immediately to the Congress for consideration and appropriate action a full statement of the case, including the report of the emergency board if such report has been made, and such recommendations as he may see fit to make, including a recommendation that the United States take possession of and operate the business enterprise or enterprises involved in the dispute. If the President recommends that the United States shall take possession of and operate such enterprise or enterprises, the President shall have authority to take such action unless the Congress by concurrent resolution within five days after the submission of such recommendation to the Congress determines that such action should not be taken or enacts legislation designed to resolve the dispute and terminate the national emergency if Congres finds such an emergency exists: Provided, That during the period in which the United States shall have taken possession, the Federal Mediation and Conciliation Service and the emergency board shall continue to encourage the settlement of the dispute by the parties concerned, and the agency or department of the United States designated to operate such enterprise or enterprises shall have no authority to enter into negotiations with the employer or with any labor organization for a collectivebargaining contract or to alter the wages, hours, or the conditions of employment existing in such industry prior to the dispute, except in conformity with the recommendations of the emergency board or a concurrent resolution of the Congress. If the Congress or either House thereof shall have adjourned sine die or for a period longer than three days, the President shall convene the Congress, or such House for the purpose of consideration of an appropriate action pursuant to such statement and recommendations: Provided further, That the Act entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in Equity, and for other purposes" (NorrisLaGuardia Act), approved March 24, 1932 (U. S. C., title 29, secs. 101–115), shall be applicable to the United States acting under the provisions of this title unless Congress by concurrent resolution provides otherwise in the particular case. "SEC. 209. (a) In the event that the Government shall take possession of and operate any business enterprise or enterprises involved in a given dispute, the President shall designate the agency or department of Government which shall take possession of any business enterprise or enterprises including the properties thereof involved in the dispute and all other assets of the enterprise or enterprises necessary to such continued operation thereof as will protect the national health or safety. "(b) Any enterprise or properties of which possession has been taken under this title shall be returned to the owners thereof as soon as (1) such owners have reached an agreement with the representatives of the employees in such enterprise settling the issues in dispute between them, or (2) the President finds that the continued possession and operation of such enterprise by the United States is no longer necessary under the terms of the proclamation provided for in section 206: Provided, That possession by the United States shall be terminated not later than sixty days after the issuance of the report of the emergency board unless the period of possession is extended by concurrent resolution of the Congress. "(c) During the period in which possession of any enterprise has been taken under this title, the United States shall hold all income received from the operation thereof in trust for the payment of general operating expenses, just compensation to the owners as hereinafter provided in this subsection, and reimbursement to the United States for expenses incurred by the United States in the operation of the enterprise. Any income remaining shall be covered into the Treasury of the United States as miscellaneous receipts. In determining just compensation to the owners of the enterprise, due consideration shall be given to the fact that the United States took possession of such enterprise when its operation had been interrupted by a work stoppage or that a work stoppage was imminent; to the fact that the owners or the labor organization, as the case may be, have failed or refused to comply with the recommendations of the emergency board or the conditions determined by the Congress to constitute a just settlement of the dispute; to the fact that the United States would have returned such enterprise to its owners at any time when an agreement was reached settling the issues involved in such work stoppage; and to the value the use of such enterprise would have had to its owners in the light of the labor dispute prevailing, had they remained in possession during the period of Government operation. "(d) Whenever any enterprise is in the possession of the United States under this section, it shall be the duty of any labor organization of which any employees who have been employed in the operation of such enterprise are members, and of