Laborers Local 113 (Super Excavators), 113 (1998)

National Labor Relations Board

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Laborers Local 113 (Super Excavators), 113 (1998)

Laborers' International Union of North America, Local No. 113, AFL-CIO and Super Excavators, Inc. and International Union of Operating Engineers, Local No. 139, AFL-CIO. Case 30-CD- 158

October 30, 1998

DECISION AND DETERMINATION OF DISPUTE BY MEMBERS FOX, LIEBMAN, AND HURTGEN The charge in this Section 10(k) proceeding was filed on March 2, 1998, by the Employer, alleging that the Respondent, Laborers' International Union of North America, Local No. 113, AFL-CIO, violated Section 8(b)(4)(D) of the National Labor Relations Act by engaging in proscribed activity with an object of forcing the Employer not to reassign certain work from employees it represents, who were then performing the work, to employees represented by International Union of Operating Engineers, Local No. 139, AFL-CIO. The hearing was held on April 7, 1998, before Hearing Officer Stephen J. Schultz.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board affirms the hearing officer's rulings, finding them free from prejudicial error. On the entire record, the Board makes the following findings.

I. JURISDICTION

The Employer, a Wisconsin ...

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