of 1940, manufacture or process at its several plants various iron, steel and other products, the value of which was in excess of One Hundred Twenty-Two Million Dollars ($122,000,000.00). In excess of 50% of the various prod- ucts manufactured by Respondent, The Youngstown Sheet and- Tube Company, at its several plants during this period was shipped to points outside of the States in which its plants are located. VII. Respondent, Youngstown Metal Products Company, is and has been since March 4, 1935, a wholly owned subsidiary of The Youngstown, Sheet and Tube Company, and is located at Girard, Ohio, adjacent to the Brier Hill Plant of The Youngs- town Sheet and Tube Company; and did, during the calendar year of 1940, purchase iron, steel and other products for use in the operation of its plant in Girard, Ohio, none of which prod- ucts were purchased outside of the State of Ohio. VIII. Respondent, Youngstown Metal Products Company, did, during the calendar year of 1940, manufacture or process various iron, steel and other products, the value of which was in excess of One Million Dollars ($1,000,000.00). Approximately - 85% of these various products was sold and shipped by Respondent, Youngstown Metal Products Company to points outside the State of Ohio. IX. Respondents agree, for the purpose of this proceeding only, that they are engaged in interstate commerce within the meaning of Section 2 (6) of the Act, and that their activities affect com- merce within the meaning of Section 2 (7) of the Act. X. The plans known as 'Representation of Employees, lo- cated at the Campbell, Brier Hill, Indiana Harbor and South Chicago Plants; The Independent Society of Workers at the Plants of Youngstown Sheet And Tube Company, located at the Campbell Plant; the Brier Hill Employees' Association ; the Association of Steel Employees at the Indiana Harbor Plant; the Association of Steel Employees at the South Chicago-Plant; THE YO,UNGSTOWN SHEET & TUBE COMPANY 343 and the Steel Men's Union of America, Local #410, located at the Indiana Harbor Plant, were labor organizations within the meaning of Section 2 (5) of the Act. All the above labor organizations voluntarily dissolved prior to the date of this Stipulation. XI. Steel Workers Organizing -Committee, and its Local Unions Nos. 1008, 1011, 1418, 1462, 1287, 2162 and 2163, are, and the predecessors of said Local Unions, Amalgamated Asso- ciation of Iron, Steel and Tin Workers of North America, Lodges Nos. 1008, 1011, 1418 and 1462, were, labor organizations within the meaning of Section 2 (5) of the Act. XII. This Stipulation, together with the documents listed below, may be filed with the Chief Trial Examiner of the Board at Washington, D. C. and when so filed shall constitute the en- tire record in this case : 1. Amended Charge of August 4, 1938. 2: Supplement to Amended Charge of August 4,1938. 3. Second Supplement to Amended Charge of August 4, 1938. 4. Third Supplement to Amended Charge of August 4, 1938. 5. Complaint and Notice of Hearing. 6. Amendment to Complaint. 7. Notices of Postponement of Hearing. 8. Respondents' Motion for Bill of Particulars, two Motions to Strike, Motion to Dismiss or Strike, and Motion for Extension of Time to Answer. 9. Copy of the Board's Rules and Regulations, Series 2, as amended. 10. Letter to Oscar S. Smith, Regional Director, Eighth Re- gion, National Labor Relations Board, from The Inde- pexdent Society of Workers at the Plants of Youngstown Sheet-And Tube Company, dated March 28, 1941. 11. Letter to Oscar S. Smith, Regional Director, Eighth Re- gion,, National Labor Relations Board, from the Brier Hill Employees' Association, dated March 28, 1941. 12. Letter to Oscar S. Smith, Regional Director, Eighth Re- gion, National Labor Relations Board, from the Steel Men's Union of America, Local #410, formerly known as the Association of Steel Employees, located at the Indi- ana Harbor Plant, dated March 27, 1941. 