161 N.L.R.B. 1031 (N.L.R.B. 1966)

Oak Park Motors, Inc.

National Labor Relations Board - Board DecisionsNov 15, 1966

161 N.L.R.B. 1031 (N.L.R.B. 1966)

OAK PARK MOTORS, INC. APPENDIX F 1031 1. Sue Aggers 4. Elwyn Hart 8. Larry Lindermann 2. James Baxter 5 . Renate Kerwick 9. Betty Loucks 3. Ada Dill 6. Frances Knouse 10. Sharon Moss 7. Nellie Lewis APPENDIX G 1. Lois Jarvis 2. James King 4. Lois Wagner 3. Melvin Lowman Oak Park Motors, Inc., Fencl -Bogan Chevrolet, Inc., and Supe- rior Motor Sales, Inc. and Automobile Salesmen 's Union of Chicago and Vicinity. Cases 13-CA-4831, 4833, and 4834. November 15, 1966 DECISION AND ORDER On August 16, 1966, Trial Examiner Charles W. Schneider issued his Decision in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist there- from and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, the Respondents filed excep- tions to the Trial. Examiner's Decision and Recommended Order and the General Counsel filed a reply brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel [Members Fanning, Brown, and Zagoria]. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the Respondents' exceptions and the General Counsel's reply brief, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner. [The Board adopted the Trial Examiner's Recommended Order.] TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE On May 4, 1962, following the filing of unfair labor -practice charges by Auto- mobile Salesmen 's Union of Chicago and Vicinity, the Union, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 13, issued complaints and orders consolidating for the purpose of hearing proceedings 161 NLRB No. 96. 1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD against the Respondent employers named in the caption hereof: Oak Park Motors, Inc., Fencl-Bogan Chevrolet, Inc., and Superior Motor Sales, Inc. On June 11, 1962, the Respondents filed separate answers in which they admitted in part and denied in part the allegations of the complaints. Hearing was thereafter held on the complaints, but not completed. On March 12, 1965, the Regional Director approved a separate bilateral settle- ment agreement in each case, disposing of the issues in each, upon the basis of which the hearing was postponed indefinitely pending compliance with the terms of the settlement agreements. However, on March 18, 1966, counsel for the Gen- eral Counsel filed a motion to reopen the hearing against the Respondents herein, on the ground that the Respondents had failed to comply with the terms of the set- tlement agreements relating to the alleged violations of Section 8(a)(1) and (5) of the Act. This motion was subsequently granted by Trial Examiner Thomas N. Kes- sel and the cases duly noted for hearing. On March 24, 1966, counsel for the Gen- eral Counsel filed a separate motion to amend complaint in each of the cases, sub- sequently granted. Upon request of the parties Trial Examiner Charles W. Schneider thereafter issued an Order, and a second Order, inter alia postponing the hearing indefinitely. On June 6, 1966, counsel for the Respondents filed a request, subsequently granted, to withdraw answers heretofore filed. In response to the request for with- drawal of the answers, counsel for the General Counsel filed a motion for sum- mary judgment on the pleadings, with a suggested order, for want of answer. On July 12, 1966, I issued an order to the parties to show cause as to whether or not the motion for summary judgment should be granted and the proposed order entered. The Respondents filed a response to the order to show cause on July 25 and the Charging Party an answer to that response on July 27, 1966. The General Counsel filed no replies. The response of the Respondents is addressed solely to the scope of the order. This issue is resolved in the Remedy section, infra. No cause to the contrary being shown, the General Counsel's motion for sum- mary judgment is now granted. In default of answers the allegations of the com- plaints, as amended, are deemed to be admitted to be true, and are hereby so found. National Labor Relations Board's Rules and Regulations, Series 8, as amended, Section 102.20.1 FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS Respondent Oak Park Motors, Inc., is, and has been at all times material herein, a corporation duly organized under and existing by virtue of the laws of the State of Illinois, and at all times material herein has maintained its principal place of business at 711 Madison Street, Oak Park, Illinois. During the calendar year 1961, the Respondent, Oak Park, in the course and conduct of its business operation, sold new and used cars, trucks, and new parts, and serviced new and used cars and trucks at retail, the gross value of which exceeded $500,000. During the same period, Respondent, Oak Park, received goods valued in excess of $50,000 transported to its place of business in interstate commerce directly from States of the United States other than the State of Illinois. Respondent Fencl-Bogan Chevrolet, Inc., is, and has been at all times material herein, a corporation duly organized under and existing by virtue of the laws of the State of Illinois, where it is engaged in the retail sale of motor vehicles. Respondent Superior Motor Sales, Inc., is, and at all times material herein has been, a corporation duly organized under and existing by virtue of, the laws of the State of Illinois, and maintaining a place of business in Chicago, Illinois, where it is engaged in the retail sale of motor vehicles. During the calendar year 1961, Respondents Superior and Fencl, in the course and conduct of their business operations, each sold and distributed motor vehicles, the gross value of which exceeded $ 500,000 . During the same period , Respondents Superior and Fencl each received goods valued in excess of $100,000 transported to their places of business in interstate commerce directly from States of the United States other than the State of Illinois. 