National Labor Relations Board v. George M. Hart, Dba San Diego Cabinets

Good Law
453 F.2d 215
United States Court of Appeals for the Ninth CircuitJanuary 7, 197271-1021California703 words

Opinion

Opinion

This is an application to enforce an order of the National Labor Relations Board, which found respondent employers had violated Sec. 8(a) (5) and (1) of the Act by refusing to recognize and bargain with a Union on an individual, single-employer basis in the San Diego area.

Respondents are the individual employers of workmen (mainly carpenters), who have refused, as employers, to bargain with Carpenters Local Union No. 2020, United Brotherhood of Carpenters & Joiners of America, AFL-CIO — herein “Local 2020” — as “separate units at each respondent’s premises.” (Cf. 183 NLRB No. 100 ).

FACTS

Following their ten year practice, in 1966 Local 2020 and the San Diego Lumbermen’s Association (herein “S.D. Association”), negotiated a labor contract, expiring July 31, 1969. The nine respondents herein were not members of the Employer’s S.D. Association, but seven of the nine, with another 40 “independent employers” in the San Diego area, negotiated separate and individual contracts containing essentially the same terms with the Local 2020 for the same period of time. Two respondent employers (Randell and C. A. Homes) did not sign contracts. However, they complied with the terms and…

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