Sun Oil Co. of Pennsylvania

National Labor Relations Board - Board Decisions

Mar 25, 1977

228 N.L.R.B. 1063 (N.L.R.B. 1977)

SUN OIL CO. OF PA. 1063
Sun Oil Company of Pennsylvania and Oil , Chemical
& Atomic Workers International Union, and its
Local 7(aka Local 7-937), AFL-CIO. Case 25-
CA-7676
March 25, 1977
DECISION AND ORDER
By CHAIRMAN MURPHY AND MEMBERS
FANNING AND JENKINS
On October 12, 1976, Administrative Law Judge
Almira Abbot Stevenson issued the attached Deci-
sion in this proceeding. Thereafter, counsel for
Respondent filed exceptions and a supporting brief,
counsel for the Union filed an answering brief to
Respondent's exceptions, and counsel for the Gener-
al Counsel filed a brief in support of the Administra-
tive Law Judge's Decision.
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
briefs and has decided to affirm the rulings, findings,
and conclusions of the Administrative Law Judge
and to adopt her recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended , the National Labor
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge and
hereby orders that the Respondent , Sun Oil Compa-
ny of Pennsylvania , Clermont , Indiana , its officers,
agents , successors , and assigns , shall take the action
set forth in the said recommended Order.
DECISION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I. JURISDICTION
The Respondent is a Pennsylvania corporation which
maintains the facility here involved at Clermont, Indiana,
and places of business in several States where it is engaged
in the purchase, manufacture, refining, and wholesale and
retail sale of petroleum products. During the past year, the
Respondent derived gross revenues in excess of $500,000
from its operations; and transferred products valued in
excess of $50,000 from its Clermont, Indiana, facility
directly to States other than Indiana, and received goods
valued in excess of $50,000 at the facility directly from
States other than Indiana. The Respondent admits, and I
conclude, that it is an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the National
Labor Relations Act, as amended.
H. LABOR ORGANIZATIONS
The Respondent admits , and I find, that Oil, Chemical &
Atomic Workers International Union, AFL-CIO (herein
called the International or OCAWIU), its Local 7 (subse-
quently Local 7-937), and Independent Drivers and
Warehousemen's Association of Indianapolis, herein called
the Independent, are labor organizations within the
meaning of Section 2(5) of the Act.
In. UNFAIR LABOR PRACTICES
A. Facts I
The complaint alleges that the Respondent unlawfully
refused to bargain with Local 7, subsequently Local 7-937,
of the Oil, Chemical & Atomic Workers International
Union, AFL-CIO, after September 14, 1975, as the
successor of Independent Drivers and Warehousemen's
Association of Indianapolis, in the appropriate unit, and
unlawfully refused to continue in effect all provisions of the
collective-bargaining agreement including the union-secu-
rity clause. The Respondent denies that Local 7 (Local 7-
937) is the successor of the Independent, denies that it has
an obligation to continue the contract, and denies that it
has refused to bargain with Local 7-937.
The Independent was certified by the National Labor
Relations Board on September 28, 1970, as the exclusive
bargaining representative of the following appropriate
unit:
STATEMENT OF THE CASE
ALMIRA ABBOT STEVENSON , Administrative Law Judge:
This case was heard in Indianapolis , Indiana, on July 1 and
2, 1976. The charge was filed and served on the Respon-
dent on January 21, 1976 ; the complaint was issued on
March 31, 1976.
Upon the entire record , including my observation of the
demeanor of the witnesses, and after due consideration of
the briefs filed by the Respondent and the General
Counsel , I make the following:
All operating employees including transport drivers,
maintenance and garage mechanics, warehousemen
and dispatchers employed at the Respondent's Cler-
mont, Indiana facility exclusive of all office clerical
employees, the warehouse superintendent, guards, sales
employees, professional employees and all supervisors
as defined in the Act.
Thereafter the Respondent entered into successive collec-
tive-bargaining agreements with the Independent covering
this unit. The most recent agreement bears the effective
I Except where specifically discussed , the facts are uncontroverted.
228 NLRB No. 129
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dates of January 1, 1974, through December 31, 1976, and
contains checkoff and union-security provisions . When the
events with which we are here concerned began to unfold,
and throughout the preliminary period, all employees in
the unit were members of the Independent.
