Oil Chemical & Atomic Workers Local 1-128

National Labor Relations Board - Board Decisions

Sep 22, 1977

232 N.L.R.B. 271 (N.L.R.B. 1977)

OIL, CHEMICAL AND ATOMIC WORKERS, LOC. NO. 1-128
Oil, Chemical and Atomic Workers International
Union, AFL-CIO, and its Local No. 1-128 and
Noble Construction and Maintenance Company,
Inc. Case 21-CB-5780
September 22, 1977
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND MURPHY
On May 25, 1977. Administrative Law Judge
George Christensen issued the attached Decision in
this proceeding. Thereafter, Respondents filed excep-
tions and a supporting 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
authority in this proceeding to a three-member panel.
The Board has considered the record and the
attached Decision in light of the exceptions and brief
and has decided to affirm the rulings, findings, and
conclusions of the Administrative Law Judge and to
adopt his recommended Order, as modified herein.'
The Administrative Law Judge found, and we
agree, that Respondents violated Section 8(b)(l)(A)
and 8(b)(2) of the Act in the operation of their hiring
hall. As found by the Administrative Law Judge,
Respondents required applicants to pay union
initiation fees prior to referring them for employ-
ment. This was contrary to the contract between
Respondents and the Charging Party which provided
that initiation fees need not be paid until after 30
days of employment (defined as 240 straight-time
working hours) and, of course, was also contrary to
the proviso of Section 8(a)(3) of the Act.2
To remedy the violations, the Administrative Law
Judge provided that Respondents jointly and several-
ly reimburse initiation fees to all individuals who
were referred or hired after February 2, 1976 (6
months prior to the filing of the charge), without
regard to whether those employees eventually
worked the required 240 straight-time hours and
would thus have been required to pay the initiation
fee in any event. Since the reimbursement of
initiation fees is intended to be a remedial rather
than punitive measure,3 we do not agree that
reimbursement to those who worked the required 30
days or 240 straight-time working hours is proper. 4
We shall modify the recommended order of the
Administrative Law Judge accordingly.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
232 NLRB No. 32
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge as
modified below and hereby orders that the Respon-
dents, Oil, Chemical and Atomic Workers Interna-
tional Union, AFL-CIO, and its Local No. 1-128,
Long Beach, California, their officers, agents, and
representatives, shall take the action set forth in the
said recommended Order as so modified:
i. Substitute the following for paragraph 2(a):
"(a) Jointly and severally reimburse each employee
referred to a job since February 2, 1976, and each
employee hired on a job since February 2. 1976, the
initiation fee paid by such employee, with interest
thereon to be computed in the manner prescribed in
F. W. Woolworth Co., 90 NLRB 289 (1950), and
Florida Steel Corporation, 231 NLRB 651 (1977),5
unless such employee subsequently worked for 30
days or 240 straight-time working hours."
2. Substitute the attached notice for that of the
Administrative Law Judge.
I Interest on initiation fees shall be computed as set forth in Florida Steel
Corporation. 231 NLRB 651 (1977). In accordance with that decision. we
shall apply the current 7-percent rate for periods prior to August 25. 1977. in
which the "adjusted pnme rate" as used by the Internal Revenue Service in
calculating interest on tax payments was at least 7 percent.
2 Respondents have not excepted to this finding.
B3 ooth Services, Inc., 206 NLRB 862 (1973). enfd. in relevant part 516
F.2d 949 (C.A. 5. 1975).
4 Campbell Soup Company. 152 NLRB 1645 (1965). enl'd. 378 F.2d 259
(C.A. 9 1967): Zidell Explorations, Inc., 175 NLRB 887 (1969).
See, generally. Isis Plumbing d Healing Co., 138 NLRB 716 (1962).
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has ruled that
we violated the National Labor Relations Act, as
amended, by requiring persons who sought and
secured employment with employers with whom we
have collective-bargaining agreements covering them
to fill out and sign applications for union member-
ship and pay initiation fees before they completed 30
days or 240 hours of straight-time work and ordered
us to stop this practice and to reimburse employees
who were forced to pay an initiation fee to us prior to
the time they were required by law to do so, and to
advise you that:
WE WILL NOT require persons employed by
employers with whom we have collective-bargain-
ing agreements to fill out and sign an application
for union membership or pay an initiation fee
prior to the time they have completed 30 days or
240 straight-time working hours of employment.
