Master 2 Plumbing & Heating

National Labor Relations Board - Administrative Judge Opinions

Mar 6, 2007

22-CA-027350 (N.L.R.B. Mar. 6, 2007)

JD–16–07
Trenton, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVISION OF JUDGES
MASTER 2 PLUMBING & HEATING,
and Case No. 22-CA-27350
LOCAL 9, PLUMBERS AND PIPEFITTERS,
UNITED ASSOCIATION OF PLUMBERS
AND PIPEFITTERS OF U.S. AND
CANADA,
BAYVILLE HOLDING, LLC,

and Case No. 22-CA-27400

LOCAL 9, PLUMBERS AND PIPEFITTERS,
UNITED ASSOCIATION OF PLUMBERS
AND PIPEFITTERS OF U.S. AND
CANADA.
Brian Caufield, esq.,
for the General Counsel
J. Andrew Kinsey, esq.,
of Phillipsburg, New Jersey
for the Respondents
Thomas P. Tighe,
of Englishtown, New Jersey
for the Charging Party
DECISION
Statement of the Case
Eric M. Fine, Administrative Law Judge. This case was tried in Newark, New Jersey, on
December 4, 2006. The charge and amended charge in Case 22-CA-27350 were filed by Local
9, Plumbers and Pipefitters, United Association of Plumbers and Pipefitters of U.S. and Canada
(the Union or Local 9) on March 22, and May 9, 2006, respectively1 against Master 2 Plumbing
& Heating (Master 2), and the charge and amended charge in Case 22-CA-27400 were filed by
the Union against Bayville Holding, LLC (Bayville) on May 9, and June 21, respectively. The
consolidated complaint, issued on August 29, alleges that on March 14, Bayville instructed
Master 2 to discharge Master 2’s employee Joe Dill and that on that date Master 2 discharged
Dill because Dill formed, joined and assisted the Union and engaged in concerted activities, and
to discourage employees from engaging in these activities and that by their conduct Bayville
and Master 2 violated Section 8(a)(1) and (3) of the Act. Master 2 and Bayville are jointly
referred to as the Respondents.

1 All dates are 2006 unless otherwise indicated.
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On the entire record, including my observation of the demeanor of the witnesses, and
after considering the briefs filed by the General Counsel and the Respondents, I make the
following2
Findings of Fact
I. Jurisdiction
Master 2, a corporation, has been engaged as a contractor providing plumbing and
heating installation services at various locations in the states of New York and New Jersey,
including a job site located in Trenton, New Jersey. During the past 12 months, Master 2
provided services valued in excess of $50,000 to Bayville. Bayville, a corporation, with an office
and place of business in Trenton, New Jersey, called the Trenton site, has been engaged in the
ownership and renovation of a residential apartment building. During the past 12 months, in
conducting its business operations, Bayville has derived gross revenues in excess of $500,000,
and purchased and caused to be delivered to it at the Trenton site goods valued in excess of
$50,000 directly from points outside the state of New Jersey. The Respondents admit and I find
that Master 2 and Bayville are each employers engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act and the Union is a labor organization within the meaning of
Section 2(5) of the Act.
II. Alleged Unfair Labor Practices
George Fakiris and Constantinos (Gus) Tzaras each own one third of Bayville.
Bayville owns and is renovating the Broad Street Bank Building (referred to as the
Trenton site) and converting it to 134 apartments and eight retail stores. Antonios
(Toney) Elenis owns Master 2, the plumbing contractor for the Trenton site. Elenis
does not own or hold any position with Bayville. Tzaras testified he is at the Trenton
site three to five days a week and he is there more than any other owner. He testified
Bayville has the ultimate control over the site. Tzaras is also part owner of a company
called Laser Electric, which performed some of the electrical work at the Trenton site.
Elenis testified the plumbing work began at the Trenton site around January
2006. Elenis testified his brother owns a company called Master Plumbing and
Heating. Elenis testified Mark Bernstein works at the Trenton site as a lead person.
He testified Bernstein is employed by Master Plumbing and Heating, not Master 2, and
that Master Plumbing and Heating was not working at the site. Rather, Bernstein was
on loan to Master 2 which reimbursed Master Plumbing and Heating for Bernstein’s
services.
Dennis Doyle works for IBEW Local 269 (Local 269) as an organizer. Doyle

2 In making the findings herein, I have considered all the witnesses’ demeanor, the content
of their testimony, and the inherent probabilities of the record as a whole. In certain instances, I
have credited some but not all of what a witness said. See NLRB v. Universal Camera
Corporation, 179 F. 2d 749, 754 (C.A. 2), reversed on other grounds 340 U.S. 474 (1951). All
testimony has been considered, if certain aspects of a witness’s testimony are not mentioned it
is because it was not credited, or cumulative of the credited evidence or testimony set forth
above. Further discussions of the witnesses’ testimony and credibility are set forth throughout
this decision.
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testified as follows: When the Trenton project started around the fall of 2005, Doyle
went into the building and met with Tzaras concerning Laser Electric. Doyle told
Tzaras that Doyle was a union organizer for Local 269. Doyle went to the site around
six times to meet with Tzaras with the last time, prior to Dill’s March 14 termination,
being in the beginning of March. Doyle never signed a visitor’s book or wore a hard
hat during these visits. There were no signs on the building stating it was a hard hat
area or that Doyle could not walk into the building unannounced. Doyle never saw
anyone at the construction site wearing a hard hat. During these visits, Doyle did not
have an appointment to speak to Tzaras, except once when Tzaras told Doyle to come
back Monday.3 Doyle discussed “top down organizing” with Tzaras, where Tzaras
would sign a letter of assent for recognition of Local 269, without the need for Local
269 to organize the electricians at the site. Tzaras never signed the letter of assent.
Doyle just walked on the site, asked in the office if Tzaras was there, and then he and
Tzaras would talk briefly about how Doyle could supply manpower for the site. Doyle’s
conversations with Tzaras were friendly, and Tzaras never said anything to Doyle
about Doyle’s not wearing a hard hat, or about coming onto the site without permission.
Doyle entered the building through a plywood door and the office was to the left of the
door on the same floor. Doyle walked through the building on occasion just looking
around before going to the office.
Thomas Tighe works for Local 9 as an organizer and special representative.
Tighe obtained an ad from in the Trenton Times dated January 15, seeking plumbers
for hire in Trenton, New Jersey. The ad listed a contact phone number. Tighe testified
Joseph Dill, Jr. (Joe Dill), also an organizer and special representative for the Union,
called the number seeking work. Tighe performed an internet search of the phone
number, and learned it was the number for Master Plumbing and Heating, located on
Long Island. Tighe called the phone number listed in the ad and obtained the company
fax number. Tighe testified he performed some additional research concerning the
project and the plumbing permit was listed for Master 2. Further research revealed that
Elenis owned Master 2.
Dill was hired by Master 2 on February 6 as a plumber at the Trenton site. He
was terminated on March 14. 4 Dill did not reveal his union affiliation prior to being
hired. Tighe faxed a letter, under Tighe’s signature, addressed to Elenis Anastsios,
Master Plumbing and Heating, to the fax number Tighe obtained upon by calling the
number in Master 2’s ad seeking plumbers. The Union’ fax return shows that the letter
was successfully faxed on February 8.5 Tighe stated in the letter that Dill was a paid
organizer and Jon Stokes was a volunteer organizer for Local 9, and that they would
be organizing Elenis’ employees at his New Jersey jobs. The letter was faxed on Local
9’s letterhead, listing the Union’s address and phone number. The letter name’s Dill
and Tighe as special organizers for the Union.
Dill testified he revealed his union affiliation at the jobsite, within a week or two

3 Doyle later testified there was another occasion he showed up at the site with an
appointment as Doyle called Tzaras, who told Doyle to stop by next week.
4 There was testimony by various witnesses that the discharge date was March 13.
However, the consolidated complaint alleges, and Respondents admit in the answer that Master
2 discharged Dill on March 14.
5 Respondent stipulated that the fax number listed to where the letter was faxed is the fax
number for both Master 2 and Master Plumbing and Heating.
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after being hired, by speaking to about three or four co-workers about the Union. Dill
testified the employees of Master 2 met on the sixth floor to receive their assignments.
Dill testified he was supervised by Mark Bernstein, who was the only one gave Dill his
assignments. Dill testified that, during a phone call, Elenis gave him Bernstein’s cell
number and Elenis told him Bernstein was the foreman on the job. Dill testified he
normally took 30 minutes for lunch, although the rest of the employees took 45 minutes
to an hour. Bernstein told Dill the starting, quitting, and break times. Dill testified he
never saw any written work rules for the job. Dill testified that, at the Trenton site, there
were no signs directing visitors to sign in. He also testified there was no requirement to
wear a hard hat, or any safety equipment at the site. Dill testified the two occasions
when OSHA inspectors came to the site were the only times Bernstein issued hard
hats to Master 2 employees. Dill testified that except for the two OSHA inspections, no
one on the site wore hard hats.
Dill testified as follows: Dill frequently wore a union tee shirt to the job, which
contained a logo on the back about eight inches in diameter, stating "Local 9, Plumbers
and Pipefitters, Central New Jersey." Dill sometimes wore a jacket over the tee shirt
when he arrived for work. However, once he started working he took the jacket off
because the building was warm enough that it was not required. Dill wore a sweat shirt
or turtleneck underneath the union tee shirt. Dill testified he probably wore the union
tee shirt to work every day, but he could not say whether it was visible every day. Dill’s
sweat shirt also had a Local 9 insignia which was about 4 inches in diameter on the
front of the shirt. Bernstein saw Dill wearing the union tee shirt and Bernstein joked
about his union affiliation the entire time Dill was employed stating, "Is this how union
guys do it?"6 Dill testified he worked along side Tzaras two days before Dill was
terminated. Dill borrowed a ladder from Tzaras. They were working on the third or
fourth floor of the building. While Dill was connecting a pipe, Tzaras was putting an
electrical panel up and doing some configuration of the wires in the same apartment.
Dill was wearing his union tee shirt at the time, with the insignia in plain view. He
testified Tzaras should have seen the union shirt.
Dill testified Bernstein and Tzaras were the only two people he saw giving
orders on the job. Dill testified Tzaras gave orders to all of the trades. Dill testified
Elenis hired Dill by phone and that he only met Elenis in person one time and that was
during the March 14 incident leading to Dill’s discharge. Elenis confirmed that he only
met Dill on one occasion. While Dill initially testified he did not recall what he was
wearing on the day of his termination, he later testified he thought he was wearing a
union tee shirt over a sweat shirt. Dill testified that, pursuant to his agreement with
Elenis, Dill received a $5 an hour wage increase while working for Master 2. Dill
received the increase a week before Dill’s termination.
Dill testified the building was 8 floors on the side he was working on, and 12 on
the other. There were ceilings between the floors since the project was one of
renovation rather than new construction. Dill testified the building had a winding
staircase and the only way you could see to the top of the staircase was to stick your
head over the railing and look up. Dill testified the Montgomery Street entrance was
the entrance used by employees and the East State Street entrance was locked,
except for deliveries. Dill was shown pictures by Respondent’s counsel, which Dill did

