The Youngstown Sheet and Tube Co.

National Labor Relations Board - Board Decisions

Apr 25, 1941

31 N.L.R.B. 338 (N.L.R.B. 1941)

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