Lykes Bros. Inc.

National Labor Relations Board - Board Decisions

Mar 24, 1960

126 N.L.R.B. 1286 (N.L.R.B. 1960)

1286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lykes Bros. Inc. of Georgia and United Packinghouse Workers
of America, AFL-CIO
Lykes Bros. Inc. of Georgia and United Packinghouse Workers
of America , AFL-CIO
Amalgamated Meat Cutters and Butcher Workmen of North
America , AFL-CIO and United Packinghouse Workers of
America, AFL-CIO
Robert Ackerman, Individually , and as Agent of Amalgamated
Meat Cutters and Butcher Workmen of North America, AFL-
CIO, and Meat Cutters , Packinghouse and Allied Food Work-
ers Union Local No. 433, Amalgamated Meat Cutters and
Butcher Workmen of North America, AFL -CIO and United
Packinghouse Workers of America, AFL-CIO
Meatcutters, Packinghouse and Allied Food Workers Local
Union No. 433, Amalgamated Meat Cutters and Butcher
Workmen of North America, AFL-CIO and United Packing-
house Workers of America , AFL-CIO. Cases Nos. 10-CA-2950,
10-CA-3038, 10-CB-583, 10-CB-584, and 10-CB-585. March 24,
1960
ORDER REJECTING EXCEPTIONS
On February 5, 1960, Trial Examiner John H. Eadie issued his
Supplemental Intermediate Report in the above-entitled proceeding
and on the same date the case was transferred to the Board. On
March 2, 4, and 7, 1960, respectively, the Charging Party, the Re-
spondent Employer, and the General Counsel of the National Labor
Relations Board filed exceptions and briefs in support thereof. On
March 9 exceptions were received from counsel for Respondent Unions
and Respondent Ackerman.
On March 2, 1960, the date for receipt of exceptions in Washington
was extended to March 8, 1960. Respondent Unions and Respondent
Ackerman's exceptions dated March 7 were received in the Board's
office on March 9 in an envelope bearing a March 8 Chicago postmark.
Sections 102.46(a) and 102.114(b) of the Board's Rules and Regula-
tions provide in pertinent parts as follows:
SEc. 102.46 ... (a) Within 20 days, or within such further
period as the Board may allow, from the date of the service of
the order transferring the case to the Board, .. .
SEc. 102.114 ... (b) When the act or any of these rules re-
quire the filing of a motion, brief, exception, or other paper in
any proceeding, such document must be received by the Board
126 NLRB No. 155.
' CENTRAL MERCEDITA , INC. 1287
or the officer or agent designated to receive such matter before
the close of business of the last day of the time limit, if any, for
such filing or extension of time that may have been granted.
No exceptions were filed by the Respondent Unions and Respondent
Ackerman within the period for timely filing.
[The Board rejected the exceptions.']
3 See Kiekhaejer Corporation v. N.L.R.B., 273 F . 2d 314 ('C.A. 7).
Central Mercedita , Inc. and Hamilton William Thillet. Case
No. 24-CA-978. March 25, 1960
DECISION AND ORDER
,On April 21, 1959, Trial Examiner Thomas S. Wilson issued his
Intermediate Report 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 copy of the Inter-
mediate Report attached hereto. Thereafter, the Respondent filed
exceptions to the Intermediate Report and a brief in support thereof.
The Board, on June 2, 1959, rejected the Respondent's exceptions and
brief on grounds of untimeliness and issued an order adopting the
findings, conclusions, and recommendations of the Trial Examiner
pro forma. Thereafter, the Board filed with the United States Court
of Appeals for the First Circuit a petition for summary entry of a
decree enforcing the Board's aforesaid order. The court on Decem-
ber 31, 1959, denied the Board's petition for summary enforcement on
the ground that in the circumstances of the case the Board erred by
entering an order by default against the Respondent because Respond-
ent's exceptions were only 2 days late.' On January 15, 19 ,60, the court
granted the Board's motion to withdraw its petition and on January
20, 1960, the Board issued an order setting aside its order of June 2,
1959, in which it had adopted the findings, conclusions, and recom-
mendations of the Trial Examiner pro forma, and stating that it
would review the entire record and rule upon the exceptions. Accord-
ingly, the Respondent's exceptions to the Intermediate Report and its
brief in support thereof are hereby accepted and made part of the
record in this proceeding.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act the Board has delegated its powers in connection with
2 N.L.R.B. v. Central ,Mercedita, Inc., 273 F. 2d 370 (C.A. 1).
126 NLRB No. 158.