6 Dill also testified that at one point Bernstein told Dill that they had received some type of
communication in the office.
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not recognize as the entrances to the building. Dill denied seeing signs that stated,
"DANGER NO ADMITTANCE"; "NOTICE AUTHORIZED PERSONNEL ONLY”; or
"DANGER HARD HAT AREA" posted at the entrances or anywhere in the building. He
testified the employee entrance was through a plywood door. Dill testified the doors in
Respondent’s pictures were new and shiny and that neither the doors nor the signs
were at the building while Dill was employed there.
Tighe testified that: Tighe called the phone number listed in Master 2’s January
newspaper ad four or five times. Except for the first call, when Tighe obtained Master
2’s fax number, Tighe introduced himself during the calls stating that he was "Tom
Tighe from Local 9 Plumbers and Pipefitters” and that he wanted to talk to the owner of
Master 2. Elenis never came to the phone or responded, although Tighe was told his
message would be referred to the owner for response.
Tighe testified that: On around March 6, Tighe called the secretary at Master 2,
and he received a call back from a man named George, who said he was with Master
Plumbing and he wanted to know why Tighe wanted the owner. Tighe responded he
was interested in seeing if the Union could supply the owner with skilled manpower for
the Trenton site as Tighe was a union organizer. George said it was a non union site,
that they did not need unions and that they were going to do it non union. Tighe said
he would have to take any action that he could to organize the site. Tighe testified it
was a very business like call with no animosity between them.
Tighe testified that: Around 10 minutes later, a man who introduced himself as
Gus called in an agitated state. Gus said, "Why are you calling up my subs on the
Trenton job and threatening them?" Tighe stated, "I'm not threatening anybody." Gus
asked him why he was trying to make it a union job. Tighe said he thought the subs
could use union qualified personnel for a job of that magnitude. Gus said he wanted
the correct spelling of Tighe’s name and address so Gus could send him a “lawyer
letter."7 Gus said, "You can't come and mess up my job, I'm not going to allow you to
do that." Tighe stated it was Tighe’s business to find out everything he could about
Gus’ business. Tighe refused to give Gus the correct spelling of Tighe’s name and
address stating Gus would have to find that on his own. Gus repeated that he was
going to send Tighe “a lawyer letter." Tighe told Gus to send “anything you want."
Tighe said when Gus found out where Tighe was located Tighe would be glad to open
the letter. At that point the conversation ended. Tighe never received any letter from
Gus. Tighe testified that, he had done a Dunn and Bradstreet search and from his
conversations with Doyle, he concluded that Gus’ last name was Tzaras, one of the
principal owners of Bayville. Tighe denied ever making any threats to anyone affiliated
with Bayville or Master 2.8
Dill testified that, on March 14, he received a call at the Trenton site on his cell
phone from Tighe who told Dill that Tighe and Doyle may be in the area around lunch

7 Tighe testified Gus spoke with a heavy Greek accent.
8 Tighe testified he had conversations with government agencies about the Trenton site.
Tighe called OSHA in that he thought there were several safety violations. Tighe contacted the
Trenton board of plumbing to find out who was licensed for the job. He testified the Union filed
a charge there alleging that the wrong person was listed on the plumbing permits for the job,
which stopped the job for a while. Tighe called the IRS and state department of wages and
hours because Dill was being paid cash on Saturdays.
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time and that they may have authorization cards for Dill to have signed by Master 2
employees. Dill testified lunch was between 12 and 1 p.m., and that lunch was his time
and he could go off the site for lunch.9
Tighe testified as follows: On March 14, he and Doyle entered the Trenton site
building shortly after noon through a plywood door. There were no signs requiring
visitors to check in. Tighe and Doyle walked up to the second or third floor and then
walked back down to the first floor. At that point, Tzaras, Elenis, and another man
were walking up the stairs. Tighe was wearing a union button on the lapel of his jacket
that was about an inch to and inch and one half and read, “The state of New Jersey
Local 9.” Doyle identified Tzaras to Tighe. Tzaras looked at Tighe and Doyle and said,
"What are you guys doing here? What are you doing in my house? How could you
come to my house?" Tzaras was addressing his remarks to Doyle. However, Tighe
responded stating, "I don't know what you're getting so upset for.” Tzaras then started
screaming at them. Tighe responded that, "We didn't do anything wrong." Tighe said,
"But if you want to come to my house and sit down and have something to eat," that
"I'd be more than welcome to invite you to my house." Tzaras was irate and screaming
and he said, "I can't believe you came into my building, what are you doing here?"
Tighe testified that: At that time, he and Doyle were standing in the hallway
between the landings. Elenis was three or four stairs up the other set of stairs and
Tzaras was in the entrance way to the hallway. Tzaras looked past Tighe and spoke to
someone. When Tighe turned around he saw it was Dill. Tzaras said to Dill, “Why did
you invite them into my house? Why did you bring these union guys into my building?"
Dill was standing behind Tighe, Tzaras was in front of Tighe, and Doyle was to Tighe’s
right. Elenis was two stairs up. Tighe told Tzaras, "Look it, he did not bring us to the
job site, we came on our own accord." Tzaras looked at Dill and said, "Well, you
brought these union guys into my house, you're fired." Tzaras looked at Elenis and
told him, "I'm firing your guy." Tighe asked Elenis if he was the owner of Master 2.
Elenis said yes, and Tighe asked Elenis if he was “going to let him fire your man?"
While Tighe was talking to Elenis, Dill was talking to Tzaras about Tzaras not being
able to fire him. Tighe and Dill asked Elenis almost simultaneously how he could let
Tzaras fire Elenis’ employee. Elenis responded Tzaras was the one boss, if he fired
Dill then he was fired. Tzaras continued to scream at Tighe and Doyle stating they had
to leave the jobsite, that they could not come into his house, and that if they did not
leave he would have them arrested. Tighe told Tzaras not to get more excited and
they would leave. Tighe testified no one there had hard hats on.
Tighe testified the exchange with Tzaras was going on for a minute to a minute
and one half before Dill came around the corner. Tighe testified Tzaras was doing all
of the screaming and that neither Elenis, Tighe, Doyle, nor Dill raised their voices
during the exchange. Tighe testified Elenis was on the scene at the time the incident
started. Tighe testified he introduced himself as Tom Tighe from Local 9, and he
handed Elenis his card, right after Dill was fired.
Dill testified to the following: On March 14, Dill was working on the first floor
just before his noon lunch break. The first floor was two flights of stairs above the
entrance to the building. At around 12:10 p.m. Dill was taking his lunch break near his
work location. At that time, Dill heard some loud voices coming from the stairwell,

9 Tighe confirmed Dill’s description of the call.
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which was approximately 25 or 30 feet away from where Dill was located.10 Upon
hearing the voices, Dill walked around the corner and saw Tighe and Doyle standing
right outside of the landing of the first floor. Dill did not recall the men wearing union
attire. Dill also saw Tzaras in the stairwell and Tzaras was having a confrontation with
Tighe and Doyle. Tzaras saw Dill as he walked around the corner and Tzaras said,
"And you're fired too." Dill responded, "Gus, you can't fire me, I don't work for your
company." Tzaras said, "You brought these guys in my house, you're a union guy and
you brought these union guys here, you're fired." After Tzaras started talking to Dill,
Dill saw Elenis, coming down the stairwell from the second floor.11 Dill said to Elenis,
“Tony…I work for you, do you understand what's happening here, that Gus is firing
me?" Dill said, "You're the person that I work for not for Gus." Dill testified Elenis said,
“he's the owner of the building, if he's firing you, you're fired.” Dill then walked around
the corner and picked up his tool bag. When Dill walked back around the staircase,
Tighe and Doyle had gone down the stairs. Dill walked up to Elenis and asked to
shake his hand stating, "It was a pleasure working for you." Dill then left the building.12
Dill denied getting in Tzaras face or telling Tzaras that, "I brought them inside
and they're staying inside." Dill testified Tzaras did not mention a concern about the
men not wearing hard hats. Dill testified his conversation with Tzaras was that Dill was
immediately blamed for bringing the union guys on the job, and Dill was told he was
fired. Dill testified he told Tzaras, “you can't fire me because I don't work for you". Dill
denied saying anything else to Tzaras during that conversation. Dill denied raising his
voice or using profanity during the conversation. Dill denied that one of his goals as a
union salt was to get fired.
Dill testified that he did not invite Doyle and Tighe into the building. He testified
they could have called him, and he could have walked outside to meet them. Dill
testified there were no signs saying that the site was private property or that people
from the street could not walk in. Dill did not see any signs at the site. He testified he
did not know the site was a restricted area. Tighe testified he makes it a practice to go
on a jobsite if there is nothing saying he cannot go on the site. Tighe testified he went
on the site to give Dill authorization cards during his lunch. Tighe testified there were
no signs posted at the entrance and that he felt he had the right to walk on to the
property. Tighe walked through a construction door to enter the site. Tighe testified
Dill was not wearing a hard hat at the time of the exchange and neither was any one
else including company officials. Tighe testified no one he saw in the building was
wearing a hard hat and he saw 15 to 20 people on the different floors. Tighe denied
hiding when Tzaras was approaching. Tighe testified he did not call Dill and ask him to
come down to meet Tighe because Tighe wanted to see the condition of the building.
Tighe testified Dill did not invite him in. Rather, Tighe went in on his own. Tighe

