Carpenters 46 Conference Board (Arntz Contracting)

CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) Carpenters 46 Northern California Counties Confer- ence Board, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, et al. and Arntz Contracting Co., et al. Cases 32-CC-699, et al. 21 November 1985 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS DENNIS AND BABSON STATEMENT OF THE CASES On 29 April 1985 Carpenters 46 Northern Cali- fornia Counties Conference Board, United Brother- hood of Carpenters and Joiners of America, AFL- CIO; Bay Counties District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Sacramento Area District Council of Carpenters, United Brotherhood of Car- penters and Joiners of America, AFL-CIO; Santa Clara Valley District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; United Brotherhood of Car- penters and Joiners of America, AFL-CIO, Car- penters Locals 35, 36, 162, 180, 316, 58.6, 642, 848, 1235, 1280, 1408, 1418, 1622, 1869, 2006, and 2046; Construction and General Laborers Union Local 185, Laborers' International Union of North Amer- ica, AFL-CIO (collectively the Respondents); Arntz Contracting Co.; Empire Builders, Inc.; Pon- derosa Homes; Kaufman and Broad of Northern California, Inc.; Presley of Northern California, inc.; Centex Homes of California, Inc.; Warming- ton Homes; Crocker Homes, Inc.; Broadmoor Homes Northern, a Division of Genstar Develop- ment, Inc.; Donald L. Bren Company; Mallard Construction; W.S.I. Builders, Inc.; Samson Con- struction Company; Anden Group, Northern Cali- fornia; The Luckey Company d/b/a Luckey De- velopment, Inc.; Combee Construction Co., Inc.; Leland E. Burns, Inc.; MacDonald Interests, Inc.; C. R. Fedrick, Inc.; E.M.L. Development; Save Mart Stores d/b/a Food Bank; Western Las Posi- tas, Inc.; Largo Industries;, Public Storage, Inc.; K. 0. Swanson & Co., Inc.; D & S Company, a Wrather Subsidiary; Panattoni, Oates & Massie De- velopment; Alford Construction, Inc.; M.T.A., inc.; Stoddard Construction Co.; H. C. Elliott, Inc.; Home Savings of America, Inc.; Goldrich and Kest, Inc.; Donald Chaiken, et al., a Limited Part- nership d/b/a Davidon Homes; Pacific Scene, Inc., Daniiel Benvenuti, Inc., d/b/a D. Benvenuti Com- pany; D.R.W. Construction, Inc.; M. Timm, Inc.; Dave Altman d/b/a Altman's; Dave G. Cader d/b/'a Cader Construction; Tom McClure d/b/a Nathan Construction; Ticon Construction, Inc.; 277 NLRB No. 30 607 Modulaire Industries, Inc.; EGS Metro Construc- tion Corporation; Rhodes Corporation d/b/a Shea Homes; Cozad Construction Company; The Lottie Corporation; and Young America Builders, Inc. (collectively the Employers); and the General Counsel of the National Labor Relations Board en- tered into a Settlement Stipulation, approved by the administrative law judge, 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 procedure before the Board to which they may be entitled under the National Labor Relations Act and the Board's Rules and Regulations, and the Respond- ents waived their right to contest the entry of a consent judgment or to receive further notice of the application therefor. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Settlement Stipulation is approved and made a part of the record, and the proceeding is trans- ferred to and continued before the Board in Wash- ington, D.C., for the entry of a Decision and Order pursuant to the provisions of the Settlement Stipu- lation. On the basis of the Settlement Stipulation and the entire record, the Board makes the following 1 i Chairman Dotson notes that a proposed settlement of these issues was previously before the Board most recently in Carpenters 46 (Arntz Contracting), 274 NLRB 1105 (1985). The Board (Member Dennis dis- senting) rejected the previous settlement proposal in that decision. The parties continued negotiations in the light of the Board's stated reasons for rejection of the first proposal At various dates between 17 and 29 April 1985 the parties, including the General Counsel, subscribed to the results of these additional negotiations in the form of the Settlement Stip- ulation in this case This agreement was submitted to the Board on 25 July. All parties have affirmatively subscribed to this agreement, there are no "sidebar" agreements covering cases now pending before the Board or the court of appeals , and there appear to be no allegations of the continu- ation of similar misconduct Cf. Carpenters 46, supra Additionally, Chair- man Dotson notes (1) that while the Respondents may at -various dates in the future petition the appropriate court of appeals for modification of the court decree to be entered in this case, that decree will be extant and enforceable until such time as the Respondents demonstrate to the issuing court that changed circumstances require a modification of the court's decree (the previous agreement set time limits on the viability of any court decree entered in accord with its terms), and (2) that this Settle- ment Stipulation contains a nonadmission clause of a limited type which does not, as did an analogous provision in the rejected agreement, pre- vent use of this agreement for certain delimitated purposes by the Gener- al Counsel in future proceedings before the Board or a court. In sum, Chairman Dotson considers the differences between the prior proposal and this one to be of sufficient moment to justify the approval of this agreement His comments here are not designed to, nor do they, constitute any addition to or alteration of the Settlement Stipulation. Par. 13 of the Settlement Stipulation states "This Stipulation contains the entire agreement between the parties, there being no binding agreement of any kind, verbal or otherwise, which varies, all ers or adds to it " 608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE EMPLOYERS' BUSINESS At all times material herein, Arntz Contracting Co. (Arntz), a California corporation with its prin- cipal place of business in Novato, California, has been engaged in business operations as a general contractor. During the 12-month period ending 30 June 1983, Arntz, in the course and conduct of its busi- ness operations described above , performed build- ing and construction services valued in excess of $500,000 for the United States Army at the Presid- io, San Francisco, California. During the 12-month period ending 30 June 1983, Arntz, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 directly from points located outside the State of California. At all times material herein, Ponderosa Homes (Ponderosa), a California partnership with its prin- cipal place of business in San Ramon , California, has been engaged in the business of general devel- oper and seller of residential homes. During the 12-month period ending 30 June 1983, Ponderosa, in the course and conduct of its business operations described above , derived gross revenues in excess of $500,000. During the 12-month period ending 30 