http://www.nlrb.gov/case/21-CA-037649This is "RAYMOND INTERIORS" the base chain in the progeny of this case. It is the lead example of the UBC's raiding efforts of other Trades.
All UBC Brothers, legal beagles & everyone else should read these briefs & then you will comprehend what the UBC is about, how this ties directly to what is ongoing in KC & the Pacific Northwest Regional Councils (skills forms, Senior Drywall Utility Worker for 60% of the Journeman Rate) etc.
Currently, per conversation with Jill Griffin, the case is held in abeyance.
The UBC's base argument is in the 9(a) to 8(f) conversion scenario. What they did, which is illegal, is execute a secret/backdoor confidentiality agreement with the Owner of Raymond Interiors to convert the Tapers to UBC Carpenters and presented it to the Company Men as a fait accompli (done deal).
They failed to initiate talks with the Painters Union, or to bargain to Impasse with them while the Painters Contract was being negotiated, and via NLRB Board precedent, Appellate & Sup. Ct. precedent the painters contract (like ours) is automatically extended for 12-months.
The UBC is doing this for one reason - to avoid having & holding a "representation election" for those previously excluded (historically) from the craft/trade unit. This is a representation issue & it follows an entirely different line of precedent case-law at all levels and also falls under the Accretion Doctrine. The Companys attorneys presented the least favorable argument, the painters was not much better - enter DeCarlo-Shanley (same firm as here in NYC) who made a slightly better overall argument.
None are factually based on the particulars in the case, just more semantics, legal manuevering, chicanery, lies (usual daily agenda of UBC) and it seems to me that it cannot and will not pass muster at the Supreme Court level if they decide to hear the case. Make no mistake about it - here, the UBC & McCarron are hoping & praying they get this one in, so they can walk away with a landmark precedent case & use it as a Template in having the Supreme Court give them the stamp of approval for continued Trade Raiding nationwide. respectourcrafts - better step up, get aboard, file an amici on behalf of other building trades