Maitre'D Restaurant

National Labor Relations Board - Board DecisionsJan 20, 1964

145 N.L.R.B. 1161 (N.L.R.B. 1964)

MAITRE'D RESTAURANT 1161 Every employee must be on one side or the other-YOU CAN NOT STRADDLE THE FENCE-either you are for the company or for the unions. The unions have no magic power to make the company do anything. Don't be misled by wild claims which can never be met. Decide NOW to vote against both unions to rid yourself and your family of probable trouble, the possibility of strikes, and increased deduc- tions from your pay check. Sincerely yours, (S) Raymond W. Oeland, RAYMOND W. OELAND, President. APPENDIX D NOTICE TO ALL EMPLOYEES Pursuant to a Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Rela- tions Act, as amended, we hereby notify our employees that: WE WILL NOT discharge or take any other discriminatory action against any employee because he is a member of or supports Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local No. 103, or any other labor union. WE WLL NOT threaten our employees with loss of Christmas bonuses and vacation pay if they join a union or if a union should win an election. WE WILL offer to Santos Valdez immediate and full reinstatement to his former or substantially equivalent position, without prejudice to his seniority and other rights and we will make him whole for any loss of pay he may have suffered by reason of the discrimination against him. All our employees have the right to form, join, or assist any labor union, or not to do so. WE WLL NOT interfere with, restrain, or coerce our employees in the exercise of these rights. THE BAMA COMPANY, Employer. Dated------------------- By------------------------------------------- (Representative) (Title) NoTE.-We will notify the above-named employee if presently serving in the Armed Forces of the United States of his right to full reinstatement upon applica- tion in accordance with the Selective Service Act and the Universal Military Train- ing and Service Act of 1948, as amended, after discharge from the Armed Forces. This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, 6617 Fed- eral Office Building, 515 Rusk Avenue, Houston 2, Texas, Telephone No. Capitol 8-0611, Extension 271, if they have any question concerning this notice or com- pliance with its provisions. Maitre 'D Restaurant and Philadelphia Local Joint Executive Board , affiliated with Hotel and Restaurant and Bartenders International Union , AFL-CIO. Case No. A0-65. January 00, 1964 ORDER DISMISSING PETITION FOR ADVISORY OPINION This is a petition filed on November 12, 1963 , by Philadelphia Local Joint Executive Board , affiliated with Hotel and Restaurant and Bar- tenders International Union, AFL-CIO , herein called Petitioner, pursuant to Section 102.98 and 102.99 of the National Labor Rela- tions Board's Rules and Regulations, Series 8, as amended , request- 145 NLRB No. 114. 1162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing an Advisory Opinion with respect to the jurisdictional issue raised in the equity proceedings (Docket No. 63-9331) instituted by Maitre'D Restaurant, herein called Employer, before the Court of Common Pleas in Montgomery County, Pennsylvania, and in the representa- tion proceeding (Case No. 94, year of 1963) filed by the Petitioner before the Pennsylvania Labor Relations Board. On November 27, 1963, the Employer filed an Answer to Petition for Advisory Opinion. Thereafter, on December 5, 1963, Bernard Samoff, Regional Director for the Fourth Region of the National Labor Relations Board, herein called Regional Director, filed a Mo- tion To Intervene setting forth jurisdictional facts developed in the course of his investigation of the Petitioner's representation petition in Case No. 4-RC-5416, and of the unfair labor practice charges in Cases Nos. 4-CA-2959 and 4-CA-3010 filed by the Petitioner against the Employer.' On December 16, 1963, the Petitioner filed an An- swer to Regional Director's Statement of Jurisdictional Facts. The motion of the Regional Director to intervene herein is hereby granted. The Board has duly considered the petition, the intervention, and the answers thereto submitted herein. Our Rules and Regulations governing Advisory Opinion procedures were formulated after the Landrum-Griffin amendments of 1959 to inform State courts and agencies whether the Board in given circumstances would assert jurisdiction under its discretionary commerce standards and thus aid them in determining their own jurisdiction.2 But where, as here, a statutory representation proceeding instituted before the Board has advanced to a formal stage where a binding adjudication of the juris- dictional issue can be obtained from the Board within the frame- work of that proceeding, and no other considerations suggesting an urgent need for earlier Board determination of the jurisdictional question alone are brought to the Board's attention, the underlying purpose of the Advisory Opinion procedures is better served, and without unnecessary duplication and possible confusion, if the Board follows the practice of confining itself solely to the disposition of the statutory proceeding. For these reasons, we shall dismiss the petition for Advisory Opinion herein. ACCORDINGLY, IT IS HEREBY ORDERED that, for the reasons set out above, the petition for Advisory Opinion herein be, and it hereby is, dismissed. 'The election in Case No. 4-RC-5416, directed by the Regional Director on May 20, 1963, was conducted on June 18 , 1963, and subsequently set aside by the Regional Director on July 26 , 1963. Further processing of Case No 4-RC-5416 has been deferred pending disposition of the instant Advisory Opinion proceeding The unfair labor practice charges in Cases Nos. 4-CA-2959 and 4-CA-3010 were settled by the settlement agreement of August 30 , 1963 , signed by the Employer and approved by the Regional Director, who, on October 31, 1963; closed the matter. 2 See City Line Open Hearth, Inc.. 141 NLRB 799.