Food Employers Council, Inc.

National Labor Relations Board - Board Decisions

Mar 15, 1967

163 N.L.R.B. 426 (N.L.R.B. 1967)

426 DECISIONS OF NATIONAL
Food Employers Council , Inc., Respondent
Employer and Los Angeles Joint Executive
Board of Hotel and Restaurant Employees
and Bartenders Unions, AFL-CIO ; Hotel,
Motel , Restaurant Employees and
Bartenders Union , Local 694, AFL-CIO,
Charging Parties and Thriftimart, Inc.,
Great A. & P. Tea Co., Crawford Stores,
Lucky Stores, Inc., Hughes Markets, Von's
Grocery Co., and Safeway Stores, Inc.
Parties to the Contract
Retail Clerks Union, Local 770 (Food
Employers Council, Inc.) Respondent
Union and Los Angeles Joint Executive
Board of Hotel and Restaurant Employees
and Bartenders Unions, AFL-CIO; Hotel,
Motel , Restaurant Employees and
Bartenders Union, Local 694, AFL-CIO
Charging Parties and Thriftimart, Inc.,
Great A. & P. Tea Co., Crawford Stores,
Lucky Stores, Inc., Hughes Markets, Von's
Grocery Co., and Safeway Stores, Inc.
Parties to the Contract. Cases 31-CA-146
(Formerly 21-CA-6125) and 31-CB-35 (Formerly
21-C B-2378).
March 15, 1967
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND ZAGORIA
On July 22, 1966, Trial Examiner David Karasick
issued his Decision in the above-entitled proceeding,
finding that the Respondents had engaged in and
were engaging in certain unfair labor practices and
recommending that they cease and desist therefrom
and take certain affirmative action, as set forth in
the attached Trial Examiner's Decision. Thereafter,
the Respondent Employer and Respondent Union
filed exceptions to the Trial Examiner's Decision
and Respondent Union filed a brief in support of its
exceptions.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial error was
committed. The rulings are hereby affirmed. The
Board has considered the Trial Examiner's Decision,
the exceptions and brief, and the entire record in the
case, and hereby adopts the findings, conclusions,
' We have modified the Trial Examiner's Recommended Order
to make it clear that Respondent Council is being directed to
withdraw recognition from Respondent Clerks as collective-
bargaining representative pursuant to the terms of their
LABOR RELATIONS BOARD
and recommendations of the Trial Examiner, as
modified herein.'
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the
Recommended Order of the Trial Examiner, as
modified below, and hereby orders that the
Respondent, Food Employers Council, Inc., its
officers, agents, successors, and assigns, and
Respondent Retail Clerks Union, Local 770, its
officers, agents, and representatives, shall take the
action set forth in the Trial Examiner's
Recommended Order, as herein modified.
1. Paragraph 1(a) of the Trial Examiner's
Recommended Order directed to the Respondent
Company is modified to read as follows:
"(a) Contributing support to Retail Clerks
Union, Local 770, by recognizing the said labor
organization as the representative of snack bar
employees of employer-members of Food
Employer's Council, Inc."
2. Paragraph 1(c) of the Trial Examiner's
Recommended Order directed to the Respondent
Company is modified to read as follows:
"(c) Giving effect to the aforementioned
collective-bargaining agreement or to any
extension, renewal, or modification thereof, to
the extent that said agreement purports to cover
snack bar employees of the employer-members
of Food Employers Council, Inc., who are
parties to the contract of April 1, 1964;
provided, however, that nothing in this order
shall require Food Employers Council, Inc., or
its employer-members, to vary or abandon any
wage, hour, seniority, or other substantive
feature of said employer-members' relations
with snack bar or other employees which have
been established in the performance of the
aforesaid collective-bargaining agreement or to
prejudice the assertion by the snackbar
employees of any rights they may have
thereunder."
