Extract
J-H Electric, 690 (1969)
K. Jacobson & R. Haberman d/b/a J- H Electric and International Brotherhood of Electrical Workers,
Local Union No. 68, AFL-CIO. Case 27-CA-2562September 29, 1969 DECISION AND ORDERBY CHAIRMAN MCCULLOCH AND MEMBERSJENKINS AND ZAGORIAOn February 18, 1969, Trial Examiner Fannie M.Boyls issued her Decision in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged in the complaint and recommending dismissal of the complaint in its entirety, as set forth in the attached Trial Examiner's Decision. Therafter, the General Counsel filed exceptions to the Trial Examiner's Decision together with a supporting brief, and the Respondent filed cross-exceptions to the Trial Examiner's Decision and a supporting and answering brief.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connections with this case to a three-member panel.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions, cross-exceptions and briefs, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner only insofar as they are consistent with the following.The record shows that prior to 1965, the charging local represented employees working in the electrical contracting industry in some 21 counties in the northeast section of Colorado. This geographical area contained the counties of Weld and Larimer, which, until 1965, were covered by a separate collective-bargaining agreements from that which was applicable to some 19 other counties.Throughout the 21-county area, during this period of time, the employers covered by contracts with the Union were represented by the National Electrical Contractors Association.' The Respondent Company participated in such negotiations as a part of the Weld County bargaining committee, and abided by the contract covering Weld County.On June 16, 1965, the Weld County contractors and the Union commenced negotiations for a new contract. The parties discussed the question of whether the Weld County agreement should be continued, or whether exceptions to the broad area agreement should be executed.' On July 27, 1965, 'Hereinafter referred to as the NECA NECA advised the Union that the Weld County contractors had adopted the Union's proposal to include Weld County in the area agreement, except for certain clauses, among which was the retention of the same wage rates enumerated in the old Weld County agreement. Thereafter, on September 15, 1965, the NECA and the Union signed two agreements. In the first, entitled 'Cancellation Agreement', NECA and the Union agreed that as of October 1, 1965, the current Weld County agreement would be null and void and that the terms and conditions of employment in the Weld County geographical area would thenceforth be covered by the area agreement between the parties dated November 23, 1959 (the Denver agreement, as amended). The other agreement, ...See the full content of this document
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