234 N.L.R.B. 1115 (N.L.R.B. 1978)

Ideal Meat Co.

National Labor Relations Board - Board DecisionsMar 3, 1978

234 N.L.R.B. 1115 (N.L.R.B. 1978)

Inc.; Ratson Al's 3use with Work- mc:n Earldean Robbins rn i ons Counsl:l brief.' Pursrlant 3(b) briefs 2nd affirm find- rngs,Z znd Judge, 10 comput:d 1 1 (1977),3 Pursuznt l q c ) Ordcr Inc.; M'atson d/b/a c'aliforni,~, sh.111 Add I(b) Rl:fusing linion I ~ S "(c) s.ny rheir Sub:titute .Administriitive ' Gene~al sr~cfare hereb} that In sec. 111, 5 , crllon bacn Ideal i ~ l f , Watson However, Meat docs sec. 111, Holeman Aiben convemtion 3 lsis & Heaiing 138 (1%2). Floriah 4 Sec. 8(a)(5) Act, recommended UNon infnngrng Sec. shall herefore mod~fy notice NOTICE TO NATIONAL RELATIONS afiliated Arnalga- 1, 1115 I D E A L M E A T CO., INC. Watson Meat Co., d/b/a Ideal Meat Co., Albert d/b/a Boning Co. and Provision H Workers Union Local 274, affiliated Amalgamated Meat Cutters and Butcher of North America, AFGCIO. Case 21-CA- 15501 March 3, 1978 DECISION AND ORDER On September 26, 1977, Administrative Law Judge V. S. issued the attached Decision thi proceeding. Thereafter, Respondent filed except and a supporting brief, and the General filed an answering to the provisions of Section 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 attache3 Decision in light of the exceptions and has decided to the rulings, conclusions of the Administrative Law modify her remedy so that interest is to be in the manner prescribed in Florida Steel Corporation, 23 NLRB 65 and to adopt her recommended Order, as modified herein.4 ORDER to Section of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommend- ed of the Administrative Law Judge, as modified below, and hereby orders that the Respon- dent, Watson Meat Co., d/b/a Ideal Meat Co., Albert Al's Boning Co., Los Angeles, its officers, agents, successors, and as- signs, take the action set forth in the said recommended Order, as so modified: I . the following as paragraphs and (c): "(b) to bargain collectively with the as the exclusive bargaining representative of emplcyees in the appropriate unit described herein. In like or related manner interfering with, restraining, or coercing employees in the exercise of right:: under Section 7 of the Act." 2. the attached notice for that of the Law Judge. The Counsel's motions to strike Respondent's exceptions and denied. We note par. of her Decision, and in par. 2 of the entitled "Conclusion." the Administrative Law Judge referred to the November 22, 1976, interim agreement as having signed by Albert Watson on behalf of Meat Company, whereas it is clear from the document which is reprinted in the Administrative Law Judge's Decision, that signed on behalf of Watson Meat Company. in view of the Administrative Law Judge's conclusion that the interim agreement was binding on Watson Company, this apparently inadvertent error not affect our decision herein. In addition. we note that in par. 6, of her Decision the Administrative Law Judge referred to a conversation between Donald and Watson as occurring on November 23, 1976, whereas the record reveals that the took place on the same day that the interim agreement was signed, November 22. 1976. See, generally, Plumbing Co.. NLRB 716 In the remedy section of her Decision, the Administrative Law Judge erroneously referred to a fixed 7-percent interest rate and thereby failed to apply properly the Board's "adjusted prime interest rate'' formula. which may vary in the manner prescribed in Steel, supra, For that reason, we have modified her remedy as indicated above. Although the Adminisuative Law Judge found that Respondent violated of the her Order failed to provide that Respondent shall cease and desist from refusing to bargain with the and from in any like or related manner upon employee rights guaranteed in 7 We the Administrative Law Judge's recommended Order and accordingly. APPENDIX EMPLOYEES POSTED BY ORDER OF THE ABOR BOARD An Agency of the United States Government WE WILL NOT refuse to execute the jobbing house agreement and the sausage kitchen agree- ment negotiated between Provision House Work- ers Union Local 274, with mated Meat Cutters and Butcher Workmen of North America, AFL-CIO, and the Associated Meat and Food Suppliers of Southern California, effective by their terms from October 1976, to October 1, 1979. WE WILL NOT refuse to bargain collectively with the Union as the exclusive bargaining representa- tive of our employees in the appropriate unit. 