Laborer's, Local No. 721, 691 (1979)

Docket Number:01-CB-04217

I.\BORIR'S. OC)(AI. NO. 721

Laborer's International l nion of North America. I.ocal No. 721 (Scaldini, Inc.) and Walter A. Willis and Bruce A. Malaguti. Cases I (B134217 and I )ecembher 4. 179

D)('ISION ANI) ORDER B5 (II IRtAN FAN\'ss(i xl) MMIB RS P \ I .N) Rt LSI)sl I Upon charges filed h Walter A. Willis on lul! 17.

1978.' in Case 1 ('B 4217 and h Bruce A. Malalguti on the same date in (ase I ('B 4218, the General Counsel of the National I.abor Relations Board. h\ the Regional D)irector fr Region I. issued all order consolidating cases. complailit, and notice of hearing on August 30, alleging that Respondent .ahborer's International Union of North America. Local No. 721, had engaged in and was engaging in unfair labor practices affecting commerce within the mea ning of' Section 8(h)(2) and (I)(A) and Section 2(6) and (7) of' the National I.abor Relations Act as amended. Respondent timel, filed an answer to the complaint denying the commission of unthir labor practices.

At a hearing before Administrative Judge George F. Mclnerney on March 19. 1979, the parties agreed to a full stipulation of facts. Subsequentl . on April 16, 1979, the parties filed a joint motion to transfer this proceeding directly to the Board for decision. The parties agreed that the stipulation ofofacts entered into bh them on March 19. 1979, together with the exhibits attached thereto, constitute the entire record in this proceeding.

On May 22. 1979, the Board issued an order approving the stipulation and transferring the proceeding to the Board. Thereafter, the General Counsel and Respondent filed briefs with the Board.

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.

Having accepted transfer of the proceeding to it.

the Board makes the following:

FINt)INGS OF FA(CT I. THE HBUSINESS OF IHE EMPI.OYER Scaldini, Inc., herein called Scaldini a Massachusetts corporation, is engaged in the business of contracting for building and construction and related services. Scaldini maintains an office and place of t All dates herein are in 1978 unless otherwise indicated business in Medford. Massachusetts. and annuallI purchases and receives directlN from suppliers located outsiIde the ('onl monv\ealth 'of\Iassac husetts goods valued in excess of $50,0()(. It is therefore found that Scaldini is.and has been at all times material herein.

an employer engaged in commerce and in operations alfectilng commerce within the meaning of Section 2() and (7) of the Act.

  1. Illl I AB()R ()R(6N/\I()N1\() I VI1I) Respondent l.aborer's International Union of N orth Aimerica, Local No. 721. is.ahnd has been at all times material herein, a labor organitatio n , tlhin the ilcaningg of'Section 25) of the ,Act.

111. lit \LI L(,1) tINI-AIR I XBiR PRA( II(I S A. Bot Aground riandl acl During February and March 1978. Scaldini as engaged in the construction of a police station in Marshfield. Massachusetts. In February. Respondent employed two laborers at the jobsite. Walter A. Willis and Bruce A. Malaguti. who were represented bh!Respondent for collective-bargaining purposes. On or about February . Respondent's business manager.

Louis Palavanchi. pursuant to the governing labor contract.2 demanded that Scaidini place on the jobsite a steward of its designationi. Scaldini replied by requesting that Respondent select either Willis or Malaguti to be steward. Palavanchi refused, telling Scaldini that neither man was acceptable. and insisted that Scaldini hire someone chosen by the Union to serve as steward. Scaldini. however, declined either to lay off Willis or Malaguti and replace one of them with a steward selected by Respondent, or to hire a third laborer for the same purpose.

On or about February 6, Palavanchi called a work stoppage at the Marshfield jobsite to protest Scaldini's failure to hire a person of Respondent's choosing to act as steward. Willis and Malaguti participated for no more than a day in the strike, which did not change Scaldini's attitude concerning Respondent's request for a steward. On the afternoon of February 6 a blizzard struck the Marshfield area, and halted work on the project until approximately February 20. When work resumed at the jobsite, Palavanchi directed Willis and Malaguti to continue the previous strike protesting Scaldini's position on hiring a ' Sec. 2. art. v. of the contract provided, n relesant part. that 'A steward shall be appointed or furnished on each project h the union represenlative of the l.ocal UInion which hs territorial jurisdiction In the area here the job is located.

246 NLRB No. 108


I)t(('ISI()NS ( NAIO()NAI lB()OR RAT()NS BOARD[ union-designated steward. However. Willis and Malaguti refused to engage in any further such work stoppage.

Shortly thereafter on February 22, Palvanchi preferred intraunion charges against Willis and Malaguti for not obeying his order to strike at the Marshfield johbsite. Respondent mailed copies of the charges to each man 6 days latter, along with letter requesting his appearance at an internal union hearing on the matter on March 13. I'he day after that hearing.

which apparently was not attended hb Willis or M alaguti, they were notified h separate letter that thex hadl been fundi guilty as charged and had beeli assessed fines in the amnount of' $320 each. Willis and Malaguti did not pas the fines and were suspended from membership in Respondent. Respondent declined to accept the tender of regular dues by either man because of' their failure to pay the fines.

On Jul 6...

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