Republic Steel Corp.

In the Matter of REPUBLIC STEEL CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL UNIONS No. 1033 AND No. 1303, (FORMERLY AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, LODGES No. 1033 AND No. 1303, THROUGH STEEL WORKERS ORGANIZING COMMITTEE), AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-1883.-Decided August 12, 1941 Jurisdiction : steel products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Isaiah S. Dorfman, Mr. Jack G. Evans, Mr. Lester Asher, and Mr. Malcolm F. Halliday, for the Board. Mr. Thomas F. Patton, Mr. William B. Belden, and Jones, Day, C, ockley d Reavis, by Mr. Earl W. Le Fever and Mr. Frederic S. Cross, all of Cleveland, Ohio, for the respondent. Mr. Anthony Wayne Smith, Mr. Lee Pressman, and Mr. Joseph Kovner, of Washington, D. C., and Mr. John J. Brownlee, of Chicago, Ill., for the Union. Mr. Marshall A. Pipin, of Chicago, Ill., for the S. W. U. A. Mr. Norman DI. Neel, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the Amalgamated Association of Iron, Steel & Tin Workers. of North America, Lodges No. 1033 and No. 1303, through Steel Workers Organizing Committee (now Steel Workers Organizing Committee, Local Unions No. 1033 and No. 1303) affiliated with the Congress of Industrial Organiza- tions, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois) issued its complaint dated May 13, 1940, against Republic Steel Corporation, Cleveland, Ohio, herein called the respondent, alleging that the respondent had-engaged in and was 34 N. L R B., No. 25 145 146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by a notice of hearing, were duly served upon the respondent, the Union, and Steel Workers Union of America, herein called S. W. U. A. On May 22, 1940, the respondent filed its answer to the complaint denying each and all of the charges set forth therein, and on May 27, 1940, the S. W. U. A. filed its answer. On June 6, 1940, the Board issued an amended complaint. Concerning the unfair labor practices the amended complaint, as further amended at the hearing, alleged in substance that the respond- ent at its South Chicago plants (1) dominated and interfered with the formation and administration of three labor organizations : namely, the Plan of Employee Representation, herein called the Plan, to on or about April 22, 1937; the Employees Representative Asso- ciation, herein called the Association, from on or about April 22, 1937, to on or about May 24, 1937; and the S. W. U. A. from on or about May 24, 1937, and contributed financial and other support to the Plan, the Association, and the S. W. U. A.; (2) laid off Michael Hernandez on or about April 17, 1937, and thereafter refused to reinstate him for the reason that he joined and assisted the Union and engaged with other employees in concerted activities; and (3) since July 5, 1935, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed by Section 7 of the Act by inter alia (a) interrogating its employees concerning their affiliation with and activities in "outside" labor organizations or the Union, (b) advising, urging, threatening, and warning its employees to re- frain from joining, assisting or retaining membership in the Union or any "outside" labor organization, (c) disseminating oral and written statements and propaganda ridiculing and vilifying the Union, its leaders, and "outside" labor organizations in general, (d) warning its employees that it would never recognize or bargain collectively with the Union or any "outside" labor organization, (e) threatening to shut down or move its 'South Chicago plants if the employees joined or assisted the Union or any "outside" labor organization, (f) spying upon its employees to learn of their union affiliations or ac- tivities and keeping under surveillance union meetings, (g) warning employees to refrain from going on strike on pain of discharge, (h) threatening to prevent and preventing striking employees from ob- taining employment with other employers, (i) compelling a number of employees to remain, at their jobs during the progress of the strike and threatening them with discharge or other penalties if they joined the strike, (j) during the progress of the strike threatening to dis- REPUBLIC SIE'EL CORPORATION 147 charge employees who refused to give 'up their affiliation with, or support the Union in the strike. The amended complaint further alleged that by reason of the unfair labor practices of the respondent prior to May 26, 1937, as above related, as well as by reason of the respondent's unfair labor practices at others of its plants, the re- spondent's employees at its South Chicago plants went on strike on or about May 26, 1937; and that the respondent refused on or about October 11, 1937, to reinstate upon application 656 named employees who went on strike and later reinstated 333 of this number with prej- udice as to position, seniority, vacation and other rights and privileges. The respondent filed its answer to the amended complaint on June 14, 1940, admitting the allegations respecting the nature of its business and that it had inaugurated the Employees Representation Plan in 1933, but denying it had engaged in or was engaging in any of the unfair labor practices alleged. On June 14, 1940, the S. W. U. A. filed its answer. Thereafter a hearing was held before a duly desig- nated Trial Examiner of the Board, and on May 14, 1941, the Trial Examiner issued his Intermediate Report. On May 29, 1941, the Board issued an order transferring the case to the Board. On July 15, 1941, the respondent, the Union, and the Board entered into a stipula- tion.1 The stipulation provides as follows : STIPULATION Upon the second amended charge filed May 11, 1940, by the Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodges No. 1033 and No. 1303, through Steel Workers Organizing Committee (now Steel Workers Organizing Commit- tee, Local Unions No. 1033 and No. 1303) affiliated with the Con- gress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by G. L. Patterson, Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint dated May,13, 1940, against Re- public Steel Corporation, herein called the respondent, alleging that respondent had engaged in and was 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 National Labor Re- lations Act, herein called the Act. Copies of the complaint and accompanying notices of hearing were duly served upon the Union, the Steel Workers Union. of America, herein called the S. W. U. A., and the respondent. 3 On July 10 , 1941, the S, W U. A. communicated with the Board waiving its right to participate further in the proceedings and consenting to the entry of an order disestablish- mg it 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 22, 1940, the respondent filed its answer to the com- plaint denying each and all of the charges set forth therein, and on May 27, 1940, the S. W. U. A. filed its answer. On June 6, 1940, the Board issued an amended complaint. The respondent filed its answer dated June 14, 1940, admitting the allegations re- specting the nature of its business and that it had inaugurated the Employees' Representation Plan in 1933, but denying that it had engaged in or was engaging in any of the unfair labor prac- tices. The S. W. U. A. filed its answer dated June 14, 1940. Thereafter a hearing was duly held before a duly designated Trial Examiner of the Board, and on May 14, 1941, said Trial Examiner issued his intermediate report. 