1 Section 102.20 provides, in part: All allegations in the complaint, if no answer is filed, shall be deemed to be admitted to be true and shall be so found by the Board, unless good cause, to the contrary is shown. OAK PARK MOTORS, INC . 1033 The Respondents are and have been at all times material herein employers engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED Automobile Salesmen 's Union of Chicago and Vicinity, herein called the Union, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. Oak Park Motors, Inc. All regularly employed new- and used-car salesmen, including regularly employed part-time salesmen, team leaders, and the truck manager at the Oak Park, Illinois, location of Oak Park Motors, Inc., excluding all other employees, the new-car manager, and the used-car manager, and supervisors as defined in the Act consti- tute a unit appropriate for the purpose of collective bargaining within the mean- ing of Section 9(b) of the Act. On or about February 9, 1962, following a secret ballot election held in the appropriate unit on or about December 28, 1961, the Regional Director of Region 13 of the Board certified the Union as the exclusive collective-bargaining repre- sentative of all employees in this appropriate unit. At all times since on or about December 28, 1961, the Union has been, and is now, the exclusive collective -bargaining representative of all employees in the appropriate unit within the meaning of Section 9(a) of the Act. Commencing on or about January 1, 1962 , and continuing to date , Respondent Oak Park has unilaterally instituted changes in wages and other terms and condi- tions of employment. Commencing on or about January 24, 1962, and more particularly on or about January 24 and April 13, 1962, and May 1965 and continuing to date, Respondent Oak Park has failed and refused to meet and to bargain in good faith with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment with the Union as the representative of all the employees in the appropriate unit, though requested to do so by the Union. Since on or about August 4, 1965, and more particularly on or about August 4 and September 28, and October 22, 1965, and February 3, 1966, and continuing to date, Respondent Oak Park has bargained in bad faith, in that it has failed and refused to discuss individual items for negotiation and demanded that the Union submit a package contract based on an open shop as the only basis for bargaining. B. Fencl-Bogan Chevrolet, Inc. All regularly employed new- and used-car salesmen including regularly employed part-time salesmen at the Oak Park, Illinois, location of Fencl-Bogan Chevrolet, Inc., excluding all other employees and supervisors as defined in the Act consti- tute a unit appropriate for the purpose of collective bargaining within the mean- ing of Section 9(b) of the Act. On or about February 16, 1962, following a secret-ballot election held in the appropriate unit on or about December 28, 1961, the Regional Director certified the Union as the exclusive collective-bargaining representative of all employees in this appropriate unit. At all times since on or about December 28, 1961, and continuing to date, the Union has been, and is now, the exclusive collective-bargaining representative of all employees in the appropriate unit within the meaning of Section 9(a) of the Act. Commencing on or about January 1, 1962, and continuing to date, Respondent Fencl-Bogan has unilaterally instituted changes in wages, vacation and bonus plans, and other terms and conditions of employment. Commencing on or about January 24, 1962, and more particularly on or about January 24 and April 13, 1962, and May 1965, and continuing to June 17, 1965, though requested by the Union to bargain , Respondent Fencl-Bogan has failed and refused to meet and bargain in good faith with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment with the Union as the representative of all the employees in the appropriate unit. Since on or about June 17, 1965, and continuing to date, though requested to bargain by the Union , Respondent Fencl-Bogan has failed and refused to bargain 1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in good faith with respect to rates of pay , wages, hours of employment , and other terms and conditions of employment with the Union as the representative of all the employees in the appropriate unit , in that: (1) Since on or about June 17, 1965, and continuing to date, Richard Fencl, Sr., the only representative of the Respondent who has authority to make any binding commitments on behalf of the Respondent , has failed or refused to attend any meetings between the Respondent and the Union. (2) Since on or about June 17, 1965, including but not limited to October 6, November 11, and December 7, 1965, and continuing to date , Respondent Fencl- Bogan has failed or refused to meet and bargain in good faith with respect to rates of pay , wages, hours of employment , and other terms and conditions of employment with the Union as the representative of all the employees in the appropriate unit. (3) Since on or about June 17, 1965, and more particularly on or about August 6, September 24 and November 22, 1965, and January 18, 1966, and con- tinuing to date , Respondent Fencl-Bogan has bargained in bad faith , in that it has failed and refused to discuss individual items