June 1983, Ponderosa, in the course and conduct of its business operations described above , purchased and received goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Empire Builders, Inc. (Empire), a California corporation with its principal place of business in San Carlos , Califor- nia, has been engaged as a contractor in the con- struction industry. During the 12-month period ending -30 June 1983, Empire performed services valued in excess of $50,000 for Ponderosa Homes. At all times material herein , Centex Homes of California, Inc. (Centex),_ a California corporation with its principal place of business in San Ramon, California, has been engaged in business operations as a general developer of, and seller of, residential homes. During the 12-month period ending 30 June 1983, Centex, in the course and conduct of its busi- ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1983, Centex, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein , Kaufman and Broad of Northern California, Inc. (Kaufman), a Califor- nia corporation with its principal place of business in Dublin, California, has been engaged in business operations as a general developer of, and seller of, residential homes. During the 12-month period ending 30 June 1983, Kaufman, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the 12-month period ending 30 June 1983, Kaufman, in the course and conduct of its business operations described above, purchased and received goods and materials valued in excess of $5000 which originated from points outside the State of California. - At all times material herein , Presley of Northern California, Inc. (Presley), a California corporation with its principal place of business in Walnut Creek, California, has been engaged in business op- erations as a general developer of, and seller of, residential homes. During the 12-month period ending 30 June 1983, Presley, in the course and conduct of its busi- ness operations described above , derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1983, Presley, in the course and conduct of its busi- ness operations described above , purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Broadmoor Homes Northern, a Division of Genstar Development, Inc. (Broadmoor), a New York corporation with its principal place of business in Dublin, California, has been engaged in business operations as a gener- al developer of, and seller of, residential homes. During the 12-month period ending 30 June 1983, Broadmoor, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the 12-month period ending 30 June 1983, Broadmoor, in the course and conduct of its business operations described above, purchased and received goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Donald L. Bren Company (Bren), a California corporation with its principal place of business in San Ramon , Califor- nia, has been engaged in business operations as a general developer and seller of residential homes. CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) During the 12-month period ending 30 June 1983, Bren, in the course and conduct of its busi- ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1983, Bren, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Mallard Construc- tion (Mallard), a California corporation with its principal place of business in Benicia, California, has been engaged in business operations as a gener- al developer. During the 12-month period ending 30 June 1983, Mallard, in the course and conduct of its business operations described above, purchased and received at its California facilities goods and mate- rials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, W.S.I. Builders, Inc. (WSI), a California corporation with its principal place of business in Pleasant Hill, California, has been engaged in business operations as a general developer of, and seller of, residential homes. During the 12-month period ending 30 June 1983, WSI, in the course and conduct of its busi- ness operations described above, derived gross rev. enues in excess of $500,000. During the 12-month period ending 30 June 1983, WSI, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Samson Construc- tion Company (Samson), a California corporation with its principal place of business in San Leandro, California, has been engaged in business operations as a general developer. During the 12-month period ending 30 June 1983, Samson, in the course and conduct of its business operations described above, purchased and received at its California facilities goods and mate- rials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, Anden Group, Northern California (Anden), a California corpora- tion with its principal place of business in Palo Alto, California, has been engaged in business oper- ations as a general developer of, and seller of, resi- dential homes. During the 12-month period ending 30 June 1983, Anden, in the course and conduct of its busi- 609 ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1983, Anden, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, The Luckey Compa- ny d/b/a Luckey Development, Inc. (Luckey), a California corporation with its principal place of business in Stockton, California, has been engaged in business operations as a developer and manager of commercial properties. During the 12-month period ending 30 June 1983, Luckey, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000 from the rental of commercial properties. During - the 12-month period ending 30 June 1983, Luckey, in the course and conduct of its business operations described above, purchased and received goods and materials valued, in excess of $5000 which originated from points outside the State of California. At all times material herein, Cornbee Construc- tion Co., Inc. (Combee), a California corporation with its principal place of business in Concord, California, has been engaged in business operations as a general developer. During the 12-month period ending 30 June 1983, Combee, in the course and conduct of its business operations described above, purchased and received at its California facilities goods and mate-, rials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, Leland E. Burns, Inc. (Burns), a California corporation with its prin- cipal place of business in Woodbridge, California, has been engaged in business operations as a gener- al developer of, and seller of, residential homes. During the 12-month period ending 30 June 1983, Burns, in the course and conduct of its busi- ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1983, Burns, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside, the State of California. At all times material herein, McDonald Interests, Inc. (MacDonald), a California corporation with its principal place of business in Irvine, California, has been engaged in business operations as a general developer. 