Marec v. United States Steel Corporation

• Decision Date: 16 June 1961
• Docket Number: No. 27706.,27706.
• Citation: 195 F. Supp. 137
• Parties: Adam MAREC a.k.a. Adam Merec et al., Plaintiffs, v. UNITED STATES STEEL CORPORATION, Substituted Defendant.
• Court: U.S. District Court — Northern District of Ohio

195 F. Supp. 137

Adam MAREC a.k.a. Adam Merec et al., Plaintiffs, v. UNITED STATES STEEL CORPORATION, Substituted Defendant.

No. 27706.

United States District Court N. D. Ohio, E. D.

June 16, 1961.

Levin & Levin, Lorain, Ohio, for plaintiffs.

James C. Davis and Laurence E. Oliphant, Jr., of Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant.

KALBFLEISCH, District Judge.

The amended Caption of Second Amended Complaint, filed February 28, 1961, correctly identifies the parties as of the time of trial. The complaint was originally filed on September 21, 1950, and the second amended complaint contains twenty-eight causes of action for twenty-eight separate individuals, formerly employees of the National Tube Company. With the passing of time some of the plaintiffs have died, others have become incapacitated, and the original defendant was merged with the United States Steel Corporation. The plaintiffs brought this action to recover damages from the defendant, alleging each was wrongfully discharged in violation of a collective bargaining agreement of March 13, 1945, between the National Tube Company and the United Steelworkers of America—CIO, of which union all of the plaintiffs were members.

First Cause of Action

Plaintiff, Adam Marec, a. k. a. Adam Merec, allegedly was first employed by the Company in 1916, and thereafter admittedly was continuously employed from November 1, 1917, to December 31, 1946.

Second Cause of Action

Plaintiff Louis Almasi allegedly was first employed by the Company in 1932, and admittedly was continuously employed from August 25, 1930, to February 6, 1947.

Third Cause of Action

Plaintiff Abram B. Cashner allegedly was first employed by the Company in 1899, and thereafter admittedly was continuously employed from April 21, 1924, to May 31, 1946.

Fourth Cause of Action

Plaintiff Peter Karesic, a. k. a. Peter Karacic, allegedly was first employed by the Company in 1909, and thereafter admittedly was continuously employed from October 29, 1912, to August 19, 1945—except that plaintiff was retired June 30, 1944, and rehired July 2, 1944.

Fifth Cause of Action

Plaintiff Charles S. Kiser allegedly was first employed by the Company in 1917, and thereafter admittedly was continuously employed from September 15, 1920, to August 22, 1945—except that plaintiff was retired February 28, 1945, and rehired March 1, 1945.

Sixth Cause of Action

Plaintiff George J. Kiser admittedly was continuously employed from January 1, 1903, to October 31, 1946.

Seventh Cause of Action

Plaintiff Frank Kryc allegedly was first employed by the Company in 1907, and thereafter admittedly was continuously employed from February 2, 1922, to June 3, 1946.

Eighth Cause of Action

Plaintiff Joseph Long admittedly was continuously employed by the Company from December 20, 1927, to August 18, 1945—except that plaintiff was retired January 31, 1944, and rehired February 1, 1944.

Ninth Cause of Action

Plaintiff George Mark allegedly was first employed by the Company in 1903, and thereafter admittedly was continuously employed from November 21, 1923, to April 30, 1946.

Tenth Cause of Action

Plaintiff Ai Mayberry admittedly was continuously employed by the Company from June 3, 1924, to August 22, 1945— except that plaintiff was retired March 31, 1943, and rehired April 8, 1943.

Eleventh Cause of Action

Plaintiff Corwin McIntyre admittedly was continuously employed by the Company from December 17, 1917, to March 31, 1947.

Twelfth Cause of Action

Plaintiff Stjepan Milicic allegedly was first employed by the Company on May 31, 1906, and thereafter admittedly was continuously employed from October 30, 1911, to August 21, 1945—except that plaintiff was retired December 31, 1944, and rehired January 1, 1945.

Thirteenth Cause of Action

Plaintiff John Nemeth allegedly was first employed by the Company in 1906, and thereafter admittedly was continuously employed from January 12, 1926, to August 31, 1946.

Fourteenth Cause of Action

Plaintiff Ernst Nickel admittedly was continuously employed by the Company from March 12, 1925, to August 20, 1945—except that plaintiff was retired April 30, 1945, and rehired May 1, 1945.

Fifteenth Cause of Action

Plaintiff Frank Nowicki allegedly was first employed by the Company in 1900, and thereafter admittedly was continuously employed from May 24, 1920, to August 18, 1945—except that plaintiff was retired October 30, 1943, and rehired November 8, 1943.

Sixteenth Cause of Action

Plaintiff Frank Roig admittedly was continuously employed by the Company from May 22, 1918, to August 18, 1945— except that plaintiff was retired February 28, 1943, and rehired March 8, 1943.