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 Act. WE WILL forthwith sign the aforesaid agree- ments and give retroactive effect to the provisions of the agreements appropriate to our operations. WE WILL make whole our employees for any losses they may have suffered by reason of our failure to sign the aforesaid agreements. 134 NLRE No. 171 I ~ A R L D E A N ROBBINS, Tk affiliated Amalga- m;~ted America, AFL-CIO, In':., 8(a)(1) Nidional d/b/a 1, An amended that 8(a)(l) ' f i e th~: they 8(a)(l) 'Jpon .4t Angeles, On same be':n Waitson 'The co:~duct Meat pr1:ceding Based Mt:at Section 2(2), (6), 1 I ldeal Co~npany the pu se enterin conLracts p a E d ats son h e a t . 11. ORGANlWTlON meantng 2(5) Ill. UNFAIR PRAcTCIII Co. chang ~t Co. c o l l s e ~ o ~ WI- Dealem ation, thq aetrcsemcllf Food Supplhn d prlnei, meal w ComprnyV .sew to t j 1 k i t c h 4 thm agreement.5 1976,a r* tion. bwtnm lunch nrv 5 half, q arc 1976 otherwise in& DECISIONS OF NATIONAL DECISION V. S. Administrative Law Judge: is case was heard before me in Los Angeles, California, on July 28 and 30,1977. The charge was filed by Provision House Workers Union Local 274, with Meat Cutters and Butcher Workmen of North herein called the Union, and served on Respondent Watson Meat Co., d/b/a Ideal Meat Co., herein called Watson Meat, on February 25, 1977. A complaint issued on April 15, 1977, alleging that Respon- dent Watson Meat violated Section and (5) of the Labor Relations Act, as amended. A first amend- ed charge was filed by the Union and served on Respon- dent Watson Meat and Respondent Albert Watson Al's Boning Co., herein called Al's, on July 1977. complaint, which issued on July 6, 1977, alleges Respondent violated Section and (5) of the Act. basic issues herein are whether Respondent Al's is alter ego of Respondent Watson Meat, and whether violated Section and (5) of the Act by refusing to execute a written collective-bargaining agreement. the entire record, including my observation of the witnesses, and after due consideration of the briefs filed by tht: parties, 1 make the following: I. COMMERCE all times material herein until at least December 6, 1976, Respondent Watson Meat had been engaged in the packing and distribution of meat at its facility located at 17 34 East Vernon Avenue, Los California. or about May 2, 1977, Respondent Al's commenced engaging in the packing and distribution of meat at the location at which Respondent Watson Meat had engaged in business. For reasons set forth below, I find that Respondent Al's is the alter ego of Respondent Meat. parties stipulate that in the normal course and of their business operations Respondent Watson and/or Respondent Al's, during the 12-month period the hearing herein, purchased and received ptoducts valued in excess of $50,000 directly from suppliers located outside the State of California. on the above, I find that Respondent Watson and Respondent Al's, herein collectively called Respondent, constitute a single employer which, at all tintes material herein, has been engaged in commerce or in a business affecting commerce within the meaning of and (7) of the Act. - His son made no investment in return for this stock. A custom boning service is where one contracts to bone meat, owned by he customer, for a fixed amount. Watson is the sole stockholder of Meat Company. Ideal Meat engages in no processing of meat and has no employees. It is a sales corporation which apparently exists for of to sell meat, which meat is processed and by It has no bank account; rather, its funds go into the Watson Meat bank account. into LABOR RELATIONS BOARD THE LABOR herein, a labor organization within the of the Act. THE ALLEGED LABOR Company. As Watson Meat C selling meat to the trade. In 1 In 1969 he commenced business a buying and selling under the name d/b/a Ideal Meat was merely a name was the same business as Watson Meat Respondent Watson Meat was party to a bargaining agreement with the Union which September 30,1976. This agreement, adopted by Meat, was negotiated by the Vernon Meat which had accepted with little change negotiated by the Associated Meat and Southern California. During the term of this contract, Watson Meat's pal business was processing and providing ground Ideal Meat Company to fulfill Ideal Meat contract with the Federal Government under the lunch program. In October 1976, Watson Meat had 8 employees. The only meat processing it did was grin hamburger meat and trimming pastrami. This type of w is covered under what is known as a sausage agreement, which has lower wages and benefits jobbing