Liebmann Breweries, Inc., 616 (1962)

to pay over these sums to the appropriate State and Federal agencies for the credit of the discriminatees. Under the recommended remedy, back pay shall not accrue from April 10, 1951, the date of Judge Leibell' s order, to the date of its vacation. If this order is vacated, back pay shall again accrue beginning 6 days thereafter unless the Union has within that time notified the Times and the Mirror that it has no objection to and permitting their employment on a nondiscriminatory basis.

On the basis of the foregoing findings of fact and upon the entire record in the case, I make the following :

CONCLUSIONS OF LAW

1. The New York Times Company, Inc., and the Hearst Corporation, New York Mirror Department, are engaged in commerce within the meaning of Section 2 (6) and (7) of the Act.

2. Newspaper. and Mail Deliverers' Union of New York and Vicinity is a labor organization within the meaning of Section 2 (5) of the Act.

3. By attempting to cause and causing the New York Times Company, Inc., and the Hearst Corporation, New York Mirror Department, to discriminate against the employees named in section IV, above, the Union has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (b) (2) of the Act.

4. By restraining and coercing employees in the exercise of rights guaranteed in Section 7 of the Act, the Union has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act.

5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act.

   [Recommendations omitted from publication in this volume.] LIEBMANN BREWERIES , INC. and Tim BREWERY WORKERS JOINT LOCAL EXECUTIVE BOARD OF NEW JERSEY , AFL, PETITIONER. Case No.

   2-RC-4706. November 06, 1952

   Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Leonard J. Lurie, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

   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 Houston, Styles, and Peterson].

   Upon the entire record in this case, the Board finds :

1. Prior to the end of 1950 Liebmann Breweries, Inc., a New York corporation engaged in the production of Rheingold beer, owned and operated two breweries and a number of depots and branches, including a depot at Newark, New Jersey. About the end of 1950 the com101 NLRB No. 117.

   LIEBMANN BREWERIES, INC. 617 pany purchased a brewery at Orange, New Jersey, from John F.

   Trommer, Inc. A separate corporation, called Liebmann Breweries,

   Inc., of New Jersey, was formed and this corporation took title to the newly acquired plant January 8, 1951.

   The stock of the New Jersey corporation is wholly owned by the New York corporation with the exception of three shares required by New Jersey law to be held by other persons. Substantially all of the officers and directors of the New Jersey corporation hold corresponding offices in the New York corporation. The New York corporation has certain officers who hold no office in the New Jersey corporation. The Orange plant, which replaced the Newark depot, is staffed with employees from the Newark depot, employees formerly employed by John F. Trommer, Inc., and some new employees. The bottle supervisor and the keg supervisor now at Orange held the same positions at Newark. The office manager at Orange was the depot manager at Newark. The sales manager at Orange was formerly sales manager at the Employer's Manhattan operation and was sent to run the Newark depot at the time the Orange...