WE WILL reimburse every person who paid us
an initiation fee since February 2. 1976. the
271
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
amount he or she paid, with interest, unless such
person subsequently worked for 30 days or 240
straight-time working hours.
WE WILL advise each person referred to or
employed by an employer with whom we have a
collective-bargaining agreement that he or she is
not required to fill out and sign an application for
union membership and pay an initiation fee until
he or she has completed 30 days or 240 hours of
straight-time employment, but that he or she will
have to so pay thereafter to remain employed.
OIL, CHEMICAL AND
ATOMIC WORKERS
INTERNATIONAL UNION,
AFL-CIO
LOCAL 1-128, OIL,
CHEMICAL AND ATOMIC
WORKERS INTERNATIONAL
UNION, AFL-CIO
DECISION
STATEMENT OF THE CASE
GEORGE CHRISTENSEN, Administrative Law Judge: On
February 1, 1977, I conducted a hearing at Los Angeles,
California, to try issues raised by a complaint issued on
October 4, 1976,' based upon a charge and an amended
charge filed by Noble Construction and Maintenance
Company, Inc.,2 on August 2 and September 26. The
complaint alleged Oil, Chemical and Atomic Workers
International Union, AFL-CIO, and its Local No. 1-128, 3
followed practices in the operation of a hiring hall designed
to coerce employees into joining and paying initiation fees
prior to the expiration of the grace period provided in the
union-security and hiring-hall agreements between the
Unions and Noble (and other employers), thereby violating
Section 8(b)(1)(A) and (2) of the National Labor Relations
Act, as amended (hereafter called the Act). Counsel for the
General Counsel seeks as a remedy for the alleged violation
reimbursement of all initiation fees paid by new hires from
February 2 to the date the Unions ceased or cease their
coercive practices. 4 The Unions deny following any
practices in operation of the hiring hall in violation of the
Act; deny the International is liable for any of the acts
alleged to constitute unfair labor practices; and contend
any remedy should not include employees who voluntarily
joined and tendered initiation fees within the grace period.
The issues are: (I) Whether the Unions followed
practices in operation of the hiring hall designed to coerce
employees into joining and paying initiation fees prior to
the expiration of the grace period contained in agreements
between the Unions and the Company (and other employ-
ers); (2) if so, whether such practices violated Section
I Read 1976 after all further date references omitting the year.
2 Hereafter called Noble or the Company.
I Hereafter called the International and the Local, respectively, or, when
jointly referred to, the Unions.
8(b1))(A) and (2) of the Act; (3) if so, whether the Local
and the International are jointly liable; and (4) the
appropriate remedy.
The parties appeared by counsel at the hearing and were
afforded full opportunity to produce evidence, examine
and cross-examine witnesses, argue, and file briefs. A brief
has been received from the Unions (counsel for the
General Counsel argued orally on the record immediately
prior to the close of the hearing).
Based upon my review of the entire record, observation
of the witnesses, perusal of the brief, and oral argument, I
enter the following:
Findings of Fact
I. JURISDICTION AND LABOR ORGANIZATION
The complaint alleged, the answer admitted, and I find
the Company at all times pertinent was a California
corporation engaged in the business of providing refinery
and chemical plant maintenance services and operated a
facility located at Long Beach, California; that, during the
12-month period previous to the issuance of the complaint,
in the normal course and conduct of its business opera-
tions, the Company performed services valued in excess of
$50,000 for customers located within the State of California
and each customer during the same period of time either
purchased and received goods valued in excess of $50,000
directly from suppliers located outside of the State of
California or sold and shipped goods and products valued
in excess of $50,000 directly to customers located outside
the State of California; and that, based upon the foregoing,
at all times pertinent the Company was an employer
engaged in commerce in a business affecting commerce
within the meaning of Section 2(6) and (7) of the Act. The
complaint further alleged, the answer admitted, and I find
at all times pertinent the International and Local were
labor organizations within the meaning of Section 2(5) of
the Act.
