San Francisco Local Joint Executive Board of Culinary Workers, Bartenders, Hotel, Motel, and Club Service Workers

National Labor Relations Board - Board Decisions

Mar 23, 1973

202 N.L.R.B. 726 (N.L.R.B. 1973)

726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
San Francisco Local Joint Executive Board of Culinary
Workers , Bartenders, Hotel , Motel and Club
Service Workers, AFL-CIO; Waiters and Dairy
Lunchmen 's Union, Local No. 30; Bartenders'
Union Local No. 41 ; Cooks, Pastry Cooks &
Assistants' Union, Local No. 44 ; Waitresses &
Cafeteria Employees Union , Local No . 48; Miscel-
laneous Culinary Employees Union , Local No. 110;
and Hotel , Motel, Club, Office & Service Workers
Union Local No. 283 and Associated Union Street
Restaurants . Case 20-CP-417
March 23, 1973
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
On January 4, 1973, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding,' finding that the Respondent
had committed violations of the National Labor
Relations Act, as amended, within the meaning of
Section 8(b)(7)(B) and ordering that the Respondent
cease and desist therefrom and take certain affirma-
tive action. Thereafter, Respondent filed a petition
for reconsideration which, inter alia, requests that the
Board rescind the broad order issued in the above
case.
The Board has again reviewed the entire record in
this case, including Respondent's petition, and has
decided to affirm its original Decision for the reasons
hereinafter set forth.
The main issue2 now before us is whether the
broad order which we issued herein is justified.
"[W ]e have long held, with court approval, that a
broad remedial order is appropriate whenever a
proclivity to violate the Act is established, either by
201 NLRB No 15
z We find no merit in Respondent's request that we reconsider our
decision to assert jurisdiction over the association
the facts within a particular case, or by prior Board
decisions against the respondent at bar based upon
similar unlawful conduct in the past." (Fns. omit-
ted.)3 In the present case, Respondent was found to
have engaged in unlawful picketing at The Cooper-
age and The Vinter, restaurants located on Union
Street in San Francisco, in contravention of Section
8(b)(7)(B) of the Act. We also note that Respondent
was just recently found to have violated the same
section of the Act by its unlawful picketing at Coffee
Cantata, Ltd., another restaurant on Union Street.4
Moreover, the record in the instant case discloses an
alleged plan by Respondent to organize all the
restaurants on Union Street. Indeed, the record
discloses that Respondent was picketing other
restaurants in the area at the time it was picketing the
restaurants herein. Considering all the circumstances,
we firmly believe that Respondent's proclivity to
violate the Act in this regard has been well
established and we shall, therefore, affirm our
original Decision and Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby affirms its Order previously
issued herein and orders that the Respondent, San
Francisco Local Joint Executive Board of Culinary
Workers, Bartenders, Hotel, Motel and Club Service
Workers, AFL-CIO; Waiters and Dairy Lunchmen's
Union, Local No. 30; Bartenders' Union, Local No.
41; Cooks, Pastry Cooks & Assistants' Union, Local
No. 44; Waitresses & Cafeteria Employees Union,
Local No. 48; Miscellaneous Culinary Employees
Union, Local No. 110; and Hotel, Motel, Club,
Office & Service Workers Union Local No. 283, their
officers, agents, and representatives, shall take the
action set forth in the Board's previous Decision.
3 H A Carney and David Thompson, Partners, d/b/a C & T Trucking Co,
191 NLRB No 2, and cases cited therein
4 196 NLRB No 88
202 NLRB No. 108