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NLRB - IATSE 39 NewOrleans vs IBC+others

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Dave Farrier

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May 1, 1999, 3:00:00 AM5/1/99
to
Local 39, New Orleans, Louisiana:

Below is a summary of the recent decision received by President Short from the
NLRB's Administrative Law Judge, J. Pargen Robertson, regarding the long battle
between Local 39 and convention contractors involving exhibition work:

The ALJ found that Freeman Decorating, GES, and nine other New Orleans
convention contractors unlawfully discharged over 2,300 IATSE represented
employees, including the 357 picketers on July 22, 1997, unlawfully withdrew
recognition from Local 39, and unlawfully entered into agreements with the Carpenters
Union. The ALJ rejected the I.A.'s contention that a contract had been formed when
Local 39 subsequently called off the strike and accepted the employer's last offer, and
he denied I.A. General Counsel's motion to include in the case additional charges
concerning irregularities in the Carpenters' solicitation of authorization cards.

As a remedy, Judge Robertson ordered the employers to recognize and bargain
with Local 39, to reinstate and make whole all employees who were unlawfully
discharged, and to terminate their agreements with the Carpenters. It is estimated that
back pay presently owed by the employers exceeds $15 million, plus interest.

The employers will no doubt appeal this decision to the full Labor Board in
Washington, however, the I.A. will use the decision to bolster its pending request to the
Board's General Counsel that he immediately seek a §10(j) injunction against the
employers in federal district court. It is expected that the NLRB's General Counsel will
decide on the injunction request within a week, and if that decision is favorable to the
I.A. and Local 39, the case is further expected to be in Court within a month.


Dave Farrier
Head Carpenter - Dance Theatre of Harlem
IATSE Local 97 - Reading, PA

Donna Morris

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May 13, 1999, 3:00:00 AM5/13/99
to
Dave,could you private e-mail me the ful details on this, especially
anything concerning Freeman?Here in Dallas Freeman has a nasty little
habit of cutting people from their call when they get withim 100 hours
of making Member.With no excuse or anything. On one day alone Larry
Bland scratched off over 200 Permit Workers.They are now having to bring
in busloads of temps.to fill their call!LOL But I guess that they are
more qualified then all the App. and Journeymen we have. Thanks
Donna Morris I.B.P.A.T. #756

BBaker4583

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May 13, 1999, 3:00:00 AM5/13/99
to
Could you send the case number, please? I follow the NLRB decisions but missed
this one.
Thank you.

BBaker

Donna Morris

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May 14, 1999, 3:00:00 AM5/14/99
to
BBaker4583 wrote:
>
> Could you send the case number, please? I follow the NLRB decisions but missed
> this one.
> Thank you.
>
> BBaker
Strange how fast his initial post disappeared............
Donna

4justice

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May 15, 1999, 3:00:00 AM5/15/99
to
I don't know the case number, but as someone from local 39 told me the
day after the ruling came down, This will be one that is quoted for
the next 50 years.

Fred
Orlando
IATSE Local 835


Donna Morris

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May 15, 1999, 3:00:00 AM5/15/99
to
Maybe you could find somebody in alt.union.I.A.T.S.E. that could help.
Place seems pretty vacant though....

4justice

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May 15, 1999, 3:00:00 AM5/15/99
to
Freeman Decorating Company, et al. (Stage Employees Local 39) New
Orleans, LA March 31, 1999. 15-CA-14420-1, et al.; JD(ATL)-12-99,
Judge Pargen Robertson.

BBaker4583

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May 18, 1999, 3:00:00 AM5/18/99
to
Thank you Fred. I believe when quoting a decision of this magnitude, one
should always include the case number.

Now off I go to retrieve it.

Thanks again.


>Freeman Decorating Company, et al. (Stage Employees Local 39) New

>Orleans, LA March 31, 1999. 15-CA-14420-1, et al.+ADs- JD(ATL)-12-99,

BBaker4583

unread,
May 18, 1999, 3:00:00 AM5/18/99
to
>Freeman Decorating Company, et al. (Stage Employees Local 39) New
>Orleans, LA March 31, 1999. 15-CA-14420-1, et al.+ADs- JD(ATL)-12-99,
>Judge Pargen Robertson.
>
>
>Fred
>Orlando
>IATSE Local 835

I've searched the NLRB (and they do list the Administrative Law Judge
Decisions, if this is one,) but to no avail. -- No such case number. No such
decision on March 31, 1999.

I notice an attempt to cloud the issue by writing IBC instead UBC.

What is the IATSE trying to pull here? Why not reveal the link/case
number/slip number of such decision that all might look at the information
and all might substantiate IATSE's assertions?

BBaker

Fred and Diane

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May 19, 1999, 3:00:00 AM5/19/99
to
BBaker,

I copied the info from the NLRB website. This was the only thing I
could find on it, though I have seen a post on it, somewhere, that
listed more info. I'll have to look again tomorrow and see what I can
find.

Personal apologies.

Fred
just one of the rank and file

I was gonna ask where to get more info from you. (See your previous
post, the one before the last one.)


Lawless

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May 20, 1999, 3:00:00 AM5/20/99
to
There's nothing to hide. Judge Robertson entered a terrific decision: he
ordered over 2300 IA referral hall members back to work with full back pay.
He even threw in the 357+ picketers whom the government tried to keep out of
the case. Back pay is enormous.

The NLRB simply does not post ALJ decisions on its website. If you want to
read the decision, contact IA President Tom Short's office and request a
copy. Or contact Curtis Wells, Regional Director, NLRB Region 15 in New
Orleans.

Don't get too excited, though. Only 40% of ALJ decisions are upheld by the
full Board (that's why they're not posted), and the employers have already
appealed. Even assuming the Board rules in the IA's favor, the employers
will appeal to a Circuit Court. Nevertheless, the Union thinks its got a
winner here.

The real story in this case is the exposure of the corrupt Carpenters Union.
They broke the IA strike by signing a deal with the employers to take the
IA's convention work, and then they crossed the IA picket lines! Since
then, they've gotten millions in coerced dues and benefit fund contributions
from the employers. But if the IA wins, the Carpenters will have to crawl
back into their stinking holes and get to pay for the privilege.

BBaker4583

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May 20, 1999, 3:00:00 AM5/20/99
to
My motive -- If this is true I want to inform UBC members of the ruling. The
members deserve the right to know, in my opinion. I mean no personal offense
toward you or the IATSE specifically or in general.

>The NLRB simply does not post ALJ decisions on its website. If you want to
>read the decision, contact IA President Tom Short's office and request a
>copy. Or contact Curtis Wells, Regional Director, NLRB Region 15 in New
>Orleans.
>

Upon request for this info from IATSE Intl, a very irate Rep called and spoke
very unbusinesslike, but finally said he would fax the info "immediately" but
never did.

The NLRB web site doesn't list the text of the ALJ Decisions but they do list
the fact that such decisions were made.
I finally found the case --


Freeman Decorating Company, et al. (Stage Employees Local 39) New Orleans, LA

March 31, 1999. 15-CA-14420-1, et al.; JD(ATL)-12-99, Judge Pargen Robertson.

I have since requested a copy of the decision.

Thank you for your response.

BBaker

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