610 DECISIONS OF NATIONAL LABOR *RELATIONS BOARD During the 12-month period ending 30 June 1983, MacDonald, in the course and conduct of its business operations described above, purchased and received at its California facilities goods and mate- rials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, C. R. Fedrick, Inc. (Fedrick), a California corporation with its princi- pal place of business in Novato, California, has been engaged in business operations as a general contractor in the construction industry. During the 12-month period ending 30 June 1983, Fedrick, in the course and conduct of its business operations described above, purchased and received at its California facilities goods and mate- rials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, E.M.L. Develop- ment (EML), a California corporation with its prin- cipal place of business in Walnut Creek, California, has been engaged in business operations as a gener- al developer. During the 12-month period ending 30 June 1983, EML, in the course and conduct of its busi- ness operations described above, purchased and re- ceived at its California facilities goods and materi- als valued in excess of $50,000 directly from points outside the State of California. At all times material herein, Pacific Scene, Inc. (Pacific), a California corporation with its principal place of business in Sacramento, California, has been engaged in business operations as a general developer of, and seller of, residential homes. During the 12-month period ending 30 June 1983, Pacific, in the course and conduct of its busi- ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1983, Pacific, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Save Mart Stores d/b/a Food Bank (Save Mart), a California corpo- ration with an office and place of business in Mo- desto, California, has been engaged in the operation of retail grocery stores. During the 12-month period ending 30 June 1983, Save Mart, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the 12-month period ending 30 June 1983, Save Mart, in the course and conduct of its business operations described above, purchased and received goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Panattoni, Oates & Massie Development (Panattoni), a California part- nership with an office and place of business in Sac- ramento, California, has been engaged as an owner- developer in the construction industry. At all times material herein, Panattoni has been involved as an owner-developer on a construction project located at 15th and K Streets in Sacramen- to, California (the Project). During the 12-month period ending 30 June 1983, Panattoni and subcontractors working at the Project have purchased and received at the Project goods and materials valued in excess of $50,000 di- rectly from points outside the State of California. At all times material herein, Alford Construc- tion, Inc. (Alford), a California corporation with an office and place of business in Sacramento, Califor- nia, has been engaged as a general contractor in the construction industry. At all times material herein, Alford has been en- gaged as a general contractor on a construction project in an area which is part of Prospect Busi- ness Park in Rancho Codova, California (the Pros- pect Business Park Project). During the 12-month period ending 30 June 1983, Alford, in the course and conduct of its busi- ness operations described above, purchased and re- ceived at the Prospect Business Park Project goods and materials valued in excess of $50,000 from sup- pliers located within the State of California who had received those goods and materials directly from points outside the State of California. At all times material herein, M.T.A., Inc. (MTA), a California corporation with an office and place of business in Sacramento, California, has been engaged as a general contractor in the con- struction industry. At all times material herein, Raley's, Inc. (Raley's), a California corporation with an office and place of business in Sacramento, California, has operated a chain of retail grocery stores. During the 12-month period ending 30 June 1983, Raley's, in the course and conduct of its busi- ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1983, Raley's, in the course and conduct of its busi- ness ness operations described above, purchased and re- ceived goods valued in excess of $5000 directly from points outside the State of California. During the 12-month period ending 30 June 1983, MTA performed services for Raley's valued in excess of $50,000. CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) At all times material herein, Stoddard Construc- tion Co. (Stoddard), a partnership with an office and place of business in Roseville, California, has been engaged in the business of development, own- ership, and construction in the construction indus- try. During the 12-month period ending 30 June 1983, Stoddard, in the course and conduct of its business operations described above, purchased and received in California goods and materials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, H.C. Elliott, Inc. (Elliott), a California corporation with an office and place of business in Sacramento, California, has been engaged in the business of homebuilding, de- velopment, and retail sale of homes. During the 12-month period ending 30 June 1983, Elliott, in the course and conduct of its busi- ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 30 June 1993, Elliott, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $2500 directly from points outside the State of California. At all times material herein, Home Savings of America, Inc. (Home Savings), a California corpo- ration with an office and place of business in Los Angeles, California, has been engaged in business as a savings and loan association. During the calendar year ending 31 December 1982, Home Savings, in the course and conduct of its business operations described above, derived gross revenues valued in excess of $500,000. During the calendar year ending 31 December 1982, Home Savings, in the course and conduct of its business operations described above, purchased and received at its California facilities goods and materials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, Goldrich and Kest, Inc. (Goldrich), a California corporation with an office and place of business in South San Francis- co, California, has been engaged in the business of real estate development and construction. During the 12-month period ending 30 June 1983, Goldrich, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the 12-month period ending 30 June 1983, Goldrich, in the course and conduct of its business operations described above, sold and shipped or otherwise provided goods and services 611 valued in excess of $50,000 directly to customers outside the State of California. At all times material herein, Donald Chaiken, General Partner, and Carole Chaiken, Dana Chai- ken, Jenifer Chaiken, and Julie Chaiken, Limited