IBEW Local 48 (NECA)

National Labor Relations Board - Unpublished Board Decisions

Mar 26, 2009

36-CB-001798 (N.L.R.B. Mar. 26, 2009)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 48,
AFL-CIO (OREGON-COLUMBIA
CHAPTER OF NATIONAL ELECTRICAL
CONTRACTORS ASSOCIATION)
and Cases 36-CB-1798-1
36-CB-1947
PAUL FOOTLICK 36-CB-1840-1
and 36-CB-1798-2
DENNIS S. COEY
and 36-CB-1798-3
PATRICK MULCAHY
and 36-CB-1798-4
RICHARD S. SMITH
and 36-CB-1798-5
36-CB-1859
BRAD TWIGGER
and 36-CB-1798-6
TERRY TAYLOR
and 36-CB-1853
WILLIAM PERRY
2
ORDER1
Charging Party Terry Taylor's Request for Review of the
General Counsel's decision affirming the Regional Director's
compliance determination is denied. The Charging Party seeks a
review of the General Counsel’s denial of the Charging Parties’
appeals and a “fair division of the money” paid by the
Respondent pursuant to a Settlement Agreement that the parties
agreed upon following the Board’s Decision and Order in this
proceeding.2
We find that the Regional Director did not err in finding
that the Respondent has complied with its obligations in this
proceeding and that the proposed method of distribution of funds
under the terms of the settlement is fair and equitable.
Charging Party Taylor has failed to establish that the
conclusions reached by the Regional Director in the Compliance
Determination are incorrect. Thus, we conclude that there is no
basis for reversing the Regional Director's compliance

1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the
Board’s powers in anticipation of the expiration of the terms of
Members Kirsanow and Walsh on December 31, 2007. Pursuant to
this delegation, Chairman Liebman and Member Schaumber
constitute a quorum of the three-member group. As a quorum,
they have the authority to issue decisions and orders in unfair
labor practice and representation cases. See Sec. 3(b) of the
Act.
2 342 NLRB 101 (2004), modified in part at 344 NLRB 829 (2005).
3
determination.3 Accordingly, the Charging Party’s request for
review is denied.
Dated, Washington, D.C., March 26, 2009.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER

3 Chairman Liebman did not participate in the Board’s original
decision, and she dissented in part from the Order Granting in
Part and Denying in Part the Respondent’s Motion for
Reconsideration. 344 NLRB 829, 830 fn. 5 (2005). For
institutional reasons, she applies the Board’s decision as the
law of the case.