194 NLRB 311
Northern Petrochemical Co.
NORTHERN PETROCHEMICAL COMPANY
311
Northern Petrochemical Company and Douglas K.
Morgan. Case 38-CA-1127
November 23, 1971
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
On September 20, 1971, Trial Examiner Morton D.
Friedman issued the attached Decision in this
proceeding. Thereafter, Respondent filed exceptions
and a supporting brief, and the General Counsel filed
a brief in support of the Trial Examiner'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 Trial
Examiner's Decision in light of the exceptions and
briefs and has decided to affirm the Trial Examiner's
rulings, findings,' and conclusions and to adopt his
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 Trial Examiner and hereby orders that
Respondent,
Northern
Petrochemical
Company,
Morris, Illinois, its officers, agents, successors, and
assigns, shall take the action set forth in the Trial
Examiner's recommended Order.
1 The Respondent has excepted to certain credibility findings made by
the Trial Examiner It is the Board's established policy not to overrule a
Trial Examiner's resolutions with respect to credibility unless the clear
preponderance of all of the relevant evidence convinces us that the
resolutions were incorrect. Standard Dry Wall Products, Inc, 91 NLRB 544,
enfd. 188 F 2d 362 (C A. 3) We have carefully examined the record and
find no basis for reversing his findings
We note, however, that in affirming the Trial Examiner's finding that
Respondent violated Sec. 8(a)(3) and (I) of the Act, we do not rely on the
testimony of John Harding, Respondent's industrial relations manager, to
the
effect that Van Lauwe left his previous position because of a
disagreement with his former employer concerning a union organizational
drive and subsequent election
answer to the complaint, the Respondent, while admitting
certain allegations of the complaint, denied the commission
of any unfair labor practices.
Pursuant to notice, the hearing in this case was held
before me at Rock Island, Illinois, on June 22, 1971. All
parties were represented and were afforded full opportunity
to be heard, to introduce relevant evidence, to present oral
argument, and to file briefs. Oral argument was waived.
Briefs were filed by counsel for the General Counsel and
the Respondent. Upon consideration of the entire record,
including the briefs of the parties, and upon my observation
of each of the witnesses as they appeared before me, I make
the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Respondent, a Delaware corporation, maintains an
office and manufacturing facility at Morris, Illinois, where
it is engaged in the business of manufacturing, processing,
and selling polyethylene material and products. During the
12-month period immediately preceding the issuance of the
complaint herein, a representative period, Respondent sold
and shipped from its plant at Morris, Illinois, finished
products of a value in excess of $50,000 to points outside
the State of Illinois. During the same period the Respon-
dent purchased and caused to be transferred and delivered
directly to its Morris, Illinois, plant goods and materials of
a value in excess of $50,000 which were transported to said
plant directly from States other than the State of Illinois.
It is admitted, and I find, that Respondent is an employer
engaged in commerce within the meaning of Section 2(6)
and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
It is admitted, and I find, that International Chemical
Workers Union is a labor organization within the meaning
of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A.
The Issue
There is but a single issue presented by the pleadings and
the contentions of the parties. The issue is:
Did the Respondent discriminatorily refuse to hire
Douglas K. Morgan because of Morgan's union activities?
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
MORTON D. FRIEDMAN, Trial Examiner: Upon a charge
filed on March 8, 1971, by Douglas K. Morgan, an
individual, the officer-in-charge for Subregion 38 of the
National Labor Relations Board, herein called the Board,
issued a complaint on April 16, 1971, against Northern
Petrochemical Company, herein called the Company or the
Respondent, alleging violations of Section 8(a)(3) and (1) of
the National Labor Relations Act, as amended (29 U.S.C.
Sec. 151, et seq.), herein called the Act. In its duly filed
B.
The Facts
As noted above, the Respondent at its Morris, Illinois,
facility
manufactures or is planning to manufacture
polyethylene products. The installation, as of the date of
the hearing, had not as yet been completed. However, the
plant was completed for the purpose of manufacturing
ethylene-oxide and ethylene-glycol. According to James
Van Lauwe, an industrial relations representative of the
Respondent, the manufacture of ethylene and polyethylene
requires the use of highly skilled technicians both in the
operations processes and in the maintenance of equipment.