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 THAT : (1) The respondent is incorporated under and existing by virtue of the laws of the State of New Jersey, having its princi- pal executive offices in Cleveland, Ohio. For a long period of time it has been continuously engaged in the manufacture, sale and distribution of iron and steel products. Its principal iron and steel producing, manufacturing and finishing plants are lo- cated at Youngstown, Warren, Cleveland, Canton, Massillon, Niles and Elyria, Ohio; Brooklyn and Buffalo, New York; Chi- cago and Moline, Illinois; Pittsburgh and Beaver Falls, Pennsyl- vania; Gary, Indiana; Monroe, Michigan; Birmingham and Gadsden, Alabama; and Hamilton, Ontario, Canada. Respondent obtains more than one-half of its requirements of iron ore and coal from its own mines and the balance from mines of companies in which it has an interest, and by purchase from others. The re- sponaent and its subsidiaries own or hold under lease iron ore properties in Michigan, New York and Alabama; and coal prop- erties in Pennsylvania, Kentucky and West Virginia. During the year 1939 the value of raw materials transported to respond- ent's plants located at 118th Street and Burley Avenue and at 7850 South Chicago Avenue, Chicago, Illinois, herein referred to as the South Chicago Plants, amounted to approximately $5,600,- 000. Of this amount approximately $3,400,000, or 61.1 percent, represents shipments from points outside the State of Illinois. During the same period the value of finished products shipped from the respondent's South Chicago Plants amounted to ap- proximately $11,800,000. Of this amount approximately $7,000,- 000, or 59.5 per cent, represents shipments from said South Chicago Plants to points outside the State of Illinois. Respond- ent's receipts of raw materials at, and shipments of finished prod- REPUBLIC STEEL CORPORATION 149 ucts from, the South Chicago Plants for the year 1937 were substantially the same as those for the year 1939. The respond- ent agrees for the purpose of this proceeding only that in operat- ing its South Chicago Plants it was engaged in interstate commerce within the meaning of Section 2 (6) of the Act, and that its activities affected commerce within the meaning of Sec- tion 2 (7) of the Act. (2) Steel Workers Organizing Committee, Local Unions No. 1033 and No. 1303, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodges No. 1033 and No. 1303), Steel Workers Organizing Committee, all affili- ated with the Congress of Industrial Organizations, and Steel Workers Union of America are, and Employees' Representative Association and Plan of Employee Representation were, labor organizations within the meaning of Section 2 (5) of the Act. (3) The Board shall make no findings of fact other than those agreed upon in sections (1) and (2) inclusive of this stipulation. (4) 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 this case and this stipulation enter an order in the form of order annexed hereto marked "Exhibit ill. (5) 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 enforcing the order to be entered by the Board pursuant to this stipulation. Respondent and the union shall be given notice of the filing of an applica- tion for, but hereby waive their right to contest, the entry of such decree. (6) The execution of this stipulation and entry of said order shall conclude all proceedings before the Board in the above entitled case. (7) The respondent reasserts its denial that it has committed any unfair labor practices as alleged in the complaint herein, or in any amendment thereto, and that no finding has been made by the Board, or is herein made, that the respondent has committed the unfair labor practices, or any of them, alleged in the complaint, or in any amendment-thereto, and the union asserts that the respondent did engage in said unfair labor practices. (8) The words "cease and desist" as they appear in the order annexed to this stipulation shall not be construed as an admis- sion by the respondent that it committed the unfair labor prac- tices, or any of them, alleged in the complaint, or in any amend- ment thereto. 451269-42-vol. 34-11 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (9) 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 Cir- cuit for the enforcement of the attached order, for the purpose of establishing any fact referred to, recited or alleged in this stipulation or in the complaint, or in any amendment thereto. The parties hereto reserve the right to contest in any other pro- ceeding any fact referred to, recited or alleged in this stipulation or in the complaint, or in any amendment thereto, and to require strict proof thereof. (10) It is understood and agreed between the respondent and the union that all questions as to unfair labor practices now or hereafter alleged to have been engaged in by the respondent at or in relation to its Chicago Plants, at any time prior to the date of this stipulation, 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 or any agent thereof 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. Nothing in this stipulation shall be construed to limit in any manner or to constitute consent to any limitation of the right of the union to present to the re- spondent as a grievance, not to constitute the basis of charges under the Act, any dispute or matter not settled and composed by this stipulation, regardless of the time or circumstances of the origin thereof. (11) 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. (12) This stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. Exix>BIT I ORDER Upon the basis of a stipulation and the entire record in these proceedings, the National Labor Relations Board hereby orders that the respondent, Republic Steel Corporation, its officers, agents, successors and assigns, shall : 1. Cease and desist from : (a) In any manner dominating or interfering with the for- mation or administration of the Employee Representation Plan, REPUBLIC STEEL CORPORATION 151 the Employees' Representative Association and the Steel Work- ers Union of America, or with the formation or administration of any other labor organization of its employees and from con- tributing financial or other support to the Employee Repre- sentation Plan, the Employees' Representative Association and the Steel Workers Union of America, or to any other labor organization of its employees; (b) Discouraging membership in Steel Workers Organizing Committee, Local Unions No. 1033 and No. 1303, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodges No. 1033 and No. 1303) and Steel Work- ers Organizing Committee or any other labor organization of its employees by discriminating in regard to hire or tenure of employment or any terms or conditions of employment; (c) In any other manner interfering with, restraining or coercing its employees in the exercise of the right to self-organi- zation, 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 by 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 Em- ployee Representation Plan, the Employees' Representative Association and the Steel Workers Union of America as repre- sentatives of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment and other conditions of employment and completely disestablish said Employee Rep- resentation Plan, Employees' Representative Association and Steel Workers Union of America as such representatives; (b) Offer to the employees listed in Appendix B, except as otherwise indicated therein, immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority or other rights and privileges; (c) Make whole, pursuant to the method set forth in Appen- dix D, the persons listed in Appendices B and C; (d) Post immediately .in conspicuous places throughout its plants at South Chicago, and maintain for a period of at least sixty (60) consecutive days from the date of the posting, notices stating that the respondent will not engage in the conduct from which it has been ordered to cease and desist in paragraph 1 (a), (b) and (c) above, and that it will take the affirmative action 152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD set forth in paragraph 2 (a), (b) and- (c) of this Order and that the respondent's employees are free to become or remain members of Steel Workers Organizing Committee, Local Unions No. 1033 and No. 1303, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodges No. 1033 and No. 1303) and Steel Workers Organizing