3. Paragraph 1(d) of the Trial Examiner's
Recommended Order directed to the Respondent
Company is modified to read as follows:
"(d) Encouraging membership in Retail,'
Clerks Union, Local 770, or in other labor
organization, by conditioning the hire or tenure
of employment or any term or condition of
employment of snack bar employees, upon
membership in, affiliation with, or dues
payments to, any such labor organization,
agreement of April 1, 1964, only to the extent that such agreement
purports to cover snack bar employees of employer-members
of the Council
163 NLRB No. 58
FOOD EMPLOYERS COUNCIL, INC.
except as authorized in Section 8(a)(3) of the
National Labor Relations Act, as amended."
4. Paragraph 1(a) of the Trial Examiner's
Recommended Order directed to the Respondent
Union is modified to read as follows:
"(a) Causing or attempting to cause
Respondent Food Employers Council, Inc., or
its employer-members, to discriminate against
snack bar employees by giving effect to its
agreement of April 1, 1964, or to any extension,
renewal, or modification thereof to the extent
that such agreement seeks to cover snack bar
employees of employer-members of Food
Employers Council, Inc., who are parties to the
agreement."
5. The third indented paragraph of the notice in
the Trial Examiner's Decision marked "Appendix
A" is modified to read as follows:
WE WILL NOT contribute support to Local 770,
by recognizing the said labor organization as the
representative of our snack bar employees.
6. The fourth indented paragraph of the notice in
the Trial Examiner's Decision marked "Appendix
A" is modified to read as follows:
WE WILL NOT encourage membership in
Local 770, or in any other labor organization, by
conditioning the hire or tenure of employment
or any term or condition of employment of
snack bar employees, upon membership in,
affiliation with, or dues payment to, any such
labor organization, except as authorized by
Section 8(a)(3) of the National Labor Relations
Act, as amended.
7. The fifth indented paragraph of the notice in
the Trial Examiner's Decision marked "Appendix
A" is modified to read as follows:
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our snack bar
employees in the exercise of their rights
guaranteed in Section 7 of the Act.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
DAVID KARASICK, Trial Examiner: This matter was
heard at Los Angeles, California, on January 25 and 26,
1966. The complaint' alleges that Food Employers
Council, Inc., herein called Respondent Council and
Retail Clerks Union, Local 770, herein called Respondent
Clerks, and collectively called herein the Respondents,
have engaged in unfair labor practices within the meaning
of Section 8(a)(1), (2), and (3) and 8(b)(1)(A) and (2) of the
National Labor Relations Act, as amended.
Upon the entire record in the case,2 and from my
observations of the witnesses , I make the following:
' The complaint issued on November 16, 1965, following the
filing of charges jointly by Local 694 and the Joint Board on
August 20, 1964, in Cases 21-CA-6125 and 21-CB-2378 and first
amended charges filed jointly by the same parties on
FINDINGS OF FACT
427
1. THE BUSINESS OPERATIONS OF THE EMPLOYERS
Respondent Council is a nonprofit corporation
composed of employer-members, most of whom are
engaged in the retail food market business in Southern
California. Since about 1941, Respondent Council has
bargained collectively for its members and has negotiated
master collective-bargaining agreements with labor
organizations, including Respondent Clerks.
The employer-members of Respondent Council during
the course of their retail operations annually gross in
excess of $500,000 and annually purchase and receive
directly from points and places located outside the State of
California goods and products valued in excess of $50,000.
Thriftimart, Inc., an employer-member of Respondent
Council for the purposes of collective bargaining, operates
retail food stores in the Southern California area. Its only
stores involved in this proceeding are located at 2600
South Vermont Avenue, Los Angeles, California, and
20934 Roscoe Boulevard, Canoga Park, California.
Great A. & P. Tea Co., an employer-member of
Respondent Council for the purposes of collective
bargaining, operates retail food stores in the Southern
California area. Its only store involved in this proceeding is
located at 1835 South LaCienega Boulevard, Los Angeles,
California.