for negotiation and demanded that the Union submit a package contract based on an open shop. C. Superior Motor Sales, Inc. All regularly employed new- and used-car salesmen including regularly employed part-time salesmen at the Chicago , Illinois, location of Superior Motor Sales, Inc., excluding all other employees and supervisors as defined in the Act, constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9(b) of-the Act. On or about February 2, 1962, following a secret ballot election held in the appropriate unit on or about December 20, 1961, the Regional Director certified the Union as the exclusive collective-bargaining representative of all employees in this appropriate unit. At all times since on or about December 20, 1961, and continuing to date, the Union has been and is now the exclusive representative of all employees in the appropriate unit within the meaning of Section 9(a) of the Act. Commencing on or about January 1, 1962, and continuing to date, Respondent Superior Motor Sales, Inc., has unilaterally instituted changes in wages and other terms and conditions of employment. Commencing on or about January 24, 1962, and more particularly on or about January, 24 and April 13, 1962, and May 1965, and continuing to date, Respondent Superior, though requested- by the Union to bargain, has failed and refused to meet and to bargain in good faith with respect to rates of pay, wages, hours of employ- ment, and other terms and conditions of employment with the Union as the repre- sentative of all the employees in the appropriate unit. Since on or about June 29, 1965, and more particularly on or about June 29, August 4, September 23, and November 16, 1965, and continuing to date, the Respondent has bargained in bad faith, in that it has failed and refused to discuss individual items for negotiation and demanded that the Union submit a package contract based on an open shop. Conclusion By all the foregoing described conduct, Respondents Oak Park Motors, Inc., Fencl-Bogan Chevrolet, Inc., and Superior Motor Sales, Inc., have interfered with, restrained," and coerced their employees in the exercise of the rights guaranteed in Section 7 of the National Labor Relations Act, and have refused to bargain col- lectively with the representative of their employees, thereby engaging in unfair labor practices within the meaning of Sections 8(a)(1) and ( 5) and 2 (6) and (7) of the Act. ' N. THE REMEDY Having found that the Respondents have, engaged in unfair labor practices, appro- priate remedial action is required to effectuate the policies of the Act. The General Counsel has submitted a proposed order. In their response to the order to,-show cause on the motion for summary judgment, the Respondents objected to certain provisions of the proposed order; to which response the Charging Party filed an answer. The provisions objected to are as follows: 1. Bonuses and contests: The order proposed by the General Counsel would (inter alia) require certain action of each of the Respondents with respect to OAK PARK MOTORS,, INC. 1035 "bonuses" and "contests ." Specifically the General Counsel proposes that each Respondent be ordered to cease and desist from "unilaterally changing " and from "refusing to negotiate and discuss" bonuses and contests . In addition each Respond- ent would be ordered, upon request, to submit to the Union a statement in writing showing current bonuses and contests in effect for salesmen , and to bargain with respect to said matters. The Respondents suggest either deletion or further explanation of the words "bonuses" and "contests" for the following reasons: None of the complaints contain allegations of unilateral changes in contests , and only the complaint in Fencl refers to unilateral changes in bonus plans. Apart from that, the Respondents point out that most of the contests in which automobile salesmen participate are sponsored and administered by the automobile manufacturers and not the dealers; and may be ,on a local or a national basis-as the manufacturer deems desirable . Other than an election as to whether to participate in them the individual dealer is without con- trol over the administration of these manufacturer-sponsored contests . The Respond- ents therefore urge that contests and rewards administered and controlled by the manufacturer be excluded from the scope of the order. That the complaints do not specifically allege as unfair labor practices unilateral changes in contests , and that only one complaint alleges a unilateral change in bonus plans, is not controlling. Each complaint alleges that the Respondent "uni- laterally instituted changes in wages and other terms and conditions of employ- ment." The complaints are therefore broad -enough to support the suggested order. However, the Charging Party has indicated its acquiescence to exclusion from the scope of the cease-and-desist order bonuses, contests, or rewards administered or controlled by the manufacturers and not restricted to employees of the Respondents. The General Counsel has indicated no contrary view. Since I would assume that any such program 'administered by the manufacturer would not be restricted to employees of the Respondents the suggested modification, appears to meet the requirements' of the Respondents as to the general scope of the orders, and will be adopted. However, the provision in the proposed orders requiring the Respondents to submit to the Union a statement of the bonuses or contests in effect for sales- men will be adopted without qualification as to source. This information is of bear- ing on conditions of employment in the appropriate unit and, to the extent in the possession