Doubarn Sheet Metal, Inc., 821 (1979)

Docket Number:31-CA-08124
 
FREE EXCERPT

DOUBARN SHEET METAL. INC.

Doubarn Sheet Metal, Inc. and Local Union No. 75,

Sheet Metal Workers' International Association,

AFL-CIO. Case 31-CA-8124

July 31, 1979 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS JENKINS

AND MURPHY

Upon a charge filed on June 14, 1978, by Local Union No. 75, Sheet Metal Workers' International Association, AFL CIO, herein called the Union, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 31, issued a complaint and notice of hearing on August II.

1978, against Doubarn Sheet Metal, Inc., herein Respondent or Doubarn. Copies of the charge, complaint, and notice of hearing were served on Respondent.

The complaint alleged that Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. The complaint alleged, in substance, that on or about June 1, 1978, and thereafter Respondent refused to bargain with the Union in that it refused to furnish it with certain requested information regarding, in general, Respondent's relationship with Stainless Steel, Inc., herein Stainless.

On October 25, 1978, the parties executed a stipulation of facts in which the parties waived a hearing before an administrative law judge and agreed to submnit the case to the Board for findings of facts, conclusions of law, and Decision and Order, based on a record consisting of the stipulation of the facts and the exhibits attached thereto.

On January 10, 1979, the Board approved the stipulation of the parties and ordered the case transferred to the Board, granting permission for the filing of briefs. Thereafter, both the General Counsel and Respondent filed briefs.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

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

FINDINGS OF FACTS

I. JURISDICTION Respondent is a corporation duly organized under and existing by virtue of the laws of the State of California, with an office and principal place of business in Torrance, California, where it is engaged in the manufacture of restaurant equipment. Annually, in the course and conduct of its business operations. Respondent sells and ships goods or services valued in excess of $50.000 directly to customers located outside the State of California.

Respondent admits and we find that Respondent is engaged in commerce and in operations affecting commerce as defined in Section 2(6) and (7) of the Act. We also find that it will effectuate the purposes of the Act to assert jurisdiction herein.

11. IE L.ABOR ()R(iAN1ZAII()N Respondent admits and we find that the Union is a labor organization as defined in Section 2(5) of the Act.

III. TIlE UNFAIR LABOR PRA(11( IS A. Facts The parties' stipulation shows these facts:

Respondent is now, and has been at all times material herein, an employer-member of the Sheet Metal and Air Conditioning National Contractors' Association-Los Angeles Chapter, herein called the Association, for the purpose of bargaining collectively with labor organizations. The Association is a voluntary association of employers, with its headquarters in Los Angeles. California. which admits to membership employers engaged in the sheet metal industry. The Association exists, in part, for the purpose of negotiating, executing, and administering multiemployer collective-bargaining agreements on behalf of its employer-members with the collective-bargaining representatives of their employees. The employer-members of the Association constitute a single employer for the purposes of the Act.

Since about 1957 Respondent has been a member of the Association, and, by its membership application to the Association, Respondent bound itself to the collective-bargaining agreement with the Union negotiated by the association on behalf of its employer-members.

On or about July 1, 1974, the Union and the Association, on behalf of its employers-members including Respondent, entered into a collective-bargaining agreement which is effective by its terms through June 30, 1979, concerning the terms and conditions of employment of the employees employed by the employer-members of the Association. All employees employed by the employer-members of the Association in the job classifications set forth in the contract constitute a unit appropriate for the purposes of col243 NLRB No. 104

821

D)CISIONS OF NAII()NAL LABOR RELATIONS BOARD lective bargaining, and at all times material herein the Union has been the representative of those employees for the purposes of collective bargaining.

Since at least 1971 Respondent has manufactured sheet metal equipment and installed said equipment at facilities operated by Sambo's Restaurant, Inc., herein called Sambo's. Also, since at least 1971 Respondent's employees in the appropriate unit described above have performed the work done by Respondent for Sambo's.

Respondent's principal owners and officers are Donald Barnfather and Donald L. Barnfather, the son of Donald Barnfather. Donald L. Barnfather has been and is now the vice president and the secretarytreasurer for Respondent, having primary responsibility for the formulation, implementation, and control of Respondent's labor relations policies.

At all times material herein Fred Griswold, a restaurant consultant and designer engaged in business in Santa Barbara, California,...

To continue reading

REQUEST YOUR FREE TRIAL