Queen Mary Restaurants Corp. And Q. M. Foods, Inc. v. National Labor Relations Board

In this petition for review and cross-application for enforcement, the NLRB represents the charging party, the Marine Cooks and Stewards Union (Marine Cooks), against the Queen Mary Restaurant Corporation and its subsidiary, Q.M. Foods, Inc. (collectively, the Company).

The Board found that the Company had violated the National Labor Relations Act (the Act), 29 U.S.C. § 151 et seq., by re fusing to bargain in good faith with the Marine Cooks, by threatening that unfair-labor-practice strikers would be permanently replaced, and by refusing to reinstate those strikers. Pursuant to these findings, the Board ordered the Company to bargain collectively with the Marine Cooks, to cease and desist from refusing to make proposals or counterproposals on hiring procedures and union security, to reinstate the unfair-labor-practiee strikers, and to post notices and preserve evidence of compliance. The Board’s decision is reported at 219 N.L.R.B. No. 134, 90 L.R.R.M. 1017 (1975). We have jurisdiction under §§ 10(e) and (f) of the Act, 29 U.S.C. § 160 (e) and (f), and we hold that the Board’s order must be enforced.

I. BACKGROUND

The bargaining which is the subject of this litigation was the…