Seventeenth Cause of Action

Plaintiff John Rosso admittedly was continuously employed by the Company from September 4, 1909, to August 18, 1945—except that plaintiff was retired July 31, 1944, and rehired August 1, 1944.

Eighteenth Cause of Action

Plaintiff Dominic Sylvester, a. k. a. Domenico Silvestro, admittedly was continuously employed by the Company from June 28, 1920, to February 28, 1947.

Nineteenth Cause of Action

Plaintiff Louis Takacs admittedly was continuously employed by the Company from March 26, 1924, to February 28, 1947.

Twentieth Cause of Action

Plaintiff Carl G. Thumm admittedly was continuously employed by the Company from January 31, 1924, to July 31, 1946.

Twenty-First Cause of Action

Plaintiff George Vignovich admittedly was continuously employed by the Company from June 1, 1909, to August 18, 1945—except that plaintiff was retired July 31, 1944, and rehired August 1, 1944.

Twenty-Second Cause of Action

Plaintiff William H. Ward admittedly was continuously employed by the Company from September 25, 1917, to August 21, 1945—except that plaintiff was retired May 31, 1945, and rehired June 1, 1945.

Twenty-Third Cause of Action

Plaintiff Charles Davis admittedly was continuously employed by the Company from August 1, 1918, to August 17, 1945—except that plaintiff was retired June 30, 1944, and rehired July 3, 1944.

Twenty-Fourth Cause of Action

Plaintiff George McCaffery admittedly was continuously employed by the Company from June 24, 1924, to August 18, 1945—except that plaintiff was retired June 30, 1945, and rehired July 2, 1945.

Twenty-Fifth Cause of Action

Plaintiff Earn A. Smith allegedly was first employed by the Company in 1906, and thereafter admittedly was continuously employed from September 2, 1908, to August 18, 1945—except that plaintiff was retired March 31, 1945, and rehired April 2, 1945.

Twenty-Sixth Cause of Action

Plaintiff Oliver Testin admittedly was continuously employed by the Company from March 28, 1924, to August 24, 1945—except that plaintiff was retired October 31, 1944, and rehired November 1, 1944.

Twenty-Seventh Cause of Action

Plaintiff Paul Thamushewski, a. k. a. Paul Tomaszewski, allegedy was first employed by the Company on July 15, 1919, and thereafter admittedly was continuously employed from March 25, 1926, to August 14, 1945—except that plaintiff was retired June 30, 1945, and rehired July 2, 1945.

Twenty-Eighth Cause of Action

Plaintiff Peter Trnyan allegedly was first employed by the Company in 1913, and thereafter admittedly was continuously employed from July 14, 1915, to October 7, 1946.

The foregoing statements of the twenty-eight causes of action contain merely the identification of the plaintiff in each cause of action and the duration of his employment. This method of setting forth each cause of action is sufficient for all purposes, for the reason that the allegations in all of the causes of action are identical except as to the dates of employment.

The plaintiffs charge in their second amended complaint, and the defendant admits, that:

"1. Plaintiff is a citizen and resident of the State of Ohio. Defendant is a corporation organized and existing under the laws of the State of New Jersey. Defendant maintains an office and steel plant in the City of Lorain, County of Lorain and State of Ohio in the Eastern Division of the Northern District of said state, wherein the defendant employs in its Production Department about 11,500 men. The matter in controversy exceeds, exclusive of interest and costs, the sum of $3,000.00.

"2. United Steelworkers of America, also known as United Steelworkers of America, C.I.O., is a labor union and is and has been, since July 30, 1942, by virtue of certification by the National Labor Relations Board, the duly certified collective bargaining agent for all employees of the defendant at its said plant in the City of Lorain, Ohio, except salaried employees, foremen, assistant foremen, supervisors in charge of any classes of labor, watchmen, guards and confidential clerical employees. Since July 30, 1942, until the present time the United Steelworkers of America has continuously acted as such bargaining agent.

"3. Plaintiff throughout the period of his employment by the defendant, after July 30, 1942, was one of the employees of the defendant at its plant in Lorain, Ohio, for whom the United Steelworkers of America was certified and acting as such bargaining agent.

"4. On March 13, 1945, United Steelworkers of America and the defendant entered into a collective bargaining contract covering certain of the terms and conditions of plaintiff's employment by the defendant, which contract was in full force and effect from March 13, 1945 until April 22, 1947. Plaintiff was one of the employees represented by United Steelworkers of America in the negotiation and execution of said contract dated March 13, 1945, and the terms and conditions of employment prescribed in the said contract governed and controlled plaintiff's employment by the defendant * *."

"5. The collective bargaining contract so entered into on March 13, 1945 between United Steelworkers of America and the defendant, did provide in part as follows:

"`Section 1. Purpose and Scope

"`B. Bargaining Unit

"`The term "employee",

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