National Labor Relations Board v. Tonkin Corporation of California, Doing Business as Seven Up Company of Sacramento

The National Labor Relations Board petitions to enforce its order of June 10, 1964, entered after hearing upon a complaint. alleging violation by respondent, Seven Up Company of Sacramento, of § 8(a) (1), (2) and (3) of the National Labor Relations Act. [ 29 U.S.C. § 158 (a) (1), (2) and (3).]

This order directs respondent to “Withdraw and withhold all recognition from Sacramento 7-Up Employees’ Union or any successor thereto as representative of its employees”; and to cease giving effect to the April 1, 1963, contract between respondent and that union, “unless or until Sacramento 7-Up Employees’ Union is certified as bargaining representative by the National Labor Relations Board”. The order also directs respondent to reinstate an -employee, one Barwise, and “make him whole for any loss of earnings by reason of the discrimination against him”.

The basic issues presented by the petition are: (1) whether the hearing record establishes that respondent refused on April 1, 1963, to allow employees to work until after a new collective-bargaining agreement between respondent and the union had been signed; (2) whether this alleged “lockout” constituted an unfair labor practice; and (3)…