10 Dill placed the time at 12:20 p.m. when he heard loud voices in his pre-hearing affidavit.
11 Dill learned the man was Elenis because Tighe asked him if he was from Master 2. This
was the first time Dill met Elenis in person. Dill thought Tzaras’ son was also in the stairwell.
12 Dill testified that: Dill arrived at the scene around one to two minutes, after he heard the
loud voices. The only voice Dill recognized before seeing the participants in the conversation
was Tzaras because Dill had heard his voice loud on several occasions and he has a distinct
accent. Dill did not recognize Tighe’s voice before seeing Tighe, and he did not know Tighe
was raising his voice. Dill clarified that he only heard one loud voice that of Tzaras which was
an “ongoing ranting.” Dill testified Tzaras did not ask him any questions but just reprimanded
him for supposedly inviting the union guys into his house and then Tzaras told Dill he was fired.
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testified that after Dill was fired Tighe saw another ad from Master 2, dated April 16,
looking for plumbers.
Doyle testified that he and Tighe entered the building during lunch time through
a plywood door. They went up to around the fourth floor and saw about six men
working there who Doyle thought were plumbers or pipefitters. Doyle testified none of
the people he saw in the building that day wore a hard hat. Doyle testified they started
to walk down the stairwell, and got to the first floor when they ran into Tzaras. Doyle
testified Tzaras turned around and in a loud voice said, "What are you doing in my
house?" Tzaras recognized Doyle because of their prior meetings. Doyle testified
there were some words back and forth. Doyle testified then Dill appeared. Doyle
testified Dill must have been in a room looking up the stairwell that came from the right.
Doyle testified that, when Dill came out, Tzaras immediately looked at him and said,
"You brought these guys in here, you're fired." Dill responded he did not work for
Tzaras and Tzaras could not fire him. Doyle testified the plumbing contractor (Elenis)
was also in the stairwell, and Dill said to him that Tzaras fired him. Doyle testified
Elenis replied, he owns the building, he can do what he wants, he is the boss. Tzaras
then told Tighe and Doyle if they did not leave the premises he was going to call the
police. Then Tighe and Doyle left.
Doyle testified Dill did not raise his voice and was not insubordinate. Doyle
testified the only thing Dill said to Tzaras was he did not work for Tzaras so he could
not fire him. Doyle testified Tzaras was on the stairs and Dill was about 10 feet away
from him. Doyle testified Doyle hardly spoke and Tighe did not raise his voice. He
testified that Tighe just turned around and when Tzaras said to Tighe "I wouldn't come
into your house," Tighe invited Tzaras to his house. Doyle testified Tzaras never said
anything about a hard hat, and Doyle testified, “I don't believe at that point in time Gus
had a hard hat on.” Doyle testified that in some instances you do not need a hard hat
on a job. He testified there was nothing overhead, it was an existing building, and it
was not like they were working on structural steel. Doyle testified there was an
electrical panel there, but Doyle did not try to hide behind the panel when he saw
Tzaras. He testified Tzaras saw him right away and there was no reason to hide.
Doyle testified Tzaras looked at Doyle and recognized him. Doyle testified Tighe
spoke and said "You must be Gus", because Doyle had told Tighe that was Gus.
Doyle testified the conversation was weighted towards Tighe and Doyle had little
participation in the conversation.
Jon Stokes testified he worked for Master 2 at the Trenton site in February
2006 for about 3 weeks. Stokes testified he did not wear a hard hat while working for
Master 2 and other employees were not wearing hard hats. Stokes testified there were
no signs stating you had to wear a hard hat or that visitors had to sign in. Stokes left
Master 2 because he found a union job that paid more money. Stokes testified
someone from the Union suggested Stokes work for Master 2, and that he worked
there as a volunteer organizer for the Union. Stokes was not paid by the Union while
he was working for Master 2 and he has never been on the Union’s payroll.
A. The testimony of Respondents’ witnesses
Fakiris identified two of Respondents’ exhibits containing pictures of the two
entrances to the Trenton site. Each exhibit contained glass doors, and three signs,
separately reading: "DANGER NO ADMITTANCE"; "NOTICE AUTHORIZED
PERSONNEL ONLY”; and "DANGER HARD HAT AREA." Fakiris testified, “We own
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the building now approximate 21, 22 months, 23.” He testified that the signs on the
exhibits were posted around 17 to 20 months ago as soon as they bought the building.
Fakiris testified the signs were posted continuously and the last time he saw the signs
posted was the day before the hearing. Fakiris did not take the pictures and he did not
know who did. Yet, he initially adamantly insisted that the pictures were taken, “Two
years ago, a year, eighteen months, twenty-one months ago.” When further
questioned about when the pictures were taken the following exchange occurred:
Q I just want to remind you that you're under oath and it was two years --
A Yes, you want me to raise my hand again, I'd be happy to do that.
Fakiris then testified the glass doors contained in the pictures were only up five
to seven months in that prior to that they were covered with plywood for protection.
Since, the hearing took place on December 4, then by Fakiris belated admission, the
pictures were taken some time after Dill’s March 14 termination.13 Fakiris then claimed
regardless of when the pictures were taken, the notices shown in the pictures were
posted way before Dill’s termination. However, then Fakiris testified as follows
concerning the pictures:
Q But do they depict what was there in or about mid March of 2006?
A I don't know, I can't answer that. I go here and next day in Tennessee,
next day I'm in Chicago, next day I'm in Savanna.
Tzaras testified Bayville had ultimate control over the site. Tzaras testified he is
in the Trenton building three to five days a week, and that he is there more than any
other owner. Tzaras testified that in February and March 2006, there were two
entrances to the project, one for the workers, and one for deliveries, and that there
were signs posted at the entrances stating it is a hard hat area, and the building should
not be entered. Tzaras testified there is an OSHA requirement that people going inside
the building wear hard hats. Tzaras testified there was a point in time at the project
where there were plywood doors on the entrances to site. He testified the plywood
covered the glass doors until about four to six months prior to the hearing. Tzaras
testified Bayville did not have an employee handbook. However, Tzaras testified he
holds meetings with the subcontractors talking about OSHA and safety. Tzaras
testified there is no sign in book for people to enter the building.
Elenis testified that the plumbing work began at the Trenton site around
January 2006, and that the first time he saw any warning notices at the building was at
that time. He testified the signs said, “Keep Out,” Hard Hat Area,” and “No
Admittance.” Yet, when asked if he would expect Dill to ask permission to bring visitors
on the site, Elenis equivocally responded, “I suppose, I mean, yes, you know.” Elenis
testified Master 2 has no employee handbook and no written policy requiring the
wearing of hard hats. He testified Master 2 has a verbal policy requiring employees to
wear a hard hat. However, Elenis admitted he was not wearing a hard hat at the time
of the incident leading to Dill’s termination. Rather, Elenis claimed he was carrying a
hard hat under his arm. When asked if Tzaras was wearing a hard hat at the time of
the incident, Elenis testified, “Not that I remember, I don’t remember.” Elenis testified

13 Upon objection by the General Counsel the pictures were not allowed into evidence, as
Respondent could not identify the photographer, or when the pictures were taken, and by the
admission of Respondent’s witnesses they were taken after the events in question in this case.
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that he did not tell Dill about Master 2’s hard hat policy, and while he claimed Dill was
informed of it, he admitted he was not present when anyone told Dill about it.
Elenis denied knowing of Dill’s union affiliation prior to Dill’s March 14
termination. Elenis testified the Union’s February 8 fax announcing Dill was a paid
organizer for Local 9 reflected that it was sent to Elenis’ office in Woodside, New York.
He testified he goes there on almost a daily basis. However, he denied seeing the
Union’s fax. When he asked if he knew why he would not have received the Union’s
fax, he testified, “To be honest, you know, I mean, I get everything and I haven't seen
this.” Elenis testified faxes to the office are given to him by his secretary and that
normally he would receive a fax the day it is sent or the next day. Elenis initially
testified that Tighe had called Master 2 at Elenis’ office a couple of times and left
messages for Elenis to return his return the call. Elenis then testified, “I got a phone
call from the Union, I don't remember the name, who that was, but I never answered
back.” When asked why he did not return the call the response was he was, “Busy at
the time, I don't know, I never really called back.”
Fakiris testified the Union did not call him, rather he called the Union speaking
to an individual who he thought was Tighe. Fakiris testified he asked Tighe if he was
willing to work next to non union labor, and Tighe said he could not do that. Fakiris
testified that, during the call, Tighe stated, "Wait 'til you see what I'm going to do to the
building." Fakiris testified that was all that was said. Tzaras testified he did not
remember having a conversation with Tighe before Dill’s termination. He explained he
had no recollection, “Because I talking to a lot of people. Maybe I talk with 10,000 on
this time on this job. I don't remember exactly who I talk to.”
Tzaras denied working with Dill in one of the apartments and he denied that Dill
borrowed a ladder from him. Tzaras testified he is a part owner of Laser Electric,
which did some work in the building. Tzaras testified his employees performed the
work, not him. Tzaras then testified he did some electrical work in the basement
himself, but not on the floors. However, he also testified that if his employees start
working and ask him something, he helps the men.
Tzaras testified that in the middle of March he confronted three individuals at
the Trenton job site. Tzaras testified he was in the office looking at drawings for
Master 2 and he wanted Elenis to accompany him to the top floors to meet with Elenis’
foreman. Tzaras testified as he was going up the stairs he saw two men try to hide
behind an electric panel. Tzaras told Elenis to wait. Tzaras testified he came down
and saw two people, one man he knew was from the electrical union because Tzaras
had previously talked to him. Tzaras could not recall his name; however he was
referring to Doyle in his testimony.14 Tzaras testified he asked Doyle, "What do you do
here?" Tzaras testified he told Doyle, "You know the rules, you know the safety, you
know everything." Tzaras testified that he said, “What happened? Why you come
here? You're not calling me." Tzaras testified Doyle knew the rules because the first
time Doyle came in the building, Tzaras told him, "Listen, you know you have to have
hard hats anytime you want to come."

