Republic Steel Corp.

National Labor Relations Board - Board Decisions

Aug 12, 1941

34 N.L.R.B. 145 (N.L.R.B. 1941)

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