Partners, a Limited Partnership d/b/a Davidon Homes (Davidon), a California limited partnership with an office and place of business in Walnut Creek, California, has been engaged in the con- struction and sale of residential homes. During the calendar year ending 31 December 1982, Davidon, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the calendar year ending 31 December 1982, Davidon, in the course and conduct of its business operations described above, purchased and received goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Daniel Benvenuti, Inc., d/b/a D. Benvenuti Company (Benvenuti), a sole proprietorship with an office and place of busi- ness in Sacramento, California, has been engaged in the construction industry as a general contractor. During the 12-month period ending 30 June 1983, Benvenuti, in the course and conduct of its business operations described above, purchased and received at its California facilities goods and mate- rials valued in excess of $50,000 directly from points outside the State of California. At all times material herein, Crocker Homes, Inc., a California corporation with an office and place of business in San Francisco, California, has been engaged in the retail sale of residential prop- erties. At all times material herein, Emerald Homes, Inc., a California corporation with an office and place of business in Dublin, California, has been en- gaged in the construction industry as a general contractor and developer. At all times material herein, Crocker Homes, Inc. and Emerald Homes, Inc. have been engaged as a joint venture in the ownership and develop- ment of residential properties under the name of Crocker. During the 12-month period ending 31 March 1983, Crocker, in the course and conduct of its business operations described above, purchased and received at its projects within the State of Califor- nia products, goods, and materials valued in excess of $50,000 from Whirlpool Corporation, located within the State of California, which enterprise in turn had received those products, goods, and mate- rials directly from points outside the State of Cali- fornia. 612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD At all times material herein, D.R.W Construc- tion, Inc. (DRW), a California corporation with an office and place of business in Diamond Springs, California, has been engaged as a contractor in the construction industry. At all times material herein, DRW has been en- gaged as a subcontractor of Alford Construction, the general contractor referred to above, at the Prospect Business Park Project. During the 12-month period ending 30 June 1983, DRW, in the course and conduct of its busi- ness operations described above, purchased and re- ceived at its California facilities goods and materi- als valued in excess of $50,000 directly from suppli- ers located outside the State of California. At all times material herein, Warmington Homes (Warmington), a California corporation with an office and place of business in San Ramon, Califor- nia, has been engaged in the retail sale of residen- tial homes and has been a general contractor in the construction of residential homes. During the 12-month period ending 30 June 1983, Warmington, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the 12-month period ending 30 June 1983, Warmington, in the course and conduct of its business operations described above, purchased and received goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, M. Timm, Inc. (Timm), a California corporation with an office and place of business in Citrus Heights, California, has been engaged in the retail sale of residential homes and has been a general contractor in the construc- tion of residential homes. During the 12-month period ending 31 March 1983, Timm, in the course and conduct of its busi- ness operations described above, derived gross rev- enues in excess of $500,000. During the 12-month period ending 31 March 1983, Timm, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $5000 which originated from points outside the State of California. At all times material herein, Dave Altman d/b/a Altman's (Altman's), a sole proprietorship with an office and place of business in Sacramento, Califor- nia, has been engaged as a general contractor in the construction industry. At all times material herein, Altman's has been engaged as a general contractor on a construction project located at Greenback Lane and Stratus Drive in Orangevale, California (DeVille Park). At all times material herein, DeVille Park has been owned by Mountjoy Accountants, a Profes- sional Corporation, of Fair Oaks, California. De- Ville Park was owned formerly by DVC Corpora- tion, d/b/a DeVille Homes (DeVille). At all times material, DeVille, a California corporation with an office and place of business in Sacramento, Califor- nia, has been engaged in the business of residential homebuilding and development. During the 12-month period ending 30 June 1983, DeVille, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the 12-month period ending 30 June 1983, DeVille, in the course wand conduct of its business operations described above, purchased and received goods and materials valued in excess of $3800 from other enterprises, including A and P Floor Co., located within the State of California, which received said goods directly from points outside the State of California. At all times material herein, Dave G. Cader d/b/a Cader Construction (Cader), a sole propri- etorship with an office and place of business in Olympic Village, California, has been engaged as a general contractor in the construction industry. At all times material herein, Cader has been en- gaged as general contractor on a construction project known as Hofbrau Condominiums located at 2000 Squaw Valley Road, Olympic Village, California (the Project). During the 12-month period ending 31 July 1983, Cader, in the course and conduct of its business op- erations described above, purchased and received at the Project products, goods, and materials valued in excess of $50,000 directly from suppliers located outside the State of California. At all times material herein, Tom McClure d/b/a Nathan Construction (Nathan), a sole propri- etorship with an office and place of business in Sacramento, California, has been engaged in the construction industry as a general contractor. During the 12-month period ending 31 July 1983, Nathan, in the course and conduct of its business operations described above, provided services valued in excess of $50,000 directly to Panattoni, Oates & Massie Development, the owner-developer referred to above. At all times material herein, Ticon Construction, Inc. (Ticon), a California corporation with an office and place of business in Sacramento, Califor- nia, has been engaged as a general contractor in the construction industry. During the 12-month period ending 31 July 1983, Ticon, in the course and conduct of its business