Richmond Dry Goods Co., Inc., 663 (1951)
RICHMOND DRY GOODS COMPANY, INC . 663
Having found that the Respondent has refused to bargain, in violation of Section 8 (a) (5) and 8 (a) (1) of the Act, the undersigned will recommend that the Respondent cease and desist from engaging in such conduct. The undersigned will further recommend that the Respondent, upon request, bargain collectively with the Union as the exclusive representative of all the employees in the unit hereinabove found appropriate.
Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the undersigned makes the following :
CONCLUSIONS OF LAW
International Association of Machinists, District Lodge No. 727, is a labor organization, within the meaning of Section 2 (5) of the Act.
All the Respondent's mechanics, lube men, parts men, body and fender men, painters, service mechanics, maintenance men, and working foremen, excluding guards, professional employees, clerical employees, salesmen, and supervisors as defined by the Act, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.
International Association of Machinists, District Lodge No. 727 was on April 11, 1950, and at all times relevant thereafter has been, the exclusive representative of all the employees in such unit for the purposes of collective bargaining, within the meaning of Section 9 (a) of the Act.
By refusing on April 14, 1950, and thereafter to bargain collectively with International Association of Machinists, District Lodge No. 727, as the exclusive representative of all the employees in the appropriate unit, the Respondent has engaged in, and is engaging in, unfair labor practices, within the meaning of Section 8 (a) (5) of the Act.
By the said refusal the Respondent interfered with, restrained, and coerced his employees in the exercise of the rights guaranteed in Section 7 of the Act, and thereby engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act.
The aforesaid unfair labor practices are unfair labor practices affecting commerce, within the meaning of Section 2 (6) and (7) of the Act.
[Recommended Order omitted from publication in this volume.] RICHMOND DRY GOODS COMPANY, INC. and RETAIL CLERKS INTERNATIONAL ASSOCIATION, LOCAL 157, AFL, PETITIONER RICHMOND DRY GOODS COMPANY, INC. and WAREHOUSE EMPLOYEES UNION LOCAL. No. 322, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL,
PETITIONER. Cases Nos. 5-RC-730 and 5-RC-789. March 5, 1951
Decision and Order Upon petitions duly filed, a consolidated hearing was held before Dudley S. Knox, hearing officer. The hearing officer's rulings made 93 NLRB No. 87.
at the hearing are free from prejudicial error and are hereby affirmed.' Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Reynolds].
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