the officers of such labor organization, to seek in good faith to induce such employees to refrain from a stoppage of work and not to engage in any strike, slow-down, or other concerted refusal to work, or stoppage of work, and if such stoppage of work has occurred, to seek in good faith to induce such employees to return to work and not to engage in any strike, slow-down, or other concerted refusal to work or stoppage of work while such enterprise is in the possession of the United States. "(e) During the period in which possession of any enterprise has been taken by the United States under this section, the employer or employees or their duly designated representatives and the representatives of the employees in such enterprise shall be obligated to continue collective bargaining for the purpose of settling the issues in the dispute between them. "(f) (1) The President may appoint a compensation board to determine the amount to be paid as just compensation under this section to the owner of any enterprise of which possession is taken. For the purpose of any hearing or inquiry conducted by any such board the provisions relating to the conduct of hearings or inquiries by emergency boards as provided in section 207 of this title are hereby made applicable to any such hearing or inquiry. The members of compensation boards shall be appointed and compensated in accordance with the provisions of section 207 of this title. "(2) Upon appointing such compensation board the President shall make provision as may be necessary for stenographic, clerical, and other assistance and such facilities, services, and supplies as may be necessary to enable the compensation board to perform its functions. "(3) The award of the compensation board shall be final and binding upon the parties, unless within thirty days after the issuance of said award, either party moves to have the said award set aside or modified in the United States Court of Claims in accordance with the rules of said court. "SEC. 210. When a dispute arising under this title has been finally settled, the President shall submit to the Congress a full and comprehensive report of all the proceedings, together with such recommendations as he may see fit to make." SEC. 3. (a) The amendment made by the first section of this Act shall not apply with respect to any dispute existing on the date of enactment of this Act. (b) The amendment made by section 2 of this Act shall apply with respect to any dispute existing on the date of enactment of this Act, and, for such purposes (1) any reference in such amendment to an emergency board shall be deemed to refer to any existing board of inquiry appointed pursuant to section 206 of the Labor Management Relations Act, 1947, and (2) a proclamation authorized to be issued pursuant to section 206 of such Act, as amended by this Act, shall be deemed to have been issued in any case in which any such board of inquiry has been appointed. SEC. 4. The provisions of this Act shall not be applicable with respect to any matter which is subject to the provisions of the Railway Labor Act, as amended from time to time. Immediate Release. APRIL 8, 1952. EXECUTIVE ORDER DIRECTING THE SECRETARY OF COMMERCE TO TAKE POSSESSION OF AND OPERATE THE PLANTS AND FACILITIES OF CERTAIN STEEL COMPANIES Whereas on December 16, 1950, I proclaimed the existence of a national emergency which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made throughout the United Nations and otherwise to bring about a lasting peace; and Whereas American fighting men and fighting men of other nations of the United Nations are now engaged in deadly combat with the forces of aggression in Korea, and forces of the United States are stationed elsewhere overseas for the purpose of participating in the defense of the Atlantic Community against aggression; and Whereas the weapons and other materials needed by our armed forces and by those joined with us in the defense of the free world are produced to a great extent in this country, and steel is an indispensable component of substantially all of such weapons and materials; and Whereas steel is likewise indispensable to the carrying out of programs of the Atomic Energy Commission of vital importance to our defense efforts; and Whereas a continuing and uninterrupted supply of steel is also indispensable to the maintenance of the economy of the United States, upon which our military strength depends; and Whereas a controversy has arisen between certain companies in the United States producing and fabricating steel and the elements thereof and certain of their workers represented by the United Steel Workers of America, CIO, regarding terms and conditions of employment; and Whereas the controversy has not been settled through the processes of collective bargaining or through the efforts of the Government, including those of the Wage Stabilization Board, to which the controversy was referred on December 22, 1951, pursuant to Executive Order No. 10233, and a strike has been called for 12:01 a. m., April 