National Independent Coopers Union, Inc. (Blue Grass Cooperage Co., Inc.)

720 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD National Independent Coopers Union, Inc. (Blue Grass Cooperage Co., Inc.) and Leon Cargill. Case 9-CB-7264 September 14, 1990 DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS CRACRAFT AND DEVANEY On Apnl 6, 1990, Admimstrative Law Judge Peter E Donnelly issued the attached decision The General Counsel and the Respondent filed ex- ceptions and supporting bnefs The National Labor Relations Board has delegat- ed its authonty m this proceeding to a three- member panel The Board has considered the decision and the record in light of the exceptions and bnefs and has decided to affirm the judge's rulings, findings, 1 and conclusionss and to adopt the recommended Orders as modified 4 AMENDED REMEDY The first sentence of the fourth paragraph of the remedy section of the judge's decision shall be re- placed with the followmg "In addition, the Respondent shall be ordered to make Cargill whole for all losses of wages and ben- efits suffered by him as a result of the Union's dis- crimination until he is either reinstated by Blue Grass Cooperage Co, Inc, to his former or sub- stantially equivalent position or until he obtains substantially equivalent employment elsewhere Sheet Metal Workers Local 355 (Zinsco Electrical Products), 254 NLRB 773 (1981), enfd in pertment part 716 F 2d 1249 (9th Cir 1983) " 1 The Respondent has excepted to some of the judge's credibility find- ings The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect Standard Dry Wall Products, 91 NLRB 544 (1950), enfd 188 F 2d 362 (3d Cll. 1951) We have carefully examined the record and find no basis for reversing the findings The correct citation for Western Publishing Co in the first paragraph of the "Discussion and Analysis" section of the judge's decision is 263 NLRB 1110 (1982) 2 In adopting the judge's decision, we do not construe the third para- graph of the "Discussion and Analysis" section as meaning that sending a dues delinquency notice by certified or registered mail is the only possi- ble means of proving receipt 3 The General Counsel excepts to the judge's failure to provide for a continuing make-whole obligation until Cargill is either reinstated by the employer to his former or substantially equivalent position or until Car- gill obtains substantially equivalent employment elsewhere We find merit in the exception and amend the remedy accordingly 4 We find it unnecessary to pass on the alternative rationale in the sixth paragraph of the "Discussion and Analysis" section of the judge's deci- sion, i e, that even if the dues-delinquency notice was received by Car- gill, It was fatally defective ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Re- spondent, National Independent Coopers Union, Inc, Louisville, Kentucky, its officers, agents, and representatives, shall take the action set forth in the Order as modified 1 Insert the following as paragraph 2(c) and re- letter the subsequent paragraphs "(c) Make whole Leon Cargill, with interest, for any loss of pay he may have suffered in the manner set forth in the amended remedy section of this de- cision" Deborah Grayson, Esq , for the General Counsel I Joel Frockt, Esq and Donna Mathis, Esq , of Louisville, Kentucky, for the Respondent DECISION STATEMENT OF THE CASE PETER E DONNELLY, Administrative Law Judge The charge herein was filed on Apnl 25, 1989, by Leon Car- gill, an individual A complaint thereon was issued on June 6, 1989, 1 alleging that National Independent Coo- pers Union, Inc (thuon or Respondent) violated Section 8(b)(1)(A) and (2) of the Act by causing Blue Grass Cooperage Co, Inc (Employer or Company) to dis- charge Cargill, notwithstanding Respondent's failure to properly notify him of his obligation to pay dues, the amount of dues owed, the opportunity to tender such dues, and the consequences of his failure to pay such dues An answer was timely filed by Respondent A hearing was held before me on August 24, 1989, m Lou- isville, Kentucky Bnefs have been timely filed by Gen- eral Counsel and Respondent which have been duly con- sidered FINDINGS OF FACT I EMPLOYER The Employer is a corporation engaged m the manu- facture and sale of barrels at its Louisville, Kentucky fa- cility In the past 12 months, the Employer, in the course and conduct of its business operations, purchased and re- ceived at its Louisville, Kentucky facility products, 'There is conflicting testimony regarding some allegations of the com- plaint, particularly that of Cargill and Union Secretary-Treasurer Gerald Underwood In resolving these conflicts, I have taken Into consideration the apparent Interests of the witnesses In addition, I have considered the inherent probabilities, the probabilities in light of other events, corrobora- tion or lack of it, and consistencies or inconsistencies within the testimo- ny of each witness and between the testimony of each and that of other witnesses with similar apparent interests In evaluating the testimony of witnesses, I rely specifically upon their demeanor and have made my findings accordingly While apart from considerations of demeanor, I have taken Into account the