Crawford Stores, an employer-member of Respondent
Council for the purposes of collective bargaining, operates
retail food stores in the Southern California area. Its only
store involved in this proceeding is located at 1421 East
Valley Boulevard, Alhambra, California.
Lucky Stores, Inc., an employer-member of Respondent
Council for the purposes of collective bargaining, operates
retail food stores in the Southern California area. Its only
store involved in this proceeding is located at 10721
Atlantic Avenue, Lynwood, California.
Hughes Markets, an employer-member of Respondent
Council for the purposes of collective bargaining, operates
retail food stores in the Southern California area. Its only
stores involved in this proceeding are located at 14440
Burbank Boulevard, Van Nuys, California, 16940
Devonshire, Granada Hills, California, 4520 Van Nuys
Boulevard, Sherman Oaks, California, 1100 North San
Fernando Road, Burbank, California, and 10400 North
Sepulveda, Mission Hills, California.
Von's Grocery Co., an employer-member of Respondent
Council for the purposes of collective bargaining, operates
retail food stores in the Southern California area. Its only
store involved in this proceeding is located at 6921 La
Tijera Boulevard, Los Angeles, California.
Safeway Stores, Inc., was, until January 1965, an
employer-member of Respondent Council for the purposes
of collective bargaining, operating retail food stores in the
Southern California area. Its only store involved in this
proceeding is located at 4707 Venice Boulevard, Los
Angeles, California.
Respondent Council and Thriftimart, Inc., Great A. &
P. Tea Co., Crawford Stores, Lucky Stores, Inc., Hughes
Markets, Von's Grocery Co., and Safeway Stores, Inc.,
each is, and has been at all times material herein,
individually and collectively, an employer engaged in
September 3, 1965, in Cases 31-CA-146 and 31-CB-35
L The unopposed posthearing motion of the General Counsel to
correct errors in the transcript is hereby granted
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
commerce and in a business affecting commerce within
the meaning of Section 2(2), (6), and (7) of the Act.
II. THE LABOR ORGANIZATIONS INVOLVED
Los Angeles Joint Executive Board of Hotel and
Restaurant Employees and Bartenders Unions, AFL-CIO,
herein called the Joint Board ; Hotel , Motel , Restaurant
Employees and Bartenders Unions, Local 694, AFL-CIO,
herein called Local 694 ; and the Respondent Clerks are
labor organizations within the meaning of Section 2(5) of
the Act.
III. THE UNFAIR LABOR PRACTICES ALLEGED
A. The issue
These proceedings arise as the result of a dispute
between Respondent Clerks and Local 694 and the Joint
Board over the right to represent snack bar employees of
the employer-members of Respondent Council who are
parties to a collective-bargaining agreement entered into
on their behalf by Respondent Council with Respondent
Clerks. The primary issue is whether Respondent Council
and Respondent Clerks were justified in extending the
terms of their contract, which covered retail clerks of food
markets in a multiemployer unit, to include snack bar
employees of some of the employers at a time when
Respondent Clerks did not represent a majority of the
snack bar employees although it did represent a majority
of the overall group of employees covered by the contract.
B. The facts
The seven employer-members of Respondent Council
involved in these proceedings operate retail food markets
in Southern California and at all times material herein
have been parties to a contract, entered into on their
behalf by Respondent Council with Respondent Clerks,
effective for a 5-year term from April 1, 1964, through
March 31, 1969. This contract covers retail clerks who are
engaged in food, bakery, candy, and general merchandise
operations and supersedes an earlier agreement between
the same parties which ran from January 1, 1959, through
March 31, 1964. At the time the earlier agreement was
executed, no snack bars were in existence but during its
term some of the employers who were parties to the
agreement established such bars.3 However, the
employees of these snack bars were not represented by
Respondent Clerks. The contract of April 1, 1964, for the
first time included snack bar employees in the unit,
together with other categories of employees.