Beginning in the spring of 1974, Donald Cox, the
president of the Independent , met on several occasions
with Tony Hall, a project director of the International, and
discussed with him various matters of contract administra-
tion of concern to Cox. On February 23, 1975 , pursuant to
an invitation of the members of the Independent, Hall
attended their regular meeting and the question of
affiliation, including the International 's dues structure, was
discussed. President Cox, not being particularly in favor of
affiliation, pointed out what he considered both good and
bad sides of the question. After voting at a regular
membership meeting on June 8 , 1975, to have the president
find out more about affiliation, the members continued to
discuss the matter and, in July, Independent Secretary Guy
Goldsberry took a poll on whether they wished to invite a
representative of the International to attend another
meeting. A majority answering in the affirmative , Golds-
berry posted a notice, with a copy to each member, 2 weeks
in advance , that affiliation would be discussed with a
representative of the International , and a vote would be
taken at the regular membership meeting to be held August
10, 1975, at 2 p.m.
Thereafter, W. R. Hill, the Respondent's district manag-
er and the highest ranking supervisory employee at its
Clermont terminal, invited all operations personnel to a
meeting with management representatives on Wednesday,
August 6, 1975, during working hours. At that meeting,
which Hill attended , management representatives inquired
of the employees whether they had any problems which
would cause them to affiliate with OCAWIU and pointed
out some of the provisions of the International's bylaws.
At the August 10 meeting of the Independent , a motion
to table the vote for 30 days carried, and after adjournment
the members remained for several hours' discussion of
affiliation, including dues, with International Project
Director Hall and Staff Representative Lester Lasbury.
On September 2, the Independent posted another notice,
copies of which were sent to each member by certified
mail, calling a special membership meeting on Sunday,
September 14, J975, at 2:30 p.m., for the purpose of taking
a vote on affiliating with the International, and advising
that members unable to attend could cast absentee ballots
upon application to President Cox. International Staff
Representative Lasbury provided President Cox with
approximately 60 printed ballots with boxes for marking
yes or no to the question,
Are you in favor of the affiliation of the Independent
Drivers and Warehousemen's Association of Indianap-
olis with the Oil, Chemical and Atomic Workers
International Union (AFL-CIO)?
Three members applied for absentee ballots, which were
mailed to them and returned to the chairman of the three-
man election committee, appointed by the president, in
sealed envelopes with each absentee voter's name on the
outside of his envelope.
At the September 14 meeting, President Cox read the
following resolution, which had been prepared by the
General Counsel of the International:
WHEREAS, it is the desire of the membership and
officers of this organization known as The Independent
Drivers and Warehousemen 's Association of Indianap-
olis, that said organization affiliate with and become
chartered by the Oil, Chemical and Atomic Workers
International Union (OCAWIU), as an affiliate of said
International Union because of its prestige and its
ability to provide expert technical assistance and advice
to the officers and membership of this organization;
and
WHEREAS, it is the desire of the officers and
membership of The Independent Drivers and Ware-
housemen's Association of Indianapolis that the orga-
nization, structure, officers and committees of this
organization continue to operate and to carry out its
collective bargaining functions after said affiliation
with said International Union as had been done in the
past and is presently being done;
NOW, THEREFORE, BE IT RESOLVED:
A. That this organization apply promptly to Oil,
Chemical and Atomic Workers International
Union (OCAWIU) for affiliation therewith.
B. That this organization presently known as The
Independent Drivers and Warehousemen 's Asso-
ciation of Indianapolis be and is hereafter known
as an affiliate of the Oil, Chemical and Atomic
Workers International Union (OCAWIU).
C. That all assets and property of this organization,
including but not limited to its bank account, its
collective bargaining agreements dated January 1,
1974 through and including December 31, 1976
with the Sun Oil Company of Pennsylvania and
related pension and insurance agreements, be
hereafter held by this organization under the
name and style of the Affiliate, Oil, Chemical and
Atomic Workers International Union (OCAW-
IU).
D. That this organization continue its relationship
with the Sun Oil Company of Pennsylvania as the
duly certified and recognized bargaining repre-
sentative for the Operating employees of the
Indianapolis District, except those in a Superviso-
ry, Sales or Temporary capacity.
E. That the officers and committeemen of this
Organization take all steps necessary to accom-
plish the objectives set forth hereinabove.
