Chauffeurs, Teamsters & Helpers, Loc. 186, 788 (1968)

Chauffeurs, Teamsters and Helpers Union, Local 186, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Max Rudolph, d/b/a Max Rudolph Trucking Company. Case 31-CB-287

June 28, 1968 DECISION AND ORDER

BY MEMBERS FANNING, JENKINS, AND ZAGORIA Upon charges filed on October 23, 1967, by Max Rudolph, d/b/a Max Rudolph Trucking Company, herein called the Employer, the General Counsel for the National Labor Relations Board, by the Regional Director for Region 31, issued a complaint dated December 14, 1967, against Chauffeurs,

Teamsters and Helpers Union, Local 186, affiliated with the International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America, herein called the Respondent, alleging that the Respondent did engage in and is engaging in unfair labor practices within the meaning of Sections 8(b)(3) and 2(6) and (7) of the Act.

The complaint alleges in substance that on or about September 18, 1967,' the Employer and Respondent entered into a final and binding collective-bargaining agreement, and that since on or about October 13, the Respondent has refused to execute the agreement in violation of Section 8(b)(3) of the Act. On December 26, the Respondent filed an answer admitting certain allegations in the complaint, affirmatively pleading certain facts, and denying the commission of any of the unfair labor practices alleged in the complaint.

On March 20, 1968, all parties to this proceeding entered into a stipulation of facts. On the same day the parties jointly moved that the proceedings be transferred to the Board stipulating that the charge, complaint and notice of hearing, answer, order postponing hearing, dated March 21, 1968, and stipulation of facts shall constitute the entire record and that no oral argument is necessary or desired.

They further stipulated that they waived a hearing before a Trial Examiner, the ruling upon motions by a Trial Examiner, and the issuance of a Trial Examiner's Decision. On April 10, 1968, the Board approved the stipulation and ordered the proceedings transferred to the Board. Thereafter, the General Counsel, the Employer, and the Respondent filed briefs.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na' All dates are 1967 unless otherwise indicated tional Labor Relations Board has delegated its powers in connection with this case to a threemember panel.

Upon the basis of the stipulation , the briefs, and the entire record in this case , the Board makes the following:

FINDINGS OF FACT

  1. THE BUSINESS OF THE EMPLOYER Employer is a partnership with its place of business and terminal in Santa Paula, California, where it is engaged in the intrastate transportation of commodities by motor vehicle. Annually, in the course and conduct of its business operations, Employer derived gross revenues in excess of $50,000 from its operations which were performed for various enterprises, including in excess of $50,000 for services performed for Weyerhaeuser Company, which latter enterprise annually produces and ships goods valued in excess of $50,000 from the State of California directly to points in other States of the United States. We find, as stipulated by the parties, that the Employer is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein.

    1. THE RESPONDENT We find, as stipulated by the parties, that the Respondent is now, and at all times material has been,,a labor organization within the meaning of Section 2(5) of the Act.

    2. THE UNFAIR LABOR PRACTICES In their stipulation, the parties stated that:

      On or about April 17, 1967, the Employer recognized the Respondent as the collective- bargaining representative of its employees at its Santa Paula terminal . Negotiations commenced in late April.

      The Employer was represented by Max Rudolph and by Attorneys Harry J. Keaton and Thomas P.

      Burke . The Respondent was represented by its agent, Arthur Bauerlein , and intermittently by its secretary-treasurer, Cliff Jameson, and by Attorney Daniel Feins. Negotiation meetings were held on April 27, May 10, June 28, and August 23. Early in the negotiations, the Employer was advised that the agreement would be submitted to the bargaining unit for ratification.

      172 NLRB No. 74

      CHAUFFEURS, TEAMSTERS & HELPERS, LOC. 186 789

      By August 23, the parties had reached complete agreement except for compensation and...

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