13. Letter to Oscar S. Smith, Regional Director, Eighth Re- gion, National Labor Relations Board, from the Asso- ciation of Steel Employees, located at the South Chicago Plant, dated March 27, 1941. 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD XIII. The Board shall make no findings of fact other than those agreed upon in Sections I through XII, inclusive, hereof. XIV. Upon the basis of such findings of fact as it may make, this Stipulation and the entire record in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, the Board' may order that Respondents, their officers, agents, successors and assigns : 1. Shall not : (a) Interfere with, restrain, or coerce their employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representa- tives 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. (b) Discourage membership in Steel Workers Organizing Committee, Local Unions Nos. 1008, 1011, 1418, 1462, 1287, 2192, 2163, or any other labor organizations of their employees, by dis- crimination in regard to hire or tenure of employment or any term or condition of employment. (c) Dominate or interfere with the formation or administra- tion of, or contribute financial or other support to, the plans known as Representation of Employees, located at the Campbell, Brier Hill, Indiana Harbor, and South Chicago Plants; The Independent Society of Workers at the Plants of Youngstown Sheet And Tube Company, located at the Campbell Plant; the Brier Hill Employees' Association; the Association of Steel Em- ployees at the Indiana Harbor Plant; the Association of Steel Employees at the South Chicago Plant; the Steel Men's Union of America, Local #410, located at the Indiana Harbor Plant, or any other labor organization of their employees. 2. Shall take the following affirmative action to effectuate the policies of the Act : (a) Offer to those persons- listed in Appendix "A" hereof (except'as,otherwise indicated therein) immediate and full rein- statement to the same positions which they held immediately prior to May 26, 1937, or to substantially equivalent positions, without prejudice to their seniority or other rights or privileges, subject to the Reinstatement Procedure set forth in Appendix "B" hereof. (b) Make whole those persons named in Appendix "A" hereof for any and all losses of pay resulting from their discharges, lay. offs or demotions by Respondents, or because of Respondents' refusal to reinstate them after the strike which started on May 26, 1937, by payment to them of the aggregate sum of One Hun- THE YOUNGSTOWN SHEET & TUBE COMPANY 345 dred Fifty Thousand Dollars ($150,000) ; such sum shall be placed in escrow, within ten days of receipt by Respondents of a copy of this Order, with the Regional Director, Eighth Region, Na- tional Labor Relations Board, and shall be distributed by said Regional Director to said persons, or some of them, in amounts to be determined by said Regional Director for the Eighth Region. (c) Make whole Mike Dempsey, Frank Greggs, Peter Karpo- wicz (Pete Karpowicz), Edward Martinko, William Patterson (William J. Patterson), Burton Peters, William Poteet (Wil- liam E. Poteet), William Steele, and John Wunderlich, for any losses of pay resulting from their discharges, lay offs or demo- tions by Respondents, or because of Respondents' refusal to re- instate them after the strike which started on May 26, 1937, by payment to them of the aggregate sum of Twenty Thousand Dollars ($20,000) ; such sum shall be deposited in escrow, within ten days of receipt by Respondents of a copy of this• Order, with the Regional Director, Eighth Region, National Labor Relations Board, and distributed by said Regional Director to said per- sons, in amounts to be determined by said Regional Director for the Eighth Region. (d) Treat Mike Dempsey, Peter Karpowicz (Pete Karpowicz), Edward Martinko, William Patterson (William J. Patterson), Burton Peters, William Poteet (William E. Poteet), and John Wunderlich, all of whom were demoted on or about January 22, 1938, in the same manner as other