Extract
Yoshi's Japanese Restaurant, 1339 (2000)
Yoshi's Japanese Restaurant, Inc. d/b/a Yoshi's Japanese Restaurant & Jazz House and Hotel Employees and Restaurant Employees Union, Local 2850, Hotel Employees and Restaurant Employees International Union, AFL-CIO. Case 32-CA-16527
April 27, 2000 DECISION AND ORDER BY CHAIRMAN TRUESDALE AND MEMBERS LIEBMAN AND HURTGEN On September 18, 1998, Administrative Law Judge Mary Miller Cracraft issued the attached decision. The General Counsel and the Charging Party filed exceptions and supporting briefs, and the Respondent filed cross exceptions and a supporting brief. Thereafter, the Charging Party filed an answering brief to the Respondent's cross-exceptions, and the Respondent filed a reply brief. The Respondent also filed an answering brief to the General Counsel's and the Charging Party's exceptions, and the Charging Party filed a reply brief. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the decision and record in light of the exceptions and briefs, and has decided to affirm the judge's rulings,1 findings,2 and conclusions, and to adopt the recommended Order.3 ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Yoshi's Japanese Restaurant, Inc. d/b/a Yoshi's Japanese Restaurant & Jazz House, Oakland, California, its officers, agents, successors, and assigns, shall take the action set forth in the Order. MEMBER HURTGEN dissenting in part. I agree with the judge's findings except her finding that the Respondent's owner, Yoshi Akiba, unlawfully interrogated employees Belinda Peitso and Jesse Kupers. As fully recounted by the judge, Akiba asked two employees, who were open and active union supporters, why employees were organizing. In my view, Akiba's general questions, directed to open union advocates, were not coercive. See Rossmore House, 269 NLRB 1176 (1984), enfd. 760 F.2d 1006 (9th Cir. 1985).Gary M. Connaughton, Esq., for the Acting General Counsel. Philip E. Drysdale, Esq., Michael S. Ward, Esq., and Beth E. Aspedon, Esq. (Fitzgerald, Abbott & Beardsley LLP), of Oakland, California, for the Respondent.Joni S. Jacobs, Esq. (Davis Cowell & Bowe LLP), of San Francisco, California, for the Charging Party. DECISION STATEMENT OF THE CASE MARY MILLER CRACRAFT, Administrative Law Judge. This case was tried in Oakland, California, on May 6, 7, and 8, 1998. The charge was filed by Hotel Employees and Restaurant Employees Union, Local 2850, Hotel Employees and Restaurant Employees International Union, AFL-CIO (the Union) on December 23, 1997, 1 and amended on January 7, 1998. The complaint was issued February 23, 1998. At issue is whether Yoshi's Japanese Restaurant, Inc., d/b/a Yoshi's Japanese Restau-rant & Jazz House (Respondent or Yoshi's) committed misconduct which allegedly tended to undermine the Union's majority strength and impede the Board's election...See the full content of this document
Sponsored links