14 Tzaras testified he discovered that two or three times before Doyle tried to go inside the
building. Tzaras testified he showed Doyle the signs, that Doyle knew Tzaras’ office, and Doyle
knew Tzaras’ phone number.
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Tzaras testified he was talking to Doyle first and then Dill came down. He
testified there was a man standing next to Doyle, but Tzaras did not know who he was.
Tzaras testified that when he spoke to the other two men Dill was standing behind
Tzaras. Tzaras testified that Tzaras was wearing a hard hat. Tzaras testified Dill had
a hard hat with him, but Tzaras did not know if he was wearing it. Tzaras then testified
he thought Dill was wearing a hard hat. Tzaras testified, “I know I see him before, he
had no hard hats, I don't know if he put on before that.” Tzaras then testified he could
not remember if Dill was wearing a hard hat that day. Tzaras testified that Dill was not
close to the other two men. Rather, Dill was about 10 or 15 feet away from them.
Tzaras testified Dill came with a big attitude, and he started screaming at
Tzaras. Tzaras asked Dill if he worked there, and Dill said he was working for the
plumbers. Tzaras asked Dill why he was screaming. He testified Dill responded, “I can
bring anybody I want inside the building, you can not tell me what can I do in the
building." Tzaras testified he replied, "I'm sorry, sir, but I have to know who's come to
be with you first, and second of all these guys, they don't have safeties. You can bring
anybody you want to the building. I'm sure if you want to follow this way, take your
tools and go outside the building too." Tzaras testified Dill was coming close to him like
he wanted to fight. Tzaras testified he felt Dill was going to hit him. Tzaras testified he
did not want to fight with anyone and he told the men to go outside the building.
Tzaras testified that, at the time, he did not know Dill or that Dill was affiliated with the
Union. Tzaras testified, “I don't like how he talk to me, how he speaking to me and I
didn't like the attitude.” Tzaras testified he told Dill to take his tools and go outside the
building. Tzaras testified he was surprised when he saw Doyle and Tighe because
they were supposed to have working boots and hard hats because if something
happened to them he could be legally responsible.
Tzaras denied telling Dill he was fired. Tzaras testified he told Dill, “You can
take your tools and go outside the building". Tzaras testified he told Elenis concerning
Dill, "I don't like his attitude and I don't want him to come to the job with this attitude".
However, Tzaras testified he did not consider Dill to be fired, “because it's not my job,
he's not working for me, Sir.” Despite Tzaras’ claim that he did not tell Dill that he was
fired, Fakiris testified he was advised by Tzaras about the mid-March incident
concerning Dill. Fakiris testified, “I was told there was a guy there and the guy was
fired but I don't recall exactly what happened after that.” Fakiris repeated that he was
told Dill was fired. Fakiris denied that Dill was fired for his union affiliation, but then
claimed he did not know the reason Dill was fired.
Elenis testified that on March 14, he saw Dill with two individuals. Elenis
testified Dill was there from the start of the incident. Elenis testified that he and Tzaras
were going up the stairs to go over some work. Elenis testified he was not wearing a
hard hat at the time, but he had it under his arm. When asked if Tzaras was wearing a
hard hat, Elenis replied, “Not that I remember, I don't remember.”
Elenis testified as follows: In coming upon the three individuals, Elenis was in
front of Tzaras, and Elenis heard Tzaras say something like, “Hey you guys.” Elenis
and Tzaras saw a couple of people going behind a big electrical panel. Elenis
immediately followed Tzaras inside. Elenis and Tzaras went around and saw Tighe,
Doyle, and Dill. Tzaras asked them a couple of questions, including, "What are you
guys doing here?" The response was they came to see Dill. Tzaras said this is private
property, and you guys have to get out of the building. Elenis testified as far as he
could remember, Dill turned around and said, "I'm on my lunch hour right now, they're
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with me and they're going to stay with me." Tzaras then told Dill, "Well, if that is the
case you pack up your tools and go with them." Elenis testified Dill spoke in “a little bit
in an hard way…”. Tzaras seemed quite upset with the reply. Elenis testified he
thought it was Dill’s response that caused Tzaras to throw the men off the site. Dill
then turned to Elenis and said, "He’s telling me to leave the building." Elenis testified
he responded he could not speak over Tzaras, that if he is telling you to leave you
have to go. Dill then started picking up his tools. Elenis denied telling Dill he was fired.
Elenis testified that, at the time he spoke to Dill, Elenis did he did not know that Dill,
Tighe, or Doyle had any union affiliation. He testified when Dill left he shook Elenis’
hand and said in a calm way that it was nice working for you.
Elenis testified that as a sub on the site he was required to carry out Bayville’s
directions. Elenis testified Tzaras did not tell Dill he was fired. He told him to pick up
his tools and please leave the building with them because Dill spoke to defend these
two people. Elenis only belatedly testified that, “Well, yes, in other words, they weren't
wearing no hard hats, he told them, they were wearing no shoes, no -- you know, no
safety equipment so he told them please to get out of the building and that's when Joe
Dill spoke up.”
Elenis later testified, when Tzaras saw the two men with Dill, that Tzaras said,
"What are you guys doing in the building? Who are you guys?" Elenis testified Doyle
and Tighe identified themselves. Tighe stated his name was Thomas Tighe, and they
said they were there to have lunch with Dill. Tzaras said you are not allowed in the
building with no hard hats, it is a safety building and you will have to get out. Elenis
testified Dill did not come around the corner. Rather, Dill was with them at the start.
Elenis testified Tzaras told them they were not allowed in the building and that was
when Dill, who was standing right next to them, said, "They're with me, they're going to
sit and eat lunch with me in this building, and there's nothing you can say about this."
Elenis testified Tzaras responded, "Well, you to pack your tools and go". Elenis
testified Tzaras threatened to call the police and then Tighe and Doyle then started
walking down the stairs. Elenis testified his only conversation with Dill was Dill asked
Elenis if Dill had to go, and Elenis said, “I can not go against the owner, yes, you have
to go.". Elenis testified then Tighe gave Elenis one of his union business cards and
told Elenis to call Tighe. Elenis testified he did not know Tighe was affiliated with the
Union until after Tzaras told Dill to get off the site.
Elenis testified he advertised for plumbers after the incident with Dill. Elenis
testified he did not call Dill because as far as Elenis knew Dill was not allowed in the
building. Elenis testified that Dill could no longer work for Master 2, because the
company had no other New Jersey sites. However, Elenis testified the company did
have work in New York, and that was not offered to Dill. Elenis testified he removed
Dill from his payroll the week following the incident and they never spoke again.
B. Credibility
The General Counsel’s witnesses testified in a calm and convincing fashion.
Their testimony was internally consistent, consistent between witnesses to the extent
their memories would permit, and presented a logical version of what transpired in
terms of the record as a whole. Respondents’ witnesses testified in a somewhat
contradictory fashion, and their testimony was undermined by documentary evidence,
and the record as a whole.
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General Counsel witnesses Dill, Tighe, Doyle, and Stokes credibly testified that
Respondents did not enforce any rule about the wearing of hard hats at the Trenton
site. Dill testified the only time employees were required to wear hard hats during the
course of his employment was twice during OSHA inspections. Doyle testified he had
entered the building on multiple occasions without a hard hat, and was not told he had
to wear one. Tighe and Doyle testified they saw several people in the building on
March 14, none of whom were wearing a hard hat, including management officials
Tzaras and Elenis. Dill and Doyle testified Tzaras did not mention a concern about
wearing hard hats during the March 14 conversation, and none of the three union
officials’ description of the March 14 conversation included mention of a safety concern
by Tzaras.
I do not find as credible Tzaras and Elenis claims that Tzaras raised a safety
issue on March 14. First, Elenis admitted he was not wearing a hard hat during the
exchange. During his testimony on direct examination describing the March 14
incident, Elenis failed to mention that Tzaras raised any issue about a hard hat or
safety concerns pertaining to Tighe and Doyle being in the building. This contention by
Elenis was only belatedly raised later on in his testimony. Moreover, when he was
asked whether Tzaras was wearing a hard hat during the incident, Elenis testified, “Not
that I remember, I don’t remember.” I do not credit Elenis’ contention that Tzaras
allegedly admonished Tighe and Doyle about not wearing a hard hat, but at the same
time Elenis was not wearing one, and he could not recall that Tzaras was wearing one.
I also do not credit Tzaras’ testimony that he was wearing a hard hat at the time, given
Elenis’ testimony and the credible testimony of the Union representatives that he was
not. Thus, I do not credit Tzaras and Elenis’ claims that Tzaras raised a safety concern
with Tighe and Doyle on March 14, about hard hats or anything else. I have credited
the testimony of the union representatives and Stokes that Respondents did not
enforce a hard hat practice. Respondents did not have hand books that were
distributed to employees concerning any mention of wearing hard hats, and Elenis
admitted he did not instruct Dill about wearing a hard hat nor was he present when Dill
was given any such instructions. Tzaras’ testimony was equivocal as to whether Dill
was wearing a hard hat during the incident. Tzaras then testified, “I know I see him
before, he had no hard hats, I don't know if he put on before that.” Thus, although
Tzaras admitted seeing Dill without a hard hat prior to the incident, there was no claim
that he instructed him to wear one at that time, or that he otherwise attempted to make
sure Dill’s employer enforced the policy.
The Union officials credibly testified they entered the facility through a plywood
door, and that there were no signs posted at the entrance or otherwise in the facility.
Respondent through Fakiris, it first witness, attempted to introduce two pictures of the
entrances of the facility containing glass doors and multiple signs stating, “DANGER
HARD HAT AREA”; “DANGER NO ADMITTANCE”; AND “NOTICE AUTHORIZED
PERSONNEL ONLY.” While Fakiris did not know who took the pictures, he testified
the signs depicted therein were posted around 17 to 20 months prior to his December
4, testimony. He also adamantly insisted that the pictures were taken, “Two years ago,
a year, eighteen months, twenty-one months ago.” When asked if he was sure the
pictures were taken two years earlier, he insisted that was correct and offered to be
sworn in again. However, Fakiris then admitted the glass doors contained in the
pictures were only on display five to seven months prior to the hearing in that prior to
that time they were covered by plywood. Moreover, Tzaras, who was in the building
more frequently than Fakiris testified the glass doors were on display only four to six
months prior to the hearing. Either way, their testimony revealed, that despite Fakiris
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initial testimony, Respondents’ entrance pictures were taken after Dill’s March 14
termination. Despite his insistence that the signs contained in the pictures were posted
for the length of time Respondent owned the building, Fakiris eventually recanted on
that testimony stating, “I don’t know, I can’t answer that.” Fakiris explained that he
travels frequently to many sites and therefore did not have good recall as to what was
posted at the Trenton site. Similarly, while Elenis claimed he saw signs posted as of
around January 2006, depicting what was contained in Respondent’s pictures, when
asked if he would expect Dill to request permission to bring visitors on the site, Elenis
equivocally responded, “I suppose, I mean, yes, you know.” In sum, considering the
demeanor of the witnesses, and the content of their testimony, I credit Dill and the
union representatives that there were no signs posted at the entrances to the Trenton
site on March 14, and in particular Dill’s testimony that there were no signs posted
during the course of Dill’s employment there.
Dill was hired by Master 2 on February 6. Tighe credibly testified that he faxed
a letter addressed to Elenis Anastsios, Master Plumbing and Heating, and the Union’s
fax return shows that the letter was successfully faxed to Master 2’s fax number on
February 8. Tighe stated in the letter that Dill was a paid organizer for Local 9 and that
he would be organizing Elenis’ employees as his New Jersey jobs. Dill credibly
testified that he was aware of the fax, and that he began discussing the Union with
employees within a week or two of when he was hired. He also testified he wore a
union tee shirt to work with a large label identifying the Local 9 on the back. Dill
testified that Bernstein, who Elenis identified to Dill as the foreman on the job, and who
gave Dill his assignments, saw Dill wearing the union shirt. Dill testified Bernstein
joked with Dill about Dill’s union status, and that Bernstein told Dill that the office
received some type of communication.
Tighe credibly testified he called Master 2’s phone number four or five times
and that during most of these calls Tighe introduced himself as "Tom Tighe from Local
9 Plumbers and Pipefitters,” stating that he would like to talk to the owner of Master 2.
Elenis never came to the phone. However, Tighe was told his message would be
referred to the owner, and that he would contact Tighe. Tighe credibly testified that
around March 6, Tighe called the secretary at Master 2, and he received a call back
from a man named George, who said he was with Master Plumbing and he wanted to
know why Tighe wanted the owner. Tighe responded he was interested in sitting down
with the owner and seeing if the Union could supply him with skilled manpower for the
Trenton site, that Tighe was a union organizer. George said it was a non union site,
that they did not need unions and that they were going to do it non union. Tighe said
that he would have to take any action that he could to organize the site.
Tighe testified that around 10 minutes later, a man who introduced himself as
Gus called in an agitated state. Tighe testified Gus said, "Why are you calling up my
subs on the Trenton job and threatening them?" Tighe testified he responded, "Sir, I'm
not threatening anybody." Tighe testified Gus asked him why he was trying to make
this a union job. Tighe responded he thought the subs could use union qualified
personnel to do a job of that magnitude. Tighe testified Gus said he wanted the correct
spelling of Tighe’s name and address so Gus could send him a “lawyer letter." He
testified Gus said, "You can't come and mess up my job, I'm not going to allow you to
do that." Tighe stated it was Tighe’s business to find out everything he could about
Gus’ business. Tighe stated he was not going to give Gus the correct spelling of
Tighe’s name and address as Gus would have to find that on his own. Gus repeated
that he was going to send Tighe “a lawyer letter." Tighe told Gus to send “anything you
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want." Tighe said when Gus found out where Tighe was located Tighe would be glad
to open the letter. Tighe credibly denied ever making any threats to anyone affiliated
with Bayville or Master 2.
Dill and Tighe’s testimony presented a logical sequence of events, since Tighe
had faxed a letter identifying Dill was an organizer to Elenis, shortly after Elenis hired
Dill, it makes sense for Dill to have openly displayed his union status at the jobsite as
his testimony indicated. Unfortunately, the testimony of Respondents’ witnesses,
considering their demeanor, was not as convincing. Elenis testified he routinely
receives faxes at the number the February 8 fax was sent the day or the day after the
fax arrives. Yet, he incredibly claimed the fax was not presented to him, and offered no
explanation as to why he would not have received it. Moreover, Dill credibly testified
that Bernstein, who Elenis informed Dill was his foreman, told Dill a communication had
come in the office. Dill also credibly testified that Bernstein joked with Dill about Dill’s
union status during the course of the job. I infer from Dill’s testimony and the fax itself
that Bernstein and Elenis discussed Dill’s union status. I also do not credit Elenis’
claim that he did not receive the fax.
Elenis also testified that Tighe called Elenis’ office a couple of times and left
messages for Elenis. Elenis then changed his testimony stating he received one call
from the Union, and that he did not know the name of the individual who called. Elenis
had no explanation for not returning the call. The only logical explanation was that he
did not want to deal with the Union.
Tighe testified he called Elenis and left him a message on March 6. Tighe
testified he received a call back from a man named George, who said he was with
Master Plumbing. George Fakiris admitted to calling Tighe. It is clear that Elenis,
while claiming his lack of interest in the Union and stating he did not know the name of
the person who called him, referred Tighe’s call to Fakiris for response. In this regard,
Fakiris testified he called the Tighe, and that Tighe did not call him. Fakiris’ unsolicited
call to Tighe reveals that both Bayville and Master 2 officials were more concerned
about the Union’s organizational activities than either was willing to admit. I have
credited Tighe’s version of the phone call with Fakiris, over Fakiris’ description. Tighe,
considering his demeanor, presented himself as a credible witness, while Fakiris
credibility was somewhat suspect for reasons set forth above. I also credit Tighe’s
testimony and description of a phone call Tzaras initiated with him shortly after the
Fakiris phone call ended. Tighe’s recollection of the call was clear and precise.
Tzaras also did not deny having a conversation with Tighe, but merely stated he could
not recall it. I do not credit his testimony on this point. Tzaras came off as somewhat
excitable on the witness stand, and he was credibly described as such by Tighe during
the phone call. Moreover, given the content of the call as described in Tighe’s credible
testimony, I do not credit Tzaras claim that he did not recall talking to Tighe.
I have also credited Dill’s testimony that two days prior to Dill’s termination, Dill
borrowed a ladder from Tzaras, and Dill was wearing a union shirt with a large insignia
in plain view at the time he did so. Dill’s testimony was precise as to the event, while
Tzaras’ testimony fluctuated with him at first claiming he did not perform hands on
electrical work, to then claiming he only performed hands on work in the basement of
the building, but then also admitting he assisted his employees when they needed
help. Thus, I have credited Dill’s testimony that Tzaras saw Dill wearing a union shirt
two days prior to Dill’s termination. Based on the Tighe’s February 8 fax to Elenis, and
Bernstein’s knowledge of and conversation with Dill about Dill’s union activity, I
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discredit Elenis, and conclude that he knew Dill was a union organizer prior to Dill’s
March 14 discharge. I also infer that, as Elenis informed Fakiris of Tighe’s phone call,
that Elenis also informed Bayville officials of the content of Tighe’s fax naming Dill as a
union organizer. In view of my finding that Tzaras saw Dill wearing a Local 9 shirt two
days before Dill’s termination, I discredit Tzaras’ claim that he did not know Dill was a
union organizer at the time of the March 14 termination incident.
Dill, Doyle, and Tighe credibly testified that Dill was not there at the start of the
March 14, encounter with Tzaras and Elenis. In fact, Tzaras confirmed that Dill was
not there at the beginning. I therefore do not credit Elenis’ claim that Dill was there
from the start. Dill testified he was on his lunch break when he heard loud voices
coming from the stairwell about 25 to 30 away from where he was working. Dill later
refined his testimony to state that he in actuality could only recognize one loud voice,
that of Tzaras, who had a distinctive accent, and was engaging in an “ongoing rant.”
Tighe and Dill credibly testified that Tzaras was the only one to raise his voice during
the entire exchange. Doyle confirmed that Dill did not raise his voice, and that Tzaras
spoke to them in a loud tone. There was no claim by Tzaras or Elenis that either Tighe
or Doyle raised their voices. Thus, I have concluded, based on Dill’s credible
testimony, as confirmed by Doyle and Tighe, that it was Tzaras’ outburst upon seeing
the two union representatives in the stairwell that attracted Dill to the incident. I do not
credit Elenis’ claim that it was Dill’s response to Tzaras that caused Tzaras to evict the
Doyle and Tighe from the site, as the evidence clearly reveals that Tzaras was yelling
at the two individuals before Dill arrived at the scene. As set forth above, I do not
credit Tzaras and Elenis’ testimony that Tzaras raised a safety issue with Doyle and
Tighe. Rather, I find it was Doyle and Tighe’s union status that prompted Tzaras
reaction. Tzaras admittedly knew Doyle was a union official, and likely would have
assumed the same of Tighe since Tighe was accompanying him in the building. Tighe
was also facing Tzaras and wearing a Local 9 union button on the lapel of his jacket.15
Moreover, Elenis testified that Tighe and Doyle introduced themselves, and I have
concluded that both Tzaras and Elenis would have had name recognition of Tighe,
since Tighe had sent a fax and made multiple phone calls to Elenis, and Tzaras
phoned Tighe on March 6 asking for the spelling of Tighe’s name and his address.
I have credited Dill and Tighe’s testimony that Tzaras immediately told Dill upon
seeing him that Dill was fired because Dill was a union guy, and he brought the union
guys to Tzaras’ house. I also credit their testimony that Dill protested the discharge to
Elenis, and Elenis responded Tzaras was the owner of the building, and if he said Dill
was fired, then Dill was fired.16 While Tzaras denied telling Dill he was fired, Fakiris

