H & M Plumbing and Mechanical Contracting, Inc.

National Labor Relations Board - Board Decisions

Jun 25, 2014

03-CA-107687 (N.L.R.B. Jun. 25, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
H & M PLUMBING AND
MECHANICAL CONTRACTING, INC.
and Cases 03-CA-107687
03-CA-111923
LABORERS INTERNATIONAL UNION OF 03-CA-112628
NORTH AMERICA, LOCAL UNION NO. 210
DECISION AND ORDER
Statement of the Cases
On May 19, 2014, H & M Plumbing and Mechanical Contracting, Inc. (the
Respondent), Laborers International Union of North America, Local Union No. 210 (the
Union), and the General Counsel of the National Labor Relations Board entered into a
Formal Settlement Stipulation, subject to the Board’s approval, providing for the entry of
a consent order by the Board and a consent judgment by any appropriate United States
Court of Appeals. The parties waived all further and other proceedings before the
Board to which they may be entitled under the National Labor Relations Act, as
amended, and the Board’s Rules and Regulations, and the Respondent waived its right
to contest the entry of a consent judgment or to receive further notice of the application
therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following:
Findings of Fact
1. The Respondent’s business
At all material times, the Respondent has been a corporation with an office and
place of business located in Buffalo, New York (Respondent’s facility), and has been a
plumbing contractor in the construction industry providing a variety of professional
residential and commercial plumbing services.
2
Annually, the Respondent, in conducting its operations described above,
purchases and receives at its Buffalo, New York facility goods valued in excess of
$50,000 directly from points outside of the State of New York.
At all material times, the Respondent has been an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
At all material times the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent (the unit) constitute a unit
appropriate for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act:
All employees who perform or who are hired to perform any of [the]
services covered by Article II, Jurisdiction, in the 2007-2012 collective-
bargaining agreement, excluding all other employees, including plumbers,
drivers, operating engineers, clerical employees, guards and supervisors
as defined by the Act.
At all material times until June 30, 2012, the Respondent, an employer engaged
in the building and construction industry, recognized the Union as the exclusive
collective-bargaining representative of the unit without regard to whether the Union’s
majority status had ever been established under Section 9(a) of the Act. Such
recognition was embodied in successive collective-bargaining agreements, the most
recent of which was effective from July 1, 2007 through June 30, 2012.
At all material times until June 30, 2012, based on Section 9(a) of the Act, the
Union was the limited exclusive collective-bargaining representative of the unit.
On September 27, 2012, the Board certified the Union as the exclusive
collective-bargaining representative of the unit.
At all times since September 27, 2012, based on Section 9(a) of the Act, the
Union has been the exclusive collective-bargaining representative of the unit.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board orders that the Respondent, H & M
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Plumbing and Mechanical Contracting, Inc., Buffalo, New York, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Refusing or failing to provide information requested by Laborers International
Union of North America, Local 210 that is necessary for and relevant to its duties as the
exclusive bargaining agent of a unit of employees at the Respondent.
(b) In any like or related manner interfering with employees’ rights under Section 7
of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) The Respondent agrees that it will supply the information identified in the
attached Appendix A within thirty (30) days of the effective date of this Settlement
Stipulation.
(b) Within 14 days of service by the Region, post at its Military Road location a
copy of the attached Notice to Employees marked “Appendix B.” Copies of the Notice,
on forms provided by Region 3, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and maintained for 60 consecutive
days in conspicuous places, including all places where notices to employees are
customarily posted.
(c) Within 21 days after service by the Region, file with the Regional Director a
sworn certification by a responsible official on a form provided by Region 3, attesting to
the steps that the Respondent has taken to comply.
Dated, Washington, D.C., June 25, 2014.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Phillip A. Miscimarra, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
1. As requested on May 29, 2013, a list of all jobs performed by H&M Plumbing &
Mechanical Contracting, Inc. (H&M) in 2013, and for each job listed:
A. A complete description of the scope of the work involved;
B. A list of all employees, including job titles, hours worked, and union
affiliation, if any.
2. As requested July 3, 2013, a list of all jobs that were not awarded to H&M for the
last two (2) years, including:
A. The reason(s) why H&M did not receive the job, if known;
B. The company that was awarded the job, and reason(s) why they were
awarded the job, if known;
C. The difference in estimated cost between company awarded the job
and H&M's bid on the project.
3. As requested on July 3, 2013, a list of all jobs and/or bids, if any, from which
H&M was removed, if any, over the last two (2) years, and the reason(s) why
H&M was removed.

4. As requested on July 3, 2013, a list of all jobs H&M did not receive because of
customers' stated concerns over possible labor disputes between the Local 210
and the Plumbers' Union, or between any other labor organizations, if any.
5. As requested on August 16, 2013, copies of all addenda to the collective
bargaining agreement between H&M and Local 22, including all memoranda of
agreement, memoranda of understanding and similar/related documents
between H&M and Local 22.
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APPENDIX B
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER AND A
CONSENT JUDGMENT OF ANY APPROPRIATE UNITED STATES COURT OF
APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
 Form, join, or assist a union;
 Choose a representative 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 do anything to prevent you from exercising the above rights.
WE WILL NOT refuse to provide the Union with information that is relevant and
necessary to its role as your bargaining representative.
WE WILL NOT in any like or related manner, interfere with your rights under Section 7
of the Act.
WE WILL respond to the Union’s May 29, July 3, and August 16, 2013 information
requests.
WE WILL provide the Union with the information as outlined in Appendix A of the
Formal Settlement Agreement.
H & M PLUMBING AND MECHANICAL
CONTRACTING, INC.
___________________________
(Employer)
Dated:__________________By:__________________________________________
(Representative) (Title)