The equipment consists largely of vessels, compressors, and
194 NLRB No. 54
312
DECISIONS OF'NATIONAL LABOR RELATIONS BOARD
piping which must undergo tremendous pressure reaching
some 31,000 pounds per square inch. According to these
individuals, the maintenance of this equipment requires
individuals who have had experience on such high pressure
equipment over a period of some time. According to Van
Lauwe, for an individual to qualify for maintenance on the
ethylene and polyethylene processing equipment he would
have to have had experience working on heavy piping, large
valves, pumps, vessels, and also have the ability to do
welding and repairing of large turbines.
In order to staff its new plant at Morris, Illinois, the
Respondent, on December 7, 1970, placed an advertise-
ment in the Clinton, Iowa, paper asking for chemical
operators for positions to be filled with salaries up to $909
per month. The Respondent's advertisement also called for
trainees who would be given 2 months of classroom and
then on-the-job training. The advertisement instructed
those who were interested to call Van Lauwe at a listed
telephone number.
Douglas K. Morgan, the Charging Party herein, was and
still is a maintenance mechanic working for Hawkeye
Chemical, Co., a fertilizer manufacturer, in Clinton, Iowa.
Morgan saw the Respondent's advertisement and, thinking
that perhaps he would qualify for a maintenance mechan-
ic's position with the Respondent at its Morris, Illinois,
plant, called Van Lauwe on the telephone. He did this
despite the fact that the advertisement did not specifically
ask for maintenance people. However, when he called Van
Lauwe,
Van Lauwe expressed an interest in hiring
maintenance people. According to Morgan, when he spoke
to Van Lauwe on the telephone, Van Lauwe asked him to
come down to a local motel for an interview but Morgan
explained that he did not have the time. Van Lauwe took
Morgan's name and address and stated that he would send
Morgan an employment application. According to Morgan,
during that conversation Van Lauwe asked Morgan where
the latter worked. Morgan told Van Lauwe-that he worked
at Hawkeye Chemical. Van Lauwe told Morgan that the
latter had somewhat of the background that the Respon-
dent was seeking since he had worked in a chemical plant.
Then Van Lauwe asked Morgan for more details of
Morgan's work. Morgan told Van Lauwe that he was
principally doing millwright work, that he worked in gear
boxes, compressors, pumps, and "stuff like that." Van
Lauwe asked Morgan if the latter had welded and Morgan
answered that he had a bad eye and never welded. After
Van Lauwe told Morgan that he would send the latter an
employment application, Van Lauwe asked Morgan if the
latter belonged to a union at Hawkeye and Morgan
answered in the affirmative. Van Lauwe then said "the
union hasn't done you too much good out there moneywise,
have they." Morgan answered no that the union had not.
Then Van Lauwe repeated that he would send Morgan an
application and that Morgan should fill the same out and
return it to Van Lauwe. That was the end of the
conversation.
According to Van Lauwe, the conversation was some-
what different. Van Lauwe testified that he merely asked
Morgan what work Morgan did at Hawkeye and Morgan
stated that he was a "B mechanic." Thereafter, Van Lauwe
merely told Morgan that he would send the latter an
application. Van Lauwe did ask Morgan if the latter would
come to the motel for an interview and Morgan told him
that he did not have the time. Van Lauwe denied that he
asked Morgan if the latter could weld or that Van Lauwe
said anything about a union. Van Lauwe maintained in
testifying that the conversation was confined to asking
Morgan what the latter did at Hawkeye and the promise to
send Morgan an application.
In due time Morgan received the application which he
completed and returned to Van Lauwe. Thereafter, on
January 4, 1971, Van Lauwe sent to Morgan a letter stating
that a representative of the Respondent would be in
Clinton, Iowa, on January 12, at a motel, to test individuals
in the Clinton area who had made application for
employment. The letter went on to state the exact date and
time and place of the examination. On January 12, 1971,
Morgan took the examination which was given by Van
Lauwe. Approximately 12 individuals took the test at the
same time as Morgan.
Evidently Morgan successfully passed the test given by
Van Lauwe and on January 21, 1971, Van Lauwe sent to
Morgan a letter, which was probably a form letter, advising
Morgan that the latter had successfully completed "our
initial requirements for employment." The letter went on to
state that in the near future they would be contacting
Morgan regarding "permanent employment with Northern
Petrochemical Company."