of the Respondents, should be supplied on request. In addition to contests controlled by the manufacturer a few promotions of vary- ing kinds have traditionally been initiated by individual dealers. As to these the Respondents urge that the proposed orders do not make it sufficiently clear that the Respondents are not precluded from engaging in sales promotions "to the same extent that they have in the past." Nothing in the proposed order purports to preclude engagement by the Respond- ents in such promotion of their own, nor to restrict its extent so long as opportunity is afforded the bargaining agent for discussion respecting any which affect wages or conditions of employment in the appropriate units. Where contests, bonus, or simi- lar programs involve remuneration to the employees based on effort, production, or profit, they constitute a form of wages and a condition of employment in the same way that wage incentive, piecework, and profit-sharing plans do. The bargaining representative is entitled to express its views concerning such a system and to,have them considered before its inauguration. Manifestly this is not to give the Union a veto power over the arrangements . It does, however, require open-minded bilateral discussion in good faith before any such program is finalized by the Respondents. 2. Insistence upon a package demand: The notice which the General Counsel proposes be posted by each of the Respondents contains the following paragraph: WE WILL NOT insist that the above -named labor organization submit a com- plete package of all its demands as the sole basis for negotiations. For reasons not apparent or explained , the proposed orders contain no such pro- vision. Presumably the notice has its origin in allegations in each complaint to the effect that the Respondent has . bargained in bad faith, in that it has failed and refused to discuss individ- ual items for negotiation and demanded that the Union submit a package con- tract based on an open shop as the only basis for bargaining.a [Emphasis supplied.] 3 The italicized language Is from the Oak Park complaint. In the Fencl and Superior complaints the italicized words do not appear. 1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Respondents object to this provision on the apparent ground that they are entitled to a complete statement of the Union's demands before they "commence trading." As to the reference in the complaints to the open shop, the Respondents say that the failure of the General Counsel to include it in the proposed orders or notices makes it apparent that the open shop is no longer an issue. However, the facts do not present the issue stated by the Respondents. The ques- tion is not whether the Respondents are entitled to a complete statement of the Union's demands before being required to negotiate any of them, but whether the Respondent is entitled to demand a package contract based on an open shop. It is not so entitled. However, there is also no basis in the faces for the notice proposed in this regard by the General Counsel. The admitted allegations of the complaints are the appropriate measure of the violations to be remedied, whether specified in the proposed order or notice or not. The proposed paragraph in the notice having no basis in the complaint, it will not be adopted. Instead it will be recommended that the orders and notices provide for a cease-and-desist provision in this regard in the language of the respective complaints. Inter alia the proposed orders and notices include a paragraph requiring that the Respondents not refuse to negotiate and discuss with the Union individual specific items of bargaining. Provision will be added concerning demands by the Respondent for submission by the Union of a package contract on an open shop basis, and the proposed orders and notices amended accordingly. Upon the basis of the foregoing findings and conclusions and the entire record before me, I recommend that the Board issue the following: RECOMMENDED ORDER A. Oak Park Motors, Inc., its officers , agents, successors , and assigns , shall: 1. Cease and desist from: (a) Refusing to bargain collectively with Automobile Salesmen's Union of Chi- cago and Vicinity as the exclusive representative of all their regularly employed new- and used-car salesmen at the Oak Park, Illinois, location, including regularly employed part-time salesmen, team leaders, and the truck manager, excluding all other employees, the new-car manager and the used-car manager, and supervisors as defined in the Act. (b) Negotiating with the above-named labor organization in bad faith and with no intention of entering into any final or binding collective -bargaining agreement with it. (c) Unilaterally changing existing rates of pay, wages, commissions, bonuses, contests, or other terms or conditions of employment of the employees in the unit described above. (d) Refusing to negotiate and discuss with the above-named labor organization matters relating to rates of pay, wages, commissions, bonuses, or contests controlled or administered by Oak Park Motors, the duration of the contract, union-security provisions, and related matters. (e) Refusing to meet on request of the above-named labor organization for pur- poses of collective bargaining. (f) Demanding that the Union submit a package contract based on an open shop as the only basis for bargaining. (g) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form labor organizations, to join or assist Automobile Salesmen's Union of Chicago and Vicinity or any other labor organization, to bargain collectively through representatives of their own choosing, or to engage in concerted activities for the purpose of collective bargain- ing or other mutual aid or protection, or to refrain from any or all of such activi- ties, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act as modified by the Labor-Management Reporting and Disclosure Act of 1959. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act, as amended: (a) Upon request, submit to Automobile Salesmen's Union of Chicago and Vicin- ity a statement in writing showing current rates of pay, wages, commissions, bonuses, contests, vacation benefits, hours of employment, and other benefits of employment in effect for new- and used-car salesmen, team leaders, and the truck manager employed by said Oak Park Motors, Inc. OAK PARK MOTORS, INC. 1037 (b) Upon request, bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of all Oak Park Motors' regu- larly employed new- and used-car salesmen, including regularly employed part-time salesmen, team leaders, and the truck manager, excluding all other employees, the new-car manager and the used-car manager, and supervisors as defined in the Act, with respect to rates of pay, wages, commissions, bonuses, or contests controlled or administered by Oak Park Motors, vacation benefits, hours of employment, and other conditions of employment, and embody in a signed agreement any under- standing reached. (c) Post immediately at Oak Park Motors' Oak Park, Illinois, place of business copies of the attached notice marked "Appendix A." 3 Copies of said notice, to be furnished by the Regional Director for Region 13, after being signed by Respond- ent Oak- Park Motors' representative, shall be posted immediately upon receipt thereof, and be maintained for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respondent Oak Park Motors to insure that said notices are not altered, defaced, or covered by any other material. (d) Notify the said Regional Director for Region 13, in writing, within 20 days from the date of the receipt of this Decision, what steps Respondent Oak Park Motors has taken to comply with the Recommended Order herein.4 IT IS FURTHER RECOMMENDED that, unless the Respondent Oak Park Motors shall, within the prescribed period, notify the said Regional Director, in writing, that it will comply with the foregoing Recommended Order, the National Labor Relations Board issue its Order requiring the Respondent to take the aforesaid action. B. Fencl-Bogan Chevrolet, Inc., its officers, agents, successors, and assigns, shall: 1. Cease and desist from: ' (a) Refusing to bargain collectively with Automobile Salesmen's Union of Chi- cago and Vicinity as the exclusive representative of all regularly employed new- and used-car salesmen at its Oak Park; Illinois, location, including regularly employed part-time salesmen, excluding all other employees and supervisors as defined in the Act. (b) Negotiating with the above-named labor organization in bad faith and with no intention of entering into any final or binding collective-bargaining agreement with it. (c) Unilaterally changing existing rates of pay, wages, commissions, bonuses, contests , or other terms or conditions of employment of the employees in the unit described above. (d) Appearing at collective-bargaining meetings by representatives lacking authority to enter into negotiations on all matters with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment. (e) Refusing to negotiate and discuss with the above-named labor organization matters relating to rates of pay, wages, commissions, bonuses, or contests con- trolled or administered by Fencl-Bogan, the duration of the contract, union-security provisions, and related matters. - (f) Refusing to meet on request of the above-named labor organization for pur- poses of collective bargaining. (g) Demanding that the Union submit a package contract based on an open shop. (h) In any other manner interfering with, restraining , or coercing its employees in the exercise of their right to self-organization, to form labor organizations, to join or assist Automobile Salesmen's Union of Chicago and Vicinity or any other labor organization, to bargain collectively through representatives of their own choosing, or to engage in concerted activities for the purpose of collective bargain- ing or other mutual aid or protection, or to refrain from any or all of such activi- ties except to the extent that such right may be affected by an agreement requiring ' In the event that the Recommended Order is adopted by the Board, the words "a Decision and Order" shall be substituted for the words "the Recommended Order of a Trial Examiner" in the notice In the further event that the Board's Order Is enforced by a decree of a United States Court of Appeals, the words " a Decree of the United States Court of Appeals Enforcing an Order" shall be substituted for the words "a Decision and Order." 41n the event that the Recommended Order is adopted by the Board, this provision shall be modified to read: "Notify,the said Regional Director, in writing, within 10 days from the date of this Order, what steps Respondent has taken to comply herewith." 1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD membership in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act as modified by the Labor-Management Reporting and Disclosure Act of 1959. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act, as amended: (a) Upon request, submit to Automobile Salesmen 's Union of Chicago and Vicinity a statement in writing showing current rates of pay, wages, commissions, bonuses, contests, vacation benefits, hours of employment, and other benefits of employment in effect for new- and used-car salesmen employed by said Fencl-Bogan Chevrolet, Inc. (b) Upon request, bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of all Fencl-Bogan's regularly employed new- and used-car salesmen, including regularly employed part-time sales- men, excluding all other employees and supervisors as defined in the Act, with respect to rates of pay, wages, commissions, bonuses, or contests controlled or administered by Fencl-Bogan, vacation benefits, hours of employment, and other conditions of employment, and embody in a signed agreement any understanding reached. (c) Post immediately at Fencl-Bogan 's Oak Park, Illinois, place of business copies of the attached notice marked "Appendix B." 5 Copies of said notice, to be furnished by the Regional Director for Region 13, after being signed by the Respondent Fencl-Bogan 's representative, shall be posted immediately upon receipt thereof, and be maintained for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent Fencl-Bogan to insure that said notices are not altered, defaced, or covered by any other material. (d) Notify the said Regional Director for Region 13, in writing, within 20 days from the` receipt of this Decision, what steps Respondent Fencl-Bogan has taken to comply with the Recommended Order herein.6 IT is FURTHER RECOMMENDED that, unless the Respondent Fencl-Bogan shall, within the prescribed period, notify the said Regional Director, in writing, that it will comply with the foregoing Recommended Order, the National Labor Relations Board issue its Order requiring the Respondent Fencl-Bogan to take the aforesaid action. C. Superior Motor Sales, Inc., its officers, agents , successors , and assigns , shall: 1. Cease and desist from: (a) Refusing to bargain collectively with Automobile Salesmen's Union of Chi- cago and Vicinity as the exclusive representative of all their regularly employed new- and used-car salesmen at the Chicago, Illinois, location, including regularly employed part-time salesmen , excluding all other employees and supervisors as defined in the Act. (b) Negotiating with the above-named labor organization in bad faith and with no intention of entering into any final or binding collective-bargaining agreement with it. (c) Unilaterally changing existing rates of pay, wages, commissions , bonuses, contests, or other terms or conditions of employment of the employees in the unit described above. (d) Refusing to negotiate and discuss with the above-named labor organization matters relating to rates of pay, wages, commissions, bonuses, or contests admin- istered or controlled by Superior Motor Sales, the duration of the contract, union- security provisions, and related matters. (e) Refusing to meet on request of the above-named labor organization for pur- poses of collective bargaining. (f) Demanding that the Union submit a package contract based on an open shop. 5In the event that the Recommended Order is adopted by the Board, the words "a Decision and Order" shall be substituted for the words "the Recommended Order of a Trial Examiner" In the notice. In the further event that the Board's Order is enforced by a decree of a United States Court of Appeals, the words "a Decree of the United States Court of Appeals Enforcing an Order" shall be substituted for the words "a Decision and Order." 8In the event that the Recommended Order is adopted by the Board, this provision shall be modified to read: "Notify the said Regional Director, in writing, within 10 days from the date of this Order, what steps Respondent has taken to comply herewith." OAK PARK MOTORS, INC. 1039 (g) In any other manner interfering with , restraining , or coercing its employees in the exercise of their right to self-organization , to form labor organizations, to join or assist Automobile Salesmen 's Union of Chicago and Vicinity or any other labor organization , to bargain collectively through representatives of their own choosing, or to engage in concerted activities for the purpose of collective bargain- ing or other mutual aid or protection, or to refrain from any or all of such activi- ties except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act as modified by the Labor-Management Reporting and Disclosure Act of 1959. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act, as amended. (a) Upon request, submit to Automobile Salesmen's Union of Chicago and Vicinity a statement in writing showing current rates of pay, wages, commissions, bonuses, contests , vacation benefits, hours of employment, and other benefits of employment in effect for new- and used-car salesmen employed by said Superior Motor Sales, Inc. (b) Upon request, bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of all Superior Motor's regu- larly employed new- and used-car salesmen, including regularly employed part-time salesmen , excluding all other employees and supervisors as defined in the Act, with respect to rates of pay, wages, commissions , bonuses , or contests controlled or administered by Superior Motor Sales, vacation benefits, hours of employment, and other conditions of employment and embody in a signed agreement any understand- ing reached. (c) Post immediately at Superior Motor's Chicago, Illinois, place of business copies of the attached notice marked "Appendix C." 7 Copies of the said notice, to be furnished by the Regional Director for Region 13, after being signed by the Respondent Superior Motor's representative, shall be posted immediately upon receipt thereof, and be maintained for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent Superior Motor Sales to insure that said notices are not altered, defaced, or covered by any other material. (d) Notify the said Regional Director for