house On November 16, the Union went on against the members of the Vernon Meat Dealers At that time Watson Meat began to acquire A sausage kitchen makes various types of sausage and bones plates, briskets, and flanks, grinds hamburger, and trims pastrami. A jobbing house fabricates or bones meat from a whole, or carcass and bones chucks, rounds, or loins. All dates herein in October, November, and December in all dates from January through July are in 1977, unless I 1 :AT 1 1 F lrlovember bone Bleat. strike tt:stified interiin ind Watso~~ on Holeman Wao~on interim the Holeman Watson ngreemen Holeman ihould bt th~: )f bu;iness struck vould be loleman kitchen jbbing Holeman, lat w u peration le operalions nployeeri use Holeman ~rther stilted struck ould cor foll >wing u ldersigned Collec live opened with & Un~on 15 undersigned work)s THE A F L /s/ /s/ Holeman I & $I . s < struck Dealers Dealers Earlie Co. his then hoGs.-The "students." 3,000 10,000 4-1/2 performing service. d/b/a Co. d/b/a Co. A1 8 parenthetical hnndwntten lnitialed 1 IDEAL ME CO.,INC. 1117 that had reviously been handled by members of the struck association' and hired additional employees. During the week of 15, Watson had employed about 20 boners ard breakers, most of whom had been previously employed by Apex Meat Co., a member of the Vernon Meat Dealers Association. At this time, Watson Meat began to whole carcasses. On November 19, the Union went on strike against Watson On November 22, the Union and Watson reached an agreement whereby the Union agreed to cease the and Watson signed an interim agreement. Watson that at the Union's insistence he signed the agreement as Ideal Meat Company. However, he admits that Ideal Meat Company had no employees and did not engage in the fabrication or processing of meat products that the employees on strike were employees of Meat. He also testified that he was signing the contract behalf of the striking employees of Watson Meat. Donald testified that he had a conversation with on November 23 which led to the signing of the agreement. According to him, Watson said he wanted sausage kitchen agreement. said he wanted to sign the jobbing house agreement because he was doing jobbing housework. Watson said the Union was always trying to stick him with a jobbing house t and he deserved a sausage kitchen agreement. said he agreed that Watson's normal operation under the sausage kitchen agreement but that iuring strike Watson would be trying to acquire some the previously done by the companies, vhich was jobbing housework. Watson admitted that he doing jobbing housework during the strike. said Watson could have the sausage greemen: for all covered work but while he was doing housework he would have the jobbing house greemen:. According to he further explained it possible to have both operations and each would be covered by the applicable agreement if were kept strictly separated but, if the same were performing both types of work, the jobbing agreement would apply. Watson agreed. that he told Watson that he must not ally mself w th any employer and they discussed what stitute such allying. The interim agreement was signed as a result of is conversation and the strike against Watson Meat ased: The Employer has been signatory to the Bargaining Agreement with Provision House Workers Union Local 274. That Agreement has been for negotiations. Union is presently in negotia- tions the Associated Meat Food Suppliers of Southern California, an employers' association, for the purpose of negotiating a Collective Bargaining Agree- ment. The undersigned, by the execution hereof, agrees to be -bound-by all of the terms and conditions of such The had reached an agreement with the Associated Meat and d Suppliers of Southern California on about November Agreement so negotiated between the Union and the Association, with the same force and effect as if the were a party thereto and retroactive to the same extent as such Association Agreement may be retroactive. (Sausage Agreement - all covered work Jobbing House Agreement - all covered Signed and Accepted this 22nd Day of Nov. 1976 FOR COMPANY: FOR THE UNION: Watson Meat Provision House Workers Union Local 274, CIO By: Albert Watson By: Don Title: Res. Title: Executive Secretary , Several weeks thereafter, the Union acquired informa- tion which led it to believe that Watson Meat had allied itself with Apex, one of the members of the Vernon Meat Association. On December 6, the Union again went on strike against Watson Meat. The strike against the Vernon