Construction & General Laborers, Local No. 304, Laborers' International Union of North America, AFL-CIO (Associated General Contractors of California, Inc. and Bay Counties General Contractors Association), 602 (1982)

Extract

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Construction & General Laborers, Local No. 304, Laborers' International Union of North America, AFL-CIO (Associated General Contractors of California, Inc. and Bay Counties General Contractors Association), 602 (1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Construction & General Laborers, Local No. 304,

Laborers' International Union of North America, AF-CIO (Associated General Contractors of California, Inc. and Bay Counties General Contractors Association) and Juan Vazquez.

Case 32-CB-998

December 3, 1982 DECISION AND ORDER

BY CHAIRMAN VAN DE WATER AND

MEMBERS FANNING AND HUNTER

On March 2, 1982, Administrative Law Judge Timothy D. Nelson issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting 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 authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions' of the Administrative Law Judge and to adopt his recommended Order, as modified herein. 2

We adopt the Administrative Law Judge's conclusion that Respondent violated Section 8(b)(2) of the Act by refusing to dispatch Juan Vazquez on May 6, 1981, to a job for which he was otherwise eligible and qualified to fill because he had not completed and turned in a hiring hall registration form containing waiver-of-suit language which violated Section 8(b)(1)(A) of the Act. In so doing, we note that the Administrative Law Judge found that, although Vega, Respondent's dispatcher, did not dispatch Vazquez to the job because Vazquez had failed to complete and submit the 'qualifications' portion of the form, Respondent's failure specifically to advise him that he need not execute the waiver-of-suit portion of the form in order to receive a dispatch necessarily had the foreseeable effect of discouraging him from completing and submitting the form at all. The Administratrive Law Judge further found that as a result of Respondent's failure to clarify the situation Vazquez was confused as to whether Respondent was re' In adopting the Administrative Law Judge's conclusion that Respondent's use of registration forms containing waiver-of-suit language violated Sec. 8(bXIXA) of the Act, we find it unnecessary to pass on his alternative rationale that the use of the forms violated Respondent's duty of fair representation.

I We shall modify the Administrative Law Judge's recommended Order to provide, inter alia, for the inclusion of general cease-and-desist language and to conform to our usual remedy in cases involving a union's refusal to refer an employee to employment in violation of Sec.

8(bXIXA) and (2) of the Act. See Iron Workers Local 118, International Association of Bridge and Structural Ironworkers, AFL-CIO (Pittsburgh Des Moines Steel Company), 257 NLRB 564 (1981).

265 NLRB No. 72 quiring him to execute the waiver, and that Vazquez in fact did not submit the form at all on May 5 because he believed, albeit mista...

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