At the time the present contract was executed,
Respondent Clerks did not represent a majority of the
snack bar employees, as distinguished from the overall
group of employees covered. However, the Joint Board or
Local 694 did then and presently does represent snack bar
employees of some, but not all, of the employer-members
of the Respondent Council who are parties to the April 1,
1964, contract. The existing agreement expressly excludes
culinary employees who are represented by the Joint
Board or Local 694.4 The General Counsel and the
Charging Parties contend that the snack bars constitute a
distinct and separate operation and that the snack bar
employees were entitled to determine for themselves in an
election whether they wish to be included in the overall
unit. The Respondents, on the other hand, assert that the
employees of the snack bars constitute an accretion to the
preexisting unit and were therefore properly covered by
the terms of the April 1,1964, agreement.
The parties stipulated that: the snack bars involved in
these proceedings prepare food which in some cases is
consumed at counters or tables on the premises of the
retail market in which the snack bar is located and on
other occasions is consumed elsewhere; the snack bars
are located outside of the area of the check stands in the
markets; all purchases made at the snack bars are paid for
at the snack bar registers; there are no other employees in
the stores or markets who perform the type of work done
at the snack bars, although in emergencies, clerks, clerks'
helpers, or box boys will relieve snack bar employees;
there is no interchange of employees between the snack
bars and other'; departments of the stores, although on
occasion snack bar employees have moved to other jobs
within the stores; and there is a department manager who
has authority over the snack bars and who is responsible in
turn to the store manager.
An examination of the provisions of the existing contract
shows that the hours, wages, and working conditions of
snack bar employees are different from those of the other
employees. Thus, split shifts are permitted for snack bar
employees but prohibited for all other employees. A
guarantee of 8 hours work at a Sunday premium rate of
pay which is applicable to all retail clerks, except part-
time clerks' helpers, is not applicable to snack bar
employees. Employees of snack bars which operate as
such, exclusively receive the same wages as those
accorded clerks' helpers but the present agreement
provides that future wage increases shall either be the
same as those negotiated for clerks' helpers "or those
negotiated by the hotel and restaurant industry, which-
ever are greater." Snack bar employees are entitled to
meals while other employees are not.
C. Concluding findings
The evidence thus shows that: snack bar employees are
engaged in a different type of work than that performed
by the retail clerks in the food markets; there is no
interchange between such employees; the snack bars are
located outside the check stands of the markets and thus
are physically separated from the areas where the other
retail clerks work; the snack bar employees are under
separate supervision; they may work split shifts; and that
premium rates of pay for Sunday work are not applicable
to them. Thus it is clear that the terms and conditions of
employment of snack bar employees are different from
those of the retail clerks and that they have a community
of interest apart from them.5
Upon the foregoing facts and upon the record as a
whole, I find that the snack bars were not an accretion to
the existing unit but instead constituted a separate and
distinct operation. By extending the contract of April 1,
1964, which includes a union-security provision, to cover
See The Boy's Markets, Inc, et at. , 156 NLRB 105
The contract also expressly excludes from its coverage meat
department employees and janitorial and maintenance personnel,
both of which groups are represented by other unions
' See Ptggly Wiggly California Company, 144 NLRB 708, 711
That case and The Boy's Markets, Inc , et at , 156 NLRB 105, both
concern themselves with other questions arising as a result of the
dispute between the Respondents and the Charging Parties in
these proceedings in regard to the representation of snack bar
employees
FOOD EMPLOYERS COUNCIL, INC. 429
snack bar employees, at a time when Respondent Clerks
did not represent a majority of such employees,
Respondent Council and Respondent Clerks unlawfully
infringed upon the right of the snack bar employees to
express a free choice of their bargaining representative. In
so doing Respondent Council violated Section 8(a)(1), (2),
and (3) and Respondent Clerks violated Section 8(b)(1)(A)
and (2) of the Act.6
IV. CONCLUSIONS OF LAW
1. Respondent Council and its employer-members
named herein are, individually and collectively, an
employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act.