Committee, and that the respondent will not discriminate against any em- ployee because of membership or activity in these organizations; (e) Notify the National Labor Relations Board within 60 days from the date of this Order of the steps respondent has taken to_ comply therewith. AND IT IS FURTFIER ORDERED that the complaint be dismissed insofar as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act by discharging Michael Hernandez or by refusing to reinstate those employees whose names are listed in Appendix A hereto attached. APPENDIX A Antonacci, Guido A. Backman, Olof Ban, Fred Banasiak, Joseph S. Bilich, Joseph Bozich, Nicholas Brunczki, Joseph Budisljcnick, John Buksas, Joseph A. Bulla, Tony Burns, John Caporale, Louis J. Casalino, Joseph Cesario, Albert Challas, Sam Chonas, Harry. Copolillo, Albert E Czapla, Joseph Davutovic, Matthew Doran, Henry Drobac, Daniel Ehnat, Joseph G. Gasiorowski, John Graceffa, Frank Grib, Alexander Haack, Alfred Horkavy, Joe Iacobucci, Lauro Jablonski, Peter Jurjevich, Nick Kasprzycki, Albert Kidner, Walter King, Harry A. Koladin, Walter Kovacich, John Kowalewski, Wm. Leoues, John Letchen, Gust McCarthy, John Mravunac, Louis Myj ak, Frank Nichols (Christidis), German Novello, Louis Pannagas, Gust Parkis, Tom Paternostro, Charles Pazanin, Frank Pazanin, Philip J. Peters, Harold Petro, George REPUBLIC STEEL CORPORATION Petro, Sylvester Pizzuto, Tony Politano, James Radloff, William H. Scaramella, Ernest Scheffski, Andrew F. Scott, Sidney Sekoloski (Sokoloski), Adolph Siuba, Frank Skowronski, Charles P. Sobczak, Harry E. Testa, Frank Tocci, Dominick Tyniony, Earl W. Tzortznkis, George Vladekoff, William G. Webster, Robert Wisniewski, Walter Zuccarelli, Antonio - APPENDIX B Abate, William Abbott (Abate ), Andrew Abbott, Joseph G. Alexander, Walter2 Alo, Spartaco A.2 Aloia, Massimo 2 Alvarez, Albino 2 Araiza, Daniel E.2 ,Arnold, James Arnone, Antonio 2 Arroyo, Casimire 2 Babineau, Joseph Badornoc, Emil Badovinac, Mike Badurino , Daniel Ballard, William J Barcas, Charles Barnas, Wojcich (Joe)2 - Barry, William L. (Wojciech) Bartochowski, Adam F Bartochowski, Stephen Beaver, William B. Bego, Frank 2 Belonax, Joseph J. Benjamin, Earl M. Benner Andrew 2 Benson, Roy Bieniek, Peter Bilar, Theodore Bilich, John Billich, Michael Binder, Milton J. Blanusa, Nikela Blazic, Peter Bondi, Cesare Borozan, Mike Bowman, James Bradich, Mane Brajkovich, Frank Branch, Henry Brown, Charles 2 Brown, William 2 Brozowich, John Bruno; Carmine Bruno, Carmine Bruno, Dominick Bruno, Frank 2 Bruno, Rosario Budimir, Peter Bufano, Joe 2 Buisch, George 153 2 These persons were chippers whose jobs have been eliminated, If they have not already received such an offer from the respondent these persons shall be entitled to an offer of a job as and when work becomes available , providing such person is physically able to under- take such employment and passes the required medical examination, and provided further that each of them is capable of doing the work offered and open to him and accepts the job offered him within five ( 5) days after the date of such offer. These shall be reinstated to their full seniority rights and puvileges. 154 DECISIONS Off' NATIONAL LABOR RELATIONS BOARD Buonanno, Tony 2 Buoscio, Ralph 2 Burian, Steven Busch, Frank E. Busich, Joseph Butler, Henry W.2 Cairo, Antonio Calhoun, Walter 2 Campbell, Carl E. Candreva, Antoni02 Canter, Harold Cantor, Riley V., Jr. Capparelli; Frank J Carbone, Carmine Carbone, Fedele - Carbone, Sylvester Cardaras, Andrew N Carlson, Martin N. Carnevale, Angelo Carragher, Elmer P. Carver, Armadale Casalino, Dominick 2 Cassano, Pasquale Cassidy, Bernard W Catanese, Sam 2 Cavka, Dujo Centracchio, Robert Chemekas, Bill 2 Chiapetta, Anthony 2 Chilelli, William Chimino, Angelo Christoff, Joseph R.2 Ciszewski, Thaddeus Clark, John F.2 Cocco, William A. Conkis, George W. Copolillo, Gene Cordon, Earl - Crawford, Glenn Crocilla, Dominick J.2 Crocilla, Russell, J. Crowley, Donald L. Crowley, Eugene F. Curtolo, Salvatore 2 Curtolo, Domenico Curran, Charles Cusamono, Antonio -Dainty, Edward -Dainty, Fredeiick J Damas, Gust 2 Daniels, Henderson 2 Daniels, Rudy T. Dear, Julius 2 Demcsak, John 2 Desanto, Thomas Derkacs, Charles L 2 DiCianni, Angelo 2 Dobrzynski, Alexander Dobrzynski, Edward F. Dobrzynski, John M Domanski, Ignatz Drake, Joseph M. Drazenovick, Nick 2 Drien, Joseph Dudlack, John Dudzik, Frank P. Dudzik, John Dunaj ski, Thomas L 2 Durdov, Atte 2 Dust, Leonard Eder, Max A Edwards, Frank 2 Efantis, John 2 Engels, Harry Engstrom, Gustav Erdei, Ellis Esposito, Dominick 2 Fatla, John Ferrante, Vincenzo 2 Ferelli, Russell Filipas, Antonios, B.2 Filippo, Salvatore Fillippo, William P.2 Finley, Harold 2 Fitzgerald, Thomas Fleming, Robert, Sr. 2 See footnote on page 153. REPUBLIC STEEL CORPORATION 155 Fleming, William C. Florez, Guadalupe 2 Forslund, Kenneth E. Frangella, Andre Frangella, Andrew Frangella, Pasquale Frangella, Sol J. Galovich, Michael S. Galutz, Nick Gasiocki, Joseph F. Gelalya, Joseph 2 Gorzel, John Gillespie, Joseph T. Giordano, Peter 2 Giza, Joseph Glazewski, Anthony T. Glazewski, Stanley Glinski, Harry C. Gnisci, Raffaelo Gocko, Kostanty 2 Gotovac, Robert Granich, George 2 Granich, George Steven Grewenig, Frederick J. Grewenig, Mathias Gromala, J. W. Guida, Amedeo 2 Gura, Joseph 2 Guzman, Max Guzzo, Joseph Hacker, Edward G. Hacker, George J. Hackett, Merle Harris, Revo 2 Hegedus, Joseph J. Holevas, George A.2 Hotkiewicz, Frank J.2 Hussey, Bartholomew Hutman, Francis A. Ivastanin, Steve Izzi, John Jablonski, Walter 2 Jablonski, William J Jaszyna, Felix Johnson, Carl A. Johnson, Cleveland A.= Johnson, Harry C. Johnson, Martin G. Jolly, James B. Jones, George M. Jordan, Werty 2 Joy, Ralph J. Joyce, Thomas S. Judvitis, Peter Kabot, Roman 2 Kalinowski, Taofil F.2 Karras, Gust G.2 Kasuri, Joseph Kenney, Daniel J. Kerr, John Stephen Kilhof, Louis H. Kindel, Fred C. King, Walter Scott Kinney, Cephas W. Kinsey, Isaac 2 Klimowski, Casimir Kline, (Klein) Henry E. Klotz, Herman E. Knafelz, Lewis Koch, Emil C. Kolember, Mike 2 Koll, Paul V. Kordocki, Joseph 2 Kosanovich, Rudolph Kosteba, John J. Kostro, Kasimer 2 Kovacich, Anthony Krakowsky, John G. Kramaric, Anthony Kraska, Joseph 2 Kraska, Vincent W. Kraynak, Elek 2 Krelandis, Richard Kress, Anton F. Kretche, Joseph P. Kross, John H. 2 See footnote on page 153. 156 DECISIONS OF NATIONAL Kruga, Nicholas W. Krupa, George J. Kucar, Anthony M. Kustreba (Strava), Robert Kwiathkowski, Edward Lakeberg, Arthur W. Lamar, Nicholas La Point, Dennie Lapov, Mark02 Larson, Edwin B. Latiano, Vincenzo Lakos -(Lekos), Nick 2 Lea, Robert Lebeter, Albert D. Lenart, Casimir J. Lenart, John 2 Letsos, James A.2 Liptack, Steven Liptak, Steve, Sr. Listro, Sabatino Lomeli, Foodore (Teoclore) Lonchar, George Lucas, Stanley J. Lutz, John Macellari, Antonio Mack, Joseph D. Macko, Frank Magnavite, Vincent 2 Malecki, Walter Malito, Carmine Mallett, Argusta (Gus) J.2 Manes, Andrew Marchese, Samuel Marcianik, Simon Marciez, Joseph F. Margeolis, Peter D. Maricic, Mato . Markacek, Frank Marko, John 2 Marosovic, Edward J. Marevich, Alex Martin, Henderson 2 2 LABOR RELATIONS BOARD Martin, Thomas Martinez, Albino 2 Martinez, Gilbert B.2 Maxwell, James Mayer (Mayerle), John 2 McGill, Raymond W. McCrea, Edward McLaughlin, William, J. McPherson, Tobe L.2 McVerry, John E. Meagher, William D. Medich, Eli 2 Megales, Gust Melvan, Paul Merkuris, Samuel Messina, Charles Messina, Joseph M. Metikosh, Eli Michaels, John N. Michalski, Walter J. Miecnikowski, Julius 2 Mihalik, William A. Mikan, John L. Miksun, William Mikula, John Milasinovich, Eli Miles, Walter C. Miller, Edward W. Miller, William 2 Mires, John C. Mleczko, Edward J. Moore, Roy John Morgan, Nick G.