The affiliation question was discussed for about 1-1/2
hours, during which International Representatives Hall
and Lasbury, and a representative of another local of the
International, addressed the members , and questions were
asked and answered. All nonmembers then left the room,
and a vote was taken. Each member signed for receipt of a
ballot from the election committee, marked it, and dropped
it into a ballot box. The committee then removed the three
SUN OIL CO. OF PA. 1065
absentee ballots from their envelopes and dropped them in
the box. The committee counted the ballots and signed a
tally certifying the vote to be 20 in favor of, and 10 opposed
to, affiliation. At the direction of the membership, the
officers of the Independent-President Donald Cox, Vice
President William Ford, Secretary Guy Goldsberry, and
Treasurer Robert Arnold-signed the resolution. Thereaf-
ter, 15 or 16 members signed membership and dues
checkoff cards for the International which were available
on a table. Within 2 weeks of the meeting, all members had
signed such cards and delivered them to President Cox.
The local was designated Local 7- of the International,
the 7 being the appropriate district number, pending the
assignment of the full designation Local 7-937 by the
International president.
The day after the vote, September 15, a letter over the
signatures of Lasbury, as international representative, and
Donald Cox, as president of Local 7, OCAWIU, was
addressed to W. R. Hill, with copies to the corporate labor
attorney at the Respondent's department of human
resources in Philadelphia, James M. Hutchinson, and
others. The letter, which transmitted copies of the notice of
the September 14, 1975, meeting and the members'
certified mail receipts therefor, the signed affiliation
resolution, and the tally, advised the Respondent as
follows:
At a meeting of the members of the Independent
Drivers and Warehousemen's Association of Indianap-
olis, Indiana , which, as you know, is the exclusive
collective bargaining representative of your employees
and is under contract with your company , the member-
ship after special notice of the purpose of the meeting
voted to affiliate with the Oil, Chemical and Atomic
Workers International Union (OCAWIU). Please fmd
enclosed a copy of the resolution of affiliation and
other relevant material.
From this date on the name of the union has been
changed to Oil, Chemical and Atomic Workers Local
7- . All officers and functional leaders remain the same,
and we anticipate no change in our day-to-day
relationship with the company. The continuity of
organization in the local union has been completely
preserved and we intend to honor fully all contractual
commitments with the company. Please note for your
records the change in name of the contracting union.
The day that letter was mailed, International Project
Director Tony Hall telephoned the Respondent's labor
attorney, James Hutchinson, and informed him that the
Clermont Independent had voted to affiliate, that copies of
all pertinent documents had been sent to Hutchinson, and
Hall asked Hutchinson to recognize the International and
its Local 7. Hutchinson responded that he would not
answer until he had received the documents? A few days
later, Hall telephoned Hutchinson again and asked him to
recognize the International, and Hutchinson responded
that he had received the documents but the policy of the
Company was that "in matters of representation" they felt
that "the laboratory conditions of an NLRB election" was
the only way they could get a "true reading of the desire of
the employees," and that the Company would file an RM
petition. International Staff Representative Lasbury also
had two conversations with Hutchinson during this period,
and Hutchinson told Lasbury that corporate policy
required an RM vote and that the Independent would have
to be on the ballot. Lasbury agreed to that, and also that
the current collective-bargaining agreement would not be
asserted as a bar to such a petition.
W. R. Hill replied to the Union's affiliation-notice
letter with two letters addressed to Cox as president of the
Independent dated September 22 and 23, and a letter to all
unit employees dated September 22, drafted by the
corporate legal department. In these letters, Hill declined
to recognize Local 7 as the representative of the Clermont
employees for the stated reasons that he had a good-faith
doubt of the actual wishes of a majority of the employees,
and that the Company viewed the alleged affiliation as
creating a different representative which it would not
recognize without a Board election. Hill went on to say that
the Company was requesting the Board to conduct an
election and that it would continue to deal with the
Independent in the administration of the contract and the
processing of grievances until the question of representa-
tion was resolved.
The Respondent filed an RM petition (Case 25-RM-
417) on September 23, and on October 15 Cox signed a
Stipulation for Certification Upon Consent Election as the
president of the Independent, at the suggestion of Opera-
tions Manager William R. Sanders who signed for the
Company; Lasbury signed for Local 7, OCAWIU. The
election was conducted on October 24, Local 7, OCAWIU,
won 18-12 (with no votes for neither), and was certified
November 4, 1975.