Meat Association was settled on January 30. Thereafter Watson Meat did not reinstate its striking employees. On February 9, during a visit from Union Business Representative Houston, Watson refused to sign the new collective-bargaining agreement. On June 13, Houston asked Watson if he was going to honor the wntract; Watson said he did not have a wntract with the Union, that his company was known as Al's Boning Watson testified that, following the December strike, plant was closed for 5 or 6 weeks. He reopened and operated under the name of Albert Watson, doing some customwork for various meat houses. He later testified that he reopened in February as a training school to train butchers. He admits that he was not licensed to operate a school, that the students paid no fees, rather he paid the students an hourly wage. According to Watson, during this time he was boning plates and flanks under wntract with various meat meat was owned by the custom- er. He merely performed a service. All work was performed by Watson, his two sons, and the The highest number of "students" was 10. The school operated from February through April, boning from to pounds a day. Watson was paid cents a pound for this The school was discontinued in April, allegedly because of failure to obtain funding under the Government's IMPACT program. Watson's facility was closed for 4 or 5 days. He then secured a wntract to bone plates, flanks, and briskets. On May 2 he opened a bank account under the name Albert Watson Al's Boning and began operating under that name. Watson testified that he closed the Al Watson checking account when he opened the Albert Watson Al's Boning account and transferred all moneys from the Watson account into the new account. The portion a and by both parties. performed hired.9 boning 3-1/2 115,000 pounds.10 Apex. h a t e d owns Al Meat." te.ephone te, Al Co. made ql.arter enlployees A's 12 Al was gnnding kitchen Al ningl3 Ai wl~om Ersons Dwember sit," normally Mcat's between N e outstand- in!! $85,000. 5 ' many hirtd. 75,000 120,000 m cek. 1 testified h s has : Z equipment ' 3 account.l4 8(d) requested iarties haie 8(a)(5) Heiru N.LRB., 514(1W1). under kitchen the I d d Wataon Co., find partie# strikin~ Co., d/b/a Co. the kitchen agreemat 9, Al'r, refbed agreementm W a r n never agreed General Counsel M o t collective-bargruning 10 collectiw l% 225 Laratnee's Inc., 56, Helrose binder;^, Inc., 504 Boniq Co., d/b/a M a i Co. same as Wat- Msrl 1 M u l thr comprc wntract I d 4 la MW account aU payment3 the occoc)nl J 14 Rior thh arrangement Apcx began Novsnkr Mut arrangement whmby UUolrY Ihr w assignment Apcx. Meat ncvcr advurerd Y Mut meet expenses. 1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The first week of operations, the work was by Watson, his sons, and one employee. The second week, the work was performed by Watson and his sons. Around the end of May additional employees were On June 3, Watson consummated a contract with Apex to do custom at cents a pound on a weekly guarantee of Although Al's has done some work for other customers since June 3, its principal customer is Apex no longer operates its own facility. Its offices are within the Watson Meat facility. Watson Meat the facility located at 1784 East Vernon Avenue. Watson's School and Al's use the same USDA packing number used by Watson Al's uses the same number as Watson Meat. The listing in the ephone directory is Watson Meat Co., the same as Ideal Meat Co. The workman's compensation policy which ccvered Watson Meat continued to cover all of Watson's operations, including Watson School and Al's Boning Quarterly reports of wages earned and deductions were to the state and Federal governments for the first of 1977 under the Watson Meat employer identifi- cation number. Watson testified that for the second quarter of 1977 the report was made under the name Al's Boning Co., but further testified that, although he has made application, Al's has no employer identification number. Watson testified that he hired and fired employees of Watson Meat and that both he and his son Gerard hire and fire employees at Al's. Gerard directed the work of both at Watson Meat and at Al's. Watson is in charge of labor relations both at Watson Meat and at Al's. occupies the same facilities and uses the same equipment as did Watson Meat. The facility is owned by Watson Meat. Watson School also used these facilities and paid no rent. Since 1958 all of Watson's operations have been located at this facility. During the period prior to November 8, Watson Meat doing mostly - sausage work. D iring the period between November 8 and December 6, Watson Meat was doing both grinding and boning. The work was not separated. Watson School did custom bc and Al's does custom boning. 