2. Respondent Clerks is a labor organization within the
meaning of Section 2(5) of the Act.
3. By applying the terms of the union-security contract
of April 1, 1964, to the snack bar employees of the
employer-members of Respondent Council, not otherwise
covered by a collective-bargaining agreement with another
union, as mentioned above in section III, Respondent
Council has engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(1), (2), and (3)
of the Act and Respondent Clerks has engaged in unfair
labor practices within the meaning of Section 8(b)(1)(A)
and (2) of the Act.
4. The aforesaid unfair labor practices affect commerce
within the meaning of Section 2(6) and (7) of the Act.
V. THE REMEDY
Having found that the Respondents have engaged in
unfair labor practices, I shall recommend that they cease
and desist therefrom and that they take certain affirmative
action designed to effectuate the policies of the Act.
It shall be recommended that Respondent Council
withdraw all recognition from Respondent Clerks as
collective-bargaining representative pursuant to the terms
of the collective-bargaining agreement of April 1, 1964,
unless and until Respondent Clerks shall have been duly
certified by the Board as such representative. It further
shall be recommended that Respondent Council cease and
desist from giving any force or effect to the said collective-
bargaining agreement executed and maintained by the
Respondents, insofar as said agreement has been
extended to cover snack bar employees, or to any
modification, extension, supplement, or renewal thereof.
However, nothing herein shall be construed as requiring
Respondent Council or its employer-members to vary or
abandon any wage, hour, seniority, or other substantive
feature of their relations with their employees which have
been established in the performance of said contract.
It also shall be recommended that Respondent Clerks
cease and desist from acting as the collective-bargaining
representative of the snack bar employees of the
employer-members of Respondent Council, unless and
until Respondent Clerks shall have been duly certified by
the Board as such representative, and that it shall refrain
from seeking to enforce the collective-bargaining
agreement executed and maintained by the Respondents
insofar as snack bar employees are concerned.7
The General Counsel urges, in addition, that the
Respondents be required, jointly and severally, to
reimburse the snack bar employees for all initiation fees,
dues, or other obligations paid by them pursuant to the
provisions of the collective-bargaining agreement in
question. There is no evidence that the snack bar
employees were coerced into joining or into signing
checkoff authorizations running to Respondent Clerks. In
the absence of such evidence, the order sought by the
General Counsel is unwarranted.8
RECOMMENDED ORDER
Upon the entire record in these proceedings, and the
foregoing findings of fact and conclusions of law, it is
recommended that Respondent Food Employers Council,
Inc., its officers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Contributing support to Retail Clerks Union,
Local 770, or to any other labor organization of its
employees.
(b) Recognizing Retail Clerks Union, Local 770, as the
representative of the snack bar employees of its employer-
members who are parties to the collective-bargaining
agreement of April 1, 1964, covering retail food, bakery,
candy, and general merchandise clerks, for the purpose of
dealing with Food Employers Council, Inc., on behalf of its
employer-members, concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or
other conditions of employment, unless and until said
labor organization shall have demonstrated its exclusive
majority representative status pursuant to a Board-
conducted election among said snack bar employees.
(c) Giving effect to the aforementioned collective-
bargaining agreement or to any extension, renewal, or
modification thereof; provided, however, that nothing in
the order here recommended shall require Food
Employers Council, Inc., or its employer-members, to vary
or abandon any wage, hour, seniority, or other substantive
feature of said employer-members' relations with snack
bar or other employees which have been established in the
performance of the aforesaid collective-bargaining
agreement or to prejudice the assertion by the snack bar
employees of any rights they may have thereunder.
(d) Encouraging membership in Retail Clerks Union,
Local 770, or in any other labor organization, by
conditioning the hire or tenure of employment or any term
or condition of employment upon membership in,
affiliation with, or dues payments to any such labor
organization, except as authorized in Section 8(a)(3) of the
National Labor Relations Act, as amended.