15 In view of Dill’s positioning during the exchange, Dill’s failure to notice the button is not a
basis to discredit Tighe’s credible account that he was wearing it.
16 I find Doyle’s account of the event serves to corroborate Dill and Tighe’s testimony. Doyle
testified Tzaras told Dill he was fired for bringing these guys into the building. He failed to testify
Elenis used the word fired, but rather Dill told Elenis that Tzaras fired him, to which Elenis
replied Tzaras owned the building and could do what he wanted to. Thus, Doyle testified Elenis
affirmed the discharge over Dill’s protest. Moreover, while Doyle failed to use the term union or
union guys in his account, Doyle testified that Dill did not raise his voice to Tzaras and that Dill
was not insubordinate. Since, I find Tzaras knew Doyle and Tighe were union officials, I have
concluded that he terminated Dill because of knowledge of Dill’s union status and Tzaras’
assumption that Dill brought the other union officials into the building. Thus, I have credited Dill
and Tighe’s testimony as to what transpired to the extent it is different than Doyle’s and I have
Continued
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testified he spoke to Tzaras after the event and was told Dill was fired. Similarly, while
Elenis claimed he did not discharge Dill, Elenis admitted he did not offer Dill work at
any of Master 2’s other locations and that he took Dill off the payroll the following week.
Moreover, Respondents admitted in their answer to the consolidated complaint that
Master 2 discharged Dill on March 14. Accordingly, taking into consideration the
witnesses’ demeanor, I have credited the testimony of Dill, Tighe, Doyle, and Stokes
over the accounts of Tzaras, Fakiris, and Elenis wherever there was a discrepancy in
their testimony.
C. Analysis
In Wright Line, 251 NLRB 1083, 1089 (1980), enfd. 662 F.2d 899 (1st Cir. 1981), cert.
denied 455 U.S. 989 (1982), approved in Transportation Management, Inc., v. NLRB, 462 U.S.
393 (1983), the Board established a framework for deciding cases turning on employer
motivation. To prove that an employee was discharged in violation of Section 8(a)(3), the
General Counsel must first persuade, by a preponderance of the evidence, that an employee's
protected conduct was a motivating factor in the employer's decision. The elements commonly
required to support such a showing are union activity by the employee, employer knowledge of
that activity, and antiunion animus on the part of the employer. Wal-Mart Stores, 340 NLRB 220,
221 (2003). If the General Counsel is able to make such a showing, the burden of persuasion
shifts “to the employer to demonstrate that the same action would have taken place even in the
absence of the protected conduct.” Wright Line, supra, at 1089.
In Pneu Electric, Inc., 309 F.3d 843, 857 (5th Cir. 2002), a plastics company
engaged a subcontractor to perform electrical work at the plastics company’s site. The
court held that the contractor’s discharge of two employees who sought to engage in
union activity was an unfair labor practice, in which the plastics company participated
and for which it was also liable where an officer of the plastics company ordered the
two employees off the premises and told them that they were fired, and repeating the
same to the contractor’s manager thereby forcing the contractor to not allow them to
return to work unless they refrained from organizing. The fifth circuit held as follows:
‘An employer violates (Sections 8(a)(3) and (1)) when it directs, instructs, or
orders another employer with whom it has business dealings to discharge,
layoff, transfer, or otherwise affects the working conditions of the latter’s
employees because of the union activities of said employees.’ See Dews
Const. Corp., 231 NLRB 182, 183, n. 4 (1977) (citing cases), enforced, 578
F.2d 1374 (3rd Cir. 1978); Int’l Shipping Ass’n., Inc., 297 NLRB 1059, (citing
cases).
In the instant case the credited testimony reveals that work began at the
Trenton site in the fall of 2005. Doyle, an organizer for IBEW Local 269, visited the site
shortly after the project opened and met with Bayville part owner Tzaras, who also had
an ownership interest in Laser Electric. Doyle visited the site on multiple occasions,
most without an appointment, with his last solo visit in early March 2006. There were
no signs on the building proclaiming it was a hard hat area, or forbidding visitors from
entering. Doyle on occasion walked through the site and never saw anyone wearing a
hard hat, and Tzaras never said anything to Doyle about not wearing a hard hat. Doyle
_________________________
concluded that Tzaras used the word union in the exchange as they testified, and that Elenis
specifically told Dill that he was fired.
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did not attempt to organize Tzaras’ employees. Rather, he sought to convince Tzaras
to sign a letter of assent, which Doyle referred to as top down organizing. Tzaras
never signed the agreement and never recognized Local 269 for his employees.
Master 2 began performing plumbing work at the Trenton site in January 2006.
Tighe found a newspaper ad run by Master 2 listing a phone number and seeking
plumbers for the Trenton site. Tighe referred the ad to Dill and Stokes who applied for
jobs with Master 2. Dill was hired by Master 2 on February 6, and Stokes was hired
around that time. On February 8, Tighe sent a fax to Elenis at Master 2’s fax number
stating that Dill was a paid organizer and Stokes was a volunteer organizer for Local 9
and that they would be organizing Elenis’ employees at his New Jersey jobs.17
Dill was aware the fax was sent and started talking to Master 2’s employees
about the Union shortly after he began working there. He also started wearing a union
tee shirt with a large Local 9 decal on the back at the site. Dill wore the tee shirt over a
sweat shirt, which also contained a smaller union insignia on the front. Elenis told Dill,
during a phone conversation, that Bernstein was Dill’s foreman. Bernstein gave Dill his
assignments and advised Dill of his lunch and break times.18 Bernstein saw Dill
wearing the union tee-shirt, and joked with Dill throughout his employment by asking
Dill, “Is this how the union guys do it?” I infer that Bernstein discussed Dill’s pro-union
status with Elenis, as Elenis was involved with Master 2’s assignments on the project
as demonstrated by the sequence of events on March 14. Dill also credibly testified
that Bernstein told Dill that a communication had come into the office, which I infer was
related to Tighe’s fax informing Elenis of Dill’s union status. In this regard, the
circumstances support such an inference, and Respondents have placed no other
evidence on the record that any other communication was received relating to Dill.19
Tighe called Master 2’s phone number four or five times and during most of
these calls Tighe introduced himself as "Tom Tighe from Local 9 Plumbers and
Pipefitters,” stating that he would like to talk to the owner of Master 2. Elenis never
came to the phone. Tighe called Master 2 again on March 6, and left his message with
the secretary. That same day Tighe received a call from Fakiris.20 Fakiris said he was