above-noted credibility considerations, my failure to detail each of these is not to be deemed a failure on my part to have fully considered It Bishon & Malco Inc , 159 NLRB 1159, 1161 (1966) 299 NLRB No 110 COOPERS NIU (BLUE GREEN) 721 goods, and materials valued in excess of $50,000 directly from points outside the State of Kentucky The com- plaint alleges, the answer admits, and I find that the Em- ployer is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act II LABOR ORGANIZATION The complaint alleges, the answers admits, and I find that the Respondent is a labor organization within the meaning of Section 2(5) of the Act III ALLEGED UNFAIR LABOR PRACTICES A Facts Leon Cargill was indefinitely laid off on July 24, 1986 He was terminated by the Employer on November 4, 1988, 2 while on layoff pursuant to Respondent's request, under the union-security provisions of the Employer's contract with the Union Article 2 of the contract reads, in relevant part Section B It shall be a condition of employment that all Employees of the Employer covered by this agreement, who are members of the Union in good standing on the effective date of this agreement, shall remain members in good standmg, and those who are not members on the effective date of this- agreement shall, on the 30th calendar day following the effective date of this agreement, become and remain members in good standing It shall also be a condition of employment that all future Employees covered by this agreement, hired on or after its effective date on the 30th calendar date following such employment, become and remain members in good standing The execution date shall be substituted for the ef- fective date when such execution date follows the effective date Any Employee who fails to become a member of the Union withm the time limit set forth above or who fails to pay initiation fees and periodic dues shall be immediately discharged upon written notice from the Financial Secretary of the Union to the employer provided that the Union has made mem- bership available on the same terms and conditions generally applicable to other members, and the Union will not seek the discharge of any member for reasons other than failure of the Employee to tender the periodic dues and initiation fees uniform- ly required as-a condition of acquiring or retaining membership Every sixty (60) days the Union will notify the Personnel Department of all members on layoff who have been suspended for nonpayment of dues and who are, therefore, not eligible for recall Such people will be terminated and removed from the se- monty and recall lists of the Company 2 Ail dates refer to 1988 unless otherwise indicated The applicable language of the Union's constitution reads ARTICLE VIII—WITHDRAWAL CARD Section 1 During times of a lay-off or any shut-down of work, where an employee will be off work for an indefinite penod of time he may request a with- drawal card If an employee is off for one (1) month he must pay Ins or her union dues in full After an employee has been off for a penod of two (2) months he will be responsible to pay one-half (1/2) of his regular dues At the beginning of his third month he can pay five dollars ($5 00) and receive a withdrawal card The withdrawal card enables the employee to keep his seniority without paying dues for a period of six (6) months After six (6) months he may then reapply for another card Any person on S/A leave is also eligible, however, if he has earnings in the month he must count the followmg month as his first month off Section 2 After six (6) months he may then re-apply for an- other card, when he re-applies he must also pay an- other five dollars ($5 00) 3 Jack Stevenson was the secretary-treasurer of the Re- spondent for many years until his retirement on July 1, 1988, when he was succeeded by Gerald Underwood in that position Stevenson was secretary-treasurer at the time of the layoff of some 150 employees on July 24, 1986, which included Cargill After the layoff, according to Stevenson, withdrawal dues were paid either by Car- gill or on his behalf on November 14, 1986, and again on October 16, 1987 Receipts were issued to whoever paid the dues Cargill testified that he was unaware of any withdrawal dues being paid on his behalf after the 1986 layoff The dues receipt of November 14, 1986, 4 reads NATIONAL INDEPENDENT COOPERS UNION Incorporated No. 1076 11-14, 1986 Received of L Cargill 8 Dollars 75 Cents For Month of Aug 86-Aug 31, 87 Fee 18 Jack Stevenson, Treasurer The dues receipt of October 16, 1987, reads 3 The parties stipulated that at a union meeting on August 13, 1984, the Respondent's constitution was changed to provide that payment of 55 dues retained seniority for 1 year rather than 6 months Dues are current- ly $7 50 per month 4 Obviously, this is beyond the 2-month grace period provided under art 2, sec 4, of Respondent's constitution 722 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD NATIONAL INDEPENDENT COOPERS UNION Incorporated No. 1179 10-16-87, 19_ Received of Leon Cargill 5 Dollars 00 Cents For Month of Aug 86-July 31-88 Fee 18 J S, Treasurer As to the November 14 receipt, Stevenson testified that under the provisions of article VIII, the 1-month full dues