Electrical Workers Local 48 (Kingston Constructors)

National Labor Relations Board - Board Decisions

Apr 13, 2001

333 N.L.R.B. 963 (N.L.R.B. 2001)

ELECTRICAL WORKERS LOCAL 48 (KINGSTON CONSTRUCTORS) 963
International Brotherhood of Electrical Workers,
Local 48, AFL–CIO (Kingston Constructors,
Inc.) and Patrick Mulcahy. Case 36–CB–2052
April 13, 2001
ORDER GRANTING MOTION
BY CHAIRMAN TRUESDALE AND MEMBERS
LIEBMAN AND HURTGEN
On December 15, 2000, the National Labor Relations
Board issued its decision in the captioned case.1 The
Board found that the Respondent, International Brother-
hood of Electrical Workers, Local 48, AFL–CIO, vio-
lated Section 8(b)(1)(A) of the Act by threatening to
have the Charging Party and other employees discharged
pursuant to the union-security provision of the Union’s
collective-bargaining agreement if they did not pay dues
to support the Union’s market recovery program (MRP)
that were owing from their employment on projects cov-
ered by the Davis-Bacon Act.2 The Board ordered the
Union to reimburse the affected employees for MRP
dues they paid as a result of the unlawful threats.
On February 6, 2001, the General Counsel filed a mo-
tion for clarification. The General Counsel asks the
Board to modify its Order in three respects: (1) by requir-
ing the Union to furnish to the Region records, including
any stored in electronic form, necessary to enable the
Region to identify employees who are entitled to reim-
bursement; (2) by requiring the Union to give the Region
signed copies of the notice for posting by employers, if
they are willing; and (3) by amending the notice to read
“Notice to Employees and Members” instead of “Notice
to Employees.”
The modifications to the Order and notice which the
General Counsel requests are consistent with the Board’s
usual remedies, and their omission was inadvertent.3
Accordingly, and in the absence of opposition, we shall
grant the motion.
ORDER
The General Counsel’s motion for clarification is
granted. Accordingly, the Board’s Order in the underly-
ing Decision (332 NLRB No. 161) is modified, and the
Respondent, International Brotherhood of Electrical
Workers, Local 48, AFL–CIO, its officers, agents, and
representatives, shall take the actions specified in the
Order as modified.

1 332 NLRB No. 161.
2 40 U.S.C. § 276a et seq.
3 Member Liebman did not participate in the underlying decision,
and she expresses no view as to whether it was correctly decided. She
agrees with her colleagues, however, that the modifications requested
by the General Counsel are appropriate for the violation found.
1. Insert the following as paragraph 2(b) and reletter
the subsequent paragraph.
“(b) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all records necessary to analyze the amounts of
dues to be refunded under the terms of this Order. Re-
cords that are stored in electronic form should be fur-
nished in that form.”
2. Insert the following as paragraph 2(d) and reletter
the subsequent paragraph.
“(d) Sign and return to the Regional Director copies of
the notice for posting by employers, if willing, who are
signatory to the collective-bargaining agreement with the
Respondent, at all places where notices to employees are
customarily posted.”
3. Substitute the attached notice for that which issued
on December 15, 2000.

APPENDIX
NOTICE TO EMPLOYEES AND 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 vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protection
To choose not to engage in any of these protected
concerted activities.

WE WILL NOT threaten employees with termination
if they fail to make payments to support the market re-
covery program (MRP) arising from their employment
on projects subject to the Davis-Bacon Act, 40 U.S.C. §
276a, et seq.
WE WILL NOT in any like or related manner restrain
or coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act.
WE WILL reimburse Patrick Mulcahy and any other
employees who, during the period covered by the com-
plaint, paid MRP dues arising from their employment on
Davis-Bacon jobs as a result of our threats to have them
terminated pursuant to the collective-bargaining agree-
ment if they did not comply with our demands.

333 NLRB No. 122
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 964
INTERNATIONAL BROTHERHOOD OF
ELECTRI-CAL WORKERS, LOCAL 48,
AFL–CIO