Carpenters Local 1476 (Lake Charles AGC), 1432 (1984)

National Labor Relations Board

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Carpenters Local 1476 (Lake Charles AGC), 1432 (1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

United Brotherhood of Carpenters & Joiners of America, Millwrights Local Union No. 1476 of Lake Charles, Louisiana and Lake Charles District, Associated General Contractors of Louisiana, Inc. Case 15-CB-2667

27 June 1984 DECISION AND ORDER

BY CHAIRMAN DOTSON AND MEMBERS

ZIMMERMAN AND HUNTER

On 28 September 1983 Administrative Law Judge Howard I. Grossman issued the attached decision. The Respondent filed exceptions and a supporting brief' and the Charging Party filed a brief in response.

The National Labor Relations Board has delegated its authority in this proceeding to a threemember 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, 2 and conclusions as modified and to adopt the recommended Order as modified.

Although we agree with the judge that the Respondent violated Section 8(b)(3) of the Act, we do so only for the reasons set forth below.

The Respondent and the Charging Party participated in five bargaining sessions during the spring and summer of 1982 in an attempt to negotiate a new collective-bargaining agreement. Their most recent contract had expired on 30 April 1982. The judge found that at the fifth session on 1 July the parties reached an agreement on the reporting time and minimum pay provision of a new contract. The judge also found that on 23 August the parties reached agreement on an entire contract which, when printed, erroneously omitted the weather clause contained in the 1 July reporting time and minimum pay proposal.3

The judge concluded that The Respondent has moved to dismiss the complaint on the ground that the matter is now moot by virtue of subsequent negotiations between the parties. The General Counsel has opposed the motion. The parties' signing of a negotiated...

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