17 Tighe’s February 8, fax shows that it was successfully sent to Master 2’s fax number. For
reasons set forth in detail in the credibility section I have not credited Elenis’ claim that he did
not receive or was otherwise unaware of the fax. Moreover, I infer that he informed Fakiris and
Tzaras that the fax was sent. Since it is clear that they took an interest in union activity in the
building by their responding to Tighe’s subsequent phone message left for Elenis.
18 While Bernstein was not alleged in the complaint as an agent or supervisor of Master 2,
his status was litigated at the hearing. Bernstein was on loan to Elenis from Elenis’ brother’s
company. Elenis described Bernstein as a lead man. I find that, at a minimum, Bernstein was a
statutory agent of Master 2, as he was introduced to Dill by Elenis as Dill’s foreman, Bernstein
gave Dill all of his assignments, and he was the only representative of Master 2 that Dill saw at
the site until the day of Dill’s termination.
19 It is long been held that the Board will infer an employer's knowledge of union activities in
circumstances warranting such an inference. See Metro Networks, 336 NLRB 63 (2001), and
the cases cited therein.
20 Tighe testified the person calling introduced himself as George and Bayville owner
George Fakiris admitted to calling Tighe. For reasons set forth in the credibility section I have
credited Tighe’s version of the phone call over Fakiris. I have also concluded Elenis forwarded
Tighe’s phone message to Fakiris for response, which prompted Fakiris’ call to Tighe.
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with Master Plumbing and he wanted to know why Tighe wanted the owner. Tighe
responded he was interested in seeing if the Union could supply the owner with skilled
manpower for the Trenton site as Tighe was a union organizer. Fakiris said it was a
non union site, that they did not need unions and that they were going to do it non
union. Tighe said he would have to take any action that he could to organize the site.
Tighe’s credited testimony reveals that around 10 minutes later, a man who
introduced himself as Gus (Tzaras) called in an agitated state. Tzaras said, "Why are
you calling up my subs on the Trenton job and threatening them?" Tighe responded,
"I'm not threatening anybody." Tzaras asked why Tighe was trying to make this a
union job. Tighe responded he thought the subs could use union qualified personnel to
do a job of that magnitude. Tzaras said he wanted the correct spelling of Tighe’s name
and address so Gus could send him a “lawyer letter." Tzaras said, "You can't come
and mess up my job, I'm not going to allow you to do that." Tighe stated it was Tighe’s
business to find out everything he could about Tzaras’ business. Tighe refused to give
Tzaras the correct spelling of Tighe’s name and address stating Tzaras would have to
find that on his own. Tzaras repeated he was going to send Tighe “a lawyer letter."
Tighe told Tzaras to send “anything you want," and that when Tzaras found out where
Tighe was located Tighe would be glad to open the letter.
Dill credibly testified he worked along side Tzaras two days before Dill’s March
14 termination. Dill borrowed a ladder from Tzaras to enable Dill to mount a pipe. Dill
was wearing his union tee shirt at the time, with the insignia on the back of the shirt
exposed in plain view at the time he borrowed the ladder from Tzaras. He testified
Tzaras should have seen the shirt.
The credited testimony reveals that on March 14, during his morning break, Dill
received a call from Tighe who stated that Tighe and Doyle may be in the area of the
Trenton site around lunchtime and they may have some authorization cards for Dill to
have signed by Master 2 employees.
Tighe’s credited testimony reveals that on March 14: Tighe and Doyle entered
the building at the Trenton site through a plywood door shortly after noon. Tighe was
wearing a union button on the lapel of his jacket that was about an inch to and inch and
one half and read, “The state of New Jersey Local 9.” They walked up to the second or
third floor and then walked back down to the first floor. At that point, Tzaras, Elenis,
and another man were walking up the stairs. Tzaras then looked at them and said,
"What are you guys doing here? What are you doing in my house? How could you
come to my house?" Tighe said, "Look it, I don't know what you're getting so upset
for.” Tzaras started screaming at them and Tighe responded that, "We didn't do
anything wrong." Tighe said, "But if you want to come to my house and sit down and
have something to eat," that "I'd be more than welcome to invite you to my house."
Tzaras was irate and screaming and he said, "I can't believe you came into my
building, what are you doing here?"
Tighe’s credibly testified that: At that time, Tighe and Doyle were standing in
the hallway between the landings. Elenis was three or four stairs up and Tzaras was in
the entrance way to the hallway. Tzaras looked past Tighe and spoke to someone,
who when Tighe turned around he saw it was Dill. Tzaras said to Dill, “Why did you
invite them into my house? Why did you bring these union guys into my building?" Dill
was behind Tighe, Tzaras was in front of Tighe, Doyle was to Tighe’s right and Elenis
was two stairs up. Tighe told Tzaras that, "He did not bring us to the job site, we came
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on our own accord." Tzaras looked at Dill and said, "Well, you brought these union
guys into my house, you're fired."21 Tzaras looked at Elenis and told him, "I'm firing
your guy." Tighe asked Elenis if he was the owner of Master 2. Elenis said yes, and
Tighe asked Elenis if he was “going to let him fire your man?". While Tighe was talking
to Elenis, Dill was talking to Tzaras about Tzaras not being able to fire him. Tighe and
Dill asked Elenis almost simultaneously how he could let Tzaras fire Elenis’ employee.
Elenis responded Tzaras was the boss, if he fired Dill then he was fired.22 Tighe
testified the whole time Tzaras was screaming at Tighe and Doyle stating they had to
leave the job site, that they could not come into his house, and that if they did not leave
he would have them arrested. Tighe and Doyle left. Tighe, Doyle and Dill credibly
testified Dill did not raise his voice during his conversation with Tzaras. Tighe testified
Tzaras was doing all of the screaming and that neither Elenis, Tighe, nor Doyle raised
their voices during the exchange. Tighe testified the exchange with Tzaras was going
on for a minute to a minute and one half before Dill came around the corner.23
In sum, I have concluded that the General Counsel has made a prima facie
case under the Board’s Wright Line requirements that Tzaras fired Dill because of his
union activity. I also find that Elenis, Dill’s actual employer, was aware of the reasons
for the discharge, and that Elenis reiterated that Dill was discharged when Dill
protested Tzaras’ actions. Thus, I have concluded both Tzaras and Elenis were aware
of Dill’s union activity at the time of his discharge. Dill was hired by Elenis on February
6, and on February 8, Tighe faxed Elenis a letter stating that Dill was a paid union
organizer. I have discredited Elenis’ denial, and concluded that he received the fax
and was aware of its contents. I infer that Elenis informed Tzaras and Fakiris that the
fax had been sent. In this regard, Tighe made repeated calls to Elenis leaving
messages that Tighe was an organizer for Local 9. When Tighe made his final call on
March 6, Elenis referred that call to Fakiris for response. Thus, I have concluded that
Elenis likewise let the Bayville officials know when he received Tighe’s fax informing
Elenis of Dill’s union status. On March 6, Fakiris called Tighe and told him that it was a
non union site, that they did not need unions and that they were going to do it non
union. Tighe said that he would have to take any action that he could to organize the
site. Shortly thereafter, Tzaras called Tighe and asked him why he was calling and
threatening Tzaras subs. Tighe denied threatening anyone. Tzaras asked why Tighe
was trying to make it a union job and threatened to send Tighe a “lawyer letter.” During
the course of the job, Dill wore attire with Union insignia exposed in plain view.
Bernstein, who served as Dill’s foreman, joked with Dill about his union status, and
referenced the Tighe’s fax to Dill by telling him a mailing came in. I have concluded
that Bernstein discussed Dills’ union status with Elenis. On March 12, Dill was working
in close proximity to Tzaras with Dill’s union insignia visible. In fact, Dill borrowed a
ladder from Tzaras, and I have concluded that Tzaras was aware of Dill’s union attire.
Thus, I have discredited Tzaras and Elenis’ contention that they did not know Dill was a
union organizer at the time of his discharge.