On November 11, the Respondent, represented by Hill,
Sanders, and others, held its first meeting with Local 7,
represented by Cox and other local officers, and Lasbury
for the International. At this meeting, Lasbury indicated
that the existing collective-bargaining agreement would
continue in effect with local officials handling day-to-day
administration, and that only a change in the name of the
union to substitute the new representative by a memoran-
dum of understanding would be requested. At this and
other meetings of management and local representatives
held on November 12 and 19, grievances and other
contract-administration matters were dealt with.
On December 15, Hill called a meeting with the local
officers and advised them that new checkoff cards would
be required since the ones submitted bore the name of a
different union. The local officers agreed to submit new
checkoff cards , and management indicated that it would
then continue the checkoff of dues. Hill said, however, that
the Respondent would not thereafter honor the union-
security clause of the collective-bargaining agreement, and
2 Facts regarding all conversations and meetings between union probabilities in light of the entire record . By contrast, the Respondent's
representatives and management are based on the credited testimony of the witnesses seemed at times evasive and more concerned with trying tojustify
General Counsel's witnesses , whose demeanor was that of persons who corporate policy while shifting the responsibility for it than in sticking to the
related what happened as accurately as they could remember , and the simple truth.
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that it would notify the employees to that effect. The same
day Hill sent all employees in the unit a letter notifying
them that he had met with Local 7 and advised that all
provisions of the collective-bargaining agreement would
continue in full force and effect except that new dues-
checkoff authorizations would be required , and except
that:
As a result of legal advice and for the same reasons as
discussed above, each employee's right to join or not
join the new union in accordance with his individual
choice must be respected. The union security provision
required employees to join the old union . It does not
require you to join the new O.C.A.W. Therefore, the
Company has no legal right to require employees,
subject to discharge, to join the new union.
This letter ended with an invitation for employees to bring
any questions to Hill or the operations manager.
On December 22, Hill , Sanders, and another manage-
ment representative met with International Project Direc-
tor Hall and President Cox and other officers of Local 7.
Hall protested the Respondent 's refusal to continue the
union-security provision in effect and its invitation in its
December 15 letter to employees that they go to the
Company instead of to the Union for answers to questions
of contract interpretation. Hall then dictated an amend-
ment to agreement to Hill 's secretary, which would have
the effect of inserting the words "Oil, Chemical and
Atomic Workers International Union and its Local 7"
wherever the words , "Independent Drivers and Ware-
housemen 's Association of Indianapolis" appeared in the
collective-bargaining agreement . Hall requested Hill to
sign this document , but Hill declined on the ground that he
wished to obtain legal advice. Although Hall thereafter
appealed to Attorney Hutchinson, the proposed amend-
ment has not been executed by the Respondent.
Hall returned to Clermont again January 16, 1976, when
he and local officers met with Sanders . At the end of the
meeting, Sanders handed Hall a letter signed by Hill to the
following effect:
We have reviewed your proposed amendments to the
current collective bargaining agreement between Sun
Oil Company of Pennsylvania and The Independent
Drivers and Warehousemen's Association of Indianap-
olis which have been made necessary by the results of
the election conducted by the National Labor Rela-
tions Board on October 24, 1975. For the reasons stated
in our letter of December 15, 1975 and as we discussed
on December 22, 1975, we agree with your analysis that
the National Labor Relations Board certification of
your union to replace the former one renders certain
portions of the collective bargaining agreement ineffec-
tive.
Although we agree that some change may be necessary
and appropriate we are unable to agree to your
proposal as presently stated . In particular, we are
unwilling to agree to any new union security clause
which would require the employees involved to become
members of O.C.A.W. as a condition of employment.
Accordingly, we are declining to execute the amend-
ments which you have proposed.
We will await your further reply . Meanwhile, we will
continue to conform to our legal obligations in this
matter.
Thank you for your attention and if you have any
further questions or problems, please do not hesitate to
contact me.
Hall protested that the Union had never said portions of
the agreement were illegal or inoperative but had accepted
the contract in toto, but Sanders merely responded that he
had been told to give Hall the letter.
