Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.
Upon consideration of the petition of the National Labor Relations Board for an adjudication in contempt and other relief, the report of Drayton Heard, Esq., the special master appointed by this Court to take testimony and make findings thereon, the testimony taken by him, the exceptions filed by the respondents to the special master's report, and the motion filed by the National Labor Relations Board to affirm in part and reverse in part the findings of fact by the special master, and after full argument by counsel,
IT Is ORDERED, ADJUDGED AND DECREED THAT:
A. The exceptions filed by the respondents to the report of the special master and the motion by the National Labor Relations Board to reverse in part the findings of fact by the special master are overruled and the report of the special master is approved and confirmed.
B. The findings of fact by the special master are approved and adopted by the Court as follows:
(1) Formation of Weirton Independent Union resulted from the voluntary actions of a majority of Weirton Steel Company employees in furtherance of their own desire to belong to an unaffiliated union.
(2) There is not sufficient substantial evidence to find that the first WIU elections were dominated by Weirton Steel Company.
(3) After the first elections, Weirton Steel Company steadily increased its interference in WIU affairs, which culminated in paying its officers, stewards and other officials overtime in February, 1944, and thereafter, to take counter-measures against CIO attempts to organize Weirton employees. Those payments were made before, during and after the WIU adherents were assembled in its meeting hall to remain there until deputized by the sheriff, and long after the Governor of West Virginia took over the adequate policing by state troopers of sections of Weirton where labor disturbances might occur.
(4) As part of the same interference with the WIU and with the freedom of employees to join a union of their own choice, Weirton Steel Company, during the first half of 1944, discharged Stanley Socha, Harry Beckner, Virginius Hamill, Leo Cummings, Harry Givens, Walter Pfiller, Arb Warner, Laddie Birkhimer, Benjamin Kaminsky, Michael Burskey; evicted Steve Bartek, Jr. from his job; and laid off Mrs. Helen Warner, Mrs. Bessie Freshour, Mrs. Helen Brosky, Robert Yoho, John Cencarik, George Wooldridge, and Anthony Getsinger, Jr.
(5) The discharge of Harvey Hall and the discharge of Mrs. Helen Mateusiak Eafrate were for just cause.
(6) Weirton Steel Company's offers of reemployment to several or all of the individuals discharged or laid off were inadequate; so that half-hearted performances of Cencarik, Kaminsky and Burskey of the inadequate reemployment accepted by them are immaterial.
C. The respondents having failed and refused to comply with the decree of this Court entered May 18, 1943, they and each of them are adjudged in contempt of this Court by reason thereof.
D. The respondents shall purge themselves of the contempt:
(1) By withdrawing all recognition from and completely disestablishing Weirton Independent Union, Incorporated, as the representative of any of the employees for the purpose of dealing with respondent companies concerning grievances, labor disputes, ...