United States v. United Steelworkers of America, Civ. A. No. 18242.

• Decision Date: 21 October 1959
• Docket Number: Civ. A. No. 18242.
• Citation: 178 F. Supp. 297
• Parties: UNITED STATES of America, Plaintiff v. UNITED STEELWORKERS OF AMERICA et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

178 F. Supp. 297

UNITED STATES of America, Plaintiff v. UNITED STEELWORKERS OF AMERICA et al., Defendants.

Civ. A. No. 18242.

United States District Court W. D. Pennsylvania.

October 21, 1959.

George Cochran Doub, Asst. Atty. Gen., Hubert I. Teitelbaum, U. S. Atty., Pittsburgh, Pa., Donald B. MacGuineas, and Harland F. Leathers, Attys., Dept. of Justice, Washington, D. C., for plaintiff.

Goldberg, Feller & Bredhoff, Washington, D. C., J. Alfred Wilner, Wilner, Wilner & Kuhn, Pittsburgh, Pa., Ernest G. Nassar, Pittsburgh, Pa., for defendant.

SORG, District Judge.

INJUNCTION

This cause having come on for hearing on the 20th day of October, 1959, upon a petition of the United States of America for an injunction pursuant to Section 208 of the Labor Management Relations Act of 1947 (29 U.S.C.A. § 178), and the parties having stipulated by their respective counsel that (1) the defendants, and each of them, waive service of process and submit themselves to the jurisdiction of the Court (2) the case be submitted to the Court for final hearing immediately upon the filing of the petition and (3) at such hearing all parties submit their evidence by way of affidavits and exhibits, without oral testimony, and, the Court having considered the evidence submitted herein by way of affidavits, the pleadings, memoranda of law and argument of counsel:

Now, Therefore, it is this 21st day of October, 1959, by the United States District Court for the Western District of Pennsylvania, ordered:

1. That the defendants, and each of them, and their officers and agents, and all persons in active concert or participation with them, be and they are hereby enjoined and restrained (a) from in any manner continuing, encouraging, ordering, aiding, engaging or taking part in a strike or lockout in any of the operations of the employer defendants and their subsidiaries with respect to which the members of the defendant United Steelworkers of America are now on strike pertaining to the production of iron and ingot molds and the manufacture, rolling, drawing, forging, fabricating, storage and distribution of steel and steel products, including the mining and transport of iron ore and other component materials necessary for the production of iron and steel, and (b) from in any manner interfering with or affecting the orderly continuance of work therein.

2. That the members of the defendant United Steelworkers of America, acting in concert, be and they hereby are restrained and enjoined from in any manner continuing, encouraging, ordering, aiding, engaging in or taking part in any strike or lockout at the facilities or operations of the employer defendants and their subsidiaries described in the preceding paragraph hereof, or from in any manner interfering with, or affecting, the orderly continuance of work at such places, and from taking any action which would interfere with this Court's jurisdiction in the premises; provided, however, that nothing in this paragraph shall be construed to require an individual employee to render labor or service without his consent or to make the quitting of his labor or service by an individual employee an illegal act, nor shall the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees be deemed a strike under this paragraph.

3. That the defendant, the United Steelworkers of America, its president and other appropriate officers, agents and employees, be and they are hereby directed: (a) to instruct, immediately, all its members (i) who are employees of the employer defendants and (ii) who are engaged in any of the operations described above to resume their normal employment forthwith; (b) to give notice forthwith to all its members of the terms of this Order by posting a copy of such Order at the headquarters of the United Steelworkers of America at 1300 Commonwealth Building, Pittsburgh, Pennsylvania, and such posting will be deemed to constitute notice of this Order to all members of the United Steelworkers of America; and (c) to take all other appropriate action which may be necessary to insure that such directions are carried out.

4. That, during the period of this injunction unless and until new agreements are executed between the employer defendants and the United Steelworkers of America, the employees of the employer defendants represented by the United Steelworkers of America shall be employed under the terms and conditions of all agreements in effect on June 30, 1959 between the employer defendants and the United Steelworkers of America.

5. That, during the period of this injunction, the several defendants are directed to engage in free collective bargaining in good faith for the purpose of resolving their labor disputes and to make every effort to adjust and settle their differences.

6. This Order shall remain in full force and effect until the further order of this Court.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This cause having come on for hearing on the application of plaintiff, the United States of America, for an injunction, as prayed for in its verified petition, and the Court having considered all evidence submitted herein, the pleadings, memoranda of law, and argument of counsel, makes the following Findings of Fact and Conclusions of Law with respect to said application:

FINDINGS OF FACT

1. On October 9, 1959, the President of the United States, acting under the national emergency provisions of the Labor Management Relations Act, 1947 (61

Stat. 155, 29 U.S.C.A. § 176) issued Executive Order 10843 (24 F.R. 8249), U.S. Code Congressional and Administrative News, 1959, p. ___, whereby he appointed a Board of Inquiry to inquire into the issues involved in labor disputes between employers in the steel industry which produce at least 85% of the steel production of the United States, and certain of their employees represented by the United Steelworkers of America (hereinafter sometimes referred to as the "Union"). In the Executive Order the President expressed the opinion that such disputes had resulted in a strike affecting a substantial part of the steel industry, an industry engaged in trade, commerce and transportation among the several states and with foreign nations and in the production of goods for commerce, and that the strike, if permitted to continue, would imperil the national health and safety. On October 14, 1959 the President issued Executive Order 10848 (24 F.R. 8401), U.S.Code Congressional and Administrative News, 1959, p. ___, extending to October 19, 1959 the date upon which the Board of Inquiry was to report to him.

2. The Board of Inquiry so convened by the President inquired into the issues involved in the disputes and rendered its written report to the President on October 19, 1959.

3. On October 19, 1959, after receipt of the report, the President directed the Attorney General, pursuant to the provisions of Section 208 of the Act (29 U.S. C.A. § 178), to petition in the name of the United States any district court of the United States having jurisdiction of the parties to enjoin the continuance of such strike and for such other relief as might be necessary or appropriate. In his communication to the Attorney General, the President stated that in his opinion the unresolved labor dispute had resulted in a strike affecting a substantial part of an industry engaged in trade, commerce and transportation among the several States and with foreign nations and in the production of goods for commerce, which strike, if permitted to continue, would imperil the national health and and safety.

4. On October 20, 1959, the Attorney General filed a petition on behalf of the United States of America in this Court for an injunction against the...