National Labor Relations Board v. Sunset House and Local 399, Building Service Employees' International Union, Afl-Cio

This case arises upon the petition of the National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e), for enforcement of its order. In agreement with the Trial Examiner, the Board found that Sunset House and the Building Service Employees’ International Union, Local 399, violated respectively Sections 8(a) (1), (2) and (3) and 8(b) (1) (A) and (2) of the Act, 29 U.S.C. § 158(a) (1), (2) and (3) and 29 U.S.C. § 158 (b) (1) (A) and (2). These sections make it an unfair labor practice for an employer or labor organization to interfere with or coerce employees in the exercise of their right to self-organization and to choose their own bargaining representatives. The Board and Trial Examiner found these violations in the attempt of the employer and union to apply their collective bargaining contract, including the union security provisions, to Sunset’s new store in San Francisco, without approval of the San Francisco employees. This denied the employees at the new store the right to choose their own bargaining representative.

Sunset House conducts a mail order business from its principal office in Los Angeles. Ninety-two percent…