Within a short time thereafter, Morgan's wife received a
telephone call from Van Lauwe who stated that he would
like to talk to Morgan about coming to Morris, Illinois, for
an interview. Van Lauwe left instructions for Morgan to
call him the next night. Morgan did so and set up an
appointment for February 9 at 10 in the morning in Morris,
Illinois. At that telephone call Van Lauwe told Morgan that
the latter should bring his wife over; that the Respondent
would pay mileage and other expenses.
Morgan appeared for the interview with Van Lauwe at
the appointed time. According to Morgan, Van Lauwe
asked Morgan what the latter could work on and what kind
of work he was doing at his present employment. Morgan
answered that he worked for the most part on gear boxes,
pumps, compressors, and "stuff like that." Then Van
Lauwe asked Morgan if the latter could work on heavy
piping. Morgan answered that he had worked on piping up
to 2 inches, that some of the piping was screwed piping and
the rest was welded; that he had acted as a welder's helper
on the welded pipe. Morgan was then asked if he could
work on reciprocating compressors. Morgan answered that
he had worked on them.
Thereupon Van Lauwe asked Morgan if the latter was a
union member and Morgan answered in the affirmative.
Then Van Lauwe asked Morgan if the latter held any
offices and Morgan again answered in the affirmative and
explained that he was recording secretary of the union and
that he had
'been chief steward and had been on a
negotiating committee. Then Van Lauwe asked Morgan
how they liked the union out at Morgan's present
employment. Morgan answered that they were angry at the
union because the last two times they were negotiating they
were held up from striking by reason of the International
union's failure to give the required 30-day notice to the
NORTHERN PETROCHEMICAL COMPANY
313
Federal Mediation Service. Thereupon, Van Lauwe told
Morgan that Van Lauwe did not think he could hire
Morgan because of the latter's union affiliation. Then Van
Lauwe asked Morgan if the latter understood. Morgan
answered that he did not and that he thought he was being
condemned before he had a chance. Thereupon, Morgan
offered to sign a paper that he would not try to bring the
Union in for a year. With that, Van Lauwe asked if Morgan
could leave the office for 5 minutes because Van Lauwe
had a telephone call to make. Morgan thereupon left the
room and sat in the receptionist's office for about 5
minutes. Thereafter Van Lauwe came out, called Morgan
back into his office, and told Morgan that because of the
latter's affiliation with the union Van Lauwe could not hire
him. Van Lauwe further explained that even if Morgan got
by Van Lauwe, the maintenance superintendent would
refuse to hire Morgan.
Thereupon Morgan told Van Lauwe that Morgan had
been turned down on another job because of his union
activities. Van Lauwe agreed that that could have been and
then Morgan asked about the expenses. Van Lauwe told
Morgan to send a letter with his mileage and expenses and
the Respondent would pay it.
A few days later Morgan received a letter, dated
February 10, 1971, signed by J. M. Harding, manager of
industrial relations for Respondent, stating that Morgan's
background and experience had been thoroughly reviewed
but that another applicant had slightly nearer the
background specified in their employment standards and
he had been hired rather than Morgan. However, the letter
informed Morgan that his correspondence would be kept
on file and should a suitable vacancy develop in the future
the Respondent would contact Morgan.
According to Van Lauwe, he told Morgan at the outset of
the interview the work that was going to be done at the
Respondent's plant and he told him something about the
company benefits explaining to him that the reason for the
interview was to
learn a little more about Morgan's
background and experience. He then asked Morgan what a
B mechanic at Hawkeye Chemical Company did. Morgan
responded that he worked on pumps, valves, and piping.
Then Van Lauwe asked Morgan if the latter could do
carpentry, insulating, painting, and welding and whether
Morgan had worked on large reciprocating compressors.
Morgan answered that he could do carpentry, insulating,
and painting but he did not weld. Van Lauwe again asked
Morgan about work on large reciprocating compressors
and Van Lauwe got the impression from Morgan' s answer
that
he had not done work on large reciprocating
compressors at all. Then Van Lauwe asked Morgan
whether the latter did simple or heavy piping and Morgan
simply answered that he did normal piping work.
Then Van Lauwe asked Morgan what else the latter did
at
Hawkeye.
Morgan replied that he was recording
secretary for the Chemical Workers and that he had been
on the negotiating committee for the last contract. Then
Morgan asked Van Lauwe if they had a union at the
Respondent's plant. Van Lauwe answered that they had no
union and that it was the Respondent's intention to keep
running the plant that way by paying good salaries, having
good benefits, and an excellent safety program and, more
important, excellent communications up and down the line.
