Republic Steel Corp.

National Labor Relations Board - Board Decisions

Jan 25, 1941

29 N.L.R.B. 207 (N.L.R.B. 1941)

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