Republic Steel Corp.

National Labor Relations Board - Board DecisionsAug 6, 1941

33 N.L.R.B. 1125 (N.L.R.B. 1941)

In the Matter of REPUBLIC STEEL CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL UNION 1565 (FORMERLY AMALGAM- ATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA, LODGE 1565, THROUGH STEEL WORKERS ORGANIZING COM- MITTEE) AFFILIATED WITH THE C. I. O. Case No. C-1928.-Decided August 6, 1941 Jurisdiction : steel producing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Malcolm F. Halliday, for the Board. Mr. T. F. Patton, of Cleveland, Ohio, for the respondent. Mr. Lee Pressm anz, of Washington, D. C., for the Union. Mr. Norman M. Neel, of counsel to the Board. DECISION AND ORDER STATEMENT OF TIIE CASE Upon charges and amended charges duly filed by Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1565, through Steel Workers Organizing Committee (now Steel Workers Organizing Committee, Local Union 1565) affiliated with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Seventh'Region (Detroit, Michigan), issued its complaint dated August 16, 1940, against Republic Steel Cor- poration, Cleveland, Ohio, herein called the respondent, alleging that the 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 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 the Steel Workers Association of Monroe, Michigan, herein called the S. W. A. Concerning the unfair labor practices the complaint alleged in sub- stance that while engaged in the operation and control of its Monroe 33 N. L. R. B., No. 193. 1125 1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Works, Monroe, Michigan, (1) the respondent discharged and refused to reinstate certain named employees because they joined and assisted a labor organization known as Custer Lodge No. 6, Amalgamated Association of Iron, Steel and Tin Workers, affiliated with the American Federation of Labor, and engaged with other employees in concerted activities for the purposes of collective bargaining and other mutual aid and protection; (2) the respondent, by specifically enu- merated acts and conduct, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act; (3) the respondent instigated and caused to be formed the S. W. A. and dominated and interfered with the formation and ad- ministration of that organization and contributed financial and other' support thereto; (4) the respondent, by the above and other acts, and by reason of the unfair labor practices committed by the respondent at other of its plants, caused the employees at its various plants, and at the Monroe Works, to go out on strike, and thereafter used force, violence, threats, and coercion against its employees; (5) the respond- ent caused such strike by its unfair labor practices and thereafter upon an application by its employees for reinstatement refused, and con- tinued to refuse, to reinstate the strikers, or any of them, to their former or substantially equivalent positions, for the reason that they had joined and assisted a union, and/or had gone out on strike, and/or had engaged in activities in behalf of the Union during the strike, and/or had failed or refused to abandon the picket line and return to work upon the demand of the respondent, and/or had engaged in other concerted activities for the purposes of collective bargaining and other mutual aid and protection; and (6) the respondent by the above named and other acts engaged in, and was engaging in, unfair labor practices within the meaning of Section 8 (1), (2), and (3) of the Act. On September 14, 1940, the respondent filed an answer denying the allegations of unfair labor practices in the complaint and alleging certain affirmative defenses. Pursuant to notice duly served upon all parties a hearing was begun on October 24, 1940, at Monroe, Michigan, before William P. Webb, the Trial Examiner duly designated by the Board. On that date the hearing was postponed indefinitely in anticipation of settlement of the case by stipulation. On July 15, 1941, the respondent, the Union, and the Board entered into a stipulation. The stipulation provides as follows : STIPULATION Upon charges filed June 14, 1937, and amended charges filed November 25, 1938, February 20, 1939, and August 14, 1940, by- the Amalgamated Association of Iron, Steel & Tin Workers of REPUBLIC STEEL CORPORATION 1127 North America , Lodge 1565 , through Steel Workers Organizing Committee ( now Steel Workers Organizing Committee, Local Union 1565 ) affiliated with the C . I. O. herein called the Union, the National Labor Relations Board, herein called the Board, by Frank H . Bowen, Regional Director for the Seventh Region, (Detroit, Michigan ) issued its complaint dated August 16, 1940, against Republic Steel Corporation , herein called the respondent, alleging that the corporation had engaged in unfair labor prac- tices affecting commerce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, herein called the Act. Copies of the complaint and accompanying notices of hearing were duly served upon the union, the Steel Workers Association of Monroe, Michigan and the respondent. The respondent duly filed its answer denying each and all of the charges set forth in said complaint and thereafter on October 24, 1940, a hearing was begun before William P. Webb a duly desig- nated Trial Examiner of the Board, and on said date the hearing was postponed indefinitely . 