Santangelo & Co., 1649 (1965)

Docket Number:27-CA-01750
 
FREE EXCERPT

SANTANGELO & CO. 1649

This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, detaced, or covered by any other material.

If members have any question concerning this notice or compliance with its provisions, they may communicate directly with the Board's Regional Office, 327 Logan Building, 500 Union Street, Seattle, Washington, Telephone No. 682-4553.

APPENDIX C

NOTICE TO ALL MEMBERS OF BRICKLAYERS AND MASONS LOCAL UNION No. 3

AND TO ALL EMPLOYEES OF ELMER L. JOHNSON MASONRY CONSTRUCTION, INC.

Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify you that.

WE WILL NOT induce or encourage individuals employed by Elmer L. Johnson Masonry Construction, Inc., or any other persons engaged in commerce or in an industry affecting commerce, to engage in a strike or refusal in the course of their employment to use or handle any material or to perform any services where an object thereof is to force or require their employer to cease doing business with Purvis-Fedco, Inc.

WE WILL NOT threaten, coerce, or restrain Elmer L. Johnson Masonry Construction, Inc., or any other person engaged in commerce or in an industry affecting commerce, where an object thereof is to force or require said employer to cease doing business with Purvis-Fedco, Inc.

BRICKLAYERS AND MASONS LOCAL UNION No. 3,

Labor Organization.

Dated------------------- By------------------------------------------(Representative) (Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.

If members have any question concerning this notice or compliance with its provisions, they may communicate directly with the Board's Regional Office, 327 Logan Building, 500 Union Street, Seattle, Washington, Telephone No. 682-4553.

Tony R. Santangelo, an Individual Proprietor d/b/a Santangelo & Co. and International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, Local No. 452. Case No. 27-CA-17-50. September 27,1965 DECISION AND ORDER

On June 14, 1965, Trial Examiner Ramey Donovan issued his Decision in the above-entitled proceeding, finding that Respondent had engaged in and was engaging in certain unfair labor practices, and recommending that he cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief.

Pursuant to Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Jenkins and Zagoria].

154 NLRB No. 138.

206-446-66-col. 154-105

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, the brief,' and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby adopts as its Order the Recommended Order of the Trial Examiner, and orders that the Respondent, Tony R. Santangelo, An Individual Proprietor d/b/a Santangelo & Co., Denver, Colorado, his officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's Recommended Order.

' The General Counsel's motion to strike Respondent ' s exceptions and brief is denied.

TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE

The charge of unfair labor practices in this case was filed by the above-named Union on January 13, 1965. The complaint issued under date of February 23, 1965.

In issue were the jurisdiction of the Board and conduct alleged to be in violation of Section 8(a)(1) and (5) of the Act. With all parties represented, the hearing was held before Trial Examiner Ramey Donovan in Denvei, Colorado, on May 4, 1965.

Upon the entire record in the case and from my observation of the witnesses, I make the following:

FINDINGS OF FACT

  1. RESPONDENT'S BUSINESS Respondent is an individual proprietor who engages in the wholesale fruit and vegetable business in Denver, Colorado, as Santangelo & Co. In addition to the proprietor, Tony Santangelo, the personnel of the Company consists of three driverwarehousemen, Elizolde, Sisneros , and Del Real, plus a bookkeeper and a foreman.

    On an annual basis, Respondent purchases fiuit and vegetables in an amount of at least $200,000, principally from carlot wholesalers in Colorado. Substantially all, or at least 95 percent, of the fruit and vegetables secured from the carlot wholesalers, originate outside Colorado . The carlot wholesalers order their produce directly from the out-of-State producers or suppliers, or in some cases, from the out-of-State supplier's local representative; 1 the carlot wholesalers also order through, commission brokers.2 Respondent additionally, from September 1963, to September 1964, supplied $7,000 worth of produce to the Lowry Air Force Base commissary, and, from September 1964 to the time of the hearing, had supplied $12,000 worth of produce to the same facility.

    It is found that Respondent's operations bring it within the jurisdictional standards of the Act and within the Board's jurisdictional criteria. We also find that the Union is a labor organization within the meaning of the Act.

    1. THE ALLEGED UNFAIR LABOR PRACTICES In January 1965, the Union began organizational efforts among all the employees working for companies in the wholesale market area where Respondent...

To continue reading

FREE SIGN UP