Van Lauwe then asked Morgan to have a seat in the foyer
while Van Lauwe reviewed Morgan's file. After about 5
minutes he called Morgan back in and told the latter that
because of his lack of ability to weld and lack of experience
on large reciprocating compressors that Van Lauwe did not
believe he could sell Morgan's background and experience
to the maintenance department manager.
Then Morgan told Van Lauwe that Morgan had been
turned down several times at a complex in Clinton, Iowa,
because of his union activities. He also told Van Lauwe that
Morgan had been offered a job as a foreman at Clinton
Corn Products which left Van Lauwe with the impression
that Morgan had probably not given them an answer as of
that point. This, according to Van Lauwe, ended the
interview.
Van Lauwe further testified that he had been given
instructions by the individuals who were responsible for the
maintenance of the plant equipment with respect to the
kind of experience they considered desirable in the
individuals who were to be hired for the maintenance
department.
They desired individuals
who had had
experience on equipment and machinery such as they were
going to have in the polyethylene unit. The skills that were
required were a broad background in mechanical mainte-
nance and repair. They also desired an individual who
could weld, could handle high pressure piping, and work on
large compressors and turbines and related equipment such
as pumps and vessels . According to Van Lauwe, from his
conversation with Morgan, and the application which
Morgan had filed with the Respondent, he decided Morgan
did not have sufficient experience with this type of
equipment to qualify Morgan for hire or for reference to the
maintenance supervisors for their appraisal of Morgan's
abilities. In fact, according to Van Lauwe, at the time that
he interviewed Morgan they had just started to advertise for
maintenance people and had done so in places throughout
the country where there were plants which were engaged in
the manufacture of polyethylene. Van Lauwe additionally
testified that they had had little or no success in their
advertising for maintenance people even in those places
where there were plants which were in the business of
manufacturing low density polyethylene. This was so
because the requirements were so high that very few
individuals in the United States could qualify for the work
that had to be done. Van Lauwe also stated that at the
Respondent's facility in Moms, Illinois, they had already
engaged a maintenance contractor to do the work of
maintenance for both the part of the plant that there was
already operating and intended to use the same mainte-
nance contractor for the bulk of the maintenance to be
done in the low density polyethylene facility. The only
individuals they were going to hire on the Respondent's
own maintenance staff of approximately 11 would be
highly skilled and have all the qualifications necessary for
the performance of the work necessary to maintain the
Respondent's equipment.
And their work was to be
supplemented by the maintenance contractor.
John
Harding, industrial relations manager at the
Respondent's plant, testified that he had had experience
throughout a number of the plants of the Respondent in the
314
DECISIONS OF NATIONAL LABOR RELATIONS'BOARD
United States and that they employed a total of approxi-
mately 1,200 employees and had never had an unfair labor
practice charge filed against them prior to the one filed in
the instant proceeding. He estimated that approximately 50
percent of the employees that were working for the
Respondent at the Respondent's Morris, Illinois, plant had
been union members before coming to work for the
Respondent. In addition, two employees of the Respon-
dent's plant testified that each had been involved in union
activities prior to their being employed by the Respondent
and that the Respondent knew of this. Nevertheless, they
had not only been hired but had progressed in the plant to
higher positions than those for which they were first hired.
On the other hand, General Counsel's witness, Chf
James, an employee of Hawkeye Chemical, who was
interviewed in December 1970 by Van Lauwe at Clinton,
Iowa, was asked by Van Lauwe what James thought about
the union. Additionally, Ambrose Dannels, maintenance
supervisor of Hawkeye Chemical, testified that Morgan was
a competent maintenance employee who possessed the
skills and knowledge to successfully work on the type of
equipment
which was used in the manufacture of
polyethylene at the Respondent's plant.
C.
Analysis and Concluding Findings
Counsel for the General Counsel contends that Morgan's
version of the conversations between Morgan and Van
Lauwe is the one which should be accepted and that it is
abundantly apparent from Morgan's version that Morgan
was refused employment by the Respondent, through Van
Lauwe, because of Morgan's admitted union activities in
his position with Hawkeye Chemical.
On the other hand, Respondent argues that Van Lauwe's
version is the one that is truthful and should be relied on to
make a finding that Morgan was refused employment
because he did not possess the qualifications to perform
maintenance work required by the Respondent.