9, 1952; and Whereas a work stoppage would immediately jeopardize and imperil our national defense and the defense of those joined with us in resisting aggression, and would add to the continuing danger of our soliders, sailors, and airmen engaged in combat in the field; and Whereas, in order to assure the continued availability of steel and steel products during the existing emergency, it is necessary that the United States take possession of and operate the plants, facilities, and other property of the said companies as hereinafter provided: Now, therefore, by virtue of the authority vested in me by the Constitution and laws of the United States, and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: 1. The Secretary of Commerce is hereby authorized and directed to take possession of all or such of the plants, facilities, and other property of the companies named in the list attached hereto, or any part thereof, as he may deem necessary in the interests of national defense; and to operate or to arrange for the operation thereof and to do all things necessary for, or incidental to, such operation. 2. In carrying out this order the Secretary of Commerce may act through or with the aid of such public or private instrumentalities or persons as he may designate; and all Federal agencies shall cooperate with the Secretary of Commerce to the fullest extent possible in carrying out the purposes of this order. 3. The Secretary of Commerce shall determine and prescribe terms and conditions of employment under which the plants, facilities, and other properties possession of which is taken pursuant to this order shall be operated. The Secretary of Commerce shall recognize the rights of workers to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining, adjustment of grievances, or other mutual aid or protection, provided that such activities do not interfere with the operation of such plants, facilities, and other properties. 4. Except so far as the Secretary of Commerce shall otherwise provide from time to time, the managements of the plants, facilities, and other properties possession of which is taken pursuant to this order shall continue their functions, including the collection and disbursement of funds in the usual and ordinary course of business in the names of their respective companies and by means of any instrumentalities used by such companies. 5. Except so far as the Secretary of Commerce may otherwise direct, existing rights and obligations of such companies shall remain in full force and effect, and there may be made, in due course, payments of dividends on stock, and of principal, interest, sinking funds, and all other distributions upon bonds, debentures, and other obligations, and expenditures may be made for other ordinary corporate or business purposes. 6. Whenever in the judgment of the Secretary of Commerce further possession and operation by him of any plant, facility, or other property is no longer necessary or expedient in the interest of national defense, and the Secretary has reason to believe that effective future operation is assured, he shall return the possession and operation of such plant, facility, or other property to the company in possession and control thereof at the time possession was taken under this order. 7. The Secretary of Commerce is authorized to prescribe and issue such regulations and orders not inconsistent herewith as he may deem necessary or desirable for carrying out the purposes of this order; and he may delegate and authorize subdelegation of such of his functions under this order as he may deem desirable. THE WHITE HOUSE, April 8, 1952. American Bridge Co., 525 William Penn Place, Pittsburgh, Pa. HARRY S. TRUMAN. American Steel & Wire Co. of New Jersey, Rockefeller Building, Cleveland, Ohio. Geneva Steel Co., Salt Lake City, Utah. Gerrard Steel Strapping Co., 1915 West Forty-seventh Street, Chicago 32, Ill. National Tube Co., 525 William Penn Place, Pittsburgh. Pa. Oil Well Supply Co., 2001 North Lamar Street, Dallas, Tex. Tennessee Coal, Iron & Railroad Co., Fairfield, Ala. United States Steel Co., 525 William Penn Place, Pittsburgh, Pa. United States Steel Corp., 71 Broadway, New York 6, N. Y. United States Steel Products Co., 30 Rockefeller Plaza, New York, N. Y. United States Steel Supply Co., 208 South La Salle Street, Chicago, Ill. Alan Wood Steel Co., and subsidiaries, Conshohocken, Pa. American Chain & Cable Co., Inc., 929 Connecticut Avenue, Bridgeport 2, Conn. American Chain & Cable Co., Monessen, Pa. Armco Steel Corp., 703 Curtis Street, Middletown, Ohio. Armco Drainage & Metal Products, Inc., 703 Curtis Street, Middletown, Ohio. Babcock & Wilcox Tube Co., Beaver Falls, Pa. Borg-Warner Corp., 310 South Michigan Avenue, Chicago 4, Ill. Continental Copper & Steel Industries, Inc., Braeburn, Pa. Continental Steel Corp., West Markland Avenue, Kokomo, Ind. Detroit Steel Corp., 1025 South Oakwood Avenue, Detroit 9, Mich. Eastern Stainless Steel Corp., Baltimore 3, Md. Firth Sterling Steel & Carbide Corp., Demmler