Extract
Pacific Erectors, Inc., 421 (1981)
PACIFIC ERECTORS, INC. 421
Pacific Erectors, Inc. and International Association of Bridge, Structural & Ornamental Ironworkers, Local No. 29. Case 36-CA-3159June 8, 1981 DECISION AND ORDEROn April 11, 1978, Administrative Law Judge Russell L. Stevens issued the attached Decision in this proceeding. Thereafter, Respondent and the Intervenor' filed exceptions and supporting briefs, and the Charging Party filed a brief in opposition to the exceptions by Respondent and the Intervenor.The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings,2 and conclusions of the Administrative Law Judge and to modify his remedy.3Chairman FanSheet Metal Workers International Association Local 16.2 We agree with the Administrative Law Judge that Respondent violated Sec. 8(a)(5) of the Act when it unilaterally abrogated its agreement with the Union at a time when the majority of the unit employees at the Tualatin jobsite were union members. The Board has held that an employer is not free to repudiate an 8(f) agreement where, as here, a majority of the unit employees supported the union at the time of repudiation.See, generally, N.L.R.B. v Local Union No. 103, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, et al.(Higdon Contracting Company], 434 U.S. 355 (1978).In his Decision, the Administrative Law Judge stated that Respondent should have resolved the dispute concerning its dissatisfaction with the quality of employees referred through the hiring hall 'within the confines of the existing contract,' rather than proceeding to execute a contract with the Sheet Metal Workers. Respondent points out that the Ironworkers cont...See the full content of this document
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