San Francisco Local Joint Executive Board of Culinary Workers, Bartenders, Hotel, Motel, and Club Service Workers

726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD San Francisco Local Joint Executive Board of Culinary Workers, Bartenders, Hotel, Motel and Club Service Workers, AFL-CIO; Waiters and Dairy Lunchmen's Union, Local No. 30; Bartenders' Union Local No. 41 ; Cooks, Pastry Cooks & Assistants' Union, Local No. 44 ; Waitresses & Cafeteria Employees Union, Local No. 48; Miscel- laneous Culinary Employees Union, Local No. 110; and Hotel, Motel, Club, Office & Service Workers Union Local No. 283 and Associated Union Street Restaurants. Case 20-CP-417 March 23, 1973 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS JENKINS, KENNEDY, AND PENELLO On January 4, 1973, the National Labor Relations Board issued a Decision and Order in the above- entitled proceeding,' finding that the Respondent had committed violations of the National Labor Relations Act, as amended, within the meaning of Section 8(b)(7)(B) and ordering that the Respondent cease and desist therefrom and take certain affirma- tive action. Thereafter, Respondent filed a petition for reconsideration which, inter alia, requests that the Board rescind the broad order issued in the above case. The Board has again reviewed the entire record in this case, including Respondent's petition, and has decided to affirm its original Decision for the reasons hereinafter set forth. The main issue2 now before us is whether the broad order which we issued herein is justified. "[W ]e have long held, with court approval, that a broad remedial order is appropriate whenever a proclivity to violate the Act is established, either by 201 NLRB No 15 z We find no merit in Respondent's request that we reconsider our decision to assert jurisdiction over the association the facts within a particular case, or by prior Board decisions against the respondent at bar based upon similar unlawful conduct in the past." (Fns. omit- ted.)3 In the present case, Respondent was found to have engaged in unlawful picketing at The Cooper- age and The Vinter, restaurants located on Union Street in San Francisco, in contravention of Section 8(b)(7)(B) of the Act. We also note that Respondent was just recently found to have violated the same section of the Act by its unlawful picketing at Coffee Cantata, Ltd., another restaurant on Union Street.4 Moreover, the record in the instant case discloses an alleged plan by Respondent to organize all the restaurants on Union Street. Indeed, the record discloses that Respondent was picketing other restaurants in the area at the time it was picketing the restaurants herein. Considering all the circumstances, we firmly believe that Respondent's proclivity to violate the Act in this regard has been well established and we shall, therefore, affirm our original Decision and Order. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby affirms its Order previously issued herein and orders that the Respondent, San Francisco Local Joint Executive Board of Culinary Workers, Bartenders, Hotel, Motel and Club Service Workers, AFL-CIO; Waiters and Dairy Lunchmen's Union, Local No. 30; Bartenders' Union, Local No. 41; Cooks, Pastry Cooks & Assistants' Union, Local No. 44; Waitresses & Cafeteria Employees Union, Local No. 48; Miscellaneous Culinary Employees Union, Local No. 110; and Hotel, Motel, Club, Office & Service Workers Union Local No. 283, their officers, agents, and representatives, shall take the action set forth in the Board's previous Decision. 3 H A Carney and David Thompson, Partners, d/b/a C & T Trucking Co, 191 NLRB No 2, and cases cited therein 4 196 NLRB No 88 202 NLRB No. 108