Howard Johnson, Inc., of New Jersey, 1260 (1962)

National Labor Relations Board

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Howard Johnson, Inc., of New Jersey, 1260 (1962)

DECISION AND ORDER

On December 8, 1961, Trial Examiner Sidney Lindner issued his Intermediate Report in the above-entitled proceeding, finding that the 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 Intermediate Report attached hereto. Thereafter the Respondent filed exceptions to the Intermediate Report and a supporting brief.

Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Rodgers, Fanning, and Brown].

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 case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

135 NLRB No. 128.

HOWARD JOHNSON, INC., OF NEW JERSEY, ETC. 1261 ORDER

Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Howard Johnson Company, its officers, agents, successors, and assigns, shall:

1. Cease and desist from :

(a) Refusing to bargain collectively with Hotel and Restaurant Employees and Bartenders Union, Local 4, Hotel and Restaurant Employees and Bartenders International Union, AFL-CIO, as the exclusive bargaining representative of employees in the appropriate unit with respect to wages, rates of pay, hours of employment, or other conditions of employment. The appropriate collective-bargaining unit is :

All waiters, waitresses, cashiers, counter employees, cooks, porters, kitchen help, and gift shop employees at the Employer's Milltown Restaurant 8N, excluding office clerical employees, hostesses, guards, professional employees, and supervisors as defined in the Act.

(b) In any like or related manner interfering with, restraini...

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