op- erations described above, performed services CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) valued in excess of $50,000 for T.G.I. Friday's, Inc. (Friday's). At all times material herein, Friday's, a Texas corporation with a place of business in Sacramento, California, has been engaged in the operation of public restaurants in California and throughout the United States. During the 12-month period ending 31 July 1983, Friday's, in the course and conduct of its business operations described above, derived gross revenues in excess of $500,000. During the 12-month period ending 31 July 1983, Friday's, in the course and conduct of its business operations described above, purchased and re- ceived products, goods, and materials valued in excess of $5000 which originated from points out- side the State of California, At all times material herein, Western Las Positas, Inc. (WLP), a California corporation with an office and place of business in Livermore, California, has been engaged in business as a general contractor in the construction industry. At all times material herein, WLP has been en- gaged as the general contractor in the construction of a number of residential townhouse units located at' the intersection of Hagemann and Las Positas Boulevard, Livermore, California (the Jobsite). During the 12-month period ending 15 August 1984, WLP, in the course and conduct of its busi- ness operations at the Jobsite, purchased and re- ceived at the Jobsite, for use at the Jobsite, goods and materials valued in excess of $50,000 from sell- ers or suppliers located within the State of Califor- nia, which sellers or suppliers had received such goods and materials in substantially the same form directly from outside the State of California. At all times material herein, Largo Industries (Largo), a California corporation with an office and place of business in Saratoga, California,, has been engaged in business as a general contractor in the construction industry. At all times material herein, Largo has been en- gaged as the general contractor in the construction of a condominium project located at 260 Race Street, San Jose, California (the Jobsite). During the 12-month period ending 9 January 1985, Largo, in the course and conduct of its busi- ness operations at the Jobsite, purchased and re- ceived at the Jobsite, for use at the Jobsite, goods and materials valued in excess of $50,000 from sell- ers or suppliers located within the State of Califor- nia, which sellers or suppliers had received such goods and materials in substantially the same form directly from outside the State of California. At all times material herein, K. O. Swanson & Co., Inc. (Swanson), a California corporation with 613 an office and place of business in Milpitas, Califor- nia, has been engaged in business as a general con- tractor in the construction industry. During the 12-month period ending 31 January 1985, Swanson, in the course and conduct of its business operations described above, purchased and received goods, materials, or services valued in excess of $50,000 directly from suppliers located outside the State of California. At all times material herein, Public Storage, Inc., a California corporation with an office and place of business in Dublin, California, has been engaged in business as a general contractor at its commercial construction jobsite located at Old Oakland Road, San Jose, California (the Jobsite). At all times material herein, Archer Casperson Construction Company (Archer), an Oregon cor- poration, has been engaged as a carpentry subcon- tractor in the construction industry. At all times material herein, Archer has been a subcontractor of Public Storage at the Jobsite. During the 12-month period ending 31 January 1985, Archer, in the course and conduct of its busi- ness operations described above, purchased and re- ceived goods and materials valued in excess of $50,000 directly from sellers or suppliers located outside the State of California. During the 12-month period ending 31 January 1985, Archer, in the course and conduct of its busi- ness operations at the Jobsite, purchased and re- ceived at the Jobsite, for use at the Jobsite, goods and materials valued in excess of $50,000 directly from points located outside the State of California. At all times material herein, D & S Company, a Wrather Subsidiary (D & S), a California corpora- tion with an office and place of business in Hercu- les, California, has been engaged as a general con- tractor in the construction industry. At all times material herein, D & S has been the general contractor at a construction project located at the Olympian Hills condominium tract in Hercu- les, California (the Jobsite). During the 12-month period ending 31 January 1985, D & S, in the course and conduct of its busi- ness operations at the Jobsite, purchased and re- ceived at the Jobsite, for use at the Jobsite, goods and materials valued in excess of $ 50,000 directly from suppliers located outside the State of Califor- nia. At all times material herein, Modulaire Indus- tries, Inc. (Modulaire), a California corporation with an office and place of business in Newark, California, has been engaged as a general contrac- tor in the construction industry. During the 12-month period ending 28 February 1985, Modulaire, in the course and conduct of its 614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD business operations, sold and shipped goods or pro- vided services valued in excess of $50 ,000 directly to customers located outside the State of Califor- nia. At all times material herein, EGS Metro Con- struction (EGS), a California corporation with its principal place of business in Los Angeles, Califor- nia, has been engaged in business operations as a general developer. During the 12-month period ending 30 June 1983, EGS, in the course and conduct of its busi- ness operations described above , purchased and re- ceived at its California facilities goods and materi- als valued in excess of $50,000 directly from points outside the State of California. At all times material herein , Cozad Construction Company (Cozad), a California corporation with its principal place of business in Lincoln , Califor- nia, has been engaged in business operations as a general developer. During the 12-month period ending 30 June 1983, Cozad, in the course and conduct of its busi- ness operations as set forth above, purchased and received at its California facility goods and materi- als valued in excess of $50,000 directly from points outside the State of California. At all times material herein, Young America Builders, Inc. (YAB), a California corporation with its principal place of business in San Jose, Califor- nia, has been engaged in business in the construc- tion industry. During the 12-month period ending 30 June 1983, YAB, in the course and conduct of its busi- ness described above, purchased and received goods and