Sun Oil Co. of Pennsylvania

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