United Construction Contractors Association

UNITED CONSTRUCTION CONTRACTORS ASSOCIATION 767 United Construction Contractors Association and Lo- cal Union No. 3, International Brotherhood of Elec- trical Workers, AFL-CIO, Petitioner. Case 2-RC- 16244 August 6, 1974 SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION BY MEMBERS JENKINS, KENNEDY, AND PENELLO On April 12, 1974, the Board issued a Decision and Order in this proceeding,' finding, inter alia, that a multiemployer bargaining unit was appropriate. However, because the identity of the members of the Association comprising the unit could not be ascer- tained from the record, the Board ordered the case remanded to Region 2 for further proceedings to de- termine the composition of the associationwide unit. Pursuant to that order, further hearing was held on May 3, 1974, before Hearing Officer Howard Shapiro at New York, New York. At the close of that hearing, and pursuant to Section 102.67 of the Board's Rules and Regulations and Statements of Procedure, Series 8, as amended, the Regional Director for Region 2 transferred the case to the Board for decision. There- after the Employer and the Petitioner filed briefs. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has reviewed the Hearing Officer's rul- ings made at the hearing and finds that they are free from prejudicial error. The rulings are hereby af- firmed.' i United Construction Contractors Association, 210 NLRB 61 (1974) 2 Before and during the hearing , Employer raised the issue of Petitioner's qualification for certification , contending that Petitioner discriminates on the basis of sex and race in an effort to pursue this issue, Employer served a subpoena duces tecum on Petitioner , requesting the production of certain documents relating to Petitioner's membership The Hearing Officer granted Petitioner's motion to quash the subpena On the basis of the position taken by each of us in Bekins Moving & Storage Co of Florida, Inc, 211 NLRB No 7 (1974), we affirm this ruling Upon the entire record in this case, the Board finds: The disagreement over the composition of the ap- propriate unit which existed at the time of the original hearing appears to have been resolved by the finding in our earlier decision that Tab Electric, Inc., had effectively withdrawn from the associationwide bar- gaining unit. The parties now appear to be in agree- ment that those members of the Employer whose names are listed on Board Exhibit 6, excluding Tab Electric, Inc., but including Alco Electric Co.,' repre- sent the membership at the time of the original hear- ing whose employees would belong in a multiemploy- er bargaining unit such as has been found appropriate. The record of the further hearing shows no change in the composition of such membership. In the circumstances and in accord with the parties' agreement on the composition of the unit as revealed by this record, we shall direct an election in the mul- tiemployer bargaining unit heretofore found appro- priate.4 [Direction of Election and Excelsior footnote omit- ted from publication.] J While the name of Alco Electric Co does not appear on Board Exhibit 6, the parties agree to its inclusion The individual employers whose employees are included in the unit are Able Electric Shop, Alco Electric Co , Asco Maintenance Corp ; Atlas Reid Inc , Cheltenham Electronics Corp , D T & S Construction Co., Inc , Emm Electric Co , Inc , Paul Guthertz, inc , I K Electric Inc , J K Electric, Joseph P Tuzzolo Co Inc , K L M Electric Contr Inc , Kingsway Electric Corp , Mercury Elec., Robert J. Kelly inc , Konsker Construction Corp , Pantel Contracting Corp , A Picoult, Ram Electrical Contr & Ser Co ; I Rothstein & Hoffman Electric Ser , Frank J Roublich, Surf-Hunter Electric Co Inc , James F Volpe Electric Co , Zip Electric Co Inc, W. T Hickey Corp , Unity Electric, Damar Electric Corp , Expert Electric Inc., Five Star Electric Co , Gary Electric, Grand Electric Ser , Corp , Heller Electric Com- pany, Hendrix Electric Inc , K & T Electric Co , Inc , L F Elec'l Contrac- tors, M J. R Electric, Palermo Electric, Phase 11 Electric, See-Us Electric Co , Seymour Elec Serv Inc . S G Electric Co, Inc , Spaceguard Electric, Russell Vensk, inc , Adequate Power & Heat Corp , Alburdan Electric Co., Argano Electric Corp , Bisantz Electric Co, inc , AMS Electric; Bixson Electric Inc , Robert E Burden, Darby Electric Corp , Eugene lovene Inc , H K Electric Co , Jubilee Electric Corp , Leone Electric Corp , Raymor Electric Corp , Surrey Electric Co , Gilston Elec , Hunts Point Elec Wiring Set ; LoBello Electric, Roberts Electric Co , inc , J A Tramantano; Trophy Electric Co, Inc. Wickham Contrg , Al-Wes Electric, S Davis Corp, Excel- lo Electric, Jawitz Electric, John St Electric Co , inc , Master Electric Co ; Lenco Elec Serv , Inc , Paul Mock, Inc , Schneider Electric Co, Inc , Hylan Electric Co , Inc , A C Electric Petitioner's contention that, upon a victory in the election in this unit, it ought to be certified as representative of the Association members individu- ally, as well as for the group, has no merit 212 NLRB No. 127