Laborers Local 169 (Frehner Construction Co.), 32-CB-05976, 33 (2008)

Extract

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Laborers Local 169 (Frehner Construction Co.), 32-CB-05976, 33 (2008)

Laborers’ International Union of North America, Local Union No. 169 and Frehner Construction Co., Inc. Case 32–CB–5976

February 6, 2008

DECISION AND ORDER

By Members Liebman and Schaumber

On November 16, 2006, Administrative Law Judge Burton Litvach issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel and the Charging Party filed answering briefs. The General Counsel and the Charging Party filed cross-exceptions and supporting briefs.

The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s ruling, findings,1 and conclusions and to adopt the recommended Order2 as modified and set forth in full below.3

ORDER

The National Labor Relations Board orders that the Respondent, Laborers’ International Union of North America, Local Union No. 169, Reno, Nevada, its officers, agents, and representatives, shall

1. Cease and desist from

(a) Refusing to meet and bargain with Frehner Construction Co., Inc., as the exclusive bargaining representative of the employees in the following appropriate unit:

All full-time and regular part-time laborers employed by the Employer in the State of Nevada, except Clark County, Lincoln County, the town of Tonopah, and the portions of Nye County and Esmeralda County lying south of Highway Six (U.S. 6); excluding all managers, salespersons, estimators, office clerical employees, all other employees, guards, and supervisors as defined in the Act.

(b) In any like or related manner restraining or coercing employees in the exercise of the rights guaranteed to them by Section 7 of the Act.

2. Take the following affirmative action necessary to effectuate the policies of the Act.

(a) On request, meet and bargain with Frehner Construction Co., Inc., with respect to wages, hours, and other terms and conditions of employment and, if an understanding is reached, embody the understanding in a signed agreement.

(b) Within 14 days after service by the Region, post at its union office and hiring hall facility in Reno, Nevada, copies of the attached notice marked “Appendix.”4 Copies of the notice, on forms provided by the Regional Di-

rector for Region 32, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to members are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material.

(c) Sign and return to the Regional Director sufficient copies of the notice for posting by Frehner Construction Co., Inc., if willing, at all places where notices to employees are customarily posted.

(d) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a responsible agent or representative on a form provided by the Region attesting to the steps that the Respondent has taken to comply.

APPENDIX

Notice To Members

Posted by Order of the

National Labor Relations Board

An Agency of the United States Government

The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice.

federal law gives you the right to

Form, join, or assist a union

Choose representatives to bargain on your behalf with your employer

Act together with other employees for your benefit and protection

Choose not to engage in a...

See the full content of this document

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