had been deducted from Cargill's pay for July, one- half month dues ($3 75) were for the month of August and that 1 year's withdrawal dues ($5) constituted pay- ment until August 31, 1987, at which time, under the terms of article II, section 4 of the constitution, presum- ably Cargill had a 2-month grace period to October 31, 1987, to pay another $5 withdrawal dues The next dues payment for Cargill on October 16, 1987, recites that he was then paid to July 31, 1988 It would appear that this was a mistake since a second year withdrawal dues should have paid Cargill up until August 31, 1988, rather than July 31, 1988, as reflected in the receipt, making the next $5 payment, including the grace period, due on October 31, 1988 Stevenson also testified that prior to sending wammg notices to members, he contacted all of them either di- rectly or indirectly to advise them of their delinquencies, however no further contacts were made after the warn- mg notices were sent So it was that on July 1, 1988, when Underwood took over as secretary treasurer, Cargill's withdrawal dues were actually paid until August 31, 1988, despite the fact that the face of the receipt shows July 31, 1988 This means that with a 2-month grace period, Cargill's dues would have been paid until October 31 1988, as noted above On about October 18, 1988, Underwood spoke to Wil- liam Earl Kennedy, president of Respondent, and told him that he was going to suspend nine members, includ- ing Cargill, for nonpayment of dues Kennedy advised him, since these were the first employees being suspend- ed by Underwood, to "send a letter to be safe" On about October 20, Underwood again spoke to Kennedy, saying that he was sending out letters telling the employ- ees that they had to pay their $5 withdrawal dues by November 1 or be suspended Underwood testified that the notices were sent out The record contains two envelopes addressed to two of the nine employees with postmarks of October 20 and 24 These were returned by the post office to the Union as not deliverable Underwood testified that Cargill's notice was sent around the same tame, but he could not recall the date Underwood testified that a form letter used by his predecessor, Stevenson, was used by him to notify him nine members, including Cargill, of their de- linquencies According to Underwood, Cargill was sent the same letter sent to the others, one of which is in evi- dence and reads The Constitution of this Union Article VIII, Sec- tion 1 reads as follows "During times of a lay-off or any shut-down of work, where an employee will be off work for an indefinite period of time he may request a with- drawal card If an employee is off for one (1) month he must pay his or her union dues in full After an employee has been off for a period of two (2) months he will be responsible to pay one-half (1/2) of his regular dues At the begimung of his third month he can pay five dollars ($5 00) and receive a withdrawal card The withdrawal card enables the employee to keep his seniority without paying dues for a period of six (6) months After six (6) months he may then reapply for another card Any person on sick leave is also eligible, however, if he has earnings m the month he must count the following month as his first month" According to our records you owe dues of $500 in order to remain in good standing This amount will insure that you remain on the seniority list until Jan 1-1989 Article II Section 4 of the Constitution states that "When a member falls behind in the payment of his dues over a two (2) month period, he shall stand suspended, and in order to become reinstated after two (2) months, he shall pay the union a rein- statement fee If a member refuses to pay his dues the union will notify the company to discharge said employee" The Union has agreed to furnish the company a list of quarterly of the members m good standing Since it is time for this report, we must ask that you have all money due to us by 11-1-88 If we do not receive all monies due we will have no choice but to suspend you Underwood testified that prior to sending the notices, he had no personal contact with Cargill The letters were undated and sent regular mail rather than registered mail The Union did not retain any copy of Cargill's letter Underwood testified that he filled in the blanks in the letters to show the amount as "$5 00" which would ensure retention of seniority until "Jan 1-1989" and a sus- pension date of "11-1-88" if the moneys were not re- ceived by that date Underwood testified that on or about October 26 or 27, he got a telephone call from Cargill saying that he had received the letter and would send his dues in with another employee, Thomas John- son Underwood asked Johnson about this the next day, and Johnson said that Cargill had not sent in any dues by him Both Cargill and Johnson testified that Cargill had not spoken to Johnson about paying Cargill's dues Ac- cording to Underwood, Cargill called again within a couple of days and asked if Johnson had paid his dues Underwood said that he had not and Cargill said he would be out on Friday, October 28, to pay them Un- derwood replied that would be fine, but that if he did not get in by Monday, October 31, Underwood was