Inquiry were unsuccessful and the disputes remain unresolved.
11. The report of the Board of Inquiry concludes that 'the parties have failed to reach an agreement and we see no prospects for an early cessation of the strike. The board cannot point to any single issue of any consequence whatsoever upon which the parties are in agreement.' Unless the Court grants the injunction sought by the United States the strike will continue for an indeterminate period.
12. The strike affects a substantial part of the steel industry of the United States, which is engaged in trade, commerce and transportation among the several States and with foreign nations and in the production of goods for commerce.
13. The strike, which commenced on July 15, 1959 and has continued until the present time, has resulted in the closing on July 15, 1959 of facilities producing at least 85% of the total steel production of the United States. Inventories of steel have dropped from 24,800,000 tons on July 15, 1959 to approximately 10,000,000 tons. This is below the normal inventory level and is below the level required to sustain continued production of industries and businesses dependent upon steel products. Approximately 500,000 striking members of the Union are now unemployed and more than 265,000 employees are idle in other industries by reason of the steel strike. The 765,000 unemployed support families numbering over 2,000,000 persons. If the strike were to continue, the total number of workers made idle by it would probably reach approximately 1,775,000 by the end of November and approximately 3,000,000 by the end of December. By that time more than 9,000,000 people would probably be affected by the strike.
14. On October 16, 1959 the Business and Defense Services Administration of the Department of Commerce issued an order requiring top priority to be given by steel producers to items required for use under the programs of the Department of Defense, including missiles, launching sites and nuclear vessels. This order applied immediately to steel producers which have not been shut down by the strike. It could not, however, meet the essential requirements of the Department of Defense because many of the special steel products it needs are not carried in inventory or produced by the plants still in operation.
15. The strike, which has now been in existence for more than 95 days, if permitted to continue, will imperil the national health and safety in the following respects:
(a) Certain items of steel required in top priority military missile programs of the United States are not made by any mill now operating, nor available from any inventory or from imports. Any further delay in resumption of steel production would result in an irretrievable loss of time in the supply of weapons systems essential to the national defense plans of the United States and its allies.
(b) The planned program of space activities under the direction of the National Aeronautics and Space Administration has been delayed by the strike and will be further delayed if it is continued. Specifically, project Mercury, the nation's manned satellite program, which has the highest national priority, has been delayed by reason of delay in construction of buildings essential to its operation. This program is important to the security of the nation. Other planned space programs will be delayed or threatened with delay by a continuation of the strike.
(c) Nuclear Submarines and the naval shipbuilding program other than submarines, including new construction, modernization, and conversion, have been affected by reason of the inability to secure boilers, compressors, and other component parts requiring steel. Products of the steel industry are indispensable to the manufacture of such items and delay in their production will irreparably injure national defense and imperil the nation.
(d) Exported steel products are vital to the support of United States bases overseas and for the use of NATO allies and similar collective security groups. The steel strike, if permitted to continue, will seriously impair these programs, thus imperiling the national safety.
(e) A continuation of the strike will have the ultimate effect of adversely affecting millions of small business enterprises, almost all of which are directly or indirectly dependent upon steel products and most of which lack the resources to stock large inventories. In addition, it will have the effect of idling millions of workers and a large proportion of the facilities in industries dependent upon steel for their continued operation. Manufacturing industries directly dependent on steel mill products account for the employment of approximately 6,000,000 workers and normal annual wages and salaries totalling approximately $ 34,000,000,000. The products of these industries are valued at over $ 125,000,000,000. The national health will be imperiled if the strike is permitted to continue.
16. Such results, if the strike is permitted to continue, will imperil the national health and safety and thereby cause irreparable damage and injury to the United States of America for which there is no adequate remedy at law.
CONCLUSIONS OF LAW
1. This action was properly instituted under the national emergencies provisions of the Labor Management Relations Act of 1947, Sections 206-210 (29 U.S.C.A. §§ 176-180).
2. The statutory provisions of Sections 206 to 208 of the Act were in all respects fully and legally complied with, both prior to, and at the commencement of this suit by the United States of America.
3. The Court has jurisdiction of the subject matter of this suit and of the parties.
4. The work stoppage was a strike on the part of the United Steelworkers of America and did not constitute the exercise of the right of individual employees to quit their labor as set forth in Section 502 of the Act.
5. The strike is one affecting a substantial part of an industry engaged in trade, commerce and transportation among the several States and with foreign nations and engaged in the production of goods for commerce.
6. The strike, if permitted to continue, will imperil the national health and safety and thereby cause irreparable injury to the United States of America for which there is no adequate remedy at law.
7. Plaintiff, the United States of America, is entitled to the relief prayed for.
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