Local 7 has received a charter from the International and
has been designated as Local 7-937. The record shows
there were no changes in the officers or grievance
committee as a result of the affiliation except that a new
secretary and two new trustees were elected at the regular
election in November 1975. The constitution and bylaws
under which the Independent operated have been ap-
proved by the International, but the local membership dues
have been increased from $5 to $11, $6.20 of which is
forwarded to the International as per capita tax. In
addition, under the International constitution, strikes must
be approved by 75 percent of the local membership and by
the president of the International . The International has
180,000 to 200,000 members, and has what is called a
national oil wage bargaining policy setting a minimum
wage rate and it does not permit its locals to sign collective-
bargaining agreements for less unless the set rate is
amended as it frequently is. The Respondent has continued
to process grievances and administer the contract with
officers of Local 7-937, and to check off dues for which
authorizations to do so have been received . It has refused,
however, to enforce union-security provisions of the
contract.
B. Conclusions
I find no merit in the Respondent 's contention that there
were substantial irregularities in the affiliation procedures.
The record shows that various aspects of affiliation,
including its effect on the dues structure, were discussed by
the members at three meetings , over a considerable period
of time, before the vote was taken. Possible disadvantages
were brought to the members ' attention by President Cox
at the February 23, 1975, membership meeting, as well as
by management at its August 6, 1975, meeting with the
employees in the unit.
The Independent's membership list in evidence of 32
members shows that all attended the September 14
affiliation meeting save two (Harvey Buchanan and Paul
Hord) who the evidence shows were mailed notices of the
meeting, and three (Terry Ford, Irvin Kirk, and Soren or
Chris Rasmussen)3 who sent absentee ballots; and that all
but the named five signed for the receipt of a ballot.
3 In the absence of anything to the contrary, I assume that Soren
Rasmussen and Chris Rasmussen are the same person.
SUN OIL CO. OF PA.
Moreover, the tally of 20 to 10 exactly represents the
number of members present or voting absentee. Therefore,
although too many ballots were printed, this evidence
establishes that no ineligible person voted.
I am satisfied that the vote , while not meeting the
standards of a Board-conducted election, was a secret vote
as described above and in the absence of testimony that
anyone saw how any member voted.4
Moreover, I do not consider the facts that the ballots
were provided by International Staff Representative
Lasbury, the resolution was prepared by the international's
general counsel, or that international buttons and member-
ship cards were available in the room during the affiliation-
vote meeting were sufficient to justify a conclusion that the
vote was stage managed or was a OCAWIU raid,
particularly in view of the absence of any evidence that any
member voiced any objection to the procedure followed.5
I therefore find that the procedures were not so lax or so
substantially irregular as to negate the validity of the
affiliation vote, and that the vote indeed accurately
reflected the uncoerced wishes of a majority of the
members, and of the unit employees .6
The evidence establishes that all the members of the
Independent, who constituted the entire unit-employee
complement, have become members of Local 7-937; that
all of the officers have retained their offices and continue
to perform the same functions, with the exception of the
election of a new secretary and the addition of two
members of the board of trustees, under the same
constitution and bylaws; that there is no evidence of
schism or of any meaningful action of resistance to
affiliation to indicate any continued separate identity on
the part of the Independent; and that substantially the
same relationship has been maintained with the Respon-
dent.
Accordingly, I find that the affiliation of the Indepen-
dent with OCAWIU as a local of that International was
valid, and that Local 7 (eventually Local 7-937) became
the successor of the Independent on September 14, 1975,
entitled to be recognized and bargained with by the
Respondent the same as the Independent previously had
been.?
Moreover, I read the Board's decisions in Amoco
Production Company, supra, The Coca Cola Bottling Compa-
ny of Memphis, 218 NLRB No. 129 [vacated November 28,
19751, and Bernard Gloeckler North East Co., 217 NLRB
626 (1975) as plainly indicating its view that that
entitlement extends to the continuation in full force and
4 Bear Archery, Division of Victor Comptometer Corporation, 223 NLRB
1169 (1976).
5 Amoco Production Company, 220 NLRB 1098 (1972).
6 Bear Archery, Division of Victor Comptometer Corporation , supra;
Hamilton Tool Company, 190 NLRB 571, 575 (1971).
r Carpinteria Lemon Association v. N.L R.B., 240 F.2d 554 (C A. 9, 1956);
N.L.R B v. Harris-Woodson Company Inc., 179 F.2d 720 (C.A. 4);
Continental Oil Company v. N.L.R.B., 113 F.2d 473 (CA. 10); Amoco
Production Company, supra Cf. N L. R.B. v. Bernard Gloeckler North East
Company, 540 F.2d 197 (C.A. 3, 1976); American Bridge Division, United
States Steel Corporation v. N L.R.B., 457 F.2d 660 (C.A. 3, 1972); and J W.
