Stone Boat Yard, 981 (1983)

Extract

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Stone Boat Yard, 981 (1983)

STONE BOAT YARD

Stone Boat Yard and United Brotherhood of Carpenters and Joiners of America, Local 1149,

AFL-CIO. Case 32-CA-3304

September 30, 1983 DECISION AND ORDER

BY CHAIRMAN VAN DE WATER AND

MEMBERS FANNING AND ZIMMFIRMAN

On January 8, 1982, Administrative Law Judge Gerald A. Wacknov issued the attached Decision in this proceeding. Thereafter, the General Counsel and the Charging Party filed exceptions and supporting briefs, and Respondent filed an 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 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 briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Iaw Judge only to the extent consistent herewith.

The complaint alleges that Respondent violated Section 8(a)(5) and (1) of the Act by unilaterally discontinuing payments to the Union's health and welfare and pension plans and by unilaterally implementing an alternative health insurance plan.

The Administrative Law Judge concluded that Respondent did not violate the Act as alleged; therefore, he dismissed the complaint in its entirety.

The relevant facts are not disputed and are set out in detail in the Administrative Law Judge's Decision. The Pacific Coast Metal Trades Master Agreement, herein called the Master Agreement, negotiated by the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and the major shipbuilding companies on the west coast, was effective July 1, 1977-June 30, 1980. Within Local 1149's jurisdiction, there are approximately eight independent boat yards-companies which are not members of the multiemployer bargaining association. These eight independents, of which Respondent is one, have always become signatories to the Master Agreement. Respondent on July 5, 1977, signed onto the Master Agreement which was to expire June 30, 1980. The 1977-80 Master Agreement required Respondent to make certain payments to the union health and welfare and pension plans. On April 15, 1980,1 the International wrote Respondent that it sought negotiations for a new agreement. On May 21, Respondent wrote the Union that it intended 'to offer substantial changes in the entire contract effective 1 July 1980.' Re' All dates hereinafter are 1980 unless otherwise ...

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