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Fusco on behalf of NLRB v. Richard W. Kaase Baking Co.

Fusco on behalf of NLRB v. Richard W. Kaase Baking Co.

United States District Court for the Northern District of Ohio, Eastern Division

May 23, 1962

Civ. No. C 62-261

Opinion

 [*467]  Philip Fusco, Regional Director of the Eighth Region of the National Labor Relations Board, filed a petition in this Court for and on behalf of the National Labor Relations Board, for injunctive relief. The matter is now pending final disposition before the National Labor Relations Board on a complaint filed by American Bakery & Confectionery Workers International Union, Local 219, AFL-CIO.

Petitioner alleges that the respondent, Richard W. Kaase Baking Company, of Cleveland, Ohio, has engaged in, and is engaging in, acts and conduct in violation of Sections 8(a)(1), (2), (3) and (5) of the Act, 29 U.S.C.A. § 158(a) (1-3, 5), and that the respondent Bakery & Confectionery Workers International Union of America, Local 19, Independent, has engaged in, and is engaging in, acts and conduct in violation of Section [**2]  8(b)(1)(A) and 8(b)(2) of the Act.

Petitioner is the Regional Director of the Eighth Region of the National Labor Relations Board, which will hereafter be referred to as the Board. Respondent, Richard W. Kaase Baking Company, is a company engaged in the operation of a bakery and retail stores in Cleveland, Ohio, and surrounding areas, and hereafter will be referred to as Kaase.

Respondent, Bakery & Confectionery Workers International Union of America, Local 19, Independent, is an unincorporated labor union within the meaning of the National Labor Relations Act and will hereafter be referred to as BCW Local 19.

The charging union, American Bakery & Confectionery Workers International Union, Local 219, AFL-CIO, is an unincorporated labor union within the meaning of the National Labor Relations Act and hereafter is referred to as ABC Local 219.

Petitioner states that the matter is now before the Board, and prays that pursuant to § 10(j) of the National Labor Relations Act, as amended 29 U.S.C.A. § 160(j), and pending final disposition of the case before the Board, the Court grant an injunction against the respondents enjoining and restraining Kaase in the following respects:

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205 F. Supp. 465 *; 1962 U.S. Dist. LEXIS 4324 **; 6 Fed. R. Serv. 2d (Callaghan) 13; 50 L.R.R.M. 2311; 45 Lab. Cas. (CCH) P17,694

Philip FUSCO, Regional Director of the Eighth Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. RICHARD W. KAASE BAKING CO., and Bakery & Confectionery Workers International Union of America, Local 19, Independent, Respondents

CORE TERMS

employees, unfair labor practice, injunction, termination, membership, plant, bargaining, Bakery, labor organization, reasonable cause, restraining, memorandum, notice, cards, negotiations, circumstances, proceedings, election, retail, collective bargaining agreement, bargain collectively, authorization, regular, Baking, terms, collective bargaining representative, exclusive bargaining representative, bargaining representative, expiration date, new owner

Civil Procedure, Judgments, Relief From Judgments, General Overview, Labor & Employment Law, Labor Arbitration, Judicial Review, Collective Bargaining & Labor Relations, Unfair Labor Practices, Business & Corporate Compliance, Employer Violations, Interference With Protected Activities, Right to Organize, Union Violations, Union Refusal to Bargain, Discipline, Layoffs & Terminations, Protected Activities, Administrative Law, Standards of Review, Federal Preemption, Primacy of Labor Policy, Judicial Review, Agency Adjudication, Remedies, Injunctions, Preliminary & Temporary Injunctions