S. H. Lynch and Company, Inc.

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 jobs 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.