fl. THE ALLEGED UNFAIR LABOR PRACTICES
A. Facts
On February 11, 1974, the Company, the International,
and the Local executed a contract by their authorized
representatives for a term extending from the date of
execution to February 1, 1977. Under article III, section 1
of the agreement, each new employee was required to
become and remain a member of the Unions after 30 days
of cumulative employment, defined as 240 straight-time
hours worked. Under article XV, section 12 of the
agreement, the Unions agreed to establish and maintain
open and nondiscriminatory employment lists at their
hiring hall for use of workmen desiring employment on
work covered by the agreement with the names of such
workmen entered on such lists in the order in which they
4 February 2 was selected as the beginning date because Sec. 10(b) of the
Act precludes ordering such reimbursement prior to that time (6 months
prior to filing of the original charge).
272
OIL, CHEMICAL AND ATOMIC WORKERS, LOC. NO. 1-128
presented themselves. In that same article, the Company
agreed whenever it required employees it would first 5 call
upon the Union to furnish workmen to it. Article III also
provided the selection of applicants for job referral would
not be based on, or in any way affected by, union
membership or any aspects or obligation of union member-
ship, policies, or requirements.
To carry out its responsibilities under the terms of the
above contract (and similar contracts with other employers
in the same or related business) the Unions maintained a
hiring hall in Long Beach, California. At various times
representatives of both the Local and the International
dispatched or referred skilled and unskilled employees to
the Company and other contractors for work at jobsites
where such contractors were performing work pursuant to
requests for workmen from the Company and other
contractors.
Different practices were followed at the hall in the
dispatch of skilled workers from those followed in
dispatching unskilled workers. When an applicant ap-
peared at the hiring hall and requested employment as a
skilled employee or craftsman, he was given an application
for employment (which contained boxes for his name,
address, telephone number, social security number, date of
birth, driver's license number, marital status, education,
previous experience, names of previous employers, wage
scales in previous employment, and personal references),
and an application for union membership (which con-
tained boxes for his name, address, and telephone number,
stated he requested membership, agreed to attach the
requisite initiation fee, and authorized the Union to
represent him for collective-bargaining purposes). The
applicant was requested to complete the above-described
documents, to secure a letter from a previous employer
attesting that the applicant possessed sufficient experience,
skill, and knowledge to work in the skilled category in
which he sought employment, and to then return with the
completed applications, the requisite initiation fee, and the
letter. Upon receipt of the foregoing, the applicant was
furnished a card stating he was a craftsman or skilled
worker within the craft specified, registered for employ-
ment, and was given a referral slip addressed to an
employer when such employer requested an employee in
the craft and the applicant's name had been reached on the
registration list for the craft in question (where such names
were listed in chronological order).6
At times pertinent there was a surfeit of unskilled
employees (classified as helpers/laborers) desiring to
register for employment. The Union therefore closed its
register to nonmembers and instead opened a book on a
day-to-day basis in which unskilled applicants could place
their names, in order of their daily appearance at the hiring
hall, for dispatch if needed that day. When it appeared
likely there were sufficient calls to employ all member
registrants and an additional number, the persons listed on
5 The Company had the right under the agreement to hire directly in the
event the Unions were unable to supply requested employees.
r At times pertinent to this proceeding there was a brisk demand for
skilled workers and a shortage of such workers so qualified: thus, skilled
applicants were quickly dispatched.
? The Local's dispatcher. Richard Dixon, so testified. The complaint
alleged, the answer admitted, and I find at all times pertinent Dixon was
the daily book that day, in chronological order, were
furnished the job and membership applications described
above, requested to complete the two documents and
return with the completed documents and the requisite
initiation fee. Upon returning with the completed docu-
ments and the requisite initiation fee, the applicant was
given a referral slip addressed to an employer who had
requested an unskilled workman.
