Carpenters Local 608, United Brotherhood of Carpenters and Joiners of America, AFL-CIO (Various Employers) and John Harte and Franklin McMurray and Eugene Clarke. Cases 2-CB-9767, 2-CB-9811, and 2-CB-9812
30 April 1986
VOL 279 NLRB No. 99; pg's. 747-749 excerpts:
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS DENNIS AND JOHANSEN
On 26 March 1985 Administrative Law Judge Steven B. Fish issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel filed exceptions and a supporting brief. The National Labor Relations Board has delegated its authority in this proceeding to a three member panel.
The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings, and conclusions and to adopt the recommended Order as modified.I....
ALJ - Stephen B. Fish
A hearing was held before me with respect to the allegations in the complaint in New York, New York, on December 12, 20, 21, and 22, 1983, and April 10 and 11, 1984. Briefs have been received from Respondent and the General Counsel and have been duly considered. On the entire record,4 including my observation of the demeanor of the witnesses, I make the following
FINDINGS OF FACT1. JURISDICTIONBuilding Contractors Association Inc. (BCA) and the Cement League (the Associations) are associations of employers engaged in the construction and building trades
, and which exist for the purposes of representing their employer-members in collective bargaining and negotiating and administering collective-bargaining agreements
with labor organizations, including the District Council of New York and Vicinity of the United Brotherhood of Carpenters and Joiners of America (District Council and Respondent).
Annually, the employer-members of each of the Associations, in the course of their business operations, collectively purchase goods and materials valued in excess of
$50,000 directly from firms located outside the States wherein the employer-members are located. It is admitted and I find that each of the Associations and their respective employer-members are now, and have been at all times material herein, employers engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
It is also admitted and I so find that Respondent is now, and has been at all times material herein a labor organization within the meaning of Section 2(5) of the Act.
II. FACTSA. Respondent's Hiring Hall ProceduresAt all times material herein, Respondent has been a constituent member of the District Council, which includes all Local Carpenter Unions within the city of New York.
For a number of years Respondent, as a constituent member of the District Council, was a party to a series of collective-bargaining agreements with the various Associations covering employees falling within the jurisdiction of Respondent. A collective-bargaining agreement running from July 1, 1981, to June 30, 1984, was executed by the parties, and was binding on and enforced and maintained by Respondent during this period of time.
Article VI, section 2, of the agreement provides:The first Carpenter on the jobsite shall be referred by the Union. The Second Carpenter shall be the Employer's selection. The balance shall be 50% from the Union and 50% from the Employer.
The Union will cooperate, in order to meet all legal requirements, and furnish qualified Carpenters when requested. A working Job Steward shall be appointed by the Union.
When an Employer, in compliance with this Section, requests the District Council to send men to a job, the District Council shall cooperate by sending only such as are experienced in the specific type of carpentry work being done on the said job by that Employer. There shall be no discrimination of any kind against any person covered by this agreement, based on race, religion, age, sex, national orgin or Union affiliation with respect to hiring, firing, or any other conditions of employment.Article VII, entitled "Job Referral System," provides that:
In the referral of applicants by the Union for employment as provided for in Article VI, Section 2, by the following provisions shall govern:
Section 1. The Union shall establish and maintain an open employment list for the employment of competent workmen.
This list shall be established and maintained on a non-discriminatory basis and shall not be based on
, or in any way affected by race, creed, color, nationality, age, sex, or Union membership, by-laws, rules, regulations, constitutional provisions of any other aspect or obligation of Union membership, policies or requirements.
And what did the UBCJA International, Judge Conboy, R.O. Dennis Walsh and the U.S. Attorney and Judge Berman do with the last Contracts (CBA's) with the corrupt Contractor Associations; with the 150+ PLA's and $5 Billion dollars in Wage & Benefit consessions (kick-backs to developers & contractor association racketeers) but base the contracts (CBA's) and 100% Full Mobility on "Union Membership, UBCJA International, Dennis Walsh & Contractor Association authored By-Laws, rules, regulations and the UBCJA's facilally unlawful Constitution & Obligation" all of which were, are and remain illegal under NLRB Board precedent, federal law and U.S. Supreme Court precedent; and for the lawyers, their sworn obligation to uphold the laws & statutes as written not as they wished them to be, and to enforce all precedents of the courts. Instead of ending racketeering, they've all willfully or unwillfully furthered it by design or by stupidity and sheer ignorance of the the laws & precedent they were sworn to uphold; or both.
All criminal suspects are innocent until proven guilty in a court of law; or are they?