(e) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of the
rights guaranteed them in Section 7 of the Act.
6 SeeDura Corporation , 153 NLRB 592; Dancker & Sellew, Inc,
140 NLRB 824 , enfd 330 F .2d 46 (C.A 2); Wolfer Printing Co ,
Inc , 145 NLRB 695 In view of the conclusions reached herein, I
do not regard it as necessary to determine whether the overall unit
of retail clerks which includes all snack bar employees except
those already represented by another union is appropriate, as the
Joint Council contends in its brief The basic issue in these
proceedings is whether the extension of recognition with respect
to a specific group of employees was lawful, irrespective of the
appropriateness of the unit set forth in the contract See
Bernhard-Altmann Texas Corporation, 122 NLRB 1289, 1291
7 Ellery Products Manufacturing Co , Inc, 149 NLRB 1388,
Dura Corporation, 153 NLRB 592.
N Duralue Co., Inc., 132 NLRB 425, 429; Couch Electric
Company, 143 NLRB 662. Cf. Gladys A Juett, etc, 137 NLRB
395, Wolfer Printing Co , Inc , 145 NLRB 695, 702.
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action designed to
effectuate the policies of the Act:
(a) Withdraw and withhold all recognition from Retail
Clerks Union, Local 770, as the exclusive representative of
the snack bar employees of its employer-members who are
parties to the aforesaid collective-bargaining agreement
for the purposes of collective bargaining unless and until
said labor organization has been duly certified by the
National Labor Relations Board as the exclusive
representative of such employees.
(b) Notify all snack bar employees of its employer-
members that they need not join or maintain membership
in Retail Clerks Union, Local 770, pursuant to the
aforesaid agreement, as a condition of employment.
(c) Post at the food markets of each of the employer-
members who are parties to these proceedings9 copies of
the attached notice marked "Appendix A."10 Copies of
said notice, to be furnished by the Regional Director for
Region 31, after being duly signed by an authorized
representative of Respondent Food Employers Council,
Inc., shall be posted by said Respondent immediately
upon receipt thereof, and be maintained by it for 60
consecutive days thereafter, in conspicuous places,
including places where notices to employees are
customarily posted. Reasonable steps shall be taken to
insure that said notices are not altered, defaced, or
covered by any other material.
(d) Notify the aforesaid Regional Director, in writing,
within 20 days from the date of service of this Trial
Examiner's Decision, what steps said Respondent has
taken to comply herewith.I I
Respondent, Retail Clerks Union, Local 770, its officers,
agents, and representatives, shall:
1. Cease and desist from:
(a) Causing or attempting to cause Respondent Food
Employers Council, Inc., or its employer-members, to
discriminate against snack bar employees by giving effect
to its agreement of April 1, 1964, or to any extension,
renewal, or modification thereof.
(b) Causing or attempting to cause Respondent Food
Employers Council, Inc., or its employer-members who
are parties to the collective-bargaining agreement of
April 1, 1964, to discriminate against snack bar employees
by conditioning their hire or tenure of employment or any
term or condition of employment upon membership in,
affiliation with, or dues payment to Respondent Retail
Clerks Union, Local 770, except as authorized in Section
8(a)(3) of the National Labor Relations Act, as amended.
(c) In any like or related manner restraining or coercing
snack bar employees of Respondent Food Employers
Council, Inc., or its employer-members who are parties to
the aforesaid collective- bargaining agreement of April 1,
1964, in the exercise of the rights guaranteed them in
Section 7 of the Act, except to the extent that such rights
may be affected by an agreement requiring membership in
a labor organization as a condition of employment, as
authorized in Section 8(a)(3) of the National Labor
Relations Act, as amended.
2. Take the following affirmative action which will
effectuate the policies of the Act:
(a) Post at its offices and meeting halls copies of the
attached notice marked "Appendix B."12 Copies of said
notice, to be furnished by the Regional Director for Region
31, after being duly signed by an authorized representative
of Respondent Retail Clerks Union, Local 770, shall be
posted by it immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter, in
conspicuous places, including places where notices to
employees are customarily posted. Reasonable steps shall
be taken to insure that said notices are not altered,
defaced, or covered by any other material.