It is undisputed that the employers who were parties to
hiring-hall and union-security agreements with the Unions
would not put applicants to work unless they had a referral
slip from the Unions (except in cases where the Unions
were unable to supply the requested help). 7
The testimony of three witnesses establishes the fact that
the Unions followed the above-described procedures
during the 6 months prior to the filing of the initial charge
in this proceeding. Robin Thomas testified that, following
his signing of the daily register at the hiring hall in July, he
was called to the window or desk at the hiring hall by
Gloria Beltran, 8 told there was a job available for him,
given two applications (employment and membership) to
complete, and instructed to complete the applications and
return them accompanied by a $13.54 initiation fee; that he
completed the applications, gave the completed applica-
tions and $13.54 to Dixon, and Dixon then gave him a
referral slip addressed to United Engineering Company for
work at an Atlantic Richfield Oil Company refinery, where
he worked for 1-1/2 days and was laid off.9 Thomas
testified neither Beltran nor Dixon informed him he did
not have to join the Unions or pay an initiation fee until
after he had been employed for 240 straight-time working
hours.
Jill Keener testified she saw Dixon at the hiring hall in
May and asked what she would need to secure work as a
helper/laborer; Dixon replied she would need a pair of
Levi's, a long-sleeved shirt, and a pair of boots, that she
would have to appear daily and sign the book, and that, if
and when she was called for work, she would have to pay
$13.54. She testified she appeared several times at the hall
thereafter, each time signing the book, and was called for
employment on June 15; that she had previously secured
and completed an employment application and took it to
Dixon; that he glanced at it, handed it back to her, and
gave her a union membership application to complete: that
she filled in the membership application and took the two
completed applications back to Dixon; that he said
"$13.54"; that she handed him $20; and that he gave her
the requisite change and a referral slip. Keener also
testified Dixon did not advise her she did not have to join
the Unions or pay an initiation fee until she had worked
240 straight-time working hours. Keener further testified
that in May she heard another job applicant ask Dixon if
she had to pay the initiation fee before she could secure a
job and heard Dixon respond affirmatively (she remem-
bered the incident particularly because the applicant, a
employed by the Local as a dispatcher and was a supervisor and agent of the
Local acting on its behalf.
M The parties stipulated and I find at all times pertinent Beltran was
Dixon's secretary.
I It is undisputed that a high proportion of the employees dispatched
from the hiring hall fail to complete 240 hours of straight-time work prior to
layoff
273
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
friend of hers, asked her for a loan of $13.54 and she was
unable to supply it). Keener also testified she heard a
similar exchange between Dixon and a second job
applicant in June.
Paul Crane, the Company's personnel manager, corrobo-
rated the testimony of Thomas and Keener. He testified
one of his duties was to secure personnel to man jobs the
Company contracted to perform at varying jobsites for
chemical plants and refineries; that in the course of his
duties, he regularly visited the hiring hall (averaging once
per week over several years immediately previous to his
testimony); that he visited the hall to interview prospective
referrals for employment by the Company, to discuss safety
problems with the Unions, to discuss rules and regulations
with the Unions, etc.; that he overheard exchanges
between Dixon and job applicants 15 to 20 times; that he
specifically recalled, when he was at the Unions' office in
October 1975 in response to a call from Walter von Wald 10
to interview a craftsman and see if he was qualified to
perform work the Company desired, he interviewed the
applicant (Ernest Jackson) and told von Wald that Jackson
was satisfactory; that he saw von Wald give Jackson some
forms to fill out: that he saw Jackson return the completed
forms to von Wald and give von Wald some money; that
Jackson then came to him for further instructions, at which
time he asked Jackson why he paid money to von Wald;
that Jackson replied von Wald told him he had to join the
Unions before he could be dispatched; that he told Jackson
he didn't have to join the Unions until he worked 240
straight-time working hours; that Jackson replied that
wasn't what von Wald told him; that he went to von Wald
and pointed out to von Wald the company-unions'
contract provided new employees did not have to join the
Unions until they completed 240 straight-time working
hours of employment and Jackson informed him von Wald
required him to join the Unions before he could start work;
that this was a violation of the contract and, since the
Company had to comply with the contract, so did the
Unions; and that von Wald replied it was none of his
business how the Unions ran the hiring hall and to keep his
nose out of it. Crane also testified in February, while he
was in the hiring hall, that he heard Dixon instruct
applicants for employment to fill out the two applications
(employment and membership) and return them with the
requisite initiation fee," after which they would be
dispatched to jobs: that in May, in the course of reviewing
a job applicant's qualifications for employment by the
Company, he informed the applicant he was qualified,
advised him to secure a referral slip from the Unions, and
told him he did not have to join the Unions until he had
been employed for 240 straight-time working hours; and
"I The parties stipulated and I find von Wald was employed by the
International as an International representative and was an agent of both
the International and the Local acting on their behalf.