Dickey, formerly d/b/a Ohio Hoist and Mfg. Co. v. N.L.R.B., 217 F.2d 652
(C.A. 6), in which these two courts of appeals reversed the Board in
successorship cases similar to this. I am required to follow the Board. Iowa
Beef Packers, Inc, 144 NLRB 615 (1963). The International OCAWIU has
not been at any time herein entitled to be recognized or bargained with.
1067
effect of the collective-bargaining agreement. I therefore
cannot agree to the Respondent's argument that an
employer should not be bound by its agreement with a
predecessor union because the Board has said in Kota
Division of Dura Corporation, 182 NLRB 360 (1970), that
contract obligations "in a successorship situation are, of
course, the same in either case," and the U.S. Supreme
Court held, in N.L.RB. v. Burns International Security
Services, Inc., 406 U.S. 272 (1972), that a successor
employer is not bound by its predecessor's collective-
bargaining agreement . Both the Kota and Burns cases were
concerned solely with successor-employer situations, and
the Board has indicated that there is no direct parallel
between successor-employer situations and union-succes-
sorship situations such as we have here.8
The Respondent insists that, even so, the Union in effect
conceded the separate identity of Local 7-937, OCAWIU,
and the existence of a question of representation, when it
agreed to the Stipulation for Consent Election, with the
Independent, Local 7, and neither as choices on the ballot,
and when Cox signed the stipulation as the representative
of the Independent; and the Board's Regional Director
effectively made a similar concession when he approved
the stipulation. When thereafter, the argument goes, Local
7, OCAWIU, was certified, it was entitled only to be
recognized and bargained with as a different and newly
certified union.
Although no precedent on what effect a stipulated RM
election has on a valid affiliation is cited, and I have found
none, I am of the opinion that the Respondent's conten-
tions put form above substance. Thus, the Act does not
confine the Board's election function to question-of-repre-
sentation situations, nor do those cases in which the Board
has said that a Board election is not required after a valid
affiliation has been achieved.9 The evidence in this case
justifies the inference that the union officials consented to
the Board election only because the Respondent had
refused to recognize Local 7, OCAWIU, on the basis of the
affiliation vote, and to convince the Respondent that the
affiliation action did reflect the true wishes of a majority;
and that the Regional Director approved the stipulation
only as a means of expediting solution of the existing
dispute. In view of the result of the Board election
upholding the Union, its yielding to the Respondent's
insistence that such an election be held, and in the manner
insisted upon,l° and waiving any rights it may have had to
asserting the contract as a bar or to file an AC petition or
an 8(a)(5) charge at that time, even though the Board has
However, Tony Hall's inclusion of the International along with its Local 7 in
his requests of Hutchinson for recognition and in his amendment-of-
agreement proposal did not absolve the Respondent from any bargaining
obligation it owes to Local 7-937 in view of the Respondent 's full knowledge
throughout of the true import of both the affiliation and the Board-
conducted votes, and the absence of any credible evidence that it raised this
issue in its dealings with the unions . See Avon Convalescent Center, 204
NLRB 415 (1973).
8 General Dynamics Corporation, Pomona Division, 184 NLRB 553 (1970).
9 See Bear Archery, Division of Victor Comptometer Corporation , supra,
and North Electric Company, 165 NLRB 942 (1967).
io I also find that Cox's agreeing to sign the Stipulation for Consent
Election as the representative of the Independent did not compromise the
affiliation or establish a schism or the continued existence of the
Independent . New England Foundry Corporation, 192 NLRB 785, fn. 5
(1971)
1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
said that a validly affiliated union is not required "to renew
its combat via the formality of a Board-conducted election
to redetermine the choice already made,"" should not in
all fairness be held against it so as to deprive the Union of
any advantage it theretofore had.12
I conclude therefore that, as alleged in the complaint.13
the Respondent violated Section 8(a)(5) of the Act by
refusing to recognize and bargain with Local 7-937,
OCAWIU, as requested, after September 14, 1975, as the
successor to the Independent and by refusing to continue
in full force and effect all provisions of its collective-
bargaining agreement , including the union-security
clause.14
REMEDY
In order to effectuate the policies of the Act, I
recommend that the Respondent be ordered to cease and
desist from the unfair labor practices found and from any
like or related unfair labor practices.