4s of December 6, Watson Meat had 30 to 35 employees. the time of the hearing, Al's had 25 employees, 22 of were employed by Watson Meat as of 6. Watson testified that, although his son has authority to checks for Al's, Watson signs all checks. Watson also signs all contracts for Al's. Apex was Watson principal creditor during the period vember 8 and December 6. Apex advanced money to Watson Meat to cover expenses, including payroll, utilities, and the purchase of meat. The highest amount of advances at any one time was No interest was Watson testified that he docs not recall how employees were Watson Meat handled an average of to pounds of meat a Watson that he applied for a packing number for Al's but not yet received one. Houston's testimonyas to is undenied. Following the December strike, Watson Meat lost the government charged on these advances. Watson Meat's income from the government wntract was paid directly to the bank which repaid Apex and credited the remainder to Watson Meat's Conclusion Section of the Act expressly defines the obligation to bargain collectively as including "the execution of a written contract incorporating any agreement reached if by either party." It is well established that, where the reached agreement as to the terms of a wntract, refusal to sign the contract constitutes a violation of Section of the Act. H. J. Company v. 311 U.S. Here, on November 22, Watson Meat entered into an interim agreement with the Union, agreeing to be bound by the terms and conditions of the collective-bargaining agreement to be negotiated between the Union and the Associated Meat and Food Suppliers of Southern Califor- nia, herein called Associated, for all covered work under the jobbing house agreement and all covered work the sausage agreement. Although, in signing interim agreement, Respondent signed on behalf of Meat Company rather than using the correct name Meat Co., d/b/a Ideal Meat I that both understood that the agreement was to cover the employees of Watson Meat Ideal Meat I therefore find that Watson Meat was obligated to sign jobbing house and sausage agreements reached by Associated. It is undisputed that the Union reached an with Associated and that at all times since February 1977, Watson, on behalf of both Watson Meat and has to sign the collective-bargaining reached by Associated. Respondent contends that Meat is no longer in existence and that Al's has to a contract with the Union. The contends that Al's is the alter ego of Watson and, such, is bound by the agreement which Watson Meat agreed. The law is clear that the obligation to honor a bargaining agreement devolves on the alter ego of a party to such agreement. Bell Company, Inc., et al., NLRB 474 (1976); Transit, 224 NLRB 64 (1976); 204 NLRB 499, (1973). Thus the critical question is whether Al's Co. is the alter ego of Watson Meat Ideal Al's operates at the same location with the equipment and substantially the same employees son Meat. Albert Watson owns 51 percent of Watson and 5 percent of Al's. Forty-nine percent of Watson is owned by Watson's wife and 49 percent of Al's is ownd by Watson's son, who made no financial investment in Company. Watson directs the labor policy of both wntract. Actually the was with Meat. However, had no bank and went into bank Watson Meat. to with which I , Watson had an with California Meat Meat supplied meat to Watson Meat and was paid unda arrangement as was California money to Watson to MC. ant1 companies. IRS PJs plrchased n~eat considered, dispositive lat, different, the ditrerent. Dec mber W a b n . IS workinr: &re 10 e&ployees. thip sorr em~lovees not.15 I!sAnti;dly, ariukent finc, had m'>st when staffing 25,22 variatic followi~~g essentirlly licensed perfomled practice operati:lg differer.t col~trol. Undt:r Co. mertlly il collective-bargaming agreement 8(a)(S) 1. Co., Co. 2(2). (6), f l ~ l i - AFL-CIO, 2(5) employeto 9(b) Los Angeles, all ofice defmed & 8(a)(1) unfair 2(6) Co., 8(a)(1) a f f i t i v e 8(a)(I) '"i Earlic 1119IDEAL MEAT CO., nies his son directs the work of employees of both companies. Watson signs contracts and checks for both Al's uses the same workmen's compensation policy, telephone number, employer identification number and USDA packing number as Watson Meat. In the last month of Watson Meat's