turning the delinquent list Into the Company Cargill denied any conversations at all with Underwood during the week of October 24 Cargill did not appear to pay his dues and by letter dated Friday, November 4, Underwood notified the COOPERS NIU (BLUE GREEN) 723 Company that those nine employees had been suspended for nonpayment of dues The letter reads The following members have been suspended for nonpayment of dues, as required in Article # 2, sec- tion b of the current contract 1 Paul Whitehead 2 Shirley F Means 3 Gus Ray Metcalf 4 Barry T Nall 5 Mike S Noe 6 James C Allen 7 Mark Wayne Gilkey 8 Leon Cargill 9 William H Neal By notice of the same date, those nme employees were notified by the Company of their discharges under the union-security provisions of the contract That notice reads in pertinent part, "TERMINATE ART 2 SECT B Non-Payment of Union Dues" Cargill testified that he had been laid off previously from July 24, 1984, to January 7, 1985 At that time he had been advised by telephone from Jack Stevenson, then secretary-treasurer of Respondent, that he needed to pay $5 umon withdrawal dues It was paid for him by a friend named Robert Simpson The next layoff of over 100 employees came on July 24, 1986 Cargill testified that after this layoff, he re- ceived no call or any other notice from the Union about paymg $5 withdrawal dues and that he was first advised of his termination by notice from the Company dated November 4, 1988, reciting his failure to pay dues under the union-security provisions of the contract Cargill tes- tified that he received his termination notice about No- vember 7 and that prior to that time he had not been contacted either by letter or telephone by any union offi- cial concerning the payment of withdrawal dues Cargill contends that he was aware that laid-off employees were obliged to pay $5 withdrawal dues and could be termi- nated under the contract if they did not Cargill's mailing address is the home of his parents in Louisville, Ken- tucky Cargill testified that although he was not livmg at that address in October or November 1988, he received his mail there and went there on almost a daily basis for meals and to get his mail His mother, Delores Cargill, also testified that during this period of time, no letters to Cargill came from Respondent B Discussion and Analysis Under applicable Board and court precedent, when a union seeks to enforce the union-security provisions of a contract against unit employees, it has a fiduciary duty to fully mform the employee of his dues obligation before taking any action to effect his discharge Specifi- cally, the Umon has to give the employee, at minimum, reasonable notice of the delinquency, including a state- ment of the precise amount and months for which dues are owed and of the method used to compute this amount, tell the employee when to make the required payment, and explain to the employee that failure to pay will result m discharge Western Publishing Go, 263 NLRB 1010 (1982), Communications Workers Local 9509 (Pacific Bell), 295 NLRB 196 (1989) Respondent contends that Cargill was aware of his dues obligations and willfully sought to evade them The record does not support this contention While the record shows that Cargill was aware of a dues obligation under the union-security provisions of the contract, this knowledge does not relieve the Union of its fiduciary duty to advise Cargill, with the requisite specificity, what he must do to retain membership so as to avoid dis- charge Hemsley-Spear, Inc , 275 NLRB 262 (1985) Let us consider the above-noted criteria as they apply to the mstant case Under the union-security provisions of the contract, Cargill's job depended on the payment of his dues to Respondent A special fiduciary relation- ship exists, and the Union is responsible for a full and de- tailed disclosure of any dues delinquency to Cargill Nonetheless, Respondent sent the notice letter regular mail It would seem that m circumstances where a dues delinquency ultimately results in a loss of employment, basic fairness dictates notice by some sort of certified or registered mail with a return receipt or some other veri- fiable means of notice This omission alone is a fatal defi- ciency In my opinion, the discharge of Respondent's fi- duciary responsibility demands that where receipt is denied, Respondent be obligated to provide some sort of direct evidence to establish that notice was sent and re- ceived Where the loss of employment is involved, that precaution is little enough to require As to the actual mailmg and receipt of a notice letter, we must evaluate Respondent's contention that the delin- quency letter was sent by Respondent and received by Cargill The evidence to support the mailing is weak, consistmg entirely of Underwood's testimony to that effect He is not certain of the date, which could have been as late as October 24, or perhaps even later No copy files were retained by Respondent, and since the notices were sent regular mail, no return receipts were obtained Respondent, however, argues that receipt is es- tablished by two alleged telephone calls from Cargill to Underwood wherem Cargill acknowledged receipt of the delinquency letter and promised payment