– Re: MOBILITY & the Right of Exclusion
In Reply To
In a RTW State wherein Federal Pre-Emption operates as a waiver under the Tenth Amendment, Workers & Employees are free to be employed, or work anywhere they so choose, without exception, thus – the UBCJA signatory General Contractors or Subcontractors conducting their Union operations in any of the 22-Right to Work States, where a Union Security Clause is of no force or effect, in such States, the Mobility Clause would fall under the respective State Law.
In a Non-Right to Work State such as New York and the remaining 27-non RTW States, and as here applicable to NYCDCC Union Carpenters & all other Trade Unions operating Exclusive or Non-Exclusive Hiring Halls (re: Employer Chooses, Worker or Employee Solicits or Union Hiring Hall(s) select candidates for employment), the intangible property right of exclusion, to the defined geographical jurisdiction becomes effective, or operative.
After all other factors are properly weighed and compliance is had, the Locals are thus free to enforce the right of exclusion limiting this to the defined geographical jurisdiction, to the benefit of their properly indentured workers and employees; and, are free to employ their members first, all members – to the exclusion of all others.
The exclusion principle includes, Non-Union Workers, UBC Union Travelers – whether inter-state or intra-state, 1099 Independent Contractors, Cash Workers and Illegal Aliens/ Undocumented Workers & any others working off the books.
The NLRB Board, the UBCJA or their 36-subordinate Regional or District Councils cannot usurp the Congressional Authority to legislate. The UBC Constitution & Bylaws have been ruled “facially unlawful” as per slip opinion No. 354-122 Carpenters Local 43 (McDowell Building & Foundation) and Kevin Lebovitz dated 12-31-09. The union-security clause explicitly requires compliance with the Union’s constitution and bylaws, a requirement which violates Section 8(b)(1)(A). See Stackhouse Oldsmobile, Inc. v. NLRB, 330 F.2d 559, 560 (6th Cir. 1964) (finding that employer did not violate the Act by refusing to sign a collective-bargaining agreement in which the union-security clause unlawfully required compliance with the union’s constitution and bylaws)
Even when illegal provisions within both documents are properly severed and they are then deemed to be in compliance with all mandates and requirements of law – the UBC Constitution & By-Laws do not supersede or usurp Congressional authority legislate.
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