Extract
Consolidated Foods Corp., 832 (1970)
Consolidated Foods Corporation and International Union of District 50, Allied and Technical Workers of the United States and Canada.' Case 14-CA-5333
June 22, 1970 DECISION AND ORDERBY MEMBERS MCCULLOCH, BROWN, AND JENKINS On March 19, 1970, Trial Examiner Sidney Sherman issued his Decision in the above -entitled proceeding, as amended by an errata issued on March 25, 1970, finding that Respondent had engaged in and was engaging in certain unfair labor practices, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended , the National Labor Relations Board has delegated its powers in connection with this case to a threemember panel.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 Trial Examiner's Decision, the exceptions and brief, and the entire record in the case, and hereby adopts the findings , conclusions, and recommendations of the Trial Examiner, only to the extent that they are consistent with this Decision and Order.The Trial Examiner found that Respondent violated Section 8(a)(5) and (1) of the Act by unilaterally transferring driving operations from its Ashley plant to-its Centralia plant, and by engaging in direct discussions-with the affected Ashley employees. Respondent excepts, contending , inter alia, that District 50, by virtue of article XVIII of the applicable collective-bargaining agreement , waived its right to prior consultation and bargaining over management decisions resulting in the interplant transfer of jobs. We find merit in the Respondent's position.Since 1966, Respondent has operated candy manufacturing plants at Ashley and Centralia, Illinois. The plants are located 16 miles apart and both were acquired by purchase from another ' The name of the Charging Party, formerly International Union of Distnct 50, United Mine Workers of America, appears as amended pursuant to an amendment of its constitution on April 9, 1970. The Charging Party is hereinafter called District 502 It appears that the jobs of Curtis and Links were transferred in 1966 from Centralia to Ashley for the purpose of avoiding the consequences of a candy manufacturer. At Ashley, Respon...See the full content of this document
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