As to the first of these conversations, Underwood testified that Cargill stated that he would send in his dues by another employ- ee Thomas Johnson However, Johnson and Cargill both testified that Cargill never spoke to Johnson about paying Cargill's dues It seems unlikely that in these cir- cumstances that Cargill would have told Underwood that Johnson was going to pay his dues and yet never have spoken to Johnson about it In the second conversa- tion, according to Underwood, after being advised that Johnson had not paid his dues, Cargill said that he would be in Friday, apparently October 28, to pay his dues but did not appear Underwood also testified that Cargill called him after the NLRB charge herein was filed, saying that he would deny receiving any delinquency letter However, it is difficult to understand why Cargill would undermine his own case m that fashion Having reviewed the entire record, and in view of the Cargill's denials, I am not satisfied, based on the credibil- ity criteria set out above, that these conversations took 724 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD place and therefore do not assist Respondent in establish- mg Respondent's contention that Cargill was sent and re- ceived the delinquency letter However, even assuming that the delinquency notice was received by Cargill, it was fatally defective First, the notice recites, inter slut, quoting the constitution, "The withdrawal card enables the employee to keep his seniority without paying dues for a period of six months" In fact, as noted above, the parties stipulated that this provision of the constitution had been changed on August 13, 1984, and payment of a $5 withdrawal dues retained seniority for 1 year, rather than 6 months Also, the delinquency letter reads According to our records, you owe dues of $500 in order to remain in good standmg This amount will insure that you remain on the seniority list until Jan 1, 1989 This was erroneous information In fact, payment, as amended, of $5 would ensure retention of seniority under the terms of the constitution until August 31, 1989 Full payment to "Jan 1, 1989" would be less than half of the $5 dues being solicited in the letter In view of these in- accuracies, I conclude that the Respondent did not meet its obligation to advise Cargill of the precise amount and months for which he owed dues and the method used to compute them as required under the above-cited Board authority Again, even assuming that the notice was received by Cargill, it is my opinion that he was not afforded suffi- cient time to make payment First, the receipt of October 16, 1987, is clearly an error Cargill had previously paid dues until August 31, 1987 The payment on October 16, 1987, of 1 year's dues paid him up until August 31, 1988, not July 31, 1988, as the dues receipt states Given the 60-day grace period, this would make Cargill delinquent on November 1, as the delinquency notice recites Un- derwood could not testify, except in a general way, about when the notice was sent It could have been sent, like the delinquency notice to Shirley Means, on October 24 or even later Under Board law, any umt employee is entitled to a reasonable opportunity to make payment after receipt of the notification of delinquency United Metaltronics Local 955 (Pharmaseal Laboratories), 254 NLRB 601 (1981) In the circumstances of this case, Cargill was not given any such reasonable opportunity even if the delinquency letter was received and even if it met the criteria for ap- propriate notice I cannot conclude that Cargill would have adequate time to discharge his dues obligations, and on these grounds alone, it was unlawful for the Union to have requested his discharge In summary, I conclude that the evidence is not suffi- cient to establish either that the delinquency notice was sent by the Respondent or received by Cargill and that, even if the delinquency letter were received by Cargill, it failed to adequately provide Cargill with reasonable notice of any dues delinquency under the criteria estab- lished by the Board for such notice Finally, even if the delinquency notice did provide adequate notice, Cargill was not given sufficient time to have discharged his dues obligation prior to the November 1 suspension date IV THE EFFECT OF THE UNFAIR LABOR PRACTICES ON COMMERCE The activities of Respondent, set forth in section III, above, occurring in connection with Respondent's oper- ations described in section I, above, have a close and in- timate relationship to trade, traffic, and commerce among the several States and tend to lead to labor dis- putes burdening and obstructing commerce and the free flow of commerce V THE REMEDY Having found that Respondent has violated the Act as alleged, I shall recommend that it cease and desist there- from and from engaging in any like or related conduct and that it post an appropriate notice, signing additional notices for posting by the Employer should the Employ- er so desire Respondent shall further be ordered to advise the Em- ployer and Cargill, in writing, that it withdraws and re- scinds its request for his discharge and that it has no ob- jection to his reinstatement without loss of seniority or other rights and privileges