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, havilig its prin- cipal 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, Penn- sylvania ; Gary, Indiana; Monroe , Michigan ; Birmingham and Gadsden, Alabama ; and Hamilton, Ontario , Canada. Respond- ent obtains more than one-half of its requirements of iron ore and coal from its own mines and the balance from mines of com- panies in which it has an interest , and by purchase from others. The respondent and its subsidiaries own or hold under lease iron ore properties in Michigan , New York and Alabama; and coal properties in Pennsylvania, Kentucky and West Virginia. On or about September 25, 1935 respondent acquired the properties and assets of the Corrigan-McKinney Steel Company, now dis- solved, including control of The Newton Steel Company, herein called Newton , which owned a steel plant at Monroe , Michigan. Newton was from June 16, 1919 , to November 15, 1935, a cor- poration duly organized and existing by virtue of the laws of 1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the State of Ohio and was admitted to do business in the State of Michigan wherein it operated a steel plant at Monroe, Michi- gan. Through the acquisition of the assets of the Corrigan- McKinney Steel Company, the respondent acquired over seventy-five per cent (75%) of the outstanding shares of each class of Newton. On or about August 1937, respondent acquired at foreclosure sale and on or about April 23, 1938, assumed formal, ownership of the properties of Newton including the steel plant at Monroe, Michigan, hereinabove mentioned. During the year 1937, the value of raw materials transported to said Monroe Plant amounted to approximately $7,446,000.00. Of this amount, approximately $7,074,000.00, or ninety-five per cent rep- resents shipments from points outside the State of Michigan. During the same period the value of finished products shipped from said Monroe Plant amounted to approximately $10,938,- 000.00. Of this amount, approximately $4,375,000.00, or forty per cent represents shipments from said Monroe Plant to points outside the State of Michigan. During the years 1938 and 1939, substantial tonnages of raw materials and finished products were received at, and shipped from said plant in approximately the same proportions as during the year 1937. The respondent agrees, for the purpose of this proceeding only, that in operating the Monroe Plant Newton and respondent were, and respondent is, engaged in interstate commerce within the meaning of Sec- tion 2 (6) of the Act, and that their activities affect commerce within the meaning of Section 2 (7) of the Act. (2) Steel Workers-Organizing Committee, Local Union 1565, (formerly Amalgamated Association of Iron, Steel & Tin Work- ers of North America, Lodge 1565) Steel Workers Organizing Committee, all affiliated with the C. I. O. and the Steel Workers Association of Monroe, Michigan, are labor organizations and the Employee Representation Plan was a labor organization 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 through 3 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, upon the basis of the entire record in this case and this stipulation may enter an Order in the form of order annexed hereto marked "Exhibit I". (5) The parties hereto consent to the entry by, the United States Circuit Court of Appeals for the Third Circuit, upon ap- plication by the Board, of a decree enforcing the order to be entered by the Board pursuant to this stipulation. Respondent REPUBLIC STEEL CORPORATION 1129 and the union shall be given notice of the filing of an application 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 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 com- plaint, 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 admission by the respondent that it committed the unfair labor practices, or any of them, alleged in the complaint, or in any amendment thereto. (9) This stipulation shall not be used as evidence in any pro- ceeding other than this proceeding and the proceeding in the United States Circuit Court of Appeals for the Third Circuit for the enforcement of the annexed Order, for the purpose of establishing any fact referred to, recited or alleged in this stipu- lation or in the complaint, or in any amendment thereto. 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, 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 Monroe Plant, 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 or- ganization 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 respondent as a grievance, not to constitute the basis of charges under the Act, any dispute or matter not settled and composed by this 1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stipulation , regardless of the time or circumstances of the origin thereof. (12) The entire agreement is contained within the terms of this stipulation and there is no verbal agreement of any kind which varies , alters or adds to this stipulation. (13) This stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. EXHIBIT I ORDER Upon the basis of a stipulation dated July 15, 1941 and the entire record in these proceedings , the National Labor Relations Board hereby orders that respondent , Republic Steel Corpora- tion, 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 and Steel Workers Association of Monroe , Michigan, or with the formation or administration of any other labor or- ganization of its employees , and from contributing financial or other support to the Employee Representation Plan and Steel Workers Association of Monroe , Michigan , or to any other labor organization of its employees; (b) Discouraging membership in Steel Workers Organizing Committee , Local Union 1565, ( formerly Amalgamated As- sociation of Iron, Steel & Tin Workers of North America, Lodge 1565 ), and Steel Workers Organizing Committee or any other labor organization of its employees by discariminat- ing in regard to the hire and 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-or- ganization , to form, join , or assist labor organizations , to bar- gain collectively through representatives of their own choosing or to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection as guar- anteed 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 and Steel Workers Association of Monroe, Michigan , as representatives of any of its employees REPUBLIC STEEL CORPORATION 1131 for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of em- ployment and other conditions of employment and