National Labor Relations Board v. Donkin's Inn, Inc.

This is an application for Enforcement of an Order of the NLRB, issued on October 9, 1974, against Donkin’s Inn, Inc. (hereafter, “the Company”) for certain violations of sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act, 29 U.S.C. §§. 151 et seq. The order is reported at 214 NLRB No. 6 . The unfair labor practices took place in Marina Del Rey, California, where the Company operates a restaurant business engaged in commerce within the meaning of sections 2(6) and 2(7) of the National Labor Relations Act. This court therefore has jurisdiction by virtue of those sections and section 10(e) of the Act.

From 1965 to 1973, the Company had been a party to the Bay Area Agreement, a comprehensive collective bargaining agreement between the Union and the Bay Area Association, a multi-employer bargaining unit. In 1973, a petition was filed seeking to decertify the Union as the collective bargaining representative of the Company’s employees. The Union in response filed a section 8(a)(5) charge against the Company, alleging unlawful refusal to bargain. The NLRB’s regional office determined that the Company had illegally sponsored the decer-tification petition. The…