Tonkin Corporation of California, Dba Seven-Up Bottling Company of Sacramento v. National Labor Relations Board

This is a petition for review of the Supplemental Decision and Order of the National Labor Relations Board pursuant to Section 10(f) of the National Labor Relations Act ( 29 U.S.C. § 151 et seq.). The Board has cross-petitioned for enforcement of its order. 29 U.S.C. § 160 (e). This Court has jurisdiction pursuant to Section 10(f), supra.

Petitioner is engaged in the business of bottling and distributing soft-drink products, including “Seven-Up”, in the Sacramento area. The “Seven-Up Employees Union” [hereinafter referred to as the Independent Union] had been the bargaining representative for many years for petitioner’s plant employees and route salesmen. It was formed originally by employees of petitioner in order to keep the Teamsters Union from gaining any representation. Its meetings were informal, infrequent, and largely social. It has never filed a grievance with petitioner. At the time of the events involved in the present dispute, a contract was in existence between petitioner and the Independent Union which was to expire on April 1, 1963.

Early in 1963, members of the Independent Union began discussing terms which they wanted incorporated into the new contract. These…