" $13.54 for helper/laborer; $16.33 for craftsman (which covered both
the initiation lee and the first month's dues). The regular dues were the same
amount each month thereafter.
*2 The parties stipulated and I find that at times pertinent Braughton was
secretar)-treasurer ot' the L ocal and an agent of both the L ocal and the
InteT national.
":l Crane testified on several occasions he hired "at the gate" when the
Unions were unable to refer personnel to meet hisjob requirements.
" As noted abose. the membership application lorm requires that the
initiation lee he "attached" to it for submission to the It nions
that the employee in question subsequently complained to
him the dispatcher would not give him the referral slip until
he paid an initiation fee. Crane further testified he noted in
June that, while he was in the hiring hall, Dixon was still
requiring job applicants to tender job and union member-
ship applications and an initiation fee prior to receiving
referral slips. Crane also testified that in late 1975 or early
1976 William Braughton 12 gave him a stack of job and
membership applications and told Crane to have each man
he hired directly 13 complete both forms before hire and to
bring them to the hiring hall; 14 that he stated there was no
need to have the employee complete the union membership
application and bring it in until the employee had 240
straight-time hours and suggested he simply ask the
employee to execute a checkoff authorization on comple-
tion of 240 hours of straight-time employment and remit
the requisite initiation fee and dues for each month
subsequent thereto; that Braughton replied each new hire
must be a union member prior to employment, since this
was the only way the Unions could eliminate "floaters"
and "freeloaders," 5 and repeated von Wald's injunction to
keep his nose out of the way the Unions ran the hiring hall.
Both Crane and Raymond Stager, the Company's
general manager, testified that in numerous grievance and
negotiation meetings throughout 1976 the Unions were
represented by von Wald and Arthur Maxwell; 16 that the
Company complained repeatedly of the Unions' practice of
requiring job applicants to join the Unions prior to
referral; and that Maxwell and von Wald consistently
replied with a statement it was none of the Company's
business.
While Beltran was present in the hearing room, she was
not called by the Unions to refute Thomas' testimony
concerning the verbal exchange between them. Dixon was
the only witness produced by the Unions to rebut the
evidence adduced by the General Counsel (though Dixon
also was called as an adverse witness in the General
Counsel's presentation of his case in chief). Dixon did not
dispute the testimony of Thomas, Keener, and Crane
concerning the actions and statements attributed to him by
those witnesses. He confined his rebuttal testimony to
statements that, since the original charge was filed in this
case (August 2), no representatives or employees of the
International have participated in or controlled the
operation of the hiring hall, applicants have been asked if
they want to join the Unions or not (though still not told
they do not have to join the Unions until they have
completed 240 hours of straight-time for their employer),
and in October seven helper/laborers were dispatched
despite the fact they did not tender an initiation fee prior to
their dispatch. On cross-examination, Dixon conceded
', It was explained by Dixon that the Unions considered employees who
were laid off or left their jobs prior to completion of 240 straight-time hours
of work without joining the Unions as "chiselers" or "floaters" or "free-
loaders" in that they did not pay anything to the Unions during their
employment, which the Unions thought unfair. Dixon corroborated Crane's
testimony in that he testified he was instructed by Braughton to secure a
completed membership application (and "attached" irutiation fee) prior to
dispatching all job applicants.
i" The parties stipulated and I find at times matenal Maxwell was
employed by the International Union as an International representative and
was an agent acting on behalf of the International and the L.ocal.
274
OIL, CHEMICAL AND ATOMIC WORKERS, LOC. NO. 1-128
4rthur Maxwell was regularly assigned by the Internation-
al to work with the Local in administering its affairs and at
the time he testified (February 1977) four representatives of
the International were so assigned. Stager testified without
contradiction on surrebuttal that the Unions required that
he deal only with representatives of the International
concerning the Company's complaints over the operations
of the hiring hall and that he frequently discussed such
complaints with Maxwell 17 both before and after August 2.