materials valued in excess of $50,000 di- rectly from points outside the State of California. At all times material herein , Rhodes Corporation d/b/a Shea Homes (Shea), a Nevada corporation with an office and place of business in San Jose, California, has been engaged in the development, construction, and retail sale of new residential housing. During the 12-month period ending 1 August 1983, Shea, in the course and conduct of its busi- ness operations, derived gross revenues in excess of $500,000 and purchased and received goods or services valued in excess of $5000 which originated outside the State of California. At all times material herein, The Lottie Corpora- tion (Lottie), a California corporation with an office and place of business in Larkspur , California, has been engaged in the retail sale of residential homes and as a general contractor in the construc- tion industry. During the 12-month period ending 31 March 1983, Lottie, in the course and conduct of its busi- ness operations described above , derived gross rev- enues in excess of $500,000 and purchased and re- ceived at its projects within the State of California products, goods, and materials valued in excess of $5000 which originated from sources located out- side the State of California. The Respondents admit, and we find, that the Employers are employers and persons engaged in commerce and in operations affecting commerce within the meaning of Section 2(1), (2), (6), and (7) of the Act. II. THE LABOR ORGANIZATIONS INVOLVED Carpenters 46 Northern California Counties Con- ference Board, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Bay Counties District Council of Carpenters, United Brother- hood of Carpenters and Joiners of America, AFL- CIO; Sacramento Area District Council of Carpen- ters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Santa Clara Valley District Council of Carpenters, United Brotherhood of Car- penters and Joiners of America, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Carpenters Locals 35, 36, 162, 180, 316, 586, 642, 848, 1235 , 1280, 1408, 1418 , 1622, 1869, 2006, and 2046; Construction and General Laborers Union Local 185, Laborers ' International Union of North America, AFL-CIO, are labor organizations within the meaning of Section 2(5) of the Act. ORDER On the basis of the above findings of fact, the Settlement Stipulation, and the entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the National Labor Relations Board orders that 1. A. Respondents Sacramento Area District Council of Carpenters, United Brotherhood of Car- penters and Joiners of America, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Carpenters Locals 316, 586, and 1622; Construction and General Laborers Union Local 185, Laborers' International Union of North Amer- ica, AFL-CIO; their successors, officers, represent- atives, agents, servants, and employees, and all other persons, entities, and labor organizations acting in concert with any of them , shall each cease and desist from engaging in; (by, picketing, orders, directions, solicitations, requests, appeals, initiation or processing of internal disciplinary pro- cedures, fines, or sanctions, or threats of fines or other sanctions, howsoever given , made, or impart- ed, or by any other acts or conduct, or by allowing any of same to remain in effect), inducing, or en- couraging any individual employed by any person CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services;' or sanctioning, supporting, or promoting any such strike or refusal; or threat- ening, coercing, or restraining any person engaged in commerce or in an industry affecting commerce, where in any case an object thereof is to force or require, directly or indirectly, any person to cease doing business with any other person. B. Respondents Carpenters 46 Northern Califor- nia Counties Conference Board, United Brother- hood of Carpenters and Joiners of America, AFL- CIO; Bay Counties District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Santa Clara Valley District Council of Carpenters, United Brotherhood of Car- penters and Joiners of America, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Carpenters Locals 35, 36, 162, 180, 642, 848, 1235, 1280, 1408, 1418, 1869, 2006, and 2046; their successors, officers, representatives, agents, servants, and employees, and all other persons, en- tities, and labor organizations acting in concert with any of them, shall each cease and desist from engaging in; or by picketing, orders, directions, so- licitations, requests, appeals, initiation or processing of internal disciplinary procedures, fines, or sanc- tions, or threats of fines or other sanctions, howso- ever given, made, or imparted, or by any other acts or conduct, or by allowing any of same to remain in effect, inducing or encouraging any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanc- tioning, supporting, or promoting any such strike or refusal; or threatening, coercing, or restraining any person engaged in commerce or in an industry affecting commerce, where in any case an object thereof is to force or require, directly or indirectly, any person to cease doing business with any of the following: Alford Construction, Inc. David Altman d/b/a Altman's Anden Group, Northern California Archer Casperson Arntz Contracting Co. Daniel Benvenuti, Inc., d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. 615 Leland E. Burns, Inc. Camray Development and Construction Company, Inc. Centex Homes of California, Inc. Combee Construction Co., Inc. Cozad Construction Company Crocker Homes, Inc. D & S Company, a Wrather Subsidiary D.R.W. Construction, Inc. Davidon Homes DeVille Homes Tim Eck Construction EGS Metro Construction Corporation E.M.L. Development H. C. Elliott, Inc. C. R. Fedrick, Inc. Goldrich and Kest, Inc. Home Savings of America, Inc. Huff Construction Company Kaufman and Broad of Northern California, Inc. Largo Industries The Lottie Corporation The Luckey Company d/b/a Luckey Development, Inc M.T.A., Inc. MacDonald Interests, Inc. Mallard Construction Tom McClure d/b/a Nathan Construction Meehleis Modular Buildings, Inc. Modulaire Industries, Inc. Pacific Horizon Construction Pacific Scene, Inc. Panattoni , Oates & Massie Development Ponderosa Homes Presley of Northern California, Inc. Public Storage, Inc. Rhodes Corporation d/b/a Shea Homes Samson Construction Company Save Mart Stores d/b/a Food Bank Stoddard Construction Co. K. O. Swanson & Co., Inc. Ticon Construction, Inc. M. Timm, Inc. W.S.I. Builders, Inc. Warmington Homes Western Las Positas, Inc. Young America Builders, Inc. C. Respondents Carpenters 46 Northern Califor- nia Counties Conference Board, United Brother- hood of Carpenters and Joiners of America, AFL- CIO; Sacramento Area District Council of Carpen- ters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Carpenters Local 586; their successors , officers, representatives , agents, servants, and