National Labor Relations Board v. Scientific Nutrition Corp.
Opinion
Lead Opinion
Healy, J.
This case is in certain aspects a companion case to N. L. R. B. v. C. W. Hume Co., 9 Cir., 180 F.2d 445 , and N. L. R. B. v. Flotill Products, Inc., 9 Cir., 180 F.2d 441 .
The respondent, Scientific Nutrition Corporation, carried on its cannery business under the name of its predecessor Capolino Packing Corporation, and will be referred to in this opinion as Capolino. In 1941 Capolino entered into a collective bargaining agreement with Cannery Workers Union Local 22382, a local affiliated directly with the American Federation of Labor. The union will be referred to as Local 22382. By the agreement mentioned the parties adopted the Master collective bargaining contract existing between the employers’ association, known as California Processors & Growers, Inc., and the State Council of Cannery Unions as the representative of the various AFL cannery workers’ unions in the area. Capolino was not itself a member of Processors & Growers, Inc., but was what is called an independent. In 1944 Capolino sold the plant to respondent. The latter, under the same management as before, maintained unchanged its. predecessor’s relations with Local 22382.