I shall also recommend that the Respondent, upon
request of Local 7-937, OCAWIU, continue in full force
and effect the collective-bargaining agreement originally
entered into by the predecessor of Local 7-937 and the
Respondent as amended by agreement , and comply with
the provisions thereof, including the union-security provi-
sion.
Upon the foregoing findings of fact and conclusions of
law and the entire record , and pursuant to Section 10(c) of
the Act, I hereby issue the following recommended:
ORDER 15
The Respondent , Sun Oil Company of Pennsylvania,
Clermont , Indiana, its officers , agents, successors, and
assigns, shall:
1. Cease and desist from:
(a) Refusing to recognize and bargain collectively with
Local 7-937, Oil, Chemical & Atomic Workers Interna-
tional Union, AFL-CIO, as the exclusive representative of
the following appropriate unit:
All operating employees including transport drivers,
maintenance and garage mechanics, warehousemen
and dispatchers employed at the Respondent 's Cler-
mont, Indiana facility exclusive of all office clerical
employees , the warehouse superintendent , guards, sales
employees, professional employees and all supervisors
as defined in the Act.
(b) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of their
rights under Section 7 of the Act.
2. Take the following affirmative action found neces-
sary to effectuate the policies of the Act:
(a) Upon request, recognize and bargain with Local 7-
937, OCAWIU, and continue in full force and effect the
1974-76 collective-bargaining agreement originally en-
tered into by the Respondent and the predecessor of Local
7-937 as amended by agreement, and comply with the
provisions thereof, including the union-security provision.
(b) Post at its terminal in Clermont , Indiana, copies of
the attached notice marked "Appendix." 16 Copies of said
notice, on forms provided by the Regional Director for
Region 25, after being duly signed by an authorized
representative of the Respondent, shall be posted by the
Respondent immediately upon receipt thereof, and be
maintained by it 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 to insure that the notices are
not altered, defaced, or covered by any other material.
(c) Notify the Regional Director for Region 25, in
writing, within 20 days from the date of this Order, what
steps the Respondent has taken to comply herewith.
11 North Electric Company, supra.
12 As none of the above factors were present in H. K Porter Co. v
N.LRB., 397 U.S. 99 (1970); Pittsburgh Plate Glass Company v. NLRB.,
313 U.S. 146 (1941 ); Modine Manufacturing Company v. Grand Lodge
International Association of Machinists et aL, 216 F.2d 326 (C.A. 6), Dow
Chemical Company, 186 NLRB 372 (1970); American Seating Co., 106
NLRB 250 (1953), or other such cases relied on by the Respondent , they are
all inapposite.
13 No finding of bad faith is made , as argued in the General Counsel's
brief, There is no such allegation in the complaint and the case was not
litigated on that basis. In any event , even though there is no ment in the
Respondent's contention that the Union waived its right to the continuance
in effect of the contract by proposing amendments to reflect the name
change, I note that the Respondent has continued to meet and deal with
grievances and other matters of contract administration . The Respondent's
msistence upon the submission of new dues checkoff authorizations was
proper in the circumstances.
14 Accord: Sun Oil Company of Pennsylvania, Case 7-CA-12686, in
which a decision has issued today [228 NLRB 10721.
15 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.
19 In the event that this Order is 'enforced by a Judgment of the United
States Court of Appeals, the words in the notice reading "Posted by Order
of the National Labor Relations Board" shall read "Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to recognize and bargain
collectively with Local? 937, Oil, Chemical & Atomic
Workers International Union, AFL-CIO, as the exclu-
sive representative of the following appropriate unit:
All operating employees including transport
drivers, maintenance and garage mechanics,
warehousemen and dispatchers employed at the
Respondent's Clermont, Indiana facility exclusive
of all office clerical employees, the warehouse
superintendent , guards, sales employees, profes-
sional employees and all supervisors as defined in
the Act.
WE WILL NOT in any like or related manner interfere
with , restrain , or coerce our employees in the exercise
of their rights under Section 7 of the National Labor
Relations Act, as amended.
SUN OIL CO. OF PA. 1069
WE WILL, upon request , recognize and bargain with provisions thereof including the union-security provi-
Local 7-937, OCAWIU, and continue in full force and sion.
effect the 1974-76 collective -bargaining agreement
originally entered into with the predecessor of Local 7- SUN OIL COMPANY OF
937 as amended by agreement and comply with the PENNSYLVANIA