National Labor Relations Board v. Miller Brewing Company

Good Law
408 F.2d 12·70 L.R.R.M. (BNA) 2907·1969 U.S. App. LEXIS 8842
United States Court of Appeals for the Ninth CircuitFebruary 20, 196922698California1,587 words

Opinion

Opinion

Barnes, J.

In this petition for enforcement, the National Labor Relations Board seeks af-firmance of its approval of the trial examiner’s order finding that respondent Miller Brewing Company was guilty of an unfair labor practice because it refused a union request to negotiate plant rules published by respondent.

Miller Brewing Company is one of seven members of the California Brewers Association (hereafter Association), a multi-employer bargaining unit. Respondent joined Association in May of 1966 when it acquired a California brewery belonging to a member. At that time, respondent signed the existing labor agreement which like all previous contracts made no provision for issuance of plant rules. (R. at 22.)

Shortly after it began operating its California plant, respondent, without notice to any union representing plant employees, published in booklet form what it characterized as “plant rules” which included both safety rules and general regulations. Similar rules had been put into effect at other member companies without union consultation. (R. at 78.) The complaining union, the International Association of Machinists and Aerospace Workers (hereafter Union) then requested that the rules…

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