IRON WORKERS LOCAL 401 (HAGEN CONSTRUCTION)

National Labor Relations Board - Board Decisions

Feb 6, 2014

04-CB-108655 (N.L.R.B. Feb. 6, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
IRONWORKERS LOCAL UNION 401
and Case 04-CB-108655
HAGEN CONSTRUCTION, INC.
DECISION AND ORDER
Statement of the Case
On September 18, 2013, Ironworkers Local Union 401 (the Respondent), Hagen
Construction, Inc. (the Charging Party), 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 Employer’s business
Hagen Construction, Inc., a Pennsylvania corporation based in Bensalem,
Pennsylvania, has been engaged in general commercial construction.
In conducting its business operations in the past year, Hagen Construction, Inc.
performed services valued in excess of $50,000 outside the Commonwealth of
Pennsylvania.
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At all material times, Hagen Construction, Inc. 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
The Respondent is a labor organization within the meaning of Section 2(5) of the
Act.
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, Ironworkers Local Union 401, Philadelphia, Pennsylvania, its
officers, agents and representatives shall
1. Cease and desist from:
(a) Restraining or coercing employees of Hagen Construction, Inc. in the exercise
of the rights guaranteed in Section 7 of the National Labor Relations Act, as amended,
by (1) threatening employees with unspecified violence, (2) threatening employees with
specific violence, including threats to throw employees down a stairwell, (3) removing
tools, equipment and materials used by employees and scattering them about
employees’ work areas, and (4) blocking employees from accessing their work areas.
(b) In any like or related manner restraining or coercing employees of Hagen
Construction, Inc. in the exercise of the rights guaranteed in Section 7 of the National
Labor Relations Act, as amended.
2. Take the following affirmative action necessary to effectuate the policies of
the Act:
(a) Ensure that during the period starting on the date of issuance of a Board Order
in this matter and continuing for six months, City Business Agent Edward F. Sweeney
will refrain from entering or remaining at any jobsite where employees of Hagen
Construction, Inc. (Hagen) are performing services, when Edward F. Sweeney knows,
should know, or is advised that Hagen’s employees are performing services at the site.
(b) Within 14 days of service by the Region, post at the Respondent’s business
office in Philadelphia, Pennsylvania copies of the attached Notice marked “Appendix A.”
Copies of the Notice, on forms provided by Region 4, after being signed by the
Respondent’s authorized representative, shall be posted by the Respondent and be
maintained for 60 consecutive days in conspicuous places, including all places where
notices to employees and members are customarily posted. In addition to the physical
posting of paper Notices, the Respondent shall distribute the Notice electronically, by
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email, posting on an intranet or internet site, or by other electronic means, if the
Respondent customarily communicates with employees and members by such means.
The Respondent will take reasonable steps to ensure that the Notices are not altered,
defaced, or covered by any other material.
(c) Mail to the Regional Director for Region 4 six (6) signed copies of the Notice
for posting, if Hagen is willing, at Hagen’s office in Bensalem, Pennsylvania in the
places where notices to employees are customarily posted. Copies of the Notice, on
forms provided by the Regional Director for Region 4, after having been signed by the
Respondent’s representative, shall be forthwith returned to the Regional Director for
such posting by Hagen.
(d) 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. February 6, 2014
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Philip A. Miscimarra, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO EMPLOYEES AND MEMBERS
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 your employer 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 threaten employees of Hagen Construction, Inc. with specified or
unspecified physical violence, block them or attempt to interfere with their work or
access to their work areas, or scatter their tools, equipment or materials to prevent them
from working.
WE WILL NOT in any like or related manner restrain or coerce you in the exercise of
the rights listed above.
WE WILL ensure that, during the period starting on the date of issuance of a Board
Order in this matter and continuing for six months, our City Business Agent Edward F.
Sweeney will refrain from entering or remaining at or on any jobsite where employees of
Hagen Construction, Inc. are performing services, when Edward F. Sweeney knows,
should know, or is advised that Hagen’s employees are performing services at the site.
IRONWORKERS LOCAL UNION 401
(Labor Organization)