Extract
Cobb Mechanical Contractors, Inc., 1028 (2004)
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Cobb Mechanical Contractors, Inc. and United Association of Plumbers and Pipefitters, Local Union No. 196, AFL-CIO. Case 16-CA-16483 May 26, 2004 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS SCHAUMBER AND WALSH I. THE ISSUES This case is before the Board on remand from the United States Court of Appeals for the District of Columbia Circuit. Cobb Mechanical Contractors, Inc. v. NLRB, 295 F.3d 1370 (D.C. Cir. 2002). Specifically, the court remanded the case to the Board for consideration of the following two issues: First, has Cobb Mechanical Contractors, Inc. (the Respondent or Cobb) established that it had a longstanding policy of not hiring a journeyman plumber for a plumber's helper position? Second, has the Respondent satisfied its burden of showing that only two union applicants would have transferred to a new Cobb project after the completion of the projects in issue? For the reasons set forth below, we answer the first question in the affirmative and the second question in the negative. II. PROCEDURAL HISTORY On April 26, 1995, Administrative Law Judge Frederick C. Herzog issued a decision in which he found that the Respondent violated Section 8(a)(3) and (1) of the National Labor Relations Act (the Act) by failing since November 1, 1993, to hire union applicants for jobs as plumbers, plumbers' helpers, and pipefitters at jobsites in Amarillo and Dalhart, Texas.1 The Respondent failed to f...See the full content of this document
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