Don the Beachcomber v. National Labor Relations Board

Adopting findings, conclusions and recommendations of a trial examiner, the National Labor Relations Board, in a decision reported at 163 N.L.R.B. No. 36 (1967), has determined that petitioner engaged in unfair labor practices by:

1. Coercive conduct in violation of § 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (1), designed to defeat the efforts of a union to secure representative status with respect to certain of petitioner’s employees; and

2. Refusal to bargain collectively with the union in violation of § 8(a) (5) of the Act, 29 U.S.C. § 158 (a) (5).

The Board accordingly has ordered petitioner to cease and desist from its unfair labor practices, to bargain with the union and to post appropriate notices. Petitioner seeks review under § 10(f) of the Act and to have the order set aside. The Board cross-petitions for enforcement.

In March, 1966, the union sought to secure representative status through obtaining authorization cards from petitioner’s employees at its Palm Springs, California, restaurant. It secured cards from 26 out of 52 employees. On March 8, 1966, it represented to petitioner that “an overwhelming majority of your employees have signed…