National Labor Relations Board v. Local Joint Executive Board of Hotel & Restaurant Employees

This is a petition by the National Labor Relations Board 1 for enforcement of its order 2 issued against respondents pursuant to Section 10(e) of the National Labor Relations Act, as amended ( 61 Stat. 136 , 73 Stat. 59 , 29 U.S.C.A. § 151 et seq.) This court has jurisdiction by virtue of the unfair labor practices having occurred in Long Beach, California.

Because one of the grounds of appeal is alleged insufficient evidence, we state the evidence in some detail. In early 1959, Crown Cafeteria, a partnership, 3 was operating a cafeteria in Pasadena, California, and began remodeling a site for a second cafeteria in Long Beach, California. On about April 16, 1959, before Crown had begun hiring employees for its new Long Beach cafeteria, one Clayton Smith, Director of Organization for respondent, visited Crown’s Long Beach site and left a copy-of the Union’s contract for one Leonard Smitley, Crown’s managing partner, The contract contained a compulsory hiring clause, which required among other things that all employees of an employer who signed the contract must join the Union within thirty-one days of their employment.

. +0n aboat ^IayT1 2’ 19J9> ^gamzer Smith returned to the…