employees demoted in the same department are treated under the rules and regulations of Respondent, The Youngstown Sheet and Tube Company, ac- cording them their full rights and privileges as employees demoted pursuant to plant practice. (e) Hereafter permanently refrain from recognizing the plans known as Representation of Employees, located at the Campbell, Brier Hill, Indiana Harbor and South Chicago Plants; The Independent Society of Workers at the Plants • of Youngs- town Sheet And Tube Company, located at the Campbell Plant; the Brier Hill Employees' Association; the Association of Steel Employees at the Indiana Harbor Plant; the Association of Steel Employees at the South Chicago Plant; and the Steel Men's Union'of America, Local #410, located at the Indian Harbor Plant, or their successors, as representatives of Respondents' employees, or any of them, for the purpose of dealing with Re- spondents concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of work, or other- wise dealing, with any 'of the aforesaid organizations" or their successors. 1 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (f) Immediately post in conspicuous places in their plants, and maintain for a period of sixty (60) consecutive days from the date of posting, notices in the form set forth in Appendix "C" hereof. (g) Notify the-Regional Director for the Eighth Region in writing, within ten (10) days from the date of receipt of this Order, what steps the Respondents have taken to comply herewith. XV. The parties hereto agree, and the Board, by its approval of this Stipulation, confirms such agreement, that none of the organizations named in Section XIV 2 (e) hereof or their sue-: cessors shall be entitled to claim, by Petition under the Act or otherwise, the right to represent any of the employees of Re- spondents for purposes of collective bargaining in respect to rates of pay, wages, hours of employment, grievances, or other conditions of employment. XVI. It-is further stipulated and agreed that any appropriate Circuit Court of Appeals in the United States may upon appli- cation by the Board enter its decree enforcing the Order of the Board in the form above set out. The Respondents shall be given notice of the filing of an application for, but hereby ,waive their right to contest, the entry of such decree. - XVII. The Respondents and the Union enter into this Stipu- lation solely for the purpose of disposing of -this controversy and in doing so the Respondents deny that they have at any time engaged in the unfair labor practices alleged in the Com- plaint, or any of them, and the Union asserts that the Respond- ents did engage in said unfair labor practices. XVIII. It is understood and agreed between the Respondents and the Union that all questions as to unfair labor practices now or hereafter alleged to have been engaged in by the Respondents, or either of them, at any time prior to the date of this Stipula- tion, including claims for back pay, are hereby fully settled and composed, and the Union hereby covenants and agrees never to make or file, or to -authorize any person or organization .to make or file, and to instruct its officers, agents and, members not to make or file, with the Board any charges concerning any such unfair labor practices. If any officer, agent or member makes or files such charges, the Union will take all appropriate steps in a bona fide endeavor to bring about their withdrawal. Noth- ing in this Stipulation shall be construed to limit in any manner or to constitute consent to any limitation of the right of A he Union to present to the Company as a grievance any dispute or matter not settled and composed by this Stipulation, regard- less of the time or circumstances of the origin thereof. THE YOUNGSTOWN SHEET & TUBE COMPANY 347 XIX. This Stipulation contains the entire agreement between the parties, there being no agreement of any kind, verbal or otherwise, which varies, alters or adds to this Stipulation. XX. This