Retail Clerks Union Local 324, Etc., 478 (1962)

National Labor Relations Board

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Retail Clerks Union Local 324, Etc., 478 (1962)

It is undisputed that the Respondents failed within 30 days to file a petition under 'Section 9 ( c) of the Act, and it is unrefuted, and I find, that the picketing did, in fact, result in inducing employees of suppliers not to deliver goods to the Employer over a period of time during which the picketing took place.

I conclude and I find, therefore , that the Respondents, by picketing for recognition at Joe Hunt's Restaurant in La Jolla, California, for more than 30 days, without a petition under Section 9(c) of the Act having been filed, violated Section 8(b)(7)(C) of the Act.

IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondents set forth in section III, above, occurring in connection with the operations of the Employer described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce.

CONCLUSIONS OF LAW

1. The Respondents, San Diego County Waiters and Bartenders Union Local 500 and Hotel Service Employees Union Local 402, are labor organizations within 'the meaning of Section 2(5) of the Act.

2. The Respondents have not either jointly or severally been certified as the collective-bargaining representative of the Employer's employees.

3. On and after June 9, 1961, the Respondents engaged in picketing the premises of the Employer, Norhunt, Inc., d/b/a Joe Hunt's Restaurant , with the effect of inducing employees of other employers in the course of their employment not to pick up or deliver or transport goods or not to perform services.

4. The picketing mentioned in paragraph 3, above, was conducted without a petition having been filed under Section 9(c) of the Act within 30 days after the commencement of said picketing.

5. An object of such picketing was to induce Norhunt, Inc., to recognize the Respondents as the collective-bargaining representative of its employees and to induce Norhunt, Inc , d/b/a Joe Hunt's Restaurant, to enter into a collectivebargaining contract with them.

6 By such picketing, the Respondents have, and each of them has, engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(7)(C) of the Act.

7. 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.] Retail Clerks Union Local 324 and Retail Clerks Union Local 770, both affiliated with Retail Clerks International Association,

AFL-CIO and Barker Bros. Corp. and Gold's, Inc. Case No.

21-CP-44. September 7, 1962 'DECISION AND ORDER On a joint charge duly filed on March 17, 1961, by Barker Bros.

Corp. and Gold's, Inc., the General Counsel for the National Labor Relations Board by the Regional Director for the Twenty-first Region issued a complaint and notice of hearing on April 25, 1961, against Retail Clerks Union Local 324 and Retail Clerks Union Local 770, both affiliated with Retail Clerks International Association, AFLCIO, hereinafter referred to as Respondents, alleging that Respondents had engaged in and were engaging in unfair labor practices af138 NLRB No. 54.

RETAIL CLERKS UNION LOCAL 324, ETC. 479 fecting commerce within the meaning of Section 8(b) (7) (C) of the National Labor Relations Act, as amended. Copies of...

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