Kiewit Puerto Rico, Inc.

National Labor Relations Board - Board Decisions

Jan 8, 1974

208 N.L.R.B. 212 (N.L.R.B. 1974)

212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Kiewit Puerto Rico , Inc. and Sindicato Empleados
Equipo Pesado, Construction Y Ramas Anexas de
Puerto Rico, Inc., Petitioner Case 24-RC-5143
January 8, 1974
DECISION ON REVIEW AND ORDER
BY CHAIRMAN MILLER AND MEMBERS KENNEDY
AND PENELLO
On September 11, 1973, the Regional Director for
Region 24 issued a Decision and Direction of
Election in the above-entitled proceeding in which he
directt:3 an election among a unit of all heavy and
light equipment operators, shop welders, mechanics,
and their respective helpers and oilers employed by
the Employer at Patillas, Puerto Rico; but excluding
all other employees, guards, and supervisors as
defined in the Act. In his Decision and Direction of
Election the Regional Director rejected the Employ-
er's and Intervenor's 1 contract-bar contention on the
ground that the involved contract was executed
pursuant to Section 8(f) of the Act. Thereafter, in
accordance with Section 102.67 of the National
Labor Relations Board's Rules and Regulations,
Series 8, as amended, the Employer filed a timely
request for review of the Regional Director's Deci-
sion on the grounds that a substantial question of law
is raised because of the departure from officially
reported Board precedent.
By telegraphic order dated October 17, 1973, the
National Labor Relations Board granted the Em-
ployer's request for review and stayed the election
pending decision on review.
Pursuant to the provisions of Section 3(b) of the
I Federacion de Empleados de Comercio y Ramas Anexas de Puerto
Rico, Inc
2 Generally speaking Sec 8 (f) of the Act sanctions the execution of
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 entire record in this
case with respect to the issues under review and finds
as follows:
The Employer is a Delaware corporation engaged
in the construction industry within the Common-
wealth of Puerto Rico. In early June 1973, the
Employer commenced construction of the Patillas
Dam Spillway Replacement Project. On June 27,
1973, negotiations for a labor agreement were
commenced by the Employer and a representative of
the Intervenor. After several bargaining sessions, a 3-
year agreement was executed on July 12, 1973.
The record shows that as of the date of the
execution of this contract the Employer had a work
complement of 11 employees filling 8 different job
classifications, and that as of the date of the hearing
herein there were 15 employees in approximately 10
classifications.
In these circumstances, we find no warrant for the
Regional Director's conclusion that the involved
contract was executed pursuant to Section 8(f) of the
Act and therefore no bar to the instant petition.2
Accordingly, we find, in accordance with established
Board policy, that the involved contract, executed at
a time when the Employer had a substantial and
representative work complement, bars the instant
petition and we shall therefore dismiss it.
ORDER
It is hereby ordered that the petition herein be, and
it hereby is, dismissed.
prehire contracts in the construction industry but provides that such a
contract does not bar a petition filed pursuant to Sec 9(c) of the Act
208 NLRB No. 38