=' Mori, Angelo R. Mori,-Rudolph Morse, Secky C. Mosebaugh, William Mrkonich, Miyo (Mike) Muich, Mike Mujadin, Jacob A. Muskina, Alexander Myers, Ira A. 2 See footnote on page 158. REPUBLIC STEEL CORPORATION Naccarato, Sam Name, Peter (Naumoff ) Niekraz, Frank Tony Novak, Matt Novakovich, Victor P. Oberg, Bernard A. Oberman, Anton Obrohta, Joe 2 Oertel, Paul 2 Olchawa, John J. Olsen (Olson), Arthur P. Olson, Charente G. Olson, Roy Orlando, Louis Ostrenga, Michael T. Overton, Robert 2 Palasik, Joseph M. Paolone, Abraham Paolone, Anthony Pappas, Gust D.2 Paris, Raymond Q. Parrott, John L. Patterson, Benjamin J.2 Pavlak, Walter A. Pavlovic, Jack Pawlak, John E. Pazanin, Filip 2 Pazanin, Louis Pencheff, John 2 Peterson, Selby Petro, Jim Petro, Louis R.2 Petrungaro, Angelo Petrungaro, Carmine Petrungaro (Petro), F r a n c i s Paul (Frank) Paiskowy, Anthony A. Picciola, Rosario Pilipovich, George Piljac, Sam 2 Pitlik, Joseph F. Pixley, William S. Plezia, Casey S. Podgorny, Anthony Poerio, Salvatore F. Ponzo, August Prepura, Andrew Presta, Leonardo 2 Price, Hubert 2 Provenzano, Joe Puskavich (Pusnik), Steve 2 Radish, Mike Raikos, Louis = Ramirez, Nativibas Ray, Walter Reda, Frank Resendez (Resendes), Anton 2 Reusze, Kenneth W. Reuter, Louis Richey, Charles E. Rinas, William Robinson, Algie Rocco, Salvatore N. Rode, Hubert Rodriguez, Frutoso 2 Rogers, Russel J. Rojewski, John Rolli, Pete 2 Rollins, William Romero, Crus (Jesus)2 157 Rosaz, Rafel ( Rafael) R.2 Round, Ernest B. Rucinski, Walter V. Rucker, Frank Rusciano, Joseph Russo, Michael J. Ruzon, Joseph J. Ryba, John P. Ryba, Stephen J: Ryder, Walter Rys, Joseph J. Salazar, Maximino 2 Salome (Salomo ), Henry Ramirez 2 2 See footnote on page 153 158 DECISIONS OF NATIONAL Santelli, Emilio 2 Sauer, Archie E. Sauer, Leslie G. Scaramella, Cesare 2 Scarberry, Frank Schneider, Mark Schroeder, Frank J. Secor, William W. Selenik, Frank Serrato, Frederico 2 Setineyer, Joseph F. Sheridan, John T. Shule, Samuel F. Siciliano, Louis Simich, Pete Skarzynski, Alexander Skelly, John Skorupa, Martin Skowronski, Theodore E. Slupczynski, Wladyslaw Smith, Hardy L. Smith, Mathew 2 Smith, Walter 2 Soda, Nichols (Nick) 2 Solich, Mike Sopkowicz, William Sorak, Marco (Mark) Soria, Joseph Spletzor, Emil J. Springsteen, Alvin Stamper, Nick T. Stanton, James F. Stefaniak, Joseph A. ' Stefanovich, Harry Stegich, Gasper 2 Stevens, Clarence 2 Stok, John F. Stoklosa, Anthony Stomper, Frank W. Stricula, Walter Strine, John (Giovanni). Strzelecki, Frank W. LABOR RELATIONS BOARD Sudac, John Suzich, Peter Szymanski, Chester 2 Szymonik, Vincent Tabor, Tomas Telac (Telic), John Terry, Howard 2 Thealen, Allen J. Thomas, Mike (Nomikos) 2 Thompson, Fred 2 Thorgren, Anshelm P. Tinin, Lee W. Tomaselli, Enrico Tomko, Andrew 2 Torok, Frank Toretto, John 2 Torrez, Dave 2 Triantafillo, John Trunbich, Frank Tsilis, Gust G.2 Upstrom, Walter Uremovich, Michael Uribe, Frank 2 ValcofF, Dobri Vanselow, Paul Varkalis, Bonifice Vera, Tom Garcia Volf, Joseph F. Vuchur, Eli Vukobratovich, George Vuksinic, Martin At., Jr. Wachowicz, Leo Waites, Nathaniel 2 Wanie, Matthew Wanio, Louis Washington, Harold J.2 Widon, Walmar C. Weigert, Herman F. Wierkowski, Adam Williams, Raymond 2 Willich, Mike Willich, Nicholas 2 See footnote on page 153 REPUBLIC STEEL CORPORATION Wills, Carl O. Wilson, Albert Wilson, James 0.2 Winters, Clyde L. Winzen, Walter J. Wnuk, James Wojcik, Lawrence Wolff, Matt Wolstenholme, Charles Wrobel, Stanley A.2 Wroble, Alexander Wrzesien, Edward Yelich, Matte (Matt) 2 Young, Finis Bruce Yuratovac, Cust L. Yuratovac, Joseph M. Yursich, John Zager, Frank Zanke, Peter 2 Zerlentes, Sam Ziembinski, Phillip Zuzul , George Anagnostis, John (No back pay) Augustyn, Joseph (No back pay) Beaudion, Robert (No back pay) Billich, Carl (No back pay) Bucan (Boucher,), Peter (No back pay) Cariglino, Leonard (No back pay) Carlson, Hhnke (No back pay) Carlson, Swan (No back pay) Dewar, William (No back pay) Dukas, Thomas J. (No back pay) Evans, Michael (No back pay) Foye, George (No back pay) Grabowski, Joseph (No back pay) Gray, Leonard (No back pay) Grenko, John (No back pay) Hacker, Francis (No back pay) 159 Henderson , Martin (No back pay) Holub, Frank (No back pay) Jahnke, Elmer (No back pay) Johnson, Armour (No back pay) Johnson , Ernest (No back pay) Jones, Daniel A . (No back pay) Klein, Joseph (No back pay) Lavarone (Ivarone ), Nick (No back pay) Lencioni , John Patrick (No back pay) Maliczyszyn , Wasyl (No back pay) Mazzocco, Aurelio (No back pay) Moynihan , Daniel (No back pay) Muto, Quasim (No back pay) Pappaionon , Lucas G. (No back pay) Pappas, George (No back pay) Paravich, Anthony (No back pay) Petroff, Mike (No back pay) Petrungaro, Thomas D. (No back hay) Phillips, Joseph B. (No back pay) Poloncas , Charles W. (No back pay) Riffice, Carl J. (No back pay) Ruszkowski, Joseph (No back Pay) Sanzone, Nick (N back pay) Schohl, John (No back pay) Sokolowski, Thomas (No back Pay) Svorcin, Mike (No back pay) Thurman, Dave (No back pay) Tishey, Stephen E. (No back pay) Wengrzyn , Joseph ( No back pay) Willo, John (No back pay) Young, Leonard (No back pay) Zilius, Anton (No back pay) 2 See footnote on page 153. 160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Zimmer, John (No back pay) Anderson, Axel E.3 Anderson, Paul G.3 Bayer, Aloysius T.3 Borozan, Steve 3 Capalby, John A3 Cardaras, James 3 Conway, Bernard W.3 Cote, Edward H.3 Crowley, Michael J.3 Domingues, Guillermo Esposito, Archie 3 Frederickson, Eric 3 Gelalya, Edward M.3 Godines, Jose 3 Grudis, Anton 3 Gustafson, Axel J.3 Hammer, Edward 3 Hernandez, Tony M.3 Hobbs, Elmer M.3 Holmberg, Algot'J 3 Johnson, Alfred 3 Kaminskus, John P.3 Mozzocco (Matt), John3 Muhic, Stanley 3 Muth; Fred 3 Nance, Drayton 3 Nordstrom, Edward A.3 Palmer, Frank 3 Parenti, Paul A3 Piwowar, Joseph P.3 Ryan, John J .3 Seymour, Joseph P.3 Werno, Charles E.3 Williams, Lawson 0.3 Zielke, Edward L.3 APPENDIX C Adams, Michael J., February 10, 1939 Anderson, Bernard Albert, Febru- ary 16, 1939 Balsavich, Albert A., September 16, 1939 Bandura, Joseph Bekin, Joseph F., July 24, 1939 Bruno, Joseph, August 27, 1940 Cardaras, Basil A., June 7, 1938 Casteris, George E., April 16, 1940 Conlon, Edward M., June 1, 1939 Crocilla, Frank, December 13, 1939 Dimitrakopoulos, James, October 27, 1939 Di Santo, Frederick, October 14, 1939 Durkin, John J., August 26, 1940 Kerkos, Anton J., December 29, 1938 King, Carl F., October 1939 Kostaropoulos, James, December 20, 1938 Kreidler, Neil, January 12, 1939 Lotito, John W., June or July 1940 Mamich, George E., October 27, 1939 Marentic, Mathue, September 18, 1939 Ma'tallo, John, September 26, 1940 Miller, Joe, August 4, 1939 Mostrom, Carl A., August 26, 1940 Peterson, William H., December 13, 1938 Poloncak, Michael, September 16, 1939 3 The Corporation contends on the basis of newly-discovered evidence that these persons did not participate in the strike of May 26, 1937. The establishment of such facts by the Corporation to the satisfaction of the Court with respect to any such person shall relieve the Corporation of the obligation to reinstate such person or to make him whole, REPUBLIC STEEL CORPORATION Reddish, Herbert S., October 2, 1939 Schoenbeck, Albert B., May 8, 1940 Shea, Wilbert B., March 20, 1939 Sherwood, Kelso, September 1940 Siciliano, Alfred (Alfredo) M., September 16, 1939 Skibicki, Walter, October 15, 1939 Sobczak, Andrew, October 1939 161 Sukta, Frank, November 15, 1939 Sulkowski, Martin S., December 2, 1939 Swanson, Oscar T., August 11, 1939 West, Lindsay G., October 3, 1939 Yuratovac, August, October 1939 Zarkovich , Joseph J., Jr., Septem- ber 1939 APPENDIX D For the purpose of making whole the persons listed in Appendices B and C, the amount, if any, to be paid to each person listed on Appendices B and C, shall be determined in accordance with the following method : 1. The amount, if any, due to each person listed in Appendix B shall be determined as follows : The period for computation shall start on November 1, 1938 and continue for each person listed in Appendix B until the day previous to the date on which such person was reinstated to his former, or a substantially equivalent position, or was offered reinstatement to his former, or a substantially equivalent position, or in the event such person's position has been abol- ished, then to the date of offer -of, or reinstatement to, another position, made in accordance with customary plant practice; subject, however, to the additional factors set forth in para- graph 7 hereof. 