Restaurant Association of the State of Washington, Inc., 133 (1971)
National Labor Relations Board
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Restaurant Association of the State of Washington, Inc., 133 (1971)
RESTAURANT ASSN. OF THE STATE OF WASHINGTON Restaurant Association of the State of Washington,
Inc., Pierce County Chapter, and its MemberEmployers, Air Port Cafe, Holiday Inn, Pantry Cafeteria Inc., Lee Restaurant, Steve's Gay Nineties,Brad's Restaurant, Busch's Round Table, Richards Restaurant, Cliff House, Top of Ocean, Winthrop,Cedar Inn, Zarelli's, Black Angus, Browne's, Flitter Inn, Galley West, Sherwood Inn, Western R, White Cap, Barcotts Seafood and Local Joint Executive Board of Tacoma, Washington; Hotel & Restaurant & Motel Employees, Local #61; and Bartenders Union Local #711. Case 19-CA-4477April 27, 1971 DECISION AND ORDERBY CHAIRMAN MILLER AND MEMBERS FANNING,BROWN, AND JENKINS On September 10, 1970, Trial Examiner Maurice Alexandre issued his Decision in the above-entitled case, finding that Respondents had engaged in certain unfair labor practices with the meaning of the National Labor Relations Act, as amended, and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, the Respondents filed exceptions to the Trial Examiner's Decision and a supporting brief.' 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.ORDERPursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the Recommended Order of the Trial Examiner and hereby orders that the Respondents, Restaurant Association of the State of Washington, Inc., Pierce County Chapter, and its member-employers, Air Port Cafe, Holiday Inn, Pan' Respondents have requested that the record be reopened to receive certain exhibits and testimony regarding business reasons for failure to reinstate certain employees Inasmuch as the exhibits constitute a reiteration of evidence already in the record and since the settlement agreement constituted a waiver of such business defenses, Respondent' s request is hereby denied ' In adopting the Trial Examiner's 8(a)(3) and (1) finding predicated upon the doctrine of equitable estoppel, we rely on the fact that the breach went to the very heart of the strike settlement agreement and involved one of its principal terms, pursuant to which about 95 percent of the Respondent's employees abandoned the strike and returned to work 133 try Cafeteria Inc., Lee Restaurant, Steve's Gay Nineties, Brad's Restaurant, Busch's Round Table, Richards Restaurant, Cliff House, Top of Ocean, Winthrop,Cedar Inn, Zarelli's, Black Angus, Browne's, Flitter Inn, Galley West, Sherwood Inn, Western R, White Cap, Barcotts Seafood, their officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's Recommended Order.CHAIRMAN MILLER, concurring in result:Like my col...See the full content of this document
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