employees, and all other persons, entities, and Labor organiza- tions acting in concert with any of them, shall each cease and desist from engaging in; or by picketing, orders, directions, solicitations, requests, appeals, 616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD initiation or processing of internal disciplinary pro- cedures, fines, or sanctions, or threats of fines or other sanctions, howsoever given, made, or impart- ed, or by any other acts or conduct, or by allowing any of same to remain in effect, inducing or en- couraging any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanctioning, supporting, or promoting any such strike or refusal; or threat- ening, coercing, or restraining any person engaged in commerce or in an industry affecting commerce, where in any case an object thereof is to force or require Home Savings of America, Inc. to enter into any agreement which is prohibited under Sec- tion 8(e) of the National Labor Relations Act. 2. A. Respondents Carpenters 46 Northern Cali- fornia Counties Conference Board, United Brother- hood of Carpenters and Joiners of America, AFL- CIO; Bay Counties District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Sacramento Area District Council of Carpenters, United Brotherhood of Car- penters and Joiners of America, AFL-CIO; Santa Clara Valley District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; United Brotherhood of Car- penters and Joiners of America, AFL-CIO, Car- penters Locals 36, 162, 180, 316, 586, 848, 1235, 1280, 1408, 1418, 1622, 1869, 2006, and 2046; their successors, officers, representatives, agents, serv- ants, and employees, and all other persons, entities, and labor organizations acting in concert with any of them, shall each cease and desist from (a) Picketing or causing to be picketed, or threat- ening to picket or cause to be picketed, any of the following: Alford Construction, Inc. Daniel Benvenuti, Inc d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. Centex Homes of California, Inc. Crocker Homes, Inc. EGS Metro Construction Corporation Goldrich and Kest, Inc. Home Savings of America, Inc. The Luckey Company d/b/a Luckey Development, Inc Kaufman and Broad of Northern California, Inc. MacDonald Interests, Inc. Tom McClure d/b/a Nathan Construction Pacific Horizon Construction Ponderosa Homes Presley of Northern California, Inc. W.S.I. Builders, Inc. where an object thereof is forcing or requiring any of the above-named employers to recognize or bar- gain with any of the Respondents as the collective- bargaining representative of any of their employ- ees, or forcing or requiring their employees to accept or select any of the Respondents as their collective-bargaining representative , at a time when such labor organization is not certified as such rep- resentative and where such picketing has been con- ducted without a petition under Section 9 (c) of the Act having been filed within a reasonable period of time not to exceed 30 days from the commence- ment of such picketing. (b) Initiating or attempting to initiate , or pros- ecuting or attempting to prosecute, any internal union disciplinary procedures or any other legal or administrative action against any individual, or in any way disciplining or attempting to discipline any individual, through fines, penalties, or other conduct, because of that individual's working on a jobsite while pickets are present, unless that indi- vidual is employed by the entity which is the sub- ject of the picketing. (c) Threatening any individuals with the unlaw- ful loss of pension, health and welfare, or other fringe benefits because of the individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. B. Carpenters 46 Northern California Counties Conference Board, United Brotherhood of Carpen- ters and Joiners of America, AFL-CIO; Bay Coun- ties District Council of Carpenters, United Brother- hood of Carpenters and Joiners of America, AFL- CIO, Sacramento Area District Council of Carpen- ters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Santa Clara Valley District Council of Carpenters, United Brotherhood of Car- penters and Joiners of America, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Carpenters Locals 35, 36, 162, 180, 316, 586, 642, 848, 1235, 1280, 1408, 1418, 1622, 1869, 2006, and 2046; and Construction and General La- borers Union Local 185, Laborers' International Union of North America, AFL-CIO, shall each (a) Reimburse and make whole any individuals from whom monetary fines and/or penalties were collected as a result of internal union disciplinary procedures and other legal or administrative ac- tions heretofore initiated in the circumstances de- scribed above in paragraphs 1,B,2,A,(b) and (c) and shall expunge or cause to be expunged from any CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) and all of its records such internal union discipli- nary procedures. (b) Post at their respective business offices copies of the attached notices which apply to each par- ticular Respondent. Copies of the notices, on forms provided by the Regional Director for Region 32, after being signed by the Respondents' representa- tives, shall be posted by the Respondents immedi- ately upon receipt and maintained for 60 consecu- tive days in conspicuous places including all places where notices to members are customarily posted. Reasonable steps shall be taken by the Respondents to ensure that the notices are not altered, defaced, or covered by any other material. Sufficient signed copies shall also be provided to the Regional Di- rector for each Charging Party to post at appropri- ate locations, should such party desire to do so. (c) Notify the Regional Director in writing within 20 days from the date of this Order what re- spective steps the Respondents have taken to comply. APPENDIX A NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government Based upon a stipulation providing for a consent judgment of any appropriate United States court of appeals WE WILL NOT engage in (by picketing, orders, directions, solicitations, requests, appeals, initiation or processing of internal disciplinary procedure, fines, or sanctions, or threats of fines or other sanc- tions, howsoever given, made, or imparted, or by any other acts or conduct, or by allowing any of same to remain in effect), induce, or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanction, support, or promote any such strike or refusal; or threaten, coerce, or re- strain any person engaged in commerce or in an in- dustry affecting commerce, where in any case an object thereof is to force or require, directly or in- directly, any person to cease doing business with any of the following: Alford Construction, Inc. David Altman d/b/a Altman's Auden Group, Northern California Archer Casperson Arntz Contracting Co. 617 Daniel Benvenuti, Inc. d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern„a Division of Genstar