Wheeling-Pittsburgh Steel Corp., 661 (1972)

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Wheeling-Pittsburgh Steel Corp., 661 (1972)

WHEELING-PITTSBURGH STEEL CORP.

Wheeling-Pittsburgh Steel Corporation and John E.

Mendez. Case 9-CA-6158

February 29, 1972 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS FANNING

AND JENKINS

On November 12, 1971, Trial Examiner Eugene F.

Frey issued the attached Decision in this proceeding.

Thereafter, the General Counsel filed limited exceptions and a supporting' brief, and the Respondent filed limited cross-exceptions and' a supporting brief and a brief in answer to the General Counsel's exceptions.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the record and the Trial Examiner's Decision in light of the exceptions and briefs and has decided to affir' the Trial Examiner's rulings, findings, and conclusions and to adopt his recommended Order.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Trial Examiner and hereby orders that WheelingPittsburgh Steel Corporation, Omar, West Virginia, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's recommended Order.

TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE

EUGENE F. FREY, Trial Examiner: This case was tried before me on August 12 and 13, 1971, at Logan, West Virginia, with all parties 'represented by counsel, after pretrial procedures conducted in compliance with the National Labor Relations Act, as amended, 29 U.S.C. Sec. 151, et seq. (herein called the Act).

The issues in the case are whether Respondent, WheelingPittsburgh Steel Corporation, coerced its employees, members of Locals 5921 and 5922 of District 17, United Mine Workers of America (herein called collectively the Union and severally Local 5921, Local 5922, District 17, and UMWA) by threats to cause, and actually causing, Carolina Coal Company (herein called Carolina), which was mining coal on leased property of Respondent, to refuse to recognize seniority listings under an agreement between Carolina and the Union because the Charging Party, John E. Mendez, was first listed on said listings, and would cause trouble in the Union for Carolina as in the past, in violation of Section 8(a)(1) of the Act, and by refusing to recall Mendez from layoff to employment with Respondent because of his membership in 195 NLRB No. 124

661 and activities in said Union, and other concerted activities, in violation of Section 8(a)(3) of the Act.' At the close of the trial all parties waived oral argument, but were given an opportunity to file written briefs with the Trial Examiner on or before September 30, 1971. Such briefs were filed by General Counsel and Respondent on October 12, 1971, after an extension' of time for filing was granted by the Chief Trial Examiner. Decision on a motion of Respondent at the close of the' trial to dismiss the complaint on the merits was reserved; that motion is now disposed of by the findings of fact and conclusions of law in this Decision, which was signed and released by me November 8, 1971, for distribution to the parties in the usual course.

Upon consideration of the entire record in the case, including my observation of witnesses on the stand and analysis of written briefs, I make the following:

FINDINGS OF FACT

I THE BUSINESS O...

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