Tonkin Corp. Of California, D/B/A Seven-Up Bottling Co. Of Sacramento v. National Labor Relations Board

On January 15, and April 8, 1965, petitioner was charged by the Chauffeurs, Teamsters & Helpers Local No. 150 of the International Brotherhood of Teamsters, et al. with violation of sections 8(a) (1), (2), (3), and (5) of the National Labor Relations Act ( 29 U.S.C. § 158 (a) et seq.), which define unfair labor practices. On May 25, 1965, a Trial Examiner of the National Labor Relations Board found violations of section 8(a) (1), (2) and (5) of the Act (C.T. 23-41), but deemed it unnecessary to pass on the allegation that section 8(a) (3) had been violated. A cease and desist order against further violations and other remedial relief was granted.

Petitioner took exception to the findings of the Trial Examiner, as did the General Counsel for the Board. The Board reviewed the case and adopted the conclusions of the Trial Examiner except that it found that section 8(a) (3) of the Act had been violated. It modified the earlier order of the Trial Examiner accordingly.

Tonkin filed this petition for review under section 10(f) ( 29 U.S.C. § 160 (f) of the Act and the Board cross-petitioned for enforcement of its order under section 10(e) ( 29 U.S.C. § 160 (e)). Our jurisdiction rests…