Van Lauwe had been in the Respondent's employ only a
few months before the events herein. His most recent
experience in personnel work was with another employer,
which position
Van Lauwe left because he had a
disagreement with an official of the former employer
concerning an organizational drive and an election which a
union had won. This could well have conditioned Van
Lauwe's attitude toward hiring a union minded job
applicant, especially one who was a union officer and a
member of the negotiating committee. That this is a strong
probability is borne out by the fact that another witness of
the General Counsel, Clif James, also testified that Van
Lauwe in the job interview in Clinton, Iowa, asked James
what the latter thought about unions. James was not hired
by the Respondent and his testimony was unrefuted by Van
Lauwe. I, therefore, credit it. Accordingly, from this and
from my observation of the witnesses, I conclude that
Morgan's version of the conversation between Morgan and
Van Lauwe is the more acceptable and plausible.
Additionally, I note that even in Van Lauwe's version of the
interview of February 9, there is little to demonstrate that
his questioning of Morgan's ability and experience was
more than shallow and cursory. He did not ask Morgan to
describe his work in depth.
In making this credibility resolution, I have considered,
as argued by the Respondent, that if Van Lauwe had not
wanted to hire a union activist he could have rejected
Morgan during their earlier telephone conversation when
he allegedly asked Morgan if the latter belonged to a union.
However, at that time Van Lauwe did not possess the
knowledge, which he acquired during the February 9
interview, that Morgan was a strong union adherent and an
officer of the Chemical Workers and a member of its
negotiating committee.
Accordingly, I find and conclude that Van Lauwe told
Morgan on February 9, 1971, that Van Lauwe could not
hire Morgan because of the latter's union affiliation. In
view of this and in view of the lack of depth of inquiry into
Morgan's experience and ability, I conclude that Morgan
was not hired because of his union membership and
activities. This conclusion is bolstered by the testimony of
Ambrose Dannels, maintenance supervisor of Hawkeye
Chemical and Morgan's immediate superior that Morgan
was, indeed, an experienced chemical plant maintenance
man who could and did perform well on the type of
equipment used by the Respondent.
I have considered the testimony of John Harding,
Respondent's industrial relations manager, that Respon-
dent does not have an antiunion policy and that it has never
been involved before in an unfair labor practice proceed-
ing. But, the actions of Van Lauwe are Respondent's
responsibility and it must therefore be held liable for such
activity.
Accordingly, I find that Respondent has discriminatorily
refused to hire Douglas K. Morgan in violation of Section
8(a)(3) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activity of the Respondent set forth in section III,
above, occurring in connection with the operations of the
Respondent set forth in section 1, above, have a close,
intimate, and substantial relation to trade, traffic, and
commerce among the several States and tend to lead to
labor disputes burdening and obstructing commerce and
the free flow thereof.
V. The Remedy
Having found that the Respondent has engaged in
certain unfair labor practices it will be recommended that it
cease and desist therefrom and take certain affirmative
action designed to effectuate the policies of the Act.
Having found that Respondent, on February 9, 1971, and
thereafter, refused to employ Douglas K. Morgan in
violation of Section 8(a)(1) and (3) of the Act, I shall
recommend that Respondent offer Morgan immediate and
full reinstatement at the same or substantially equivalent
position to which he would have been entitled had he not
been discriminated against, without prejudice to his
seniority or other rights or privileges, and make him whole
for any loss of earnings he may have suffered by reason of
the discrimination against him, by paying to him a sum of
money equal to the amount that he would normally have
earned as wages from the date of the discrimination against
NORTHERN PETROCHEMICAL COMPANY
315
him to the date of the offer of employment, less his net
earnings.'
Upon the basis of the foregoing findings of fact, and
upon the entire record in the case, I make the following:
CONCLUSIONS OF LAW
1.
The Respondent is an employer engaged in com-
merce within the meaning of Section 2(6) and (7) of the Act.
2.
The Union is a labor organization within the
meaning of Section 2(5) of the Act.
3.
By discriminatorily refusing to employ Douglas K.
Morgan on February 9, 1971, and thereafter to discourage
membership in International Chemical Workers Union,
Respondent has engaged in unfair labor practices within
the meaning of Section 8(a)(3) of the Act.
4.