Road, McKeesport, Pa. Follansbee Steel Corp., Third and Liberty Avenue, Pittsburgh 22, Pa. Granite City Steel Co., Twentieth Street and Madison Avenue, Granite City, III. Great Lakes Steel Corp., Tecumseh Road, Ecorse, Detroit 18, Mich. Hanna Furnace Corp., Ecorse, Detroit 18, Mich. Harrisburg Steel Corp., Tenth and Herr Streets, Harrisburg, Pa. Heppenstall Co., 4620 Hatfield Street, Pittsburgh, Pa. Inland Steel Co., 38 South Dearborn Street, Chicago 3, III. Joseph T. Ryerson & Son, Inc., 2558 West Sixteenth Street, Chicago 80, Ill. Buffalo Steel Division, H. K. Porter Co., Inc., Fillmore Avenue, Tonawanda, N. Y. Latrobe Electric Steel Co., Latrobe, Pa. E. J. Lavino & Co., 1528 Walnut Street, Philadelphia, Pa. Lukens Steel Co., South First Avenue, Coatesville, Pa. McLouth Steel Corp., 300 South Livernois, Detroit 17, Mich. Newport Steel Corp., Ninth and Lowell Streets, Newport, Ky. Northwest Steel Rolling Mills, Inc., 4315 Ninth Street NW., Seattle, Wash. Reeves Steel Manufacturing Co., 137 Iron Avenue, Dover, Ohio. John A. Roebling's Sons Co., 640 South Broad Street, Trenton, N. J. Rotary Electric Steel Co., Box 90, Detroit, 20, Mich. Sheffield Steel Corp., Sheffield Station, Kansas City 3, Mo. Vanadium-Alloys Steel Co., Latrobe, Pa. Vulcan Crucible Steel Co., 1 Main Street, Aliquippa, Pa. Wheeling Steel Corp., 1134 Market Street, Wheeling, W. Va. Woodward Iron Co., Woodward, Ala. Allegheny Ludlum Steel Corp., Oliver Building, Pittsburgh 22, Pa. Bethlehem Steel Co., 701 East Third Street, Bethlehem, Pa. Bethlehem Pacific Coast Steel Corp., Twentieth and Illinois Streets, San Francisco, Calif. Bethlehem Supply Co. of California, Los Angeles, Calif. Bethlehem Supply Co., Tulsa, Okla. Buffalo Tank Corp., Lackawanna, N. Y.; Charlotte, N. C.; Dunellen, N. J. Dundalk Co., Sparrows Point, Md. A. M. Byers Co., 717 Liberty Avenue, Pittsburgh 30, Pa. Colorado Fuel & Iron Corp., 575 Madison Avenue, New York 22, N. Y. Claymont Steel Corp., Claymont, Del. Crucible Steel Co., Oliver Building, Pittsburgh 22, Pa. Jones & Laughlin Steel Corp., Third Avenue and Ross Street, Pittsburgh 30, Pa. J. & L. Steel Barrel Co., 3711 Sepviva Street, Philadelphia 37, Pa. National Supply Co., 1400 Grant Building, Pittsburgh 30, Pa. Johnson Steel & Wire Co., Inc., 53 Wiser Avenue, Worcester 1, Mass. Truscon Steel Co., 1315 Albert Street, Youngstown, Ohio. Rheem Manufacturing Co., Russ Building, San Francisco 4, Calif. Sharon Steel Corp., South Irving Avenue, Sharon, Pa. Valley Mould & Iron Corp., Hubbard, Ohio. Youngstown Sheet & Tube Co., 44 Central Square, Youngstown 1, Ohio. Emsco Derrick & Equipment Co., 6811 South Alameda Street, Los Angeles 1, Calif. PRESIDENT'S MESSAGE TO THE CONGRESS To the Congress of the United States: The Congress is undoubtedly aware of the recent events which have taken place in connection with the management-labor dispute in the steel industry. These events culminated in the action which was taken last night to provide for temporary operation of the steel mills by the Government. I took this action with the utmost reluctance. The idea of Government operation of the steel mills is thoroughly distasteful to me, and I want to see it ended as soon as possible. However, in the situation which confronted me yesterday, I felt that I could make no other choice. The other alternatives appeared to be even worse so much worse that I could not accept them. One alternative would have been to permit a shut-down in the steel industry. The effects of such a shut-down would have been so immediate and damaging with respect to our efforts to support our Armed Forces and to protect our national security that it made this alternative unthinkable. The only way that I know of, other than Government operation, by which a steel shut-down could have been avoided was to grant the demands of the steel industry for a large price increase. I believed and the officials in charge of our stabilization agencies believed that this would have wrecked our stab Jization program. I was unwilling to accept the incalculable damage which might he done to our country by following such a course. Accordingly, it was my judgment that Government operation of the steel mills for a temporary period was the least undesirable of the courses of action which lay open. In the circumstances, I believe it to be, and now believe it to be, my duty and within my powers as President to follow that course of action. It may be that the Congress will deem some other course to be wiser. It may be that the Congress will feel we should give in to the demands of the steel industry for an exorbitant price increase and take the consequences so far as resulting inflation is concerned. It may be that the Congress will feel the Government should try to force the steelworkers to continue to work for the steel companies for another long period without a contract, even though the steelworkers have already voluntarily re mained at work without a contract for 100 days in an effort to reach an orderly settlement of their differences with management |