John P. Serpa, Inc.

336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD John P. Serpa, Inc. and Retail Clerks Union, Local No. 1179, Retail Clerks International Association, AFL-CIO. Case 20-CA-3283 June 30, 1967 SUPPLEMENTAL DECISION AND SUPPLE- MENTAL ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING, BROWN, AND JENKINS On October 8, 1965, the National Labor Rela- tions Board issued a Decision and Order,' finding that Respondent had not refused to bargain with Local 1179, in violation of Section 8(a)(5) of the National Labor Relations Act, as amended. The Board therefore dismissed the complaint. Local 1179 petitioned the Court of Appeals for the Ninth Circuit to review and set aside the Board's Order. On March 28, 1967, the court is- sued its Decision,2 reversing the Board and finding that Respondent had violated Section 8(a)(5) of the Act as alleged. The court, accordingly, remanded the case to the Board for further proceedings con- sistent with its Decision. Pursuant to the remand, and upon reconsidera- tion of the entire case, we hereby set aside our previous Decision and Order in this proceeding, adopt the Trial Examiner's findings of facts, but not his conclusions and recommendations, and, in ac- cord with the court's decision, find on the aforesaid facts that Respondent has violated Section 8(a)(5) of the Act. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent heretofore set forth, occurring in connection with its operations heretofore described, 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. THE REMEDY It having been found that the Respondent has en- gaged in unfair labor practices, we shall order that it cease and desist therefrom and take certain affir- mative action designed to effectuate the policies of the Act. CONCLUSIONS OF LAW 1. John P. Serpa, Inc., is engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Retail Clerks Union, Local No. 1179, Retail Clerks International Association, AFL-CIO, is a labor organization as defined in Section 2(5) of the Act. 3. The following unit of the Respondent's em- ployees is an appropriate unit for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All automobile salesmen employed at Respond- ent's operations in Martinez, California, and Con- cord, California, excluding all other employees, of- fice clerical employees, machinists, guards and su- pervisors as defined in the Act. 4. At all times since September 25, 1964, Retail Clerks Union, Local No. 1179, Retail Clerks Inter- national Association, AFL-CIO, has been and con- tinues to be the exclusive bargaining representative of all the employees in the aforementioned unit for the purposes of collective bargaining within the meaning of Section 9(a) of the Act. 5. The Respondent, by refusing to recognize and bargain with Retail Clerks Union, Local No. 1179, Retail Clerks International Association, AFL-CIO, as the exclusive representative of its employees in the aforesaid unit, has violated Sec- tion 8(a)(5) and (1) of the Act. 6. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. SUPPLEMENTAL ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended , the National Labor Relations Board hereby orders that the Respond- ent, John P. Serpa, Inc., Martinez and Concord, California , its officers , agents, successors, and as- signs, shall: 1. Cease and desist from: (a) Refusing to recognize or to bargain collec- tively concerning wages, hours, and other condi- tions of employment with Retail Clerks Union, Local No. 1179, Retail Clerks International As- sociation, AFL-CIO , as the exclusive representa- tive of all the employees in the following ap- propriate unit: All automobile salesmen employed at Respond- ent's operations -in Martinez , California, and Con- cord, California, excluding all other employees, of- fice clerical employees , machinists , guards and su- pervisors as defined in the Act. (b) In any like or related manner interfering with, restraining, or coercing employees in the exer- cise of their rights under Section 7 of the Act. 2. Take the following affirmative action which 155 NLRB 99. 2 Retail Clerks Union , Local No 1179, Retail Clerks International As- sociation,AFL-CIO v. N L R.B., 376 F.2d 186 (C.A 9) 166 NLRB No. 66 JOHN P. SERPA, INC. 337 the Board finds will effectuate the policies of the Act: (a) Upon request, recognize and bargain collec- tively with Retail Clerks Union, Local No. 1179, Retail Clerks International Association, AFL-CIO, as the representative of its employees in the above-described appropriate unit and, if an understanding is reached , embody such understand- ing in a signed agreement. (b) Post at its office and salesrooms in Martinez and Concord, California, the, attached notice marked "Appendix."3 Copies of said notice, on forms provided by the Regional Director for Region 20, after being signed by Respondent's representa- tive, 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 the Respondent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director for Region 20, in writing, within 10 days from the date of this Order, what steps have been taken to comply herewith. 3 In 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 En- forcing an Order." WE WILL NOT refuse to recognize or bargain collectively with Retail Clerks Union, Local No. 1179, Retail Clerks International Associa- tion, AFL-CIO, as the exclusive representa- tive of the employees in the bargaining unit described below. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our em- ployees in the exercise of their rights guaran- teed by Section 7 of the Act. WE WILL recognize and, upon request, bar- gain with the above-named Union, as the ex- clusive representative of all employees in the bargaining unit described below, with respect to rates of pay, wages, hours of employment, 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 automobile salesmen employed at Respondent's operations in Martinez, California, and Concord, California, ex- cluding all other employees, office clerical employees, machinists, guards and super- visors as defined in the Act. Dated By 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: JOHN P. SERPA, INC. (Employer) (Representative) (Title) This notice must remain posted for 60 consecu- tive 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, 13050 Federal Building, 450 Golden Gate Avenue, Box 36047, San Francisco, California 94102, Telephone 556-3197.