Stipulation is subject to the approval of the Board. Attached to said stipulation were Appendices A, B, and C, referred to therein and herein below set forth as part of our order herein. On April 2, 1941, the Board issued its order approving the above stipulation, snaking it part of the record herein and transferring the proceeding to the Board for the purpose of entry of decision and order by the Board 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 I. THE BUSINESS OF THE RESPONDENTS The respondents are Ohio corporations engaged in the business of manufacturing, processing, selling, and distributing iron, steel, and other metal products. Youngstown Sheet and Tube Company oper- ates plants located at Campbell and Struthers, Ohio, (the Campbell plant) Youngstown, Ohio, (the Brier Hill plant) East Chicago, Indi- ana, (the Indiana Harbor plant) and South Chicago, Illinois, (the South Chicago plant). During 1940 the Sheet and Tube Company ,purchased iron, steel, and other products, for use in the operation of its plants, which had a value in excess of $48,000,000. More than 50 per cent of these products were purchased outside the States in which the various plants are located and shipped to the plants. During the same year the Sheet and Tube Company manufactured at its plants various iron, steel, and other products valued at more than $122,000,- 000. More than 50 per cent of such products were shipped by it to points outside the States in which its plants are located. Youngstown Metal Products Company is, and has been since March 4, 1935, a wholly owned subsidiary of the Sheet and Tube Company. It operates a plant located at Girard, Ohio, adjacent to the Brier Hill plant of the Sheet and Tube Company. During 1940 the Metal Prod- ucts Company manufactured or processed various iron, steel, and other, products at its plant, the value of which was in excess of $1,000,000, and 85 per cent of which were sold and shipped by it to points outside the State of Ohio. I The Respondents concede, for the purpose of this proceeding, that they are engaged in commerce and that their activities affect com- merce within the meaning of Section 2 (6) and (7) of the 'Act. We find that the above-described operations of the respondents and of each of them constitute a continuous flow of trade, traffic, and com- merce among the several States. 348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - 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 the respondents, Youngstown Sheet and Tube Company and Youngstown Metal Products Company, their officers, agents, successors, and assigns : 1. Shall not: (a) Interfere with, restrain, or coerce their employees in the exer- cise of their rights, 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. (b) Discourage membership in Steel Workers Organizing Com- mittee, Local Unions Nos. 1008, 1011, 1418, 1462, 1287, 2162, 2163, or any other labor organizations of their employees, by discrimination in regard to hire or tenure of employment or any term or condition of employment. (c) Dominate or interfere with the formation or administration of, or contribute financial or other support to the plans known as Repre- sentation of Employees, located at the Campbell, Brier Hill, Indiana Harbor, . and South Chicago plants; The Independent Society of Workers at the Plants of Youngstown Sheet And Tube Company, located at the Campbell Plant; the Brier Hill Employees' Association; the Association of Steel Employees at the Indiana Harbor-Plant; :the Association of Steel Employees at the South Chicago Plant; the Steel Men's Union of America, Local #410, located at the Indiana Harbor Plant, or any other labor organization of their employees. 