National Labor Relations Board v. Golden State Bottling Company, Inc., D/B/A Pepsi-Cola Bottling Company of Sacramento

Good Law
401 F.2d 454
United States Court of Appeals for the Ninth CircuitAugust 1, 196819803California1,621 words

Opinion

Opinion

Thompson, J.

Effective April 1, 1961, the union, P.C.B.C.E., Inc., and Respondent, Golden State Bottling Company, Inc., entered into a collective bargaining agreement covering all non-supervisory employees at the Sacramento, California plant of Golden State Bottling Company, Inc. Membership in the union was limited to employees of Golden State and it was independently operated and controlled, The agreement contained a provision for annual termination on notice. It was renewed in writing on March 31, 1962 with a 12% cents per hour increase in wages. In January, 1963, the union sent timely notice to Golden State demanding negotiations for a new contract,

Negotiations commenced early in March and bargaining continued to the end of the month. No agreement was reached and the negotiations were deadlocked. At the last union meeting, the employer’s proposals were rejected by the union by a tie vote and the employees who rejected the contract signed cards to solicit the Teamsters Union as the bargaining agent. When the employees reported for work the morning of April ^ey were called together by Schilling, General Manager of Golden State, and informed that they would not be permitted to work without a…

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