completely disestablish said Employee Representation Plan and Steel Workers Association of Monroe, Michigan, as such representa- tives; (b) Place upon a preferential list for employment those persons indicated in Appendix A hereof and offer employment to each of such persons at the 'plants and in the manner specified therein; (c) Make whole, pursuant to the methods set forth in Ap- pendix C the persons listed in Appendix B ; (d) Post immediately in conspicuous places throughout its plant at Monroe, Michigan, 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 Organ- izing Committee, Local Union 1565, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1565) and Steel Workers Organizing Committee, and that the respondent will not discriminate against any employee 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 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 Paul Bergquist, Paul Gray, Andrew Marzine, A. C. Rebman, Chris Stayaiioff and Richard Rink. APPENDIX A Respondent will place on a preferential list for employment at the Canton, Massillon and Warren plants of respondent, such of the persons listed in Appendix B whose desire to , be placed upon a preferential list shall be communicated in writing to respond- ent by the union on or before August 15, 1941, and will offer employment to each such person as and when work becomes available in any of such plants, providing such person is physi- cally able to undertake such employment and passes the required 1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 the offer. Such persons will be employed as needed on the basis of their service records with The Newton Steel Company, all other things being equal, as of May 26, 1937 ; each such person shall be employed as a new employee and iipon employment shall be subject to all the responsibilities and obligations and entitled to all the rights and privileges accorded any other new employee, except that for the sole purpose of determining service credits for future vacations any such person who is reemployed shall, if he otherwise complies with the vacation plan in effect for the then current year, be entitled to the service record which he held at the Monroe plant . Any person offered a job at any of the plants hereinbefore specified may decline such offer in which event he shall be placed upon a preferential list for re -employ- ment at the Monroe plant on the same conditions and shall re- main upon such preferential list for one year or until offered re-employment at the Monroe plant whichever period shall be shorter. If any person whose name is so communicated shall be en- titled to reinstatement to his former or a substantially equivalent position at Monroe on the basis of his seniority rank, such person shall be so reinstated . Those persons listed on Appendix B who have been , or shall be reinstated to their former or substantially equivalent positions at Monroe shall have restored to them their full seniority rights and other rights and privileges. APPENDIx B John Alder Walter Benson William Bologna Walter Brown Walter Buhl Lyman Campbell Eric Carlson Mike Cherney Frank Christy Harry Clark John Copenich Earl Crawford B. Crews. H. H. Dailey J. D. Elliott Steve Evanovich Pete Evon Delbert R. (Pete) Fetty Wallace Fetty Robert Fick Paul Florian John Gazzi Wayne Gibson Clark Grimm Jacob Grummel Oliver Helsel H. A. (Bud ) Hoffman Steve Hostinsky Andrew Hrabsack Joseph Hudak REPUBLIC Michael Hudaski Otis Irby Lee Jenkins Tom Johnson Joe Jurich Russell Kenney Ross Kimmel Joseph Kmel Emil Kline John Korlovich Joseph Kopunich Joe Kundrat Emmett Lawson Frank Lilovich Ralph Loveland Paul Mallan Charles Marshall Harry Massalasky Dominic Mather Paul Bergquist Paul Gray Richard Rink James Mather Otto Meek Al Menzel Tom McCarthy Henry McCaslin Harley L. Meyers Steve Musulin Steve Novotny Andy Ornowsky John Owens L. V. Parsons Michael Pope John Pope William Prysock Peter Rodovich STEEL CORPORATION 1133 Alex R. Roscoe C. L. Rose William Rosonsky O. A. Rowlett ' Claude Salsglver Pete Savanovic Bernard Scarsella Louis Scarsella C. R. Schumaker William Siebenschuh C. L. Sindledecker Andy Slaymon Andrew Slifka, Jr. Frank Slifka S. J. Sloan Charles Smith Watson Smith Kenneth Stuart Jack Snapp A. Soldo H. R. Spence Joseph Speno Joe Steffy Clarence Stewart Paul Stowers W. E. Taylor William Thomas John Uhrin Steve Uhrin, Jr. Joseph Van De Vanter Joseph Vukovich John Walters Clay Wright Andrew Marzine A. C. Rebman Chris Stayanoff John Fiasky APPENDIX C For the purpose of making whole the persons listed in Ap- pendix B (except Paul Bergquist, Paul Gray, Andrew Marzine, A. C. Rebman, Chris Stayanoff and Richard Rink who shall receive no amount) the amount, if any, to be paid to each such person shall be determined in accordance with the following :method 1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. The period for computation shall start on November L 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 abolished, then to the date of offer of, or reinstatement to, another position, made in accordance with customary plant practice, but in no, event beyond August 15, 1941, subject, however, to the additional factors set forth in paragraph, 7 hereof. 2. Record sheets as illustrated by Exhibit "A" to this Appendix- C, shall be prepared for the Monroe Plant 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 occupational 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. 3. Exhibit "A" shall have columns captioned as follows: Employee's Social Security number. Employee's consecutive number according to length of serv- ice 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 employees in the group who had earnings and indicating those who did not have earnings during the period of calcu- lation as set forth in paragraph 2 hereof. Each column of earnings shall have the items of earnings consecutively numbered in the i ertical columns. 