2. Shall take the following affirmative action to effectuate the policies of the Act : (a) Offer to those persons listed in Appendix "A" hereof (except as otherwise indicated therein) iminechate and full reinstatement to the same positions which they held immediately prior to May 26, 1937, or to substantially equivalent positions, without prejudice to their seniority or other rights or privileges, subject to the Reinstatement Procedure set forth in Appendix "B" hereof. (b) Make whole those persons named in Appendix "A" hereof for any and all losses of pay resulting from their discharges, lay offs or demotions by Respondents, or because of Respondents' refusal to rein= state them after the strike which started on May 26, 1937, by payment to them of the aggregate sum of One Hundred Fifty Thousand Dollars ($150,000) ; such sum shall be placed in escrow, within ten days of receipt by Respondents of a copy of this Order, with the Regional THE YOUNGSTOWN SHEET & TUBE COMPANY 349 Director, Eighth Region, National Labor Relations Board, and shall be distributed by said Regional Director to said persons , or some of them, in amounts to be determined by said Regional Director for the Eighth Region. (c) Make whole Mike Dempsey, Frank Greggs, Peter Karpowicz ( Pete Karpowicz ), Edward Martinko , William Patterson (William J. Patterson ), Burton Peters, William Poteet (William E. Poteet), Wil- liam Steele , and John Wunderlich, for any,losses of pay resulting from their discharges, lay offs or demotions by Respondents , or because of Respondents' refusal to reinstate them after the strike which started on May 26, 1937 , by payment to them of the aggregate sum. of Twenty Thousand Dollars ($20,000) ; such sum shall be deposited in escrow, within ten days of receipt by Respondents of a copy of this Order, with the Regional Director, Eighth Region, National Labor Relations Board, and distributed by said Regional Director to said persons, in 'amounts to be determined by said .Regional Director for the Eighth Region. - (d) Treat Mike Dempsey, Peter Karpowicz (Pete Karpowicz), Edward Martinko, William Patterson (William J. Patterson ), Burton Peters, William Poteet (William E. Poteet), and John Wunderlich, all of whom were demoted on or about January 22 , 1938, in the same manner as other employees demoted in the same department are treated under the rules and regulations of Respondent, The Youngs- town Sheet and Tube Company , according them their full rights and privileges as employee,s demoted pursuant to plant practice. (e) Hereafter permanently refrain from recognizing the plans known as Representation of Employees , located at the Campbell, Brier Hill, Indiana Harbor and South Chicago Plants ; The Inde- pendent Society of Workers at the Plants of Youngstown Sheet And Tube Company , located at the Campbell Plant; the Brier Hill Employees' Association ; the Association of Steel Employees at the Indiana Harbor Plant; the Association of Steel Employees at the South Chicago Plant; and the Steel Men's Union of America, Local #410, located at the Indiana Harbor Plant, or their successors, as representatives of Respondents ' employees , or any of them; for ^ the purpose of dealing with Respondents concerning grievances, labor disputes, wages, rates of pay, hours of employment , or other condi- tions of work, or otherwise dealing with any of the "aforesaid organi- zations or their successors. (f) Immediately post in conspicuous places in their plants, and maintain for a period of sixty (60) consecutive days from the date of posting, notices in the form set forth in Appendix "C" hereof. (g) Notify the Regional Director for the Eighth Region in writ- ing, within ten (10 ) days from the date of receipt of this Order, what steps the Respondents have taken to comply herewith. 