Extract
Penasqultos Gardens, Inc., 994 (1978)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Penasquitos Gardens, Inc.; Penasquitos Hills, Inc.;San Diego Leisure Life Village; and Penasquitos Village, Inc. and Laborers' International Union of North America, Local No. 89, AFL-CIO. Case 21CA-15904June 16, 1978 DECISION AND ORDERBY CHAIRMAN FANNING AND MEMBERS JENKINSAND PENEI.O On February 7, 1978, Administrative Law Judge Bernard J. Seff issued the attached Decision in this proceeding. Thereafter, the General Counsel and Respondent filed exceptions and supporting 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.The Board has considered the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge only to the extent consistent herewith.While not completely free from doubt, it would appear that the Administrative Law Judge found that Respondent violated Section 8(a)(5) and (1) of the Act by dealing directly with its employees in derogation of the Union's status as the exclusive bargaining representative of those employees. The Administrative Law Judge also found that Respondent was not required to execute the contract proffered by the Union and dismissed that portion of the General Counsel's complaint alleging that such refusal violated Section 8(a)(5) and (1) of the Act. For the reasons stated, infra, we find merit in the exceptions raised with respect to these findings.Briefly, the salient facts are that, by letter dated April 18, 1977,' the Union advised Respondent of its desire to negotiate a collective-bargaining agreement to succeed the one which was to expire on June 30.After Respondent's attorney, Keiler, requested the Union's proposals for a new contract and the Union's attorney, Studer...See the full content of this document
Sponsored links