By interfering with, restraining, or coercing employ-
ees in the exercise of their rights guaranteed by Section 7 of
the Act on or about February 9, 1971, Respondent has
engaged in and is engaging in unfair labor practices within
the meaning of Section 8(a)(1) of the Act.
5.
The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of Section
2(6) and (7) of the Act.
Upon the foregoing findings of fact, conclusions of law,
and the entire record, and pursuant to Section 10(c) of the
Act, I hereby issue the following recommended: 2
consecutive days thereafter, in conspicuous places, includ-
ing all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Respondent
to ensure that said notices are not altered, defaced, or
covered by any other material. No other material relative to
this matter shall be posted during this period.
(c) Notify the Regional Director for Subregion 38, in
writing, within 20 days from the date of the receipt of this
Decision, what steps the Respondent has taken to comply
herewith.4
1 F. W. Woolworth Company, 90 NLRB 289. The backpay obligation of
Respondent to Morgan shall include payment of interest at the rate of 6
percent per annum to be computed in the manner set forth in Isis Plumbing
& Heating Co, 138 NLRB 716.
2 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.
3 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 Labor Relations Board" shall be changed to read
"Posted Pursuant to a Judgment of the United States Court of Appeals
Enforcing an Order of the National Labor Relations Board."
4 In the event that this recommended Order is adopted by the Board
after exceptions have been filed, this provision shall be modified to read:
"Notify the Regional Director for Subregion 38, in writing, within 10 days
from the date of this Order, what steps the Respondent has taken to
comply herewith.""
ORDER
Respondent,
Northern
Petrochemical
Company, its
officers, agents, successors, and assigns, shall:
1.
Cease and desist from:
(a) Discouraging membership in or activities on behalf of
International Chemical Workers Union, or any other labor
organization, by refusing to hire, or in any other manner
discriminating against its employees in regard to their hire
or tenure of employment or any term or condition of
employment.
(b) In any other manner interfering with, restraining, or
coercing its employees in the exercise of their right to form,
join, assist, or be represented by International Chemical
Workers Union, or any other labor organization, to bargain
collectively through representatives of their own choosing
or to engage in other concerted activity for the purpose of
collective bargaining, or other mutual aid or protection, or
to refrain from any and all such activity.
2.
Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Offer to Douglas K. Morgan immediate employment
at the same or substantially equivalent position at which he
would have been employed had he not been discriminated
against, without prejudice to his seniority or other rights
and privileges, and make him whole for any loss of pay
suffered in the manner set forth in the section hereof
entitled "The Remedy."
(b) Post at its Morris, Illinois, facility copies of the
attached notice marked "Appendix." 3 Copies of said
notice, on forms provided by the Regional Director for
Region 38, after being duly signed by the Respondent's
representative, shall be posted by the Respondent immedi-
ately upon receipt thereof and be maintained by it for 60
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT discourage membership in or activities
on behalf of International Chemical Workers Union or
any other labor organization, by refusing to hire, or in
any other manner, discriminating against our employ-
ees in regard to their hire or tenure of employment or
any term or condition of employment.
WE WILL NOT in any other manner interfere with,
restrain, or coerce our employees in the exercise of their
right to form, join, or assist, or to be represented by any
labor organization, to bargain collectively through
representatives of their own choosing, or engage in
other concerted activities for the purpose of collective
bargaining or other mutual aid or protection, or to
refrain from any or all such activities.
WE WILL offer to Douglas K. Morgan immediate
employment at the same or substantially equivalent
position at which he would have been employed had he
not been discriminated against, without prejudice to his
seniority or other rights and privileges, and make him
whole for any loss of pay suffered as a result of the
discrimination, together with interest at the rate of 6
percent per annum.
WE WILL- notify Douglas K. Morgan, if he is
presently serving in the Armed Forces, of his right to
full reinstatement upon application in accordance with
the Selective Service Act and the Universal Military
316
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Training And Service Act, as amended, after discharge
This is an official notice and must not be defaced by
from the Armed Forces.
anyone.
NORTHERN PETROCHEMICAL
This notice must remain posted for 60 consecutive days
COMPANY
from the date of posting and must not be altered, defaced,
(Employer)
or covered by any other material.
Any questions concerning this notice or compliance with
Dated
By
its provisions may be directed to the Board's Office,
(Representative)
(Title)
Savings Center Tower, 10th Floor, 411 Hamilton Boule-
vard, Peoria, Illinois 61602, Telephone 309-673-9061, Ext.
282.