Oil Chemical & Atomic Workers Local 1-128

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." 276