(b) Mail to the Regional Director for Region 31, signed
copies of the attached notice marked "Appendix B" for
posting by Respondent Food Employers Council, Inc., at
the food markets of each of the employer-members who
have been made parties to these proceedings, as provided
herein. Copies of said notice, to be furnished by the
Regional Director, shall, after being duly signed by an
authorized representative of Respondent Retail Clerks
Union, Local 770, be forthwith returned for such posting.
(c) Post at the same places, and under the same
conditions as set forth in (b) immediately above, copies of
Respondent's Food Employers Council, Inc., attached
notice marked "Appendix A" as soon as they are
forwarded by the Regional Director.
(d) Notify said Regional Director, in writing , within 20
days from the date of the service of this Trial Examiner's
Decision, what steps said Respondent has taken to comply
herewith. i 3
IT IS FURTHER RECOMMENDED that unless , within said
20 day period, the Respondents shall have notified said
Regional Director, in writing, that they will comply with
the foregoing Recommended Order, the National Labor
Relations Board issue an order requiring the Respondents
to take the action aforesaid.
N L R B v E F Shuck Construction Co , Inc , et a/ , 243 F 2d
519 (C A 9)
1' In the event that this Recommended Order is adopted by the
Board, the words "a Decision and Order " shall be substituted for
the words "the Recommended Order of a Trial Examiner" in the
notice In the further event that the Board's Order is enforced by
a decree of a United States Court of Appeals , the words "a Decree
of the United States Court of Appeals Enforcing an Order" shall
be substituted for the words "a Decision and Order "
" In the event that this Recommended Order is adopted by the
Board , this provision shall be modified to read "Notify said
Regional Director , in writing , within 10 days from the date of this
Order, what steps Respondent has taken to comply herewith "
' See footnote 10, supra
See footnote 11, supra
APPENDIX A
NOTICE TO ALL SNACK BAR EMPLOYEES OF THRIFTIMART,
INC.; GREAT A.&P. TEA CO.; CRAWFORD STORES; LUCKY
STORES, INC.; HUGHES MARKETS; VON'S GROCERY CO.;
AND SAFEWAY STORES, INC.
Pursuant to a Recommended Order of a Trial Examiner
of the National Labor Relations Board, and in order to
effectuate the policies of the National Labor Relations
Act, as amended, we hereby notify you that:
WE WILL NOT recognize Retail Clerks Union,
Local 770, as the exclusive bargaining representative
of snack bar employees of the employer-members of
Food Employers Council, Inc., who are parties to the
contract of April 1, 1964, unless and until that Union
has been certified by the National Labor Relations
Board.
WE WILL NOT give effect to our agreement of
April 1, 1964, with Local 770, or to any extension,
renewal, or modification thereof, to the extent that
said agreement purports to cover snack bar
employees, and WE WILL NOT require that said snack
RETAIL STORE EMPLOYEES UNION LOCAL 428
bar employees be or become members of Local 770,
as a condition of employment pursuant to the
provisions of the foresaid agreement with that Union.
The law does not require us, however, to give up or to
vary the wages, hours, seniority, or other working
conditions now in effect by reason of said contract.
WE WILL NOT contribute support to Local 770, or to
any other labor organization of our employees.
WE WILL NOT encourage membership in Local 770,
or in any other labor organization, by conditioning the
hire or tenure of employment or any term or condition
of employment upon membership in, affiliation with,
or dues payments to any such labor organization,
except as authorized by Section 8(a)(3) of the National
Labor Relations Act, as amended.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce employees in the
exercise of their rights guaranteed in Section 7 of the
Act.
All employees are free to become or to remain, or to
refrain from becoming or remaining, members of the
above-named labor organization or any other labor
organization.