2. The amount,. if any, due to each person listed in Appendix C shall be determined as follows : The period of computation shall start on November 1, 1938 and continue for each person listed in Appendix C to the date set opposite his name, which date and the findings of fact held to terminate the running of back wages, shall be taken to be prima facie correct, but in no event beyond the period when such person was reinstated to his former, or a substantially equivalent job, or was offered reinstatement to his former, or a substantially equivalent job, or in the event such person's posi- tion has been abolished, then to the date of offer of, or reinstate- ment to, another position, made in accordance with customary plant practice; subject, however, to the additional factors set forth in paragraph 7 hereof. 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. Record sheets as illustrated by Exhibit "A" to this Appendix D, shall be prepared for the South Chicago plants showing each man on the payroll as of May 26, 1937, and any hired since that date, exclusive of any employee who was discharged, quit or died prior to November 1, 1938, classified according to departmental and occupa- tional classification and arranged in consecutive order number accord- ing to such occupational classification and length of service in the department, the man with the longest service appearing as No. 1, next longest No. 2, etc. There shall also be excluded from the record sheets prepared as above, until he actually returns, any employee not on the payroll on November 1, 1938, by reason of prolonged voluntary leave of absence. 4. Exhibit "A" shall have columns captioned as follows: Employee's Social Security number. Employee's consecutive number according to length of service in the department. Case Number, which number is the employer's file number assigned to the employee. Employee's name. Employee's badge number. Date application was received (which shall be deemed to be November 1, 1938). Date employee returned to job held at the time of the strike or a substantially equivalent job. Several columns showing the earnings by months of all eni- ployees in the group who had earnings and indicating those who did not have earnings during the period of calculation as set forth in paragraphs 1 and 2 hereof. Each column of earnings shall have the items of earnings con- secutively numbered in the vertical columns. 5. In order to determine the amount, if any, due each person listed on Appendices B and C, his consecutive service record number indicated in column of Exhibit "A" captioned "Employee's consecu- tive number according to length of service in the department" shall be followed through the period set forth in paragraphs 1 or 2 as the case may be, and the summation by months of the earnings, if any, bearing the same number during such period shall constitute the gross amount due such person, provided that where the period of computa- tion at the end of the period involves the splitting of monthly earn- ings, such splitting shall be,done on such percentage basis as the number of days involved bears to the number of days in the month. In-the event the application of the above formula works undue hard- REPUBLIC STEEL CORPORATION 163 ship in particular cases the parties shall give special consideration to such cases and where it is agreed upon some special adjustment may be made in such cases, or some of them. 6. Any earnings received by such person from the respondent or elsewhere during the period involved shall be deducted to arrive at the net amount due such person. Such person's earnings during the period in question shall be obtained from the records of the Social Security Board, the W. P. A., and the respondent and Board questionnaires. 7. It is understood that in determining the period during which back pay shall be computed and in arriving at the net amount, if any, due each person listed in Appendices B and C, cases falling within the following classifications shall be given special consideration and the period for which back pay shall be computed shall be eliminated or shortened accordingly and the amount of net earnings due in any such case shall be eliminated or reduced accordingly. (a) Physical rejects. (b) Failure to report to employment office when requested, provided that the respondent was prepared to offer the former or a substantially equivalent position. (c) Sick and unable to work. (d) Unable to locate. (e) Deceased. (f) Not available for work at time needed. (g) Reinstated but subsequently quit, properly discharged or laid off or otherwise terminated. 8. Differences arising from the application td any particular case of the principles set forth herein will be subject to negotiation be- tween the respondent and the union and, if necessary, to disposition by normal judicial procedure. 9. Each person listed on Appendices B and C shall be entitled, in addition to any amount due him in accordance with the foregoing provisions hereof, to any vacation pay due him upon the basis set forth in the Supplemental Decree entered on September 30, 1940, by the United States Circuit Court of Appeals for the Third Circuit, in Case No. 6907 entitled "Republic Steel Corporation v. National Labor Relations Board, et al." On July 16, 1941, the Board issued an order approving the above stipulation and making it a part of the record in the case. Upon the above stipulation and the entire record in the case, the Board makes the following: 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The Republic Steel Corporation is a New Jersey corporation hav- ing its principal executive offices in Cleveland, Ohio. It is engaged in the manufacture, sale, and distribution of iron and steel products. Its principal iron and steel producing, manufacturing, and finishing plants are located in Youngstown, Warren, Cleveland, Canton, Mas- silon, Niles, and Elyria, Ohio; Brooklyn and Buffalo, New York; Chi- cago and Moline, Illinois; Pittsburgh and Beaver Falls, Pennsylvania; Gary, Indiana; Monroe, Michigan; Birmingham and Gadsden, Ala- bama; and Hamilton, Ontario, Canada. The respondent and its sub- sidiaries own or hold under lease iron ore properties in Michigan, New York, and Alabama, and coal properties in Pennsylvania, Kentucky, and West Virginia. During the year 1939, the value of raw materials transported to the respondent's plants at South Chicago, Illinois, amounted to approx- imately $5,600,000. Of this amount approximately $3,400,000 or 61.1 per cent represents shipments from points outside the State of Illinois. During the same period the value of finished products shipped from the respondent's South Chicago plants amounted to ap- proximately $11,800,000. Of this amount approximately $7,000,000 or 59.5 per cent represents shipments from the South Chicago plants to points outside the State of Illinois. The respondent's receipts in shipments of raw materials for the year 1937 were' substantially the same as those for the year 1939. The respondent agrees for the pur- pose of this proceeding that in its operations of the South Chicago plants it was engaged in interstate commerce within the meaning of the Act. We find that the above described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of a stipulation and the entire record in these pro- ceedings, the National Labor Relations Board hereby orders that the respondent, Republic Steel Corporation, its officers, agents, successors and assigns, shall : 1. Cease and desist from : (a) In any manner dominating or interfering with the formation or administration of the Employee Representation Plan, the Em- ployees' Representative