In the absence of any refutation of the testimony of
Thomas, Kenner, Crane, and Stager, the corroboratory
nature of that testimony, and their convincing demeanor
on the stand, I credit such testimony. I also credit Dixon's
testimony as set forth above.
B. Analysis and Conclusions
1. The coercion issue
Findings have been entered above that the Unions at
times pertinent required each applicant who appeared at
the hiring hall seeking employment to complete and
execute an application for membership and (as required by
such application) tender an initiation fee prior to dispatch
or referral to a job.
Findings have also been entered that the agreements in
effect at the same time between the Unions and the
employers who utilized the hiring hall to secure workers
did not require such new hires to join or tender an
initiation fee to the Unions until they completed 30 days of
employment, defined as 240 straight-time hours of employ-
ment. '
The Unions' policy was clearly coercive and I so find.
Such policy had the obvious effect of exacting an initiation
fee from each job applicant as a price for securing the job,
without regard to his contractual and statutory right to
refrain from joining and paying an initiation fee until he at
least was employed for 30 days or 240 straight-time
working hours.
2. The violation issue
The Board and the courts have consistently held that
unions (and employers) who followed policies designed to
coerce employees into joining and paying initiation fees to
the unions prior to employee completion of 30 days of
employment thereby violated Section 8(b)(IXA) and (2) of
the Act.'9
I therefore find that the Unions violated Section
8(b)(l)(A) and (2) of the Act by following the practice or
policy of requiring applicants for employment at the hiring
hall to join and pay an initiation fee to the Unions before
they could be referred or dispatched to a job.
7 Maxwell was instrumental in setting up the hiring hall and the
procedures followed therein.
I' In compliance with Sec. 8(a)(3) of the Act. which bars an employer
from entering into any agreement conditioning employment on the
acquisition of union membership until after an employee has been in his
employment for 30 days.
19 N.L.R.B. v. Cadillac Wire Corp.. 290 F 2d 261 (C.A. 2. 1961,. enfg. 128
NLRB 1002 (1960); N.L.R.B. v. Filtron Co., Inc., 309 F2d 184 (C.A. 2,
1962), enfg. 134 NL.RB 1691 (1961); (ampbell Soup Compan,. 378 F.2d 259
(C.A. 9, 1967),. enlg. 152 NLiRB 1645 (1965). cert. denied 389 U.S. 900:
3. The liability of the International
Findings have been entered above that agents of the
International both planned and administered the practices
found violative of the Act and defended their use in
discussions with the Company wherein the Company
protested same. In similar circumstances, the Board has
held the international union is jointly liable with the local
for the violation.2 0 I therefore find and conclude that the
International is jointly liable with the Local for the unfair
labor practice found above.
CONCLUSIONS OF LAW
I. At all pertinent times the Company was an employer
engaged in commerce within the meaning of Section 2(2).,
(6), and (7) of the Act, and the Unions were labor
organizations within the meaning of Section 2(5) of the
Act.
2. The Unions violated Section 8(b)(1)(Aj and (2) of
the Act by requiringjob applicants to join them and pay an
initiation fee to them as a condition to receiving a referral
or dispatch to ajob from the Unions' hiring hall.
3. The Local and the International are jointly liable to
remedy the above unfair labor practice.
4. The aforesaid unfair labor practice affects interstate
commerce.
THE REMEDY
As noted heretofore, the General Counsel seeks an order
directing the Unions to reimburse all persons referred to
jobs by the Unions from the hiring hall since February 2
for the initiation fee exacted from them prior to their
referral or dispatch to a job, with interest thereon. while the
Unions contend any order issued should not extend to
employees who voluntarily paid the, requisite initiation fee
prior to referral or dispatch. In the leading case cited
heretofore, Campbell Soup Co., supra, the remedy sought by
the General Counsel was directed; it shall be directed here
as well, inasmuch as it appears appropriate to remedy the
unfair labor practice committed and make the affected
employees whole for the violation of their statutory and
contractual rights.
