29-RC-011164 (N.L.R.B. Oct. 26, 2007)

Green Gold Development Corporation

National Labor Relations Board - Administrative Judge OpinionsOct 26, 2007

29-RC-011164 (N.L.R.B. Oct. 26, 2007)

JD(NY)–46–07 Long Island City, NY UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD DIVISION OF JUDGES NEW YORK BRANCH OFFICE GREEN GOLD DEVELOPMENT CORP. Employer and Case No. 29-RC-11164 THE SHEET ASPHALT WORKERS LOCAL UNION 1018 OF THE DISTRICT COUNCIL OF PAVERS AND ROAD BUILDERS OF THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA (“LIUNA”) Petitioner and UNITED PLANT AND PRODUCTION WORKERS, LOCAL 175, INTERNATIONAL UNION OF JOURNEYMEN AND ALLIED TRADES (“IUJAT”) Intervenor COLUMBUS CONSTRUCTION CORP. Employer and Case No. 29-RC-11200 THE SHEET ASPHALT WORKERS LOCAL UNION 1018 OF THE DISTRICT COUNCIL OF PAVERS AND ROAD BUILDERS OF THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA (“LIUNA”) Petitioner and UNITED PLANT AND PRODUCTION WORKERS, LOCAL 175, INTERNATIONAL UNION OF JOURNEYMEN AND ALLIED TRADES (“IUJAT”) Intervenor Barbara S. Mehlsack, Esq., (Gorlick, Kravitz & Listhaus, P.C.), Counsel for the Petitioner Eric B. Chaikin Esq., (Chaikin & Chaikin), Counsel for the Intervenor JD(NY)–46–07 5 10 15 20 25 30 35 40 45 50 2 DECISION ON OBJECTIONS AND CHALLENGES RAYMOND P. GREEN, Administrative Law Judge. I heard these cases on October 9 and 11, 2007. 1 The petition in Green Gold Development Corp., (Case No. 29-RC-11164), was filed on June 30, 2005 by Local 1018. Local 175 intervened based on a showing of interest. Pursuant to a Decision and Direction of Election issued on October 19, 2006, an election was conducted on January 18, 2007 in the following unit. All full-time and regular part-time workers who primarily perform asphalt paving, including foremen, rakers, screenmen, micro-pavers, AC paintmen, liquid tar workers, landscape planting and maintenance/fence installers, play equipment/safety surface installers, slurry/seal coaters, shovelers, line striping installers, and small equipment operators employed by the Employer who work primarily in the five boroughs of New York City, but excluding gall employees who primarily perform the laying of concrete, concrete curb setting work, or block work, and/or who are currently represented by the Highway, Road and Street Construction Laborers Local Union 1010 of the District Council of Pavers and Road Builders, Laborers International Union of North America, or by Highway, Road and Street Construction Laborers, a Division of Amalgamated Local Union 450A and excluding clerical employees, guards and supervisors as defined in Section 2(11) of the Act. The Corrected Tally of Ballots showed that of about 8 eligible voters, 6 cast votes for Local 1018, 1 cast a vote for Local 175, zero were cast against union representation and there were no challenged ballots. Accordingly, a majority of the valid votes counted has been cast for Local 1018. Local 175 filed Objections on January 24 and 2007. At the hearing, Local 175 withdrew all of its outstanding objections.2 As a consequence, this case should be remanded to the Regional Director for the purpose of issuing a Certification of Representative in favor of The Sheet Asphalt Workers Local Union 1018 of the District Council of Pavers and Road Builders of the Laborers’ International Union of North America, (“LIUNA”). The petition in Columbus Construction Corp., (Case No. 29-RC-11200), was filed on June 30, 2006 by Local 1018. Local 175 intervened based on a showing of interest. Pursuant to a Stipulated Election Agreement approved on November 7, 2006, an election was held on January 18, 2007. The unit was the same as described above. 1 These cases had originally been consolidated for hearing with cases involving three other Employers and the same unions. These were New York Paving, Inc., 29-RC-11133; VNA Utility Contracting Company Inc., 29-RC-11177 and Gazebo Contracting, Inc., 29-RC-11169. All parties in those three cases stipulated and resolved all outstanding challenge and objection issues. Accordingly, the Region, with my approval, severed those cases from the remaining cases and either issued or will immanently issue appropriate Certifications. 2 By Order dated October 10, 2007, the Board denied Local 175’s request for review of the Regional Director’s decision to overrule Local 175’s Objections 2 and 3. JD(NY)–46–07 5 10 15 20 25 30 35 40 45 50 3 The Tally of Ballots showed that of about 34 eligible voters, 2 cast votes for Local 1018, 8 cast votes for Local 175, zero cast votes against any union representation and 7 votes were challenged. The challenges were sufficient to affect the outcome of the election. On January 24 and 25, 2007, Local 1018 and Local 175 filed objections to the election. At the hearing, both unions withdrew all of their Objections. Also at the hearing, both unions stipulated, based on a review of the Employer’s records that had been subpoenaed, that Robert Lecrichia, Joseph Vitalli, Nicholas Cacace, Lulzim Borova and Carmelo Portera were not eligible to vote. Accordingly, their votes should remain unopened and uncounted. Both unions, based on reviewing the employer’s records, also stipulated that Mike Bartilucci and Glen Patrick were eligible to vote. However, because of the resolution of the other challenged votes, the votes of Bartilucci and Patrick are not determinative of the outcome of the election. Therefore, their votes should also remain unopened and uncounted. As a consequence, Case No. 29-RC-11200 should be remanded to the Regional Director for the purpose of issuing a Certification of Representative in favor of United Plant and Production Workers, Local 175, International Union of Journeymen and Allied Trades (“IUJAT”). Accordingly, based on the above, I hereby make the following Conclusions of Law In Green Gold Development Corp., (Case No. 29-RC-11164), all objections having been withdrawn, the case should be remanded to the Regional Director for the purpose of issuing a Certification of Representative in favor of The Sheet Asphalt Workers Local Union 1018 of the District Council of Pavers and Road Builders of the Laborers’ International Union of North America, (“LIUNA”). In Columbus Construction Corp., (Case No. 29-RC-11200), (a) Robert Lecrichia, Joseph Vitalli, Nicholas Cacace, Lulzim Borova and Carmelo Portera were not eligible to vote and their votes should remain unopened and uncounted. (b) Mike Bartilucci and Glen Patrick were eligible to vote. But because their votes were not determinative of the outcome of the election, their votes should remain unopened and uncounted. (c) All objections having been withdrawn and challenged ballots not being sufficient in number to affect the outcome of the election, Case No. 29-RC-11200 should be remanded to the Regional Director for the purpose of issuing a Certification of Representative in favor of United Plant and Production Workers, Local 175, International Union of Journeymen and Allied Trades (“IUJAT”). JD(NY)–46–07 5 10 15 20 25 30 35 40 45 50 4 ORDER Based on the above, this case should be remanded to the Regional Director of Region 29 who should issue a revised Tally of Ballots in the case of Columbus and Certifications consistent with the Conclusions stated above.3 Dated at Washington D.C. October 26, 2007 __________________ Raymond P. Green Administrative Law Judge 3 Under the provisions of Section 102.69 of the Board’s Rules and Regulations, Exceptions to this Report may be filed with the Board in Washington, DC within 14 days from the date of the issuance of this Report and recommendations. Exceptions must be received by the Board in Washington by November 9, 2007.