Association and the Steel Workers Union of America, or with the formation or administration of any other labor organization of its employees and from contributing financial or other support to the Employee Representation Plan, the Employees' Repre- REPUBLIC STEEL CORPORATION 165 sentative Association and the Steel Workers Union of America, or to any other labor organization of its employees; (b) Discouraging membership in Steel Workers Organizing Com- mittee, Local Unions No. 1033 and No. 1303, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodges No. 1033 and No. 1303) and Steel Workers Organizing Committee or any other labor organization of its employees by discriminating in regard to hire or tenure of employment or any terms or conditions of employment; (c) 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 by 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 Employee Representation Plan, the Employees' Representative Association and the Steel Workers Union of America as representatives of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment and other conditions of employment and completely disestablish said Employee Representation Plan, Employees' Representative Associa- tion and Steel Workers Union of America as such representatives; (b) Offer to the employees listed in Appendix B, except as other- wise indicated therein, immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their' seniority or other rights and privileges; (c) Make whole, pursuant to the method set forth in Appendix D, the persons listed in Appendices B and C ; (d) Post immediately in conspicuous places throughout its plants at South Chicago, and maintain for a period of at least sixty (60) consecutive days from the date of the posting, notices stating that the respondent will not engage in the conduct from which it has been ordered to cease and desist in paragraph 1 (a), (b) and (c) above, and that it will take the affirmative action set forth in paragraph 2 (a), (b)' and (c) of this Order and that the respondent's employees are free to become or remain members of Steel Workers Organizing Committee, Local Unions No. 1033 and No. 1303, (formerly Amalga- mated Association of Iron, Steel & Tin Workers of North America, Lodges No. 1033 and No. 1303) and Steel Workers Organizing Com- mittee, and that the respondent will not discriminate against any employee because of membership or activity in these organizations; 451269-42-vol 34-12 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (e) Notify the National Labor Relations Board within sixty (60) days from the date of this Order of the steps respondent has taken to comply therewith. AND IT IS FURTHER ORDERED that the complaint be dismissed insofar as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act by discharging Michael Hernandez or by refusing to reinstate those employees whose names are listed in Appendix A hereto attached. APPENDIX A Antonacci, Guido A. Backman, Olof Ban, Fred Banasiak, Joseph S. Bilich, Joseph Bozich, Nicholas Brunczki, Joseph Budisljcnick, John Buksas, Joseph A. Bulla, Tony Burns, John Caporale, Louis J. Casalino, Joseph Cesario, Albert Challas, Sam Chonas, Harry Copolillo, Albert E. Czapla, Joseph Davutovic, Matthew Doran, Henry Drobac, Daniel Ehnat, Joseph G. Gasiorowski, John Graceffa, Frank Grib, Alexander Haack, Alfred Horkavy, Joe Iacobucci, Lauro Jablonski, Peter Jurjevich, Nick Kasprzycki, Albert Kidner, Walter King, Harry A. Koladin, Walter Kovacich, John Kowalewski, Win. Leoties, John Letchen, Gust McCarthy, John Mravunac, Louis Myj ak, Frank Nichols (Christidis), German Novello, Louis Pannagas, Gust Parkis, Tom Paternostro, Charles Pazanin, Frank Pazanin, Philip J. Peters, Harold Petro, George Petro, Sylvester Pizzuto, Tony Politano, James RadlofF, William H. Scaramella, Ernest Scheffski, Andrew Y. Scott, Sidney Sekoloski (Sokoloski), Adolph Sinba, Frank Skowronski, Charles P. Sobczak, Harry E. Testa, Frank Tocci, Dominick Tymony, Earl W. Tzortznkis, George Viadekoff, Willian G. Webster, Robert Wisniewski, Walter Znccarelli, Antonio REPUBLIC STEEL CORPORATION 167 APPENDIX B Abate, W11111111-1 Abbott (Abate), Andrew Abbott, Joseph G. Alexander, Walter 4 Alo, Spartaco A.4 Aloia, Massimo 4 Alvarez, Albino 4 Araiza, Daniel E.4 Arnold, James Arnone, Antonio 4 Arroyo, Casimire Babineau, Joseph Badornoc, Emil Badovinac, Mike Badurino, Daniel Ballard, William J. Barcas, Charles Barnas, W o j c i c h (Wojciech) (Joe) 4 Barry, William L. Bartochowski, Adam F. Bartochowski, Stephen Beaver, William B. Bego, Frank 4 Belonax, Joseph J. Benjamin , Earl M. Benne, Andrew 4 Benson, Roy Bieniek, Peter Bilar, Theodore Bilich, John Billich, Michael Binder, Milton J. Blanusa, Nikela Blazic, Peter Bondi, Cesare Borozan, Mike Bowman, James Bradich, Mane Brajkovich, Frank Branch, Henry 4 Brown, Charles 4 Brown, William 4 Brozowich, John Bruno, Carmine Bruno, Carmine Bruno, Dominick Bruno, Frank 4 Bruno, Rosario Budimir, Peter Bufana, Joe 4 Buisch, George Buonanno, Tony 4 Buoscio, Ralph 4 Burian, Steven Busch, Frank E. Busich, Joseph Butler, Henry W.4 Cairo, Antonio Calhoun, Walter 4 Campbell, Carl E. Candreva, Antonio 4 Canter, Harold Cantor, Riley V., Jr. Capparelli, Frank J. Carbone, Carmine Carbone, Fedele Carbone, Sylvester Cardaras, Andrew N. Carlson, Martin N. Carnevale, Angelo Carragher, Elmer P. Carver, Armadale Casalino, Dominick 4 4 These persons were chippers whose jobs have been eliminated If they have not already received such an offer from the respondent these persons shall be entitled to an offer of a job as and when work becomes available, providing such person is physically able to under- take such employment and passes the required medical examination, and provided further that each of them is capable of doing the Work offered and open to him and accepts the job offered hint within (5) days after the date of such offer These shall be reinstated to their full ; eniornty rights and privileges 168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Cassano, Pasquale Cassidy, Bernard W. Catanese, Sam Cavka, Dujo Centracchio, Robert Chemekas, Bill 4 Chiapetta, Anthony 4 Chilelli, William Chimino, Angelo Christoff, Joseph R. 4 Ciszewski, Thaddeus Clark, John F.4 Cocco, William A. Conkis, George W. Copolillo, Gene Cordoni, Earl Crawford, Glenn Crocilla, Dominick J. Crocilla, Russell J. Crowley, Donald L. Crowley, Eugene F. Curtolo, Salvatore 4 Curtolo, Domenico Curran, Charles Cusamono, Antonio Dainty, Edward' Dainty, Frederick J. Damas, Gust 4 Daniels, Henderson Daniels, Rudy T. Dear, Julius 4 Demcsak, John 4 D'esanto, Thomas 4 4 Derkacs, Charles L.4 DiCianni, Angelo 4, Dobrzynski, Alexander Dobrzynski, Edward F. Dobrzynski, John M. Domanski, Ignatz Drake, Joseph M. Drazenovick, Nick 4 Drien, Joseph Dudlak, John Dudzik, Frank P. Dudzik, John Dunajski, Thomas L.4 Durdov, Ante 4 Dust, Leonard Eder, Max A. Edwards, Frank 4 Efantis, John 4 Engels, Harry Engstrom, Gustav Erdei, Ellis Esposito, Dominick 4 Fatla, John Ferrante, Vincenzo 4 Ferrelli, Russell Filipas, Antonios, B.4 Filippo, Salvatore Fillippo, William P.4 Finley, Harold 4 Fitzgerald, Thomas Fleming, Robert, Sr. Fleming, William C. Florez, Guadalupe 4 Forslund, Kenneth E. Frangella, Andre Frangella, Andrew Frangella, Pasquale Frangella, Sol J. Galovich, Michael S. Galutz, Nick Gasiocki, Joseph F. Gelalya, Joseph 4 Gorzel, John Gillespie, Joseph T. Giordano, Peter 4 Giza, Joseph Glazewski, Anthony T. Glazewski, Stanley Glinski, Harry C. Gnisci, Raffaelo Gocko, Kostanty 4 Gotovac, Robert Granich, George 4 4 See footnote on page 167 REPUBLIC STEEL CORPORATION Granich, George Steven Grewenig, Frederick J. Grewenig, Mathias Gromala, J. W. Guida, Amedeo 4 Gura, Joseph 4 Guzman, Max Guzzo, Joseph Hacker, Edward G. Hacker, George J. Hackett, Merle Harris, Revo 4 Hegedus, Joseph J. Holevas, George A.4 Hotkiewicz, Frank J.4 Hussey, Bartholomew Hutman, Francis A. Ivastanin, Steve Izzi, John Jablonski, Walter 4 Jablonski, William Jaszyna, Felix Johnson, Carl A. Johnson, Cleveland A 4 Johnson, Harry C. Johnson, Martin G. Jolly, James B. Jones, George M. Jordan, Werty 4 Joy, Ralph J. Joyce, Thomas S. Judvitis, Peter Kabot, Roman 4 Kalinowski, Taofil F.4 Karras, Gust G.4 Kasun, Joseph Kenney, Daniel J. Kerr, John Stephen Kilhof, Louis H. Kindel, Fred C. King, Walter Scott Kinney, Cephas W. Kinsey, Isaac 4 Klimowski, Casimir Kline (Klein), Henry E. Klotz, Herman E. Knafelz, Lewis Koch, Emil C. Kolember, Mike 4 Koll, Paul V. Kordecki, Joseph 4 Kosanovich, Rudolph Kosteba, John J. Kostro, Kasimer 4 Kovacich, Anthony Krakowsky, John G. Krameric, Anthony Kraska, Joseph 4 Kraska, Vincent W. Kraynak, Elek 4 Krelandis, Richard Kress, Anton F. Kretche, Joseph P. Kross, John H. Kruga, Nicholas W. Krupa, George J. Kucar, Anthony M. Kustreba (Strava), Robert Kwiathkowski, Edward Lakeberg, Arthur W. Lamar, Nicholas La Point, Dennie Lapov, Marko 4 Larson, Edwin B. Latiano, Vincenzo Lakos (Lekos), Nick 4 Lea, Robert Lebeter, Albert D. Lenart, Casimir J. Lenart, John 4 Letsos, James A.4 Liptack, Steven Liptak, Steve, Sr. Listro, Sabatino Lomeli, Foodore (Teodore) 4 Lonchar, George 169 4 See footnote on page 167. 