350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD And It Is Further Ordered that the complaint, as amended, in so far as it alleges that the respondents discriminated in regard to the hire and tenure of employment of John Osinoski, Carl Anzevino, John Burns, Bruce Frazer, Harry -Hray, Lester Lewis, Kime Nanchoff, Andy Takach, Leonard,Vitarel and Mike Zinac, within the `meaning of Section 8 (3) of the Act, be, and it hereby is,' dismissed. APPENDIX "A" Adams, George Allinos, Nick (Ellinos, Nick) Ambrose, Leonard Antonucci, Antonio Aulisio, Joe (Aulisio, Joseph) Bakalar, Joe - Bakich, Dan (Bakich, Dusan) Bakich, Mike (Bakich, Mich- ael) Ballabon, George Ballas, Thomas (Ballas, Tom) Balogh, Stephen * (Balogh, Steve Johnson) Barbos, Nick Batyske, William (Batycke, William) Bauer, Erwin (Baur, Erwin) Beardman, John Belichick, J. (Belichick, Joe) Bellb, Mike G. Bianco, Frank (Bianco, Frank E.) Black, David (Black, David G.) -Blackwell, Melvin Blaine, John Blaine, William, J. Borghese, Pasquale Bowers,.Harry Bowers, Kenneth Brajer, Andrew Brodner, Thomas A. Brutz, Joe Buzzaco; Raffaele Camburis, G. (C a m b o u r i s, George) *Cameron, Rudolph Casanta, Archie Casanta, Dan Casanta, V. (Casanta, Vanzel) Cerin, Mike (Cerina, Mike) Chatam, Frank (C h'a t a n, Frank) Chavich, Joe (Chavich, Joseph) Chiriac, John Chronowski, P. (Chronowski, Peter) Chylek, John Clarkowski, Thomas (Krokos- ky, Thomas) Clemente, Allessandro Colabella, Nick (C o l o b e 11, Nick) Comsea, Ely (Comsea, Eli) Conklin, LaVerne Connor, William C. (Conner, William C.) Conti, Sam (Cunti, Sam) Copich, Joe (Copish, Joseph) Corrigan, John Cortez, Guiseppe (Cortese, Guiseppe) Crish, Tony Cricni, Tony (Crisnsi, Tony) (Crisnsi, Peter) *Not to be reinstated _THE YOUNGSTOWN SHEET & TUBE COMPANY 351 Daniels, B. (Daniels, Bruce J.) DaskOb, Vassel Dean, John (Dean, John C.) DeCinque, Patsy- DelPlato, Tony (Delplato, Tony) Di Tulio, James (DiTullio, Giro) Doroznski, Henry Dritsos, Alike ' Droney, Ray Dubash, Peter (Dubosh, Peter) Dzurnak, Mike Esposito, Joseph (Esposito, Joseph James) Evankovich, John ' (Evankovic, John) Evans, Sam (Evans, Samuel . W.) Evantush, Eli Evantush, Mike _ Ferklich, -George ( F r k i i c h, George) Ferrar, Anthony (Ferraro, An- thony) Ferraro, Angelo Ferraro, Fred Figuly, George Fognini,• Santo Pontes, Antonio ( Fontes, An- toni V.) Frazeskos, George (Frazescos, George) Frolund, Victor Furyan, Joe Furrie, Vincent Galardo, Tom Galich, Louis Gallagher, James (Gallagher, James P.) Gallagher, Thomas (Gallagher, Thomas J.) Gallaugher, John Garcia, Armando Garone, Mike Gentilcore, Antonio George, Nick Glowacki, Stanley Greco, Guarino Greco, Rocco _G'regovich, Mike. (Gregorich, Mike) Guidace, Frank Guidace, John Ginlinger, Ralph (Giulinger, Ralph I.) y`Haittas, James *Halatek, Walter Harris, John (Harris, John J.) Hawveliac,- S t eve (Hawveliac, Styf) Hefferman, Edward (Heffer- nan, Edward) - Horvath, Mike (H o r w a t h, Mike) Howard, William Hudak, John- Jackson, Barnay Janiro, Frank ' Jeffrey, Bowser Joe, Mike Julian, Patrick Kadija, Andy Kalmovkis, Tony (Kalmoukis, Tony) Kertis, Joe Ketterer, C h a r l e s (Ketterer, Charles M.) Ketterer, Paul (Ketterer, Paul J;.-) Khlem, Joseph Konesky,- Ernest Konos, Gust (Kokinos, Gust) Koulanos, John (K o u l i n o s, John) _ Kalena, George ,'Kovacic, Steve Kover, Joseph *Not to be reinstated. 352 THE YOUNGSTOWN SHEET & TUBE COMPANY Kozwara, Florjian Krut, Steve Kudla, Benjamin (Kudla, B.) Labos, Thomas (Labas, Thomas) Lagorsky, John La, Master, E. (LaMaster, Earl Bracy) Lauharn, James Lebio, Mike Lentz, Frank (Lentz, Francis - J.) Leon, Ross '(Leontaris, Treana- fillos) Lindsay, Joseph (Lindsay, Jo- seph R.) McLane, J. (McLane, John) Makan, John (Mecca, John) Makaronas, Mike Makrenos, Sam Malik, Josef Marinos, Mikus^ Marrie, Anthony (Marrie, An- thony F.) Mastopietro, Anthony' Matsagos, George Meley, Anthony Meley, Nicholas Meley, Patrick Melnik, Frank Melonis, John Montelone, Dominic ( Monte- leone, Dominick) Montro, Pietro (Montro, Pitro) Morrison , A. C. (Morrison, An- drew C.) M,oustakis, Makis ( Mastakis, Makis) Mrofchak, Mike Mulgrew , John J. Mulidore, Jim Naples, Joe Nestich, Paul Nicola, George Nizlik, Lawrence Noble, Joe (DiNobile, Joe) Nocera, L e o n a r d ( Nocera,. Frank) Norbert, I. (N o b e r t, 'Inez Marie) Novak, John O'Block, Joe O'Hara, Allen O'Malley, Leo C. (Malley, Leo C.) Olsson, George ( Olson, George) Oprish, John Ostrowsky, John *Pachello, Angelo Parent, James - Pattellis, Economos (Patellis, Economos) Mengione, Joe (Mingione, Joe) Pasko, Mike Meranto, Joseph Perantinidis, Theodor Meranto, Ralph Petrella, Phillip Meris, Aftemos (Meris, Eph- Pilatos, Mike themias) - Pino, Georgio Mihalinko, John . Pognacinik, John (Pogacnik, Milardevich, Mike John William) Mihin, Steve -(Mehin, Steve) Poluski;,Stiney Mihin,,Tony (Mehin, Tony) , Pompea, Dan (Pompeo, Dan) Miller, Michael (Miller, Mike) • P6po\ ich, A'n d y (Popovish, Mills, Bill Andy) Moisoff, Naume (E v a n o f f, Posada, Lorenzo (Pasada, Lo- Naume) _ renzo) "Not to be reinstated. THE YOUNGSTOWN SHEET & TUBE COMPANY 353 Potopea, Michael (Potopea, Mi- haila) Prassinos, Theodore Radilovic, Vincent Ramich, Mike Ramun, Joe Ramunn, Frank Raschella, Charles 'Rasinya, Frank (R a s i n y a, Franko) Raychevich, Rado Reardon, Edmund (Reardon, Edmund F.) Reccuardulli, Nicola R. (Ri- ciardulli, Nicola R.) (Ricciar- dulli, Nicola R.) Regula, Joe Rentovich, Wasil Restucci, Sam (R e s t u c c i o, Sam) Ribeiro, Juan Rouan, Leo *Rule, James Russell, Ira Ruzic, Vinko Santfant, Steve Saroukos, Kostas Saviano, F. (Saviano, Fred- erick Thomas) Scarpine, Dominic Scarpine, Nickolas (Scarpine, Nick) Scarpine, Sam (Scarpine, Sam P.) Scarpine, Tony Shiavone, James (Schiavone, James V.) Scott, Joe Semanik, Nick Shep"as, Anthony Slierbine, Harry (S h e r b i n e, Harry L.) Shevetz, Joe Shevetz, John (Shevetz, John E. ) Shimoncik, Kondrad Simione, Anthony (Siminone, Anthony) Siscasosky, Mike (Siscarowsky, Mike) Siwiec, John Smrgk, C. - Stachyra, Andy Stako, Tony Stankoff, William C. Sterns, John (Stearns, John J.) Steele, W. A. (Steele, Warren) Stepencevic, Joe (Stepancevic, Dja) Stroney, Joe Tally, Raymond (Tally, Ray- mond E.) Tarnowsky, Alexander (Tar- nowsky, Alex, Jr.) Thomas, Dan Thornton, Raymond (Thor- ton, Raymond) `Trampush, Mike Trobeck, Joe (Trobeck, Joe F.) Tsagaris, Charles (Tsagares, Charley) Tsagares, George (T s a g a r i s, George) Tsarnas, Jack Townsend, Harold Tulj, John " Uhrin, George Valesquez, Pedro (Velasques, Pedro) Virostek, Nick (Virostek, Nik) Vojnovich, Joe (V o j navieh, Joe) Wagner, Merle - Walter, George (Walter, George W.) Wilburn, Conrad *Not to be reinstated. 354 DECISIONS OF NATIONAL , LABOR RELATIONS BOARD Wilk, Andrew Willaims; David (Williams, David A.) Williamson , G. (Williamson, George Edwin) Willobob, John (W i l o b i b, John) Wolk, Tony **Wunderlich, John Yannucci, Vincent Yarosz, Andrew -Yash, John Al. (Yash, John), Yaiiuari, Pet (Yenvari, 'Pet) (Yanvari, Pet) Yinkovich, Ivan (Yankovic, Ivan) Young, Jesse Zaluski, Joe Ziner, John Zuccona, A l f r e d ( Zuceoni, Alfred) APPENDIX "B" REINSTATEMENT PROCEDURE (1) Application for reinstatement must be made to the employ- ment office within thirty (30) days from the date of approval of the settlement stipulation by the Board; provided, however, that for what it deems good cause in any case the company will grant an extension of an additional sixty (60) days for such application. This paragraph also includes men now in the service of The United States under the Selective Training and Service Act of 1940. (2) Physical examination will be required in all cases where, had the employee been continuously employed, he would have received such examination under normal plant practice between the time the strike began or the date of claimed discrimination as the case may be, and the time of reinstatement; provided, however, that health standards and their application will be no more stringent in the cases of employees to be reinstated than in the cases of others now working in similar employment ; and provided further that applicants who are rejected on account of illness or temporary physical diffi- culties, or who fail any special physical examinations, shall have the right to reapply at any time within three (3) months after such rejection or failure, and if they then pass the physical examination they will be reinstated in accordance herewith. (3) Reinstatement will be accorded to former