Schnelli Enterprises, Inc. d/b/a Cellar Restaurant, 796 (1982)

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Schnelli Enterprises, Inc. d/b/a Cellar Restaurant, 796 (1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Schnelli Enterprises, Inc. d/b/a Cellar Restaurant and Hotel & Restaurant Employees & Bartenders' Union of Long Beach & Orange County,

Local 681, AFL-CIO, chartered by Hotel and Restaurant Employees and Bartenders International Union. Case 21-CA-19582

July 12, 1982 DECISION AND ORDER

BY MEMBERS FANNING, JENKINS, AND ZIMMERMAN

On February 24, 1982, Administrative Law Judge David P. McDonald issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief.

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 record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.

The Administrative Law Judge has found, and we agree, that Respondent violated Section 8(a)(5) and (1) of the Act by failing to provide the Union with requested relevant bargaining information and by failing on and after August 26, 1980, to meet and negotiate in good faith with the Union as the certified bargaining representative of Respondent's employees. We find merit, however, in Respondent's exceptions to the Administrative Law Judge's remedial recommendation that the Union's initial year of certification begin anew on the date Respondent resumes bargaining in good faith.

Absent flagrant violations' or a respondent employer's history of failing to reach bargaining agreements with unions,2 the Board's traditional remedial practice has been to extend a union's certification year only by that part of the year remaining when unfair labor practices interrupt prior goodfaith bargaining.3

In this case, Respondent fulfilled its bargaining obligation under Section 8(d) of the Act for approximately 8 months, from the Union's certification on November...

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