170 DECISIONS OF NATIONAL Lucas, Stanley J. Lutz, John Macellari, Antonio Mack, Joseph D. Macko, Frank Magnavite, Vincent Malecki, Walter Malito, Carmine Mallett, Augusta (Gus) J.' Manes, Andrew Marchese, Samuel Marcianik, Simon Marciez, Joseph F. Margeolis, Peter D. Maricic, Mato Markacek, Frank Marko, John 4 Marosovic, Edward J. Marevich, Alex Martin, Henderson 4 Martin, Thomas Martinez Albino 4 Martinez Gilbert B.4 Maxwell, James Mayer (Mayerle), John 4 McGill, Raymond W. McCrea, Edward McLaughlin, William J. McPherson, Tobe L.4 McVerry, John E. Meagher, William D. Medich, Eli 4 Megales, Gust 4 Melvan, Paul Merkuris, Samuel4 Messina, Charles Messina, Joseph M. Metikosh, Eli Michaels, John N. Michalski, Walter J. Miecnikowski, Julius 4 Mihalik, William A. Mikan, John L. LABOR RELATIONS BOARD Miksun, William Mikula, John Milasinovich, Eli Miles, Walter C. Miller, Edward W. Miller, William 4 Mires, John C. Mleczko, Edward J. Moore, Roy John Morgan, Nick G.4 Mori, Angelo R. Mori, Rudolph Morie, Secky C. Mosebaugh, William Mrkonich Miyo (Mike) Muich, Mike Mujadin, Jacob A. Muskina, Alexander Myers, Ira A. Naccarato, Sam Name, Peter (Naumoff) Niekraz, Frank Tony Novak, Matt Novakovich, Victor P. Oberg, Bernard A. Oberman, Anton Obrohta, Joe 4 Oertel, Paulo Olchawa, John J. Olsen (Olson), Arthur P. Olson, Charente G. Olson, Roy Orlando, Louis Ostrenga, Michael T. Overton, Robert 4 Palasik, Joseph M. Paolone, Abraham Paolone, Anthony Pappas, Gust D.4 Paris, Raymond Q. Parrott, John L. Patterson, Benjamin J.4 Pavlak, Walter A. 4 See footnote on pug ](i7 REPUBLIC STEEL CORPORATION Pavlovic, Jack Pawlak, John E. Pazanin, Filip 4 Pazanin, Louis Pencheff, John 4 Peterson, Selby Petro, Jim Petro, Louis R.4 Petrungaro, Angelo Petrungaro, Carmine Petrungaro (Petro), Francis Paul (Frank) Paiskowy, Anthony A. Picciola, Rosario Pilipovich, George Piljac, Sam4 Pitlik, Joseph F. Pixley, William S. Plezia, Casey S. Podgorny, Anthony Poerio, Salvatore F. Ponzo, August Prepura, Andrew Presta, Leonard04 Price, Hubert 4 Provenzano, Joe Puskavich (Pusnik), Steve 4 Radish, Mike Raikos, Louis 4 Ramirez, Nativibas Ray, Walter Reda, Frank Resendez (Resendes), Anton 4 Reusze, Kenneth W. Reuter, Louis Richey, Charles E. Rinas, William Robinson, Algie Rocco, Salvatore N. Rode, Hubert Rodriguez, Frutoso Rogers, Russel J. Rojewski, John 4 171 Rolli, Pete 4 Rollins, William Romero, Crus (Jesus)4 Rosaz, Rafel (Rafael) R.4 Round, Ernest B. Rucinski, Walter V. Rusciano, Joseph Rucker, Frank Russo, Michael J. Ruzon, Joseph J. Ryba, John P. Ryba, Stephen J. Ryder, Walter Rys, Joseph J. Salazar, Maximino 4 Salome (Salomo), Henry Ranni- I.ez4 Santelli, Emilio 4 Sauer, Archie E. Sailer, Leslie G. Scaramella, Cesare 4 Scarberry, Frank Schneider, Mark Schroeder, Frank J. Secor, William W. Selenik, Frank Serrato, Frederico 4 Setmeyer, Joseph F. Sheridan, John T. Shule, Samuel F. Siciliano, Louis Simich, Pete Skarzynski, Alexander Skelly, John Skorupa, Martin Skowronski, Theodore E. Slupczynski, Wladyslaw Smith, Hardy L. Smith, Mathew 4 Smith, Walter 4 Soda, Nichols (Nick)4 Solich, Mike Sopkowicz, William 4 See footnote on page 167 172 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD Sorak, Marco (Mark) Soria, Joseph Spletzor, Emil J. Springsteen, Alvin Stamper, Nick T. Stanton, James F. Stefaniak, Joseph A. Stefanovich, Harry Stegich, Gasper 4 Stevens, Clarence 4 Stok, John F. Stoklosa, Anthony Stomper, Frank W. Stricula, Walter Strine, John (Giovanni) Strzelecki, Frank W. Sudac, John Suzich, Peter Szymanski, Chester 4 Szymonik, Vincent Tabor, Tomas Telac (Telic), John Terry, Howard 4 Thealen, Allen J. Thomas, Mike (Nomikos) 4 Thompson, Fred 4 Thorgren, Anshelm P. Tinin, Lee W. Tomaselli, Enrico Tomko, Andrew 4 Torok, Frank Torretto, John 4 _ Torrez, Dave 4 Triantafillo, John 4 Trunbich, Frank Tsilis, Gust G.4 Upstrom, Walter Uremovich, Michael Uribe, Frank 4 Valcoff, Dobri Vanselow, Paul' Varkalis, Bonifice Vera, Tom Garcia Volf, Joseph F. Vuchur, Eli Vukobratovich, George Vuksinic, Martin M., Jr: Wachowicz, Leo Waites, Nathaniel4 Wanie, Matthew Wanio, Louis Washington, Harold J.4 Widon, Walmar C. Wiegert, Herman F. Wierkowski, Adam Williams, Raymond 4 Willich, Mike Willich, Nicholas Wills, Carl 0. Wilson, Albert Wilson, James 0.4 Winters, Clyde L. Winzen, Walter J. Wnuk, James Wojcik, Lawrence Wolff, Matt Wolstenholme, Charles Wrobel, Stanley A.4 Wroble, Alexander Wrzesien, Edward Yelich, Matte (Matt)4 Young, Finis Bruce Yuratovac, Cust L. Yuratovac, Joseph M. Yurs:ch, John Zager, Frank Zanke, Peter 4 Zerlentes, Sam Ziembinski, Phillip Zuzul, George .Anagnostis, John (No back pay) Augustyn, Joseph (No back pay) Beaudion, Robert (No back pay) ^ See footnote on page 167 REPUBLIC STEEL CORPORATION Billich, Carl (No back pay) Bucan (Boucher), Peter (No back pay) Cariglino, Leonard (No back pay) Carlson, Hanke (No back pay) Carlson, Swan (No back pay) Dewar, William (No back pay) Dukas, Thomas J. (No back pay) Evans, Michael ( No back pay) Foye, George (No back pay) Grabowski, Joseph (No back pay) Gray, Leonard (No back pay) Grenko, John (No back pay) Hacker, Francis (No back pay) Henderson, Martin (No back pay) Holub, Frank (No back pay) Jahnke, Elmer (No back pay) Johnson, Armour (No back pay) Johnson, Ernest (No back pay) Jones, Daniel A. (No back pay) Klein, Joseph (No back pay) Lavarone (Ivarone), Nick (No back pay) Lencioni, John Patrick (No back pay) Maliczyszyn, Wasyl (No back pay) Mazzocco, Aurelio (No back pay) Moynihan, Daniel (No back pay) Muto, Quazim (No back pay) Pappaionou, Lucas G. (No back pay) Pappas, George (No back pay) Paravich, Anthony (No back pay) Petroff, Mike (No back pay) Petrungaro, Thomas D. (No back pay) 173 Phillips, Joseph B. (No back pay) Poloncas, Charles W. (No back pay) Riffice, Carl J. (No back pay) Ruszkowski, Joseph (No back pay) Sanzone, Nick (No back pay) Schohl, John (No back pay) Sokolowski, Thomas (No back pay) Svorcin, Mike (No back pay) Thurman, Dave (No back pay) Tishey, Stephen E. (No back pay) Wengrzyn, Joseph (No back pay) Willo, John (No back pay) Young, Leonard (No back pay) Zilius, Anton (No back pay) Zimmer, John (No back pay) Anderson, Axel E.2 Anderson, Paul G.2 Bayer, Aloysius T.2 Borozan, Steve 2 Capalby, John A2 Cardaras, James 2 Conway, Bernard W.2 Cote, Edward H.2 Crowley, Michael J.2 Domingues, Guillermo 2 Esposito, Archie 2 Frederickson, Eric 2 Gelalya, Edward M.2 Godines, Jose 2 Grudis, Anton 2 Gustafson, Axel J.2 Hammer, Edward 2 Hernandez, Tony M.2 The Corporation contends on the basis of newly; discovered evidence that these persons did not participate in the strike of May 26, 1937. The establishment of such facts by the Corporation to the satisfaction of the Court with respect to any such person shall relieve the Corporation of the obligation to reinstate such person or to make him whole. 