21 Dill and Doyle confirmed that Tzaras told Dill he was fired during the exchange. Dill
credibly testified Tzaras told him that he brought these union guys in Tzaras house, that Dill was
a union guy, and that Dill was fired.
22 Dill confirmed that Elenis told Dill that if Tzaras told Dill he was fired, then he was fired.
Similarly, Doyle testified when Dill told Elenis that Tzaras had fired Dill that Elenis response was
that Tzaras could do what he wants that he is the boss.
23 Dill, Doyle, and Tzaras confirmed that Dill was not at the scene at the beginning of the
incident.
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On March 14, Tighe and Doyle entered the Trenton site during Dill’s lunch
break. They met up with Tzaras and Elenis in the stairwell. Elenis was a couple of
steps above the exchange and he testified he was there from the beginning. Upon
seeing Doyle, who Tzaras recognized as a union organizer, Tzaras stated, "What are
you guys doing here? What are you doing in my house? How could you come to my
house?" Tzaras started screaming at them and Tighe responded that, "We didn't do
anything wrong." Tzaras acknowledged, as Tighe, Doyle, and Dill credibly testified,
that Dill was not there for the start of the incident. However, upon hearing Tzaras
yelling, Dill arrived on the scene and Tzaras immediately accused Dill of inviting Tighe
and Doyle into the building stating to Dill, “Why did you invite them into my house?
Why did you bring these union guys into my building?" Tighe told Tzaras that, "he did
not bring us to the job site, we came on our own accord." Tzaras looked at Dill and
said, "Well, you brought these union guys into my house, you're fired." Tzaras looked
at Elenis and told him, "I'm firing your guy." Tighe and Dill asked Elenis how he could
let Tzaras fire Elenis’ employee. Elenis responded Tzaras was the boss, if he fired Dill
then he was fired. Tzaras’ assumption that Dill, who was a late arrival to the scene,
brought Tighe and Doyle into the building confirms he knew of Dill’s union status prior
to the incident. Tzaras statement also provides direct evidence that Dill was fired
because of his union activity.
I have credited Dill and Tighe’s testimony that Dill did not invite Doyle and Tighe
into the building. It was Dill’s understanding that, if they showed, Doyle and Tighe
would have arrived during Dill’s lunch break. As he testified, they could have called
him on his cell phone and he could have met them outside the building. Tighe testified
he entered the building on his own volition to see what was going on inside. Doyle
testified that they entered because they wanted to talk to people. Tighe evidenced
several independent acts in his efforts to organize Elenis’ employees. It was Tighe
who found Master 2’s ad for plumbers and who referred Dill there for work. Tighe
researched the Trenton site in terms of determining who filed for the state licensing
requirements, as well as the ownership interests in Master 2 and Bayville. Tighe made
multiple calls to Master 2 to obtain their fax number, and seeking to speak to the
owner. Tighe sent the February 8, fax to Master 2. Tighe also filed actions with
various government agencies concerning Master 2’s actions at the jobsite. It was
Tighe who took the initiative in making the call to meet with Dill on March 14. Given
the tenor of Tighe’s other actions, and the demeanor of the witnesses in their
testimony, I have credited Tighe and Dill, that Dill did not invite Tighe into the building,
and that Tighe entered on his own accord. Thus, I have concluded that solely due to
Dill’s union activity, Tzaras mistakenly assumed Dill invited Doyle and Tighe into the
building.24 I therefore find that Dill was discharged solely for his pro-union status.

24 In NLRB v. Burnup & Sims, 379 U.S. 21, 23, (1964), the Court held that an employer who
terminates an employee in the mistaken belief that misconduct occurred in the course of
protected activity violates the Act, even where the employer is acting in good faith on that
mistaken belief. See also Keco Industries, 306 NLRB 15, 17 (1992). I do not find here that
Tzaras even had a good faith belief that Dill invited Tighe and Doyle on the site. Tzaras
admitted that Dill did not arrive on the scene until after Tzaras confronted Tighe and Doyle.
Moreover, I have concluded it was Tzaras’ yelling that brought Dill to the incident. Aside from
the fact that Dill was a union adherent, Tzaras had no basis to conclude that Dill invited either
Doyle or Tighe into the building.
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I find the Respondents’ claims that Tzaras objected to Tighe and Doyle’s
entrance into the building due to safety concerns to be pretextual. For reasons set
forth in detail in the credibility section of this decision, I have not credited Tzaras or
Elenis’ testimony that Tzaras raised a safety concern to Tighe and Doyle. I have also
credited the testimony of Tighe, Doyle and Dill that they entered the building through a
plywood door and that on March 14 no signs were posted at the entrance banning
unauthorized personnel or requiring the wearing of hard hats. The credible testimony
reveals that neither Tzaras nor Elenis were wearing hard hats on March 14 at the time
of the incident. Dill and Stokes credibly testified that it was not the custom for
employees to wear hard hats when working in the building, and Doyle and Tighe
testified that they saw no one in the building wearing hard hats. Doyle testified that he
had entered the building several times in the past unannounced and without wearing a
hard hat, and that he had met with Tzaras with no objection to Doyle’s conduct. I find
that the difference there was that Doyle was seeking voluntary recognition for Local
209, and was not trying to organize Tzaras’ employees. Tzaras kept putting him off
without the need to sign a contract. Things changed concerning Tzaras’ attitude when
Tighe faxed a letter to Elenis announcing that Elenis had hired two union organizers,
and thereafter Tighe informed Fakiris on March 6 that Tighe would do everything he
could to organize the site. Fakiris informed Tighe that they wanted the site to remain
non-union, and his comments were followed shortly thereafter by an angry call from
Tzaras. Thus, Tzaras seeing two union officials at the site on March 14, who were
thereafter joined by Dill, brought Tzaras anti-union posture to a head. Respondents
had no posted rules against outside solicitation in written handbooks, and did not
enforce a policy concerning the wearing of hard hats. Tzaras allowed Doyle to enter
the building in the past without wearing a hard hat, and he only objected to Doyle’s
entering the building when he concluded there was an attempt being made to organize
the building’s employees.25
Accordingly, I have concluded that that Tzaras told Dill he was fired because of
his union activity. I also find that Elenis overheard the conversation in which Tzaras
fired Dill, and that Elenis confirmed that Dill was discharged for his union activity. I find
that through the conduct of Tzaras and Elenis that Bayville ordered Dill’s discharge and
Master 2 discharged him in violation of Section 8(a)(1) and (3) of the Act.26