Region 13, in writing, within 20 days from the receipt of this Decision, what steps Respondent Superior Motor Sales has taken to comply with the Recommended Order herein.8 IT IS FURTHER RECOMMENDED, that unless the Respondent, Superior Motor Sales, shall, within the prescribed period, notify the said Regional Director, in writing, that it will comply with the foregoing Recommended Order, the National Labor Relations Board issue its Order requiring the Respondent to take the aforesaid action. APPENDIX A NOTICE TO ALL EMPLOYEES Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Rela- tions Act, as amended, we hereby notify our employees that: WE WILL NOT refuse to bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of all our regu- larly employed new- and used-car salesmen at the Oak Park, Illinois, location, including regularly employed part -time salesmen, team leaders, and the truck manager, excluding all other employees, the new-car manager and the used- car manager, and supervisors as defined in the Act. WE WILL NOT negotiate with the above-named labor organization in bad faith and with no intention of entering into any final or binding collective- bargaining agreement with it. WE WILL NOT unilaterally change existing rates of pay , wages, commissions, bonuses, contests , or other terms or conditions of employment of the employ- ees in the unit described above. WE WILL NOT refuse to negotiate and discuss with the above-named labor organization matters relating to rates of pay, wages, commissions, bonuses, or 7 Supra, footnote 3. 8 Supra, footnote 4. 1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD contests controlled or administered by Oak Park Motors, the duration of the tract, union-security provisions, and related matters. WE WILL NOT refuse to meet on request of the above-named labor organiza- tion for purposes of collective bargaining. WE WILL NOT demand that the Union submit a package contract based on an open shop as the only basis for bargaining. WE WILL NOT in any other manner interfere with , restrain , or coerce our employees in the exercise of their right to self-organization , to form labor organizations , to join or assist Automobile Salesmen 's Union of Chicago and Vicinity or any other labor organization, to bargain collectively through repre- sentatives of their own choosing , or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organiza- tion as a condition of employment as authorized in Section 8(a)(3) of the Act as modified by the Labor-Management Reporting and Disclosure Act of 1959. WE WILL, upon request, submit to Automobile Salesmen's Union of Chicago and Vicinity a statement in writing showing current rates of pay , wages, com- mission, bonuses, contests , vacation benefits , hours of employment , and other benefits of employment in effect for new- and used-car salesmen, team leaders, and the truck manager employed by us at the said location. WE WILL, upon request , bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of Oak Park Motors' regularly employed new- and used-car salesmen, including regularly employed part-time salesmen , team leaders , and truck manager, excluding all other employees, the new-car manager and the used-car manager, and super- visors as defined in the Act, with respect to rates of pay, wages , commissions, bonuses, or contests controlled or administered by Oak Park Motors, vacation benefits, hours of employment , and other conditions of employment, and embody in a signed agreement any understanding reached. All our employees are free to become, remain , or refrain from becoming or remaining , members of the above-named labor organization or any other labor organization. OAK PARK MOTORS, INC., Employer. Dated------------------- By-------------------sentative --- ) ---------- ( ---- Title - )------ This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered , defaced , or covered by any other material. If employees have any question concerning this notice or compliance with its provisions , they may communicate directly with the Board's Regional Office, 881 U.S. Courthouse and Federal Office Building , 219 South Dearborn Street, Chicago, Illinois 60604 , Telephone 828-7570. APPENDIX B -NOTICE TO ALL EMPLOYEES Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Rela- tions Act, as amended, we hereby notify our employees that: WE WILL NOT refuse to bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of all our regu- larly employed new- and used-car salesmen at the Oak Park, Illinois, location, including regularly employed part -time salesmen, excluding all other employees and supervisors as defined in the Act. . WE WILL NOT negotiate with the above-named labor organization in bad faith and with no intention of entering into any final or binding collective- bargaining agreement with it. WE WILL NOT unilaterally change existing rates of pay, wages, commissions, bonuses, contests , or other terms or conditions of employment of the employ- ees in the unit described above. WE WILL NOT appear at collective-bargaining meetings by representatives lacking authority to enter into negotiations on all matters with respect to rates OAK PARK MOTORS, INC. 1041 of pay, wages, hours of employment, and other terms and conditions of employment. WE WILL NOT refuse to negotiate and discuss with the above-named labor organization matters relating to rates of pay, wages, commissions, bonuses, or contests controlled or administered by Fencl-Bogan, the duration of the contract, union-security provisions, and related matters. WE WILL NOT refuse to meet on request of the above-named labor organiza- tion for purposes of collective bargaining. WE WILL NOT demand that the Union submit a package contract based on an open shop. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist Automobile Salesmen's Union of Chicago and Vicinity or any other labor organization, to bargain collectively through repre- sentatives of their own choosing, or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organiza- tion as a condition of employment as authorized in Section 8(a)(3) of the Act as modified by the Labor-Management Reporting and Disclosure Act of 1959. WE WILL, upon request, submit to Automobile Salesmen's Union of Chicago and Vicinity a statement in writing showing current rates of pay, wages, com- missions , bonuses, contests , vacation benefits, hours of employment , and other benefits of employment in effect for new- and used- car salesmen , employed by said Fencl-Bogan Chevrolet, Inc. WE WILL, upon request , bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of Fencl- Bogan's regularly employed new- and used-car salesmen, including regularly employed part-time salesmen, excluding all other employees and supervisors as defined in the Act, with respect to rates of pay , wages , commissions, bonuses, or contests controlled or administered by Fencl -Bogan, vacation bene- fits, hours of employment, and other conditions of employment, and embody in a signed agreement any understanding reached. All our employees are free to become , remain , or refrain from becoming or remaining , members of the above-named labor organization or any other labor organization. FENCL-BOGAN CHEVROLET, INC., Employer. Dated------------------- By------------------------------------------- (Representative ) (Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. If employees have any question concerning this notice or compliance with its provisions , they may communicate directly with the Board 's Regional Office, 881 U.S. Courthouse and Federal Office Building, 219 South Dearborn Street, Chicago, Illinois 60604, Telephone 828-7570. APPENDIX C NOTICE TO ALL EMPLOYEES Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board , and in order to effectuate the policies of the National Labor Rela- tions Act, as amended, we hereby notify our employees that: WE WILL NOT refuse to bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of all our regu- larly employed new- and used-car salesmen at the Chicago, Illinois, location, including regularly employed part-time salesmen , excluding all other employees and supervisors as defined in the Act. WE WILL NOT negotiate with the above-named labor organization in bad faith and with no intention of entering into any final or binding collective- bargaining agreement with it. 264-188-67-vol. 161-67 1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL NOT unilaterally change existing rates of pay, wages, commissions, bonuses, contests, or other terms or conditions of employment of the employ- ees in the unit described above. WE WILL NOT refuse to negotiate and discuss with the above-named labor organization matters relating to rates of pay, wages, commissions, bonuses, or contests administered or controlled by Superior Motor Sales, the duration of the contract, union-security provisions, and related matters. WE WILL NOT refuse to meet on request of the above-named labor organiza- tion for purposes of collective bargaining. WE WILL NOT demand that the Union submit a package contract based on an open shop. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist Automobile Salesmen's Union of Chicago and Vicinity or any other labor organization, to bargain collectively through repre- sentatives of their own choosing, or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organiza- tion as a condition of employment as authorized in Section 8(a)(3) of the Act as modified by the Labor-Management Reporting and Disclosure Act of 1959. WE WILL, upon request, submit to Automobile Salesmen's Union of Chicago and Vicinity a statement in writing showing current rates of pay, wages, com- missions , bonuses, contests, vacation benefits, hours of employment, and other benefits of employment in effect for new- and used-car salesmen employed by us at the said location. WE WILL, upon request, bargain collectively with Automobile Salesmen's Union of Chicago and Vicinity as the exclusive representative of our regularly employed new- and used-car salesmen, excluding all other employees, and supervisors as defined in the Act, with respect to rates of pay, wages, com- missions, bonuses, or contests controlled or administered by Superior Motor Sales, vacation benefits, hours of employment, and other conditions of employment, and embody in a signed agreement any understanding reached. All our employees are free to become, remain, or refrain from becoming or remaining , members of the above-named labor organization or any other labor organization. SUPERIOR MOTOR SALES, INC., Employer. Dated------------------- By------------------------------------------- (Representative) (Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. If employees have any question concerning this notice or compliance with its provisions, they may communicate directly with the Board's Regional Office, 881 U.S. Courthouse and Federal Office Building, 219 South Dearborn Street, Chicago, Illinois 60604, Telephone 828-7570. Ador Corporation and General Truckdrivers , Warehousemen & Helpers Union Local 235, International Brotherhood of Teamsters , Chauffeurs, Warehousemen & Helpers of America. Case 21-CA-6858. November 15, 1966 DECISION AND ORDER On July 18, 1966, Trial Examiner George L. Powell issued his Decision in the above-entitled proceeding, finding that the Respond- 161 NLRB No. 89.