174 DECISIONS OF NATIONAL Hobbs, Elmer M.2 Holmberg, Algot J.2 Johnson, Alfred 2 Kaminskus, John P.2 Mozzocco ( Matt), John 2 Muhic,, Stanley 2 - Muth, Fred 2 Nance, Drayton 2 Nordstrom, Edward A.2 LABOR RELATIONS BOARD Palmer, Frank 2 Parenti, Paul A.2 Piwowar, Joseph P.2 Ryan, John J.2 Seymour, Joseph P.2 Werno, Charles E.2 Williams, Lawson 0.2 Zielke, Edward L.2 APPENDIX C Adams, Michael J., February 10, 1939 Anderson, Bernard Albert, Feb- ruary 16, 1939 Balsavich, Albert A., September 16, 1939 Bandura, Joseph Bekin, Joseph F., July 24, 1939 Bruno, Joseph, August 27, 1940 Cardaras, Basil A., June 7, 1938 Casteris, George E., April 16, 1940 Conlon, Edward M., June 1, 1939 Crocilla, Frank, December 13, 1939 Dimitrakopoulos, James, October 27, 1939 Di Santo, Frederick, October 14, 1939 Durkin, John J., August 26, 1940 Kerkos, Anton J., December 29, 1938 King, Carl F., October 1939 Kostaropoulos, James, December 20, 1938 Kreidler, Neil, January 12, 1939 Lotito, John W., June or July 1940 Mamich, George E., October 27, 1939 Marentic, Mathue, September 18, 1939 Matallo, John, September 26, 1940 Miller, Joe, August 4, 1939 Mostrom, Carl A., August 26, 1940 Peterson, William H., December 13, 1938 Poloncak, Michael, September 16, 1939 Reddish, Herbert S., October 2, 1939 Schoenbeck, Albert B., May 8, 1940 Shea, Wilbert B., March 20, 1939 1939 Sherwood, Kelso, September 1940 Siciliano, Alfred (Alfredo) M., September 16, 1939 Skibicki, Walter, October 15, 1939 Sobczak, Andrew, October 1939 Sukta, Frank, November 15, 1939 Sulkowski, Martin S., December 2, 1939 Swanson, Oscar T., August 11, 1939 West, Lindsay G., October 3, 1939 Yuratovac, August, October 1939 Zarkovich, Joseph J. Jr., Septem- ber 1939 2 See footnote on page 173 REPUBLIC STEEL CORPORATION 175 APPENDIX D For the purpose of making whole the persons listed in Appendices B and C, the amount, if any, to be paid to each person listed on Appendices B and C, shall be determined in acordance with the fol- lowing method : 1. The amount, if any, due to each person listed in Appendix B shall be determined as follows : The period for computation shall start on November 1, 1938 and continue for each person listed in Appendix B until the day previous to the date on which such person was reinstated to his former, or a substantially equivalent position, or was offered reinstatement to his former, or a substantially equivalent posi- tion, or in the event such person's position has been abolished, then to the date of offer of, or reinstatement to, another position, made in accordance with customary plant practice; subject, how- ever, to the additional factors set forth in paragraph 7 hereof. 2. The amount, if any, due to each person listed in Appendix C shall be determined as follows : The period of computation shall start on November 1, 1938 and continue for each person listed in Appendix C to the date set opposite his name, which date and the findings of fact held to terminate the running of back wages, shall be taken to be prima facie correct, but in no event beyond the period when such person was reinstated to his former, or a substantially equivalent job, or was offered reinstatement to his former, or a substantially equivalent job, or in the event such person's position has been abolished, then to the date of offer of, or reinstatement to, another position; made in accordance with customary plant practice; subject, however, to the additional factors set forth in paragraph 7 hereof. 3. Record sheets as illustrated by Exhibit "A" to this Appendix D, shall be prepared for the South Chicago plants showing each man on the pay rolls as of May 26, 1937, and any hired since that date, exclusive of any employee who was discharged, quit or died prior to November 1, 1938, classified according to departmental and occu- pational classification and arranged in consecutive order number according to such occupational classification and length of service in the department, the man with the longest service appearing as No. 1, next longest No. 2, etc. There shall also be excluded from the record sheets prepared as above, until he actually returns, any employee not- on the payroll on November 1, 1938, by reason of prolonged voluntary leave of absence. 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. Exhibit "A" shall have columns captioned as follows : Employee's Social Security number. Employee's consecutive number according to length of service in the department. - Case Number, which number is the employer's file number assigned to the employee. Employee's name. Employee's badge number. Date application was received (which shall be deemed to be November 1, 1938). Date employee returned to job held at the time of the strike or a substantially equivalent job. Several columns showing the earnings by months of all em- ployees in the group who had earnings and indicating those who did not have earnings during the period of calculation as set forth in paragraphs 1 and 2 hereof. Each column of earnings shall have the items of earnings consecutively numbered in the vertical columns. 5. In order to determine the amount, if any, due each person listed on Appendices B and C, his consecutive service record number in- dicated in column of Exhibit "A" captioned "Employee's consecutive number according to length of service in the department" shall be followed through the period set forth in paragraphs 1 or 2 as the case may be, and the summation by months of the earnings, if any, bearing the same number during such period shall constitute the gross amount due such person, provided that where the period of computation at the end of the period involves the splitting of monthly earnings, such splitting shall be done on such percentage basis as the number of days involved bears to the number of days in the month. In the event the application of the above formula works undue hardship in particular cases the parties shall give special con- sideration to such cases and where it is" agreed upon some special adjustment may be made in such cases, or some of them. 6. Any earnings received by such person from the respondent or elsewhere during the period involved shall be deducted to arrive at the net amount due such person. Such person's earnings during the period in question shall be obtained from the records of the Social Security Board, the W. P. A., and the respondent and Board questionnaires. 7. It is understood that in determining the period during which back pay shall be computed and in arriving at the net amount, if any, due each person listed in Appendices B and C, cases falling within the following classifications shall be given special considera- REPUBLIC STEEL CORPORATION 177 tion and the period for which back pay shall be computed shall be eliminated or shortened accordingly and the amount of net earnings due in any such case shall be eliminated or reduced accordingly. (a) Physical rejects. (b) Failure to report to employment office when requested, provided that the respondent was prepared to offer the former or a substantially equivalent position. (c) Sick and unable to work (d) Unable to locate. (e) Deceased. (f) Not available for work at the time needed. (g) Reinstated but subsequently quit, properly discharged or laid off or otherwise terminated. 8. Differences arising from the application to any particular case of the principles set forth herein will be subject to negotiation be- tween the respondent and the union and, if necessary, to disposition by normal judicial procedure. 9. Each person listed on Appendices B and C shall be entitled, in addition to any amount due him in accordance with the foregoing provisions hereof, to any vacation pay due him upon the basis set forth in the Supplemental Decree entered on September 30, 1940, by the United States Circuit Court of Appeals for the Third Circuit, in Case No. 6907 entitled "Republic Steel Corporation v. National Labor Relations Board, et al "