J. Pizzirusso Landscaping Corp.

National Labor Relations Board - Board Decisions

Nov 13, 2014

29-RC-126256 (N.L.R.B. Nov. 13, 2014)

1
Brooklyn, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
J. PIZZIRUSSO LANDSCAPING CORP.
Employer
and Case 29-RC-126256
LOCAL 1010 HIGHWAY ROAD AND
STREET CONSTRUCTION LABORERS
UNION, LABORERS INTERNATIONAL
UNION OF NORTH AMERICA, AFL-CIO
Petitioner
and
LOCAL 175, UNITED PLANT AND
PRODUCTION WORKERS, INTERNATIONAL
UNION OF JOURNEYMEN AND ALLIED
TRADES
Intervenor
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered
determinative challenges and an objection to an election held on May 15, 2014, and the Regional
Director’s report recommending disposition of them. The election was conducted pursuant to a
Stipulated Election Agreement. The revised tally of ballot shows 8 for the Petitioner and 14 for
the Intervenor, with 7 challenged ballots, a number sufficient to affect the results.
The Board has reviewed the record in light of the exceptions and brief, has adopted the
Regional Director’s findings and recommendations,1 and finds that a certification of
representative should be issued.

1 The Regional Director directed a hearing with respect to the 4 ballots challenged by the Petitioner and
recommended sustaining the challenges to 7 ballots challenged by the Board Agent conducting the
2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the ballots have been cast for Local 175, United
Plant and Production Workers, International Union of Journeymen and Allied 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 and 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 and 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 Gardener Growers Association. Maintenance and protection of
traffic safety for all work sites.
All other General Construction work related to asphalt and concrete paving.
Safety watchman 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 the Landscape Gardener Growers
Association, all cement finishing work under the jurisdiction of Operative

election. Subsequently, the Petitioner withdrew its 4 challenges, and these 4 ballots were opened,
counted, and included in the revised tally of ballots.
3
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., November 13, 2014.
_____________________________________
Mark Gaston Pearce, Chairman
_____________________________________
Philip A. Miscimarra, Member
_____________________________________
Kent Y. Hirozawa, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD