S. H. Lynch and Company, Inc.

National Labor Relations Board - Board Decisions

Jul 6, 1966

160 N.L.R.B. 113 (N.L.R.B. 1966)

LYNCH AND COMPANY, INC. 113
All vacation pay will be distributed Tuesday , June 30 and all hourly employees
will be paid in full Thursday , July 2. This is not to be construed as causing any
break in the employment record of those who are moving to Newbury Park, but
is simply being done for your convenience , so that it will not be necessary for you
to go to the new plant for your paycheck during the time the move is in process.
The manner in which all personnel of this plant have conducted themselves and
handled their j obs during this time leading up to the move is most commendable
and is certainly appreciated by all members of supervision . Since coming here a
little over two years ago , I feel that the Van Nuys operations have shown steady
improvement , reflecting a high degree of cooperation on the part of all employees
and a real desire to do a good job, which has been evident by our steady improve-
ment in quality and ability to make deliveries on schedule . In closing the Van
Nuys operations , I want to express my personal thanks to each and everyone of
you, and to those of you who will not be going with us to the new location, I wish
you a happy and successful future.
June 26, 1964
(S) H. W Sitton,
H. W SirroN,
Plant Manager
S. H. Lynch and Company , Inc. and International Union of United
Brewery, Cereal, Soft Drink and Distillery Workers of America,
AFL-CIO. Case 16-CA-2618. July 6,1960
DECISION AND ORDER
Upon charges duly filed by International Union of United Brewery,
Cereal, Soft Drink; and Distillery Workers of America, AFL-CIO,
herein called the Union, the General Counsel of the National Labor
Relations Board, by the Regional Director for Region 16, issued a
complaint dated March 23, 1966, against S. H. Lynch and Company,
Inc., herein called the Respondent, alleging that the Respondent had
engaged in and was engaging in unfair labor practices within the
meaning of Sections 8(a) (5) and (1) and 2(6) and (7) of the
National Labor Relations Act, as amended. Copies of the charge,
complaint, and notice of hearing before a Trial Examiner were duly
served upon the Respondent and the Union.
With respect to the unfair labor practices, the complaint alleges,
in substance, that on or about March 7, 1966, the Union was duly
certified by the Board 1 as the exclusive bargaining representative of
Respondent's employees in the unit found appropriate by the Board
and that, since on or about March 14, 1966, Respondent has refused
to recognize or bargain with the Union as such exclusive bargaining
representative, although the Union has requested it to do so.
On or about April 13, 1966, the parties executed a stipulation
whereby they agreed to the submission of this case directly to the
'Decision and certification of representative in Case 16-RC-4095 ( not published in
NLRB volumes).
160 NLRB No. 8.
257-551-67-vol. 160-9
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board on a stipulated record 2 for findings of fact, conclusions of law,
and a Decision and Order. The parties waived a hearing before a
Trial Examiner, the making of findings of fact and conclusions of
law by a Trial Examiner, and the issuance of a Trial Examiner's
Decision. Respondent expressly reserved the right to contest on the
basis of its previous contentions the validity of the findings of fact,
conclusions of law, and certification in Case 16-RC-4095. The parties
also reserved the right to contest the findings and conclusions and
order to be made by the Board in the instant proceedings and to pre-
serve their rights in respect thereto in the event of court review. Fur-
ther, all parties expressly reserved the right to file briefs.3
On April 25, 1966, the Board issued an order approving stipulation
and transferring proceeding to the Board.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Fanning, Brown, and Zagoria].
Upon the basis of the aforementioned stipulation, the briefs, and
the entire record in this case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENT
Respondent is, and has been at all times material herein, a corpora-
tion duly organized and existing by virtue of the laws of the State of
Texas with its office and place of business at Dallas, Texas, where it
is engaged in the sale and distribution of beer. During the past year,
which period is representative of all times material herein, Respond-
ent received goods valued in excess of $50,000 from points outside the
State of Texas.
Respondent stipulates, and we find, that Respondent is, and has
been at all times material herein, an Employer engaged in commerce
within the meaning of Section 2(6) and (7) of the Act.
H. THE LABOR ORGANIZATION INVOLVED
The parties stipulated, and we find, that International Union of
United Brewery, Cereal, Soft Drink and Distillery Workers of Amer-
ica, AFL-CIO, is a labor organization within the meaning of Section
2(5) of the Act.
I,II. THE UNFAIR ' LABOR PRACTICES
On March 7 , 1966 , the Board in Case 16-RC-4095, certified the
Union as collective -bargaining representative of the employees in a
2 The record as stipulated to by the parties consists of the stipulation and the follow-
ing • the charge , the complaint and notice of hearing , the answer to the complaint , in Case
16-CA-2618 , and the entire proceedings in Case 16-RC-409d.
3 Briefs have been received from Respondent and the General Counsel.
LYNCH AND COMPANY, INC. 115
unit of all route salesmen, helpers, contact salesmen, advertising and
merchandising men, warehousemen, and draft beer line cleaner, but
excluding guards, office clerical employees, watchmen, mechanics, and
supervisors as defined in the Act.
The parties stipulated that : (1) on March 8, 1966, the Union wrote
a letter to the Respondent, requesting Respondent to bargain collec-
tively with respect to rates of pay, wages, hours of employment, and
other terms and conditions of employment; (2) on March 14, the
Respondent replied that it would not engage in collective bargaining
with the Union in order to obtain judicial review of the Board's
decision overruling the Company's objections to the election and
certifying the Union.
In its Decision and Certification in Case 16-RC-4095, the Board
considered and found no merit in Respondent's exceptions to the
Regional Director's Report on Objections to the election. Therefore,
it adopted his recommendation that Respondent's objections be over-
ruled. It is well settled that, absent special circumstances, the Board
will not reexamine in an unfair labor practice proceeding a deter-
mination which it has made in a prior representation case involving
the same parties.4 Respondent does not contend that such special cir-
cumstances are present again.
Accordingly, we find that the Union was duly certified by the
Board as the collective-bargaining representative of the employees of
the Respondent in the appropriate unit described above and in the
Board's certification, and that the Union at all times since March 7,
1966, has been and now is the exclusive bargaining representative of
all the employees in the aforesaid unit, within the meaning of Section
9(a) of the Act. We further find that Respondent has, since
March 14, 1966, refused to bargain collectively with the Union as the
exclusive bargaining representative of its employees in the appropri-
ate unit, and that, by such refusal, the Respondent has engaged in,
and is engaging in, unfair labor practices within the meaning of
Section 8(a) (5) and (1) of the Act.,'
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The acts of the Respondent set forth in section III, above, occur-
ring in connection with its operations as described in section I, above,
have a close, intimate, and substantial relation to trade, traffic, and
.commerce among the several States, and tend to lead to labor disputes
burdening and Obstructing commerce and the free flow of commerce.
4 Corral Sportswear Company, 156 NLRB 436 ; Graphic Arts Finishing Co., Inc., 153
NLRB 1327 ; The Western and Southern Life Insurance Company, 142 NLRB 28, 30, and
cases cited therein.
e See cases cited in footnote 4, supra. Also see Salerno -dfegowan Biscuit Company, 152
NLRB 604.
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE REMEDY
Having found that the Respondent has engaged in unfair labor
practices within the meaning of Section 8(a) (5) and (1) of the Act,
we shall order that it cease and desist therefrom, and, upon request,
bargain collectively with the Union as the exclusive representative of
all employees in the appropriate unit and, if an understanding is
reached, .embody such understanding in a signed agreement.
CONCLUSIONS OF LAW
1. S. H. Lynch and Company, Inc., is *an Employer engaged in
commerce within the meaning of Section 2(6) and (7) of the Act.
2. International Union of United Brewery, Cereal, Soft Drink and
Distillery Workers of America, AFL-CIO, is a 'labor organization
within the meaning of Section 2(5) of the Act.
3. All route salesmen, helpers, contact salesmen; advertising and
merchandising men, warehousemen, and draft beer line cleaners, but
excluding guards, office clerical employees, watchmen, mechanics, and
supervisors as defined in the Act, constitute a unit appropriate for the
purpose of collective bargaining, within the meaning of Section 9 (b)
of the Act.
4. On March 7, 1966, and at all times thereafter, the above-named
,labor organization was and has been the certified and exclusive repre-
sentative of all employees in the aforesaid appropriate unit for the
purposes of collective bargaining, within the meaning of Section 9(a)
of the Act.
5. By refusing on or about March 14, 1966, and at all times there-
after, to bargain collectively with the above-named labor organization
as the exclusive bargaining representative of all the employees of
Respondent in the appropriate unit, Respondent has engaged in and
is engaging in unfair labor practices within the meaning of Section
,8(a) (5) of the Act. .
6. By the aforesaid refusal to bargain, Respondent has interfered
with, restrained, and coerced, and is interfering with, restraining, and
coercing employees in the exercise of the rights guaranteed to them
in Section 7 of the Act, and has thereby engaged in, and is engaging
in; unfair labor practices within the meaning of Section 8(a) (1) of
the At. ' ' ' '
`The' aforesaid unfair labor practices are unfair labor practices
affecting' commerce within the meaning of Section 2(6) and (7) of
'the Act.
11 1
LYNCH AND COMPANY, INC. 117
ORDER
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board hereby orders that the
Respondent, S. H. Lynch and Company, Inc., Dallas, Texas, its
officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Refusing to bargain collectively concerning wages, hours, and
other terms and conditions of employment, with International Union
of United Brewery, Cereal, Soft Drink and Distillery Workers of
America, AFL-CIO, as the exclusive and duly certified bargaining
representative of its employees in the following appropriate unit :
All route salesmen, helpers, contact salesmen, advertising and
merchandising men, warehousemen, and draft beer line cleaners,
but excluding guards, office clerical employees, watchmen,
mechanics, and supervisors as defined in the Act.
(b) In any like or related manner interfering with, restraining, or
coercing employees in the rights guaranteed to them by Section 7 of
the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain with the above-named labor organiza-
tion, as the exclusive representative of all employees in the aforesaid
appropriate unit with respect to rates of pay, wages, hours, and other
terms and conditions of employment, and if an understanding is
reached, embody such understanding in a signed agreement.
(b) Post at its Dallas, Texas, plant, copies of the attached notice
marked "Appendix." 6 Copies of said notice, to be furnished by the
Regional Director for Region 16, after being duly signed by Respond-
ent's representative, shall be posted by Respondent immediately
upon receipt thereof, and be maintained by it for 60 consecutive days
thereafter, in conspicuous places, including all places where notices
to employees are customarily posted. Reasonable steps shall be taken
by Respondent to insure that said notices are not altered, defaced,
or covered by any other material.
(c) Notify said Regional Director for Region 16, in writing, within
10 days from the date of this Decision and Order, what steps
Respondent has taken to comply herewith.
6In the event that this Order is enforced by a decree of a United States Court of Appeals,
there shall be substituted for the words "a Decision and Order ," the words "a Decree of
the United States Court of Appeals Enforcing an Order."
118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that:
WE WILL NOT refuse to bargain collectively with International
Union of United Brewery, Cereal, Soft Drink and Distillery
Workers of America, AFL-CIO, as the exclusive representative
of the employees in the bargaining unit described below.
WE WILL NOT in any like or related manner interfere with,
restrain, or coerce our employees in the exercise of the rights
guaranteed them by Section 7 of the Act.
WE WILL, upon request, bargain with the above-named Union,
as the exclusive representative of all employees in the bargaining
unit described below with respect to wages, hours, and other
terms and conditions of employment and, if an understanding is
reached, embody such understanding in a signed agreement.
The bargaining unit is:
All route salesmen, helpers, contact salesmen, advertising
and merchandising men, warehousemen, and draft beer line
cleaner, but excluding guards, office clerical employees,
watchmen, mechanics, and supervisors as defined in the Act.
S. H. LYNCFI AND COMPANY, 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.
Employees may communicate directly with the Board's Regional
Office, Sixth Floor, Meacham Building, 110 West Fifth Street, Fort
Worth, Texas 76102, Telephone 335-4211, Extension 2145, if they
have any questions concerning this notice or compliance with its
provisions.
Takin Bros. Freight Line, Inc. and Kenneth J. Smith . Case 13-
CA-7068. July 8,1966
DECISION AND ORDER
On April 11, 1966, Trial Examiner Arthur Christopher, Jr., issued
his Decision in the above-entitled proceeding, finding that Respondent
160 NLRB No. 13.