25 Tzaras at one point testified that some of the buildings employees were organized. He
gave no specifics as to which employees or how this came about. Even if this is true, I do not
find this to undermine my determination that he sought to prevent further union activity in the
building. There was also testimony by Dill that he received a raise after Tighe faxed Elenis
notifying him that Dill was an organizer. However, as Dill testified, he was a good plumber and
Master 2 needed plumbers as they advertised for such after Dill was terminated. Moreover, it
was Bayville, not Master 2, that initiated Dill’s discharge and Master 2 knowingly ratified
Bayville’s conduct.
26 Since I have concluded that Dill did not invite Doyle and Tighe into the building, the issue
of the propriety of their being there is not before me. I have also concluded that the
Respondents had no signs posted or written policies precluding Doyle and Tighe’s admission,
and that Bayville had in the past tolerated Doyle’s access to the building, without his wearing a
hard hat, as long as he was not trying to organize the employees there. Here, both Tzaras and
Elenis were aware of attempts by Local 9 to organize site employees, which I have concluded
caused Tzaras to act strongly when he saw Doyle and Tighe on the site. The Board does not
condone the discriminatory enforcement of no access rules. See, Wild Oats Community
Markets, 336 NLRB 179, 180 (2001).
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CONCLUSIONS OF LAW
1. By causing Master 2 to discharge Joseph Dill, Jr., from a Bayville project on
March 14, 2006, for engaging in union activities, Respondent Bayville has violated
Section 8(a)(1) and (3) of the Act.
2. By discharging Joseph Dill, Jr., on March 14, 2006, for engaging in union
activities Respondent Master 2 has violated the Act.
REMEDY
Having found the Respondents have engaged in certain unfair labor practices, I find that
they must be ordered to cease and desist and to take certain affirmative action designed to
effectuate the policies of the Act. Respondent Master 2 having unlawfully terminated Joseph
Dill, Jr. on March 14, 2006, must offer him immediate and full reinstatement, to his former
position, or, if such job no longer exists, to a substantially equivalent position, without prejudice
to his seniority or other rights and privileges. Having also found that Respondent Bayville
caused Respondent Master 2 to discharge Dill, both Bayville and Master 2, jointly and severally,
shall be required to make him whole for any loss of earnings he has suffered as a result of such
discharge by payment to him of a sum equal to the amount he normally would have earned as
wages and other benefits from the date of his discharge to the date Respondent Master 2 offers
him reinstatement, less net earnings, in accordance with the formula set forth in F. W.
Woolworth Co., 90 NLRB 289 (1950), plus interest as computed in New Horizons for the
Retarded, 283 NLRB 1173 (1987).27
On these findings of fact and conclusions of law and on the entire record, I issue the
following recommended28
ORDER
A. Bayville Holdings, LLC, New Hide Park, New York (Respondent Bayville), its
officers, agents, successors and assigns shall:
1. Cease and desist from:
(a) Causing other employers to terminate employees from their projects for
engaging in union activities.
(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of
the Act:

27 I have recommended that Master 2, an employer in the construction industry, be required
to reinstate Dill. At the time of the hearing, work was still going on at Bayville’s Trenton jobsite.
Moreover, should that work terminate prior to the time of an offer of reinstatement, the parties
can litigate at the compliance stage of this proceeding whether Master 2 has a practice of
transferring employees from site to site as to whether Dill should be offered employment at
another location. See, Dean General Contractors, 285 NLRB 573 (1987).
28 If no exceptions are filed as provided by Sec. 102.46 of the Board’s Rules and
Regulations, the findings, conclusions, and recommended Order shall, as provided in Sec.
102.48 of the Rules, be adopted by the Board and all objections to them shall be deemed
waived for all purposes.
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(a) Jointly and severally with Master 2 & Plumbing and Heating, Inc., make
Joseph Dill, Jr. whole for any earnings and benefits he lost, plus interest as a result of
his discharge by Master 2 from a Bayville project on March 14, 2006.
(b) Inform Master 2 Plumbing & Heating, LLC, in writing, with a copy to
Joseph Dill, Jr., that it has no objection to Master 2 hiring Dill to work on Bayville’s
projects.
(c) Preserve and, within 14 days of a request, or such additional time as the Regional
Director may allow for good cause shown, provide at a reasonable place to be designated by
the Board or its agents, all payroll records, social security payment records, timecards,
personnel records and reports, and all other records, including an electronic copy of such
records if stored in electronic form, necessary to analyze the amount of back pay due under the
terms of this Order.
(d) Within 14 days after service by the Region, post at its Trenton, New Jersey, jobsite
copies of the attached notice marked “Appendix A.”29 Copies of the notice, on forms provided
by the Regional Director for Region22, after being signed by the Respondent's authorized
representative, shall be posted by the Respondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including all places where notices to employees are
customarily posted at its Trenton, New Jersey jobsite. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered, defaced, or covered by any other
material. In the event that, during the pendency of these proceedings, the Respondent Bayville
has gone out of business or closed its operations at the Trenton, New Jersey jobsite, the
Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current
employees and former employees employed by the Respondent at its Trenton jobsite at any
time since March 14, 2006.
(e) Within 21 days after service by the Region, file with the Regional Director a sworn
certification of a responsible official on a form provided by the Region attesting to the steps that
the Respondent has taken to comply.
B. Master 2 & Plumbing and Heating, Inc., Woodside, New York (Respondent
Master 2), their officers, agents, successors and assigns shall:
1. Cease and desist from:
(a) Terminating its employees for engaging in union activities.
(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following action necessary to effectuate the policies of the Act:
(a) Jointly and severally with Bayville Holdings, LLC, make Joseph Dill, Jr.
whole for any earnings and benefits he lost, plus interest as a result of his discharge by
Master 2 from a Bayville project on March 14, 2006.
(b) Within 14 days from the date of this Order, offer employee Joseph Dill, Jr., full
reinstatement to his former position or, if that position no longer exists, to a substantially
equivalent position, without prejudice to his seniority or any other rights or privileges previously
enjoyed, discharging any employee, if necessary.
(c) Within 14 days from the date of this Order, remove from its files any
reference to the unlawful termination, and within 3 days thereafter notify Dill in writing
that this has been done and that Master 2 will not use the termination against Dill in
any way.
(d) Preserve and, within 14 days of a request, or such additional time as the Regional

29 If this Order is enforced by a Judgment of the United States Court of Appeals, the words
in the notice reading “POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD”
shall read “POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES COURT OF
APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD.”
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Director may allow for good cause shown, provide at a reasonable place to be designated by
the Board or its agents, all payroll records, social security payment records, timecards,
personnel records and reports, and all other records, including an electronic copy of such
records if stored in electronic form, necessary to analyze the amount of back pay due under the
terms of this Order.
(e) Within 14 days after service by the Region, post at its Trenton jobsite where Dill
worked copies of the attached notice marked “Appendix B.”30 Copies of the notice, on forms
provided by the Regional Director for Region 22, after being signed by the Respondent's
authorized representative, shall be posted by the Respondent immediately upon receipt and
maintained for 60 consecutive days in conspicuous places including all places where notices to
employees are customarily posted at its Trenton, New Jersey jobsite. Reasonable steps shall be
taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any
other material. In the event that, during the pendency of these proceedings, the Master 2 has
gone out of business or ceased its operations at the Trenton, New Jersey jobsite, Master 2
Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current
employees and former employees employed by the Master 2 at its Trenton jobsite at any time
since March 14, 2006.
(f) Within 21 days after service by the Region, file with the Regional Director a sworn
certification of a responsible official on a form provided by the Region attesting to the steps that
the Respondent has taken to comply.
Dated, Washington, D.C. March 6, 2007
_______________________
Eric M. Fine
Administrative Law Judge

30 If this Order is enforced by a Judgment of the United States Court of Appeals, the words
in the notice reading “POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD”
shall read “POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES COURT OF
APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD.”
JD–16–07
Trenton, NJ
APPENDIX A
NOTICE TO EMPLOYEES
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 violated Federal labor law and has
ordered us to post and obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist any union
Choose representatives to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT cause other employers to discharge employees from our
projects for engaging in union activities.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce
employees in the exercise of the rights listed above.
WE WILL jointly and severally with Master 2 & Plumbing and Heating, Inc.,
make Joseph Dill, Jr. whole for any earnings and benefits he lost, plus interest as a
result of his discharge by Master 2 from a Bayville project on March 14, 2006.
WE WILL inform Master 2 Plumbing & Heating, LLC, in writing, with a copy to
Joseph Dill, Jr., that we have no objection to Master 2 hiring Dill to work on Bayville’s
projects.
BAYVILLE HOLDINGS, LLC
(Employer)
Dated By
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor
Relations Act. It conducts secret-ballot elections to determine whether employees want union representation and it
investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under
the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s
Regional Office set forth below. You may also obtain information from the Board’s website: www.nlrb.gov.
20 Washington Place, 5th Floor
Newark, New Jersey 07102-3110
Hours: 8:30 a.m. to 5 p.m.
973-645-2100.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST
NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS
NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S
COMPLIANCE OFFICER, 973-645-3784.
JD–16–07
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APPENDIX B
NOTICE TO EMPLOYEES
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 violated Federal labor law and has
ordered us to post and obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist any union
Choose representatives to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT discharge our employees for engaging in union activities.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce
employees in the exercise of the rights listed above.
WE WILL jointly and severally with Bayville Holdings, LLC, make Joseph Dill,
Jr., whole for any earnings and benefits he lost, plus interest as a result of our
discharging him from a Bayville project on March 14, 2006.
WE WILL offer employee Joseph Dill, Jr., full reinstatement to his former position or, if
that position no longer exists, to a substantially equivalent position, without prejudice to his
seniority or any other rights or privileges previously enjoyed, discharging any employee, if
necessary.
WE WILL remove from our files any reference to Joseph Dill, Jr.’s unlawful termination,
and notify him in writing that this has been done and that we will not use the termination against
him in any way.
MASTER 2 PLUMBING & HEATING, INC.
(Employer)
Dated By
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor
Relations Act. It conducts secret-ballot elections to determine whether employees want union representation and it
investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under
the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s
Regional Office set forth below. You may also obtain information from the Board’s website: www.nlrb.gov.
20 Washington Place, 5th Floor, Newark, New Jersey 07102-3110
Hours: 8:30 a.m. to 5 p.m. Phone 973-645-2100.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST
NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS
NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S
COMPLIANCE OFFICER, 973-645-3784.