previously enjoyed by him Respondent shall further be ordered to request, in writing, the Employer to remstate Cargill In addition, Respondent shall be ordered to make Car- gill whole for any loss of pay he may have suffered as result of the discrimination practiced against him All backpay and reimbursement provided herein, with inter- est, shall be computed in the manner described in New Horizons for the Retarded, 5 and F W Woolworth Compa- ny, 90 NLRB 289 (1950) CONCLUSIONS OF LAW 1 The Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act 2 Respondent is a labor organization within the mean- ing of Section 2(5) of the Act 3 Respondent has violated Section 8(b)(1)(A) and (2) of the Act by causing the discharge of employee Leon Cargill for nonpayment of dues and mitiation fees in a manner which did not satisfy its fiduciary obligation to said employee 4 The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Sec- tion 2(6) and (7) of the Act On these findings of fact and conclusions of law and on the entire record, I issue the following recommend- ed6 5 In accordance with the Board's decision in New Horizons for the Re- tarded, 283 NLRB 1083 (1987), Interest on or after January 1, 1987, shall be computed at the "short-term Federal rate" for the underpayment of taxes as set out in the 1986 amendment to 26 U S C § 6621 Interest on amounts accrued prior to January 1, 1987 (the effective date of the 1986 amendment to 26 U S C § 6621), shall be computed in accordance with Florida Steel Corp, 231 NLRB 651 (1977) ° If no exceptions are filed as provided by Sec 102 46 of the Board's Rules and Regulations, the findings, conclusions, and recommended Continued COOPERS NIU (BLUE GREEN) 725 ORDER The Respondent, National Independent Coopers Union, Inc , its officers, agents, and representatives, shall 1 Cease and desist from (a) Causing or attempting to cause Blue Grass Cooper- age Co, Inc , to discharge or otherwise discriminate against employee Leon Cargill or any other employee for failure to timely tender initiation fees or periodic dues without adequately advising them of their obliga- tions (b) In any like or related manner restraining or coerc- ing employees in the exercise of their rights guaranteed them in Section 7 of the Act 2 Take the following affirmative action necessary to effectuate the policies of the Act (a) Advise Bluegrass Cooperage Co, Inc and Leon Cargill, in writing, that Respondent withdraws and re- scinds its request for the discharge of said employee and that it has no objection to his reinstatement without loss of seniority and other rights and privileges previously enjoyed by him (b) Affirmatively request Blue Grass Cooperage Co, Inc , in writing, to-reinstate Cargill (c) Make whole the named employee, with interest, for any loss of pay he may have suffered in the manner set forth in the remedy section of this decision (d) Post at its business office on any union bulletin board at the plant copies of the attached notice marked "Appendix " 7 Copies of the said notice, on forms provid- ed by the Regional Director for Region 9, after being duly signed by Respondent's representative, shall be posted by Respondent immediately upon receipt thereof and be maintained by it for 60 consecutive days thereaf- ter in conspicuous places, including all places where no- tices to members are customarily posted Reasonable steps shall be taken by Respondent to ensure that said notices are not altered, defaced, or covered by any other material (e) Forward a sufficient number of signed copies of the notice to the Regional Director for Region 9 for posting Order shall, as provided in Sec 102 48 of the Rules, be adopted by the Board and all objections to them shall be deemed waived for all pur- poses 7 1f this Order is enforced by a judgment of a United States court of appeals, the words m the notice reading "Posted by Order of the Nation- al 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" by the Employer in places where notices to employees are posted, if the Employer is willing to do so (f) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Re- spondent has taken to comply APPENDIX NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated the National Labor Relations Act and has or- dered us to post and abide by this notice WE WILL NOT cause or attempt to cause Blue Grass Cooperage Co, Inc to discharge or otherwise discrimi- nate against Leon Cargill or any other employee for fail- ure to timely tender initiation fees or periodic dues with- out adequately advising them of their obligations WE WILL NOT in any like or related manner restram or coerce employees in the exercise of their rights guaran- teed m Section 7 of the Act WE WILL advise Bluegrass Cooperage Co, Inc and Leon Cargill, in writing, that we withdraw and rescind our request for his discharge, and that we have no objec- tion to his reinstatement without loss of seniority and other rights and privileges previously enjoyed by him WE WILL affirmatively request Blue Grass Cooperage Co, Inc , in writing, to reinstate Leon Cargill WE WILL make the above-named employee whole, with mterest, for any loss of pay suffered because of the discrimination against him NATIONAL INDEPENDENT COOPERS UNION, INC