National Labor Relations Board v. C & C Plywood Corporation and Veneers, Inc.

Good Law
413 F.2d 112·71 L.R.R.M. (BNA) 2796·1969 U.S. App. LEXIS 12065
United States Court of Appeals for the Ninth CircuitJune 6, 196922305_1California2,174 words

Opinion

Opinion

Jameson, J.

Petitioner seeks to enforce its order of August 13, 1967, finding that respondents, C & C Plywood Corporation and Veneers, Inc., violated Section 8(a) (5) and (1) of the National Labor Relations Act by refusing to recognize and bargain collectively with Plywood, Lumber and Sawmill Workers Local Union No. 2405, AFL-CIO, and requiring the companies, upon request, to bargain collectively with the union. This court has jurisdiction by virtue of Section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e).

Following a representation election on July 6, 1962, the union on August 28, 1962, was certified as the bargaining agent of both employers. The companies and union executed a collective bargaining agreement on May 1, 1963, effective to October 31, 1963, and from year to year thereafter unless either party notified the other of a desire to change or terminate the agreement.

The contract contained a wage clause, providing in part:

Relying upon this clause, C & C Plywood on May 20, 1963, without prior notice to the union, posted a notice announcing that effective immediately and for the ensuing two months, all members of the glue spreader crews would receive premium pay,…

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