job or a substantially equivalent job in the same department. If necessary for this purpose, employees hired since the strike began or since claimed discrimiha' tion, as the case may be ,' and employees less entitled to any such position under plant practice will be displaced . In, the event neither the former job' nor any substantially equivalent job, held by an employee less entitled, is working, the employee to be reinstated will **To be offered reinstatement as a third helper. -THE YOUNGSTOZVN SHEET & TUBE COMPANY 355 be offered another job in the same department as nearly equivalent to the former job as possible (other employees less entitled to such' job being dismissed or displaced if necessary for that purpose), and the employee will have a right to accept or reject any such other position and shall make his election immediately , but in either case he shall be entitled to be restored to his former job or a substantially equivalent job, when available , if'he declares his decision to do so at the time. If no job is available in the same department, the Company will offer to place the employee in -another department in a job as nearly equivalent to the former job as possible. ` (4) The Company will comply with its obligations under this Reinstatement Procedure within thirty (30) days after application. In the cases of men now in the service of The United States under the Selective Training and Service Act, who have made application under paragraph ( 1) hereof, the company will fulfill its obligations under this Reinstatement Procedure within forty (40) days after discharge from such service upon compliance by the applicant with the requirements of said Act. (5) Reinstated employees will be entitled to the same application of company rules and regulations as ,if their service had not been inter- rupted on account of the strike or other union activities. (6) Differences arising from medical findings under paragraph (2) hereof, or otherwise arising from the interpretation or applica- tion of the principles hereof, will be subject to'negotiation between the company and the union, and if 'necessary to disposition by normal judicial procedure. (7) Reinstatement, as used herein , is to be understood to include "restoration" from other positions , as well as reemployment. APPENDIX "C' NOTICE TO EMPLOYEES I 1. This company will not interfere with, restrain or coerce em- ployees in the exercise of their rights to self-organization , to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, or to engage in concerted ac- tivities, for the purpose 'of collective bargaining or otherlmittual, aid or protection. - I . 2. All employees are free to become or remain members of the Steel Workers Organizing Committee or any other labor organiza- tion and this company will not discriminate against employees in any manner because of their membership in the Steel Workers Organizing Committee or any other labor organization. 441843-42-vol 31-24 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. This company will not recognize or bargain with the plans known as Representation of Employees, located at the Campbell, Brier Hill, Indiana Harbor, and South Chicago Plants ; The, Inde- pendent Society of Workers at the Plants of Youngstown Sheet and Tube Company, located at the Campbell Plant ; the Brier Hill Em- ployees' Association; the Association of Steel Employees at the Indiana. -Harbor Plant; the Association .of. Steel Employees at the South Chicago Plant; or the Steel Men's Union of America, Local #410, located at the Indiana Harbor Plant, or their successors, as the representative or representatives of any of the employees for the purpose of dealing with the company concerning grievances, rates of pay, hours of employment, or otherwise deal with any of said organizations. - 4. All of 'the organizations named in Paragraph 3 have dissolved voluntarily and are out of existence. THE YOUNGSTOWN SHEET -AND TUBE COMPANY. By: ---------------------------• i