4. In order to determine the amount, if any, due each person listed in Appendix B, his consecutive service record number indicated in column of Exhibit "A" captioned "Employee's con- REPUBLIC STEEL CORPORATION 1135 secutive number according to length of service in the department" shall be followed through the period set forth in paragraph 2, 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 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 hardship 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. 5. Any earnings received by such person from the respondent or elsewhere during the period involved shall be deducted to ar- rive 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. 6. 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* Appendix B, cases falling within the following classifications shall be given special consideration and the period for which back pay shall be com- puted 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. 7. Differences arising from the application to any particular case of the principles set forth herein will be subject to negotia- tions between the respondent and the union, and if necessary, to disposition by normal judicial procedure. 8. Each person listed on Appendix B (except Paul Bergquist, Paul Gray, Andrew Marzine, A. C. Rebman, Chris Stayanoff and Richard Rink who shall receive no amount) in addition to 1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD any amount due him in accordance with the foregoing pro- visions hereof, shall be entitled 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 "Repub- lic Steel Corporation v. National Labor Relations Board, et al." On July 16, 1941, the Board issued an order approving the above stipulation, making it a part of the record in the case, and trans- ferring the proceedings to the Board for the purposes of entry of a decision and order pursuant to the provisions of the stipulation. Upon the above stipulation and the entire record in the case the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Republic Steel Corporation is a New Jersey corporation , having 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 at Youngstown , Warren, Cleveland , Canton,. Massillon , Niles, and Elyria, Ohio; Brooklyn and Buffalo, New York; Chicago and Moline , Illinois; Pittsburgh and Beaver Falls,. Pennsylvania ; Gary, Indiana; Monroe, Michigan ; Birmingham and Gadsden, Alabama; and Hamilton , Ontario, Canada . The respondent and its subsidiaries own or hold under lease iron ore properties in Michigan , New York, and Alabama, and coal properties in Pennsylvania , Kentucky , and West Virginia. On or about September 25, 1935, the respondent acquired the properties and assets of the Corrigan -McKinney Steel Company, now dissolved , including control of the Newton Steel Company, herein called Newton, which owned the steel plant at Monroe , Michigan. On or about August 1937 the respondent acquired at foreclosure sale, and on or about April 23, 1938, assumed formal ownership of the properties at Newton , including the steel plant at Monroe, Michi- gan. During the year 1937 the value of the raw materials trans- ported to the Monroe plant amounted to approximately $7,446,000. Of this amount approximately $7,074,000, or 95 per cent , represents shipments from points outside the State of Michigan. During the- same period the value of finished products shipped from the Monroe plant amounted to approximately $10,938,000, of which approxi- mately 40 per cent represents shipments from the Monroe plant to places outside the State of Michigan. During the years 1938 and_ REPUBLIC STEEL .CORPORATION 1137 1939 raw materials and finished products were received at, and shipped from, the Monroe plant in approximately the same pro- portions as during the year 1937. For the purposes of this proceeding, the respondent concedes that in the operations at the Monroe plant it is 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 dated July 15, 1941 , 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 formation or administration of the Employee Representation Plan and Steel Workers Association of Monroe , Michigan , or with the formation or administration of any other labor organization of its employees, and from contributing financial or other support to the Employee Repre- sentation Plan and Steel Workers Association of Monroe , Michigan, or to any other labor organization of its employees; (b) Discouraging membership in Steel Workers Organizing Coin- mittee, Local Union 1565 ( formerly Amalgamated Association of Iron, Steel & Tin Workers of North America , Lodge 1565 ), and Steel Workers Organizing Committee or any other labor organization of its employees by discriminating in regard to the hire and tenure of employ- ment 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 activi- ties 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 and Steel Workers Association of Monroe , Michi- gan, 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 and Steel Workers Association of Monroe , Michigan, as such representatives; 1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Place upon a preferential list for employment those persons indicated in Appendix A hereof and offer employment to each of such persons at the plants and in the manner specified therein; (c) Make whole, pursuant to the methods set forth in Appendix C the persons listed in Appendix B ; (d) Post immediately in conspicuous places throughout its plant at Monroe, Michigan , 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 Union 1565, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1565) and Steel Workers Organizing Committe, and that the respondent will not discriminate against any employee because of membership or activity in these organizations; (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 in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act by discharg- ing Paul Bergquist, Paul Gray, Andrew Marzine, A. C. Rebman, Chris Stayanoff and Richard Rink.