I therefore shall recommend the Board direct the
Unions, both jointly and severally, to reimburse all
applicants referred from the hiring hall since February 2
their initiation fee, with interest thereon at the rate of 6
percent per annum. I shall also recommend the Unions be
directed to cease and desist from requiring applicants for
employment at the hiring hall to complete an application
for union membership and to pay an initiation fee before
they may be dispatched or referred for employment and to
affirmatively advise each such applicant upon dispatch he
Western Building Maintenance Company, 402 F.2d 775 (C.A. 9, 1968)., enlg
162 NLRB 778 (1967).
o0 Local 3606, Communication Workers of Amerca .4FI ('10 (loicte(,
Incorporated), 212 NLRB 768 (1974); Local Lodge No 4) Internaii'onal
Brotherhood of Boilermakers, Iron Shipbuilders. Blacksnmirtks. frgers and
Helpers. AFL-CIO (Rilec-Stoker Construction Co.). 197 NRB 738 ( 1972):
International Union, United Automobile. 4erospacei and Agricuilzural Iimp&l
ment Workers, and its Local NVo 422 (W L. Cro Cotntructiin (;Cotnpam). 192
NLRB 808 ( 1971).
275
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is not required to join the Unions or to pay an initiation fee
until he has completed 240 hours of straight-time work, but
that after such time he is required to pay the initiation fee
to continue in his employment. I shall also recommend
posting of appropriate notices where notices to members
are customarily posted, at the Unions' offices, hiring and
meeting halls, and on bulletin boards maintained for
employees at the premises of employers with whom the
Unions have contractual relations, provided such employ-
ers do not object thereto.
Upon the foregoing findings of fact, conclusions of law,
and the entire record, and pursuant to Section 10(c) of the
Act, I issue the following recommended:
ORDER 21
The Unions, Oil, Chemical and Atomic Workers Interna-
tional Union, AFL-CIO, and its Local No. 1-128, Long
Beach, California, their officers, agents, and representa-
tives, shall:
1. Cease and desist from requiring job applicants or
new hires to complete union membership applications and
to tender initiation fees prior to their completion of 240
hours of work at straight time.
2. Take the following affirmative actions designed to
effectuate the purposes of the Act:
(a) Jointly and severally reimburse each employee
referred to a job since February 2, 1976, and each
employee hired on a job since February 2, 1976, the
initiation fee paid by such employee, with interest thereon
at 6 percent per annum dating from the date such fee was
paid by the employee.
21 In the event no exceptions are filed as provided by Sec. 102.46 of the
Rules and Regulations of the National Labor Relations Board, the findings,
conclusions, and recommended Order herein shall, as provided in Sec.
102.48 of the Rules and Regulations, be adopted by the Board and become
its findings, conclusions and Order, and all objections thereto shall be
deemed waived for all purposes.
(b) Preserve and, upon request, make available to the
Board or its agents, for examination and copying, all
membership, initiation fee, dues, and referral records, and
all other records necessary to determine the identity and
addresses and amounts exacted from employees affected
by the recommended Order.
(c) Advise each person referred to a job with, or newly
hired by, an employer with whom the Unions have
contractual relations that he or she does not have to join
the Unions or pay an initiation fee to them until he or she
has completed 240 hours of straight-time work, but that he
or she must so pay after completion of that work period.
(d) Post at their Long Beach, California, offices, hiring
hall, and meeting rooms and employee bulletin boards
maintained by employers with whom the Unions have
contractual relations (with employer consent) copies of the
attached notice marked "Appendix." 22 Copies of the
notice, on forms provided by the Regional Director for
Region 21, after being signed by authorized representatives
of the Unions, shall be posted by them immediately upon
receipt thereof and maintained thereafter for 60 consecu-
tive days in conspicuous places, including all places where
notices to members are customarily posted in the Unions'
offices, hiring hall, meeting places, and company bulletin
boards. Reasonable steps shall be taken by the Unions to
insure the notices are not defaced, altered, or covered by
other material.
(e) Notify the Regional Director for Region 21, in
writing, within 20 days from the date of this Order, what
steps the Unions have taken to comply herewith.
22 In the event that the Board's Order is enforced by a Judgment of a
United States Court of Appeals, the words in the notice reading "Posted by
Order of the National l.abor Relations Board" shall read "Posted Pursuant
to a Judgment of the United States Court of Appeals Enforcing .aii Order of
the National Labor Relations Board."
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