Dragonetti Brothers Landscaping

National Labor Relations Board - Board Decisions

Jul 2, 2014

29-RC-126285 (N.L.R.B. Jul. 2, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DRAGONETTI BROTHERS LANDSCAPING
Employer
and
LOCAL 1010 HIGHWAY ROAD AND
STREET CONSTRUCTION LABORERS
UNION, LABORERS INTERNATIONAL
UNION OF NORTH AMERICA, AFL-CIO
Petitioner
Case 29-RC-126285
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board has considered objections to an election held
May 13, 2014, and the Regional Director's report recommending disposition of them. The
election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots
shows 5 ballots cast for the Petitioner, 19 ballots cast for the Intervenor,1 and 1 ballot cast
against the participating labor organizations. There were 11 challenged ballots, an
insufficient number to affect the results.
No exceptions have been filed to the Regional Director's report within the time
provided. Accordingly, the Board adopts the Regional Director's findings and
recommendations, and finds that a certification of representative should be issued.2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for Local 175,
United Plant and Production Workers, International Union of Journeymen and Allied

1
Local 175, United Plant and Production Workers, International Union of Journeymen and Allied
Trades
2
The Regional Director recommended that the Petitioner’s objections be overruled in their entirety.
Trades and that it is the exclusive collective-bargaining representative of the employees in
the following appropriate unit:
All laborers performing asphalt paving and concrete work including but not limited
to Site and Ground Improvement, Utility, Paving and Road Building Work as
defined as: preparing for and performing all types of asphalt paving and concrete
paving work, slurring including methacrylate and other similar materials and milling
of streets and roads, and all other preparation work involved to prepare for
resurfacing and to operate small power tools, operate all equipment necessary to
install all types of resurfacing including sandblasting, chipping, scrapping of all
materials, install and repair fences and all incidental work thereto to continue into
parks, plazas, malls, housing projects, playgrounds said work including but not
limited to public highways roads and bridges; including, but not limited to the
digging of trenches, cable pulling, duct installation, and all subsequent work prior
to final paving.
All asphalt slurry (protective polymer) restoration work, including all preparation for
slurry and all bridges, temporary asphalt paving necessary on streets, sidewalks
and private property and federal, city, local and state roads subsequent to subway,
sewer, water main, duct line construction and other similar type jobs.
Any laboring work related to the preparation, maintenance, cleanup, installation
and removal of play equipment, slurry/seal-coating, line striping, and saw cutting
not related to work performed by Local 175 under the landscape agreement with
the Landscape Gardner Growers Association. Maintenance and protection of
traffic safety for all work sites.
All other General Construction work related to asphalt and concrete paving.
Safety watchmen who perform signaling in connection with the handling of
materials, watchmen on all construction sites, traffic control and all elements to
ensure a safe work environment.
But excluding all work as covered by Article 1, Section 3 of the Local 175 IUJAT
Collective Bargaining Agreement with Landscape Gardener Growers Association,
all cement finishing work under the jurisdiction of Operative Plasterers and Cement
Masons International Association of the United States and Canada, Cement
Masons Union #780, all clerical workers, guards and supervisors as defined in
Section 2(11) of the Act.
Dated, Washington, D.C., July 2, 2014
By direction of the Board:
Farah Z. Qureshi
______________________________
Associate Executive Secretary