Brown Food Store, 73 (1962)

National Labor Relations Board

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Brown Food Store, 73 (1962)

DECISION AND ORDER

On August 23, 1960, Trial Examiner Wallace E. Royster issued his Intermediate Report in the above-entitled consolidated proceeding, finding that the Respondents, with the exception of Food Jet, Inc., and the individual Respondent, Lenn Jones, had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the Intermediate Report attached hereto. Thereafter, the Respondents, except for the two mentioned above, filed exceptions to the Intermediate Report together with a supporting brief.

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the cases, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner for the reasons stated below.

Each of the Respondents operates one or more retail food stores in Carlsbad, New Mexico. They have been bargaining on a multiemployer association basis with the Union since 1957 and have had a series of collective-bargaining contracts since that time.' In January 1960, the Employer Association and the Union opened negotiations for a new contract, and by March 2 they had agreed on all terms except the Union's proposal for retroactive wage increases and the effective 1 The relationship between the contracting parties has always been an amicable one, and their contracts have contained union -shop provisions.

137 NLRB No. 6.

date for such increases. On March 2, the Union authorized a strike to implement these demands and notified the Association of this decision.

The Association thereupon advised the Union that the employers would consider a strike against any member of the group to be a strike against all.

On March 16, the Union struck and picketed Food Jet, one of the five Association members involved here. The other four employers, operating six stores, immediately locked out all of their employees, telling them that they would be returned to work at the conclusion of the strike . Each Respondent thereafter individually attempted...

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