operations, it became inextricably financially intertwined with Apex Meat. principal customer is Apex Meat. Respondent apparently places great reliance on the fact that Watson Meat and sold meat, whereas Al's bones and packs owned by its customers. Although this is a factor to be it certainly is not of the issue. Furthermore, in considering this factor it must be noted t even though actual ownership of the meat is Apex paid for the purchase of the meat pur- chased by Watson Meat and Apex is paying for the meat presently being boned by Al's. From a practical stand- point, essential entrepreneurial character of the two operations may not be so Nevertheless, as stated above, I conclude that this factor is not critical. Respondent further argues that, at the time of the strike on 6, Watson Meat had approximately 30 to 35 employ xs. On February 9, there were approximately 8 to 12 employees working for Albert Around the end of February, there were approximately to 16 employees for Albert Watson, and, around the first of March, there approximately During peri- od. e of the were union but most were this involves the staffing of Albert Watson School. I no merit in this argument. Prior to the strike and the involvement of Apex in Watson Meat's affairs, Watson Meat 8 to 12 employees. After the strike, when Apex was not involved in Watson's affairs, staffing fluctuated from 8 to 16. In November, when Apex became involved in the Watson Meat operation, staffing increased to 30 or 35. with of the increase being exemployees of Apex. In June, Apex became involved in the Al's operation, increased to of whom had been employed by Watson Meat as of December 6. In these circumstances the n in staffing is not significant. Further, I find no real hiatus between the operations of Watsor Meat and that of Al's. Within less than a week the end of the strike Watson was back in business and, even though he called his operation a school, it was a custom boning operation. Watson was not as a school, the students paid no fees, rather they were paid hourly wages by Watson and the "school" a boning service. Also, when the school closed, the funds in the bank account were transferred to the Al's bank account. Clearly, Watson is continuing the same in which he has been engaged ever since he has been in the meat processing and packing business, that of at the same location under a succession of names, but always under his ownership, direction. and all the circumstances, I find that Al's Boning is a disguised continuance of Watson Meat. As such, is the alter ego of Watson Meat and they are a single employer, obligated to execute and honor the agreement reached by Watson Meat with the Union. Accordingly, by refusing to execute the collective-bargaining negotiated by Associated and to honor the appropriate agreement, Respondent has violated Section and (1) of the Act. Respondent Watson Meat Co., d/b/a Ideal Meat Inc., and Respondent Albert Watson d/b/a Al's Boning are a single employer engaged in commerce within the meaning of Section and (7) of the Act. 2. Provision House Workers Union Local 274, ated with Amalgamated Meat Cutters and Butcher Work- men of North America, is a labor organization within the meaning of Section of the Act. 3. The following constitute a unit appropri- ate for the purposes of collective bargaining within the meaning of Section of the Act: All production employees employed by Respondent at its facility located at 1784 East Vernon Avenue, California; excluding other employees represented by other labor organizations, clerical employees, professional employees, guards, and super- visors as in the Act. 4. At all times material herein, the union has been, and is, the exclusive representative of all employees in the above-described appropriate unit for the purpose of collec- tive bargaining. 5. On or about November 22, 1976, Respondent and the Union agreed to be bound by the terms of a new collective-bargaining agreement with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment involving the employees in the above-described unit, to be negotiated between the Union and the Associated Meat Food Suppliers of Southern California. 6. By refusing since on or about February 9, 1977, to execute the agreed-upon collective-bargaining agreement. Respondent has refused to bargain collectively with the Union and has engaged in unfair labor practices within the meaning of Section and (5) of the Act. 7. The aforesaid labor practices affect commerce within the meaning of Section and (7) of the Act. Having found that Al's Boning Co. is the alter ego of Watson Meat d/b/a Ideal Meat Co.. and having found that they have engaged in certain unfair labor practices in violation of Section and (5) of the Act, I shall recommend that Respondent be ordered to cease and desist therefrom and from like or related unfair labor practices and to take certain action designed to effectuate the policies of the Act. I have found that Respondent has violated Section and (5) of the Act by refusing to execute the jobbing I is from the testimony of Houston. recommend agreements terms effect agreement phpU also recommend Respondent employ- ets they failure annum. 23 1 1 !kction lqi) Co., d/b/a Ideal d/b/a Al's CQ., Los Angeles, ofticers, desist jobbing Worken la h e went exo+ion8 arc Rkd u See. 1UZ.46 of Rula and Reyhtioru the Nadoruf h b o r R c l u i o ~ bard, chs fmdingn wnclwioar, and refo-ded Order hercia sh.U u prgvided 102.48 Rtgdationa k adoptcd the Boud become ie findinga, wnclu8ions. a d Order, thereto shdl waived dl purposes. affiiated AFGCIO, Asmciated a f f i t i v e sign provision8 agreements operations make employad rcason its s i p the (b) Preserve the examination & records, penon- hd and o tha n e c t k y tQ terms thir La Angdes, copia or: marked "Appendix."l Copier forma Regional fw a u t h d & . npmnta t ive Rapondent, by b &pt thereof, a d & f a c ~ m x ~ u t i v a d a y thereah, w h m noti- t@ employas customarily posted. R c a s o ~ M e step taken noticea am covered o tha '3 2 N o t 3 L h c t o r 29, # 20 thie Order, 9 s t e p has herewith, + L* 17 thc event that M s b enforced J- UnitalSta(oCourtdAppslkcbow&iacbcaotiarsrdingY~ Orda Natiod Rcl.tionr Boud" shll Judpent the Umted State$ ~ourl tbe Natiotrd Labor Relations .% 1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD house agreement and the sausage kitchen agreement negotiated between the Union and the Associated Meat and Food Suppliers of Southern California, effective by their terms from October 1, 1976, to October 1, 1979.1 shall therefore that Respondent be required to execute those forthwith and to give effect retroactively to the and provisions of the jobbing house agreement unless, and until, Respondent's opera- tions change so that it is engaged solely in a sausage kitchen operation or in a dual operation which clearly separates the sausage kitchen operation from the jobbing house operation, in which event, Respondent is to give to the sausage kitchen agreement in regard to the sausage kitchen operation and to the jobbing house in regard to the jobbing house operation. I that make whole its for any loss of wages or other employment benefits may have suffered as the result of Respondent's to sign the contract, with interest thereon at the rate of 7 percent per Florida Steel Corporation, NLRB 65 (1977). Upon the basis of the foregoing findings of fact, conclusions of law, and the entire record in this proceed- ing, and pursuant to the provisions of of the Act, I hereby issue the following recommended: The Respondent, Watson Meat Meat Co., Inc., and Albert Watson Boning California, its agents, successors, and assigns, shall: 1. Cease and from refusing to execute the house agreement and the sausage kitchen agreement negotiated between Provision House Union Local In no provided by the of in See. of the Rule8 and by and and all objections be deemed for 274, with Amalgamated Meat Cutters and Butch- er Workmen of North America, and the Meat and Food Suppliers of Southern Califor- nia effective by their terms from October 1, 1976, to October 1. 1979. 2. Take the following action necessary to effectuate the policiesof the Act: (a) Forthwith the aforesaid agreements and give retroactive effect to the of the appropriate to its and whole its for any losses they may have suffered by of failure to said agreement in manner set forth in the section herein entitled 'The Remedy," and, upon request, make available to Board or its agents, for and copying, payroll records, social security timecards, records reports, and all analyze the amountsof moneys due under the of Order. (c) Post i t its California, facility, the attached notice of notice, on provided by the Director Region 21, after being duly signed by an of the shall be posted Respondent immediately upon maintained by it 60 conspicuous places, including all places are be by Respondent to insure that the altered, defaced, or by any material. (d) the Regional for Region writing, within days from the date of the Respondent taken to comply In the Order by of the h b o r to a of of Bard."