FOOD EMPLOYERS COUNCIL,
INC. BY AND ON BEHALF OF
THRIFTIMART , INC.; GREAT
A.& P. TEA Co.; CRAWFORD
STORES; LUCKY STORES,
INC.; HUGHES MARKETS;
VON'S GROCERY CO.; AND
SAFEWAY STORES, INC.
(Employer)
Dated By
(Representative ) (Title)
This notice must remain posted for 60 consecutive days
from the date of posting, and must not be altered, defaced,
or covered by any other material.
If employees have any question concerning this notice
or compliance with its provisions, they may communicate
directly with the Board's Regional Office, 10th Floor,
Bartlett Building, 215 West Seventh Street, Los Angeles,
California 90014, Telephone 688-5840.
APPENDIX B
NOTICE TO ALL SNACK BAR EMPLOYEES OF THRIFTIMART,
INC.; GREAT A.&P. TEA CO.; CRAWFORD STORES; LUCKY
STORES, INC.; HUGHES MARKETS; VON'S GROCERY CO.;
AND SAFEWAY STORES, INC.
Pursuant to the Recommended Order of a Trial
Examiner of the National Labor Relations Board, and in
order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that:
WE WILL NOT give effect to the collective-bar-
gaining agreement of April 1, 1964, between Food
Employers Council, Inc., on behalf of the above-
named employers, and ourselves to the extent that
such agreement seeks to cover snack bar employees
of employer-members of Food Employers Council,
Inc., who are parties to the agreement.
WE WILL NOT act as the exclusive bargaining
representative of snack bar employees of the em-
ployer-members of Food Employers Council, Inc.,
who are parties to the collective-bargaining agree-
431
ment of April 1, 1964, or any extension, renewal, or
modification thereof, unless and until we have been
duly certified by the National Labor Relations Board
as the exclusive representative of said snack bar
employees. The law does not require, however, that
any charge be made in the wages, hours, seniority,
or other working conditions now in effect by reason
of that contract.
WE WILL NOT cause or attempt to cause Food
Employers Council, Inc., or its employer-members
who are parties to the collective-bargaining agree-
ment of April 1, 1964, to discriminate against snack
bar employees by conditioning their hire or tenure
of employment or any term or condition of employ-
ment upon membership in, affiliation with, or dues
payments to Local 770, except as authorized in
Section 8(a)(3) of the National Labor Relations Act,
as amended.
WE WILL NOT in any like or related manner re-
strain or coerce the snack bar employees of the em-
ployer-members of Food Employers Council, Inc.,
who are parties to the collective-bargaining agree-
ment of April 1, 1964, in the exercise of the rights
guaranteed them in Section 7 of the Act.
RETAIL CLERKS UNION,
LOCAL 770
(Labor Organization)
Dated By
(Representative) (Title)
This notice must remain posted for 60 consecutive days
from the date of posting, and must not be altered, defaced,
or covered by any other material.
In the event of any question concerning this notice or
compliance with its provisions, employees may
communicate directly with the Board's Regional Office,
10th Floor, Bartlett Building, 215 West Seventh Street,
Los Angeles, California 90014, Telephone 688-5840.
Retail Store Employees Union , Local 428,
AFL-CIO and Rose C. Wong. Case
20-CA-3248.
March 16,1967
DECISION AND ORDER
On August 26, 1965, Trial Examiner James T.
Barker issued his Decision in the above-entitled
proceeding, finding that the Respondent had
engaged in and was engaging in certain unfair labor
practices, and recommending that it cease and
desist therefrom, and take certain affirmative action,
as set forth in the attached Trial Examiner's
Decision. Thereafter, the Charging Party and the
Respondent filed exceptions to the Trial Examiner's
Decision. The Respondent also filed a brief in
support of its exceptions. The General Counsel filed
an answering brief to the Respondent's exceptions
and brief. The California State Council of Retail
163 NLRB No. 46