National Labor Relations Board v. Food Employers Council, Inc., and Retail Clerks Union, Local 770

The National Labor Relations Board petitions, pursuant to section 10(e) of the National Labor Relations Act, 29 U. S.C. § 160(e) (1964), for enforcement against the respondents, the Food Employers Council, Inc., and the Retail Clerks Union, Local 770, of an order issued on March 15, 1967. The Board’s decision and order are reported at 163 N. L. R. B. No. 58. The Food Employers Council has filed with this court a waiver of its right to submit oral and written argument, and active opposition to enforcement of the order is undertaken only by the Retail Clerks Union.

At issue is the Board’s finding that the respondents committed unfair labor practices when they sought to apply the terms of their collective bargaining agreement to certain employees of the Food Employers Council’s members. The Council is comprised of several employers who operate retail food markets in Southern California. For many years the organization has on behalf of its members negotiated master collective bargaining agreements with various labor organizations; such a contract is the one here in question, made effective by respondents for a five-year term on April 1, 1964. The Board found that by attempting to…