Development, Inc. Leland E. Burns, Inc. Camray Development and Construction Company, Inc. Centex Homes of California, Inc. Combee Construction Co., Inc. Cozad Construction Company Crocker Homes, Inc. D & S Company, a Wrather Subsidiary D.R.W. Construction, Inc. Davidon Homes DeVille Homes Tim Eck Construction EGS Metro Construction Corporation E.M.L. Development H. C. Elliott, Inc. C. R. Fedrick, Inc. Goldrich and Kest, Inc. Home Savings of America, Inc. Huff Construction Company Kaufman and Broad of Northern California, Inc. Largo Industries The Lottie Corporation The Luckey Company d/b/a Luckey Development, Inc. M.T.A., Inc. MacDonald Interests, Inc. Mallard Construction Tom McClure d/b/a Nathan Construction Meehleis Modular Buildings, Inc. Modulaire Industries, Inc. Pacific Horizon Construction Pacific Scene, Inc. Panattoni, Oates & Massie Development Ponderosa Homes Presley of Northern California, Inc. Public Storage, Inc. Rhodes Corporation d/b/a Shea Homes Samson Construction Company Save Mart Stores d/b/a Food Bank Stoddard Construction Co. K. O. Swanson & Co., Inc. Ticon Construction, Inc. M. Timm, Inc. W.S.I. Builders, Inc. Warmington Homes Western Las Positas, Inc. Young America Builders, Inc. or where an object thereof is to force or require Home Savings of America, Inc., to enter into an agreement which is prohibited under Section 8(e) of the National Labor Relations Act. WE WILL NOT picket or cause to be picketed, or threaten to picket or cause to be picketed, any of the following: Alford Construction, Inc. 618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Daniel Benvenuti, Inc. d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. Centex Homes of California, Inc. Crocker Homes, Inc. EGS Metro Construction Corporation Goldrich and Kest, Inc. Home Savings of America, Inc. The Luckey Company d/b/a Luckey Development, Inc. Kaufman and Broad of Northern California, Inc. MacDonald Interests, Inc. Tom McClure d/b/a Nathan Construction Pacific Horizon Construction Ponderosa Homes Presley of Northern California, Inc. W.S.I. Builders, Inc. where an object thereof is forcing or requiring any of the above-named employers to recognize or bar- gain with us as the collective-bargaining represent- ative of any of their employees, or forcing or re- quiring their employees to accept or select us as their collective-bargaining representative, at a time when we have not been certified as such represent- ative and where such picketing has been conducted without a petition under Section 9(c) of the Act having been filed within a reasonable period of time not to exceed 30 days from the commence- ment of such picketing. WE WILL NOT initiate or attempt to initiate, or prosecute or attempt to prosecute, any internal union disciplinary procedures or any other legal or administrative action against any individual, or in any way discipline or attempt to discipline any in- dividual, through fines, penalties, or other conduct, because of that individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL NOT threaten any individuals with the unlawful loss of pension, health and welfare, or other fringe benefits because of the individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL reimburse and make whole any indi- viduals from whom monetary fines and/or penal- ties were collected as a result of internal union dis- ciplinary procedures and other legal or administra- tive actions heretofore initiated in the circum- stances described in this notice and shall expunge or cause to be expunged from any and all of our records such internal union disciplinary procedures. CARPENTERS 46 NORTHERN CALI- FORNIA COUNTIES CONFERENCE BOARD, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMER- ICA, AFL-CIO APPENDIX B NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government Based upon a stipulation providing for a consent judgment of any appropriate United States court of appeals WE WILL NOT engage in; or by picketing, orders, directions, solicitations, requests, appeals, initiation or processing of internal disciplinary procedures, fines, or sanctions, or threats of fines or other sanc- tions, howsoever given, made, or imparted, or by any other acts or conduct, or by allowing any of same to remain in effect, induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanction, support, or promote any such strike or refusal; or threaten, coerce or re- strain any person engaged in commerce or in an in- dustry affecting commerce, where in any case an object thereof is to force or require, directly or in- directly, any person to cease doing business with any of the following: Alford Construction, Inc. David Altman d/b/a Altman's Anden Group, Northern California Archer Casperson Arntz Contracting Co. Daniel Benvenuti, Inc., d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. Leland E Burns, Inc. Camray Development and Construction Company, Inc. Centex Homes of California, Inc. Combee Construction Co., Inc. Cozad Construction Company Crocker Homes, Inc. D & S Company, a Wrather Subsidiary D.R.W. Construction, Inc. CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) Davidon Homes DeVille Homes Tim Eck Construction EGS Metro Construction Corporation E.M.L. Development H. C. Elliott, Inc. C. R. Fedrick, Inc. Goldrich and Kest, Inc. Home Savings of America, Inc. Huff Construction Company Kaufman and Broad of Northern California, Largo Industries The Lottie Corporation 619 where an object thereof is forcing or requiring any of the above-named employers to recognize or bar- gain with any of us as the collective -bargaining representative of any of their employees , or forcing or requiring their employees to accept or select any of us as their collective-bargaining representa- tive, at a time when neither of us has been certified as such representative and where such picketing has been conducted without a petition under Sec- tion 9(c) of the Act having been filled within a rea- sonable period of time not to exceed 30 days from the commencement of such picketing. WE WILL NOT initiate or attempt to initiate, or prosecute or attempt to prosecute , any internal union disciplinary procedures or any other legal or administrative action against any individual, or in any way discipline or attempt to discipline any in- dividual, through fines, penalties, or other conduct, because of that individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL NOT threaten any individuals with the unlawful loss of pension, health and welfare, or other fringe benefits because of the individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL reimburse and make whole any indi- viduals from whom monetary fines and/or penal- ties were collected as a result of internal union dis- ciplinary procedures and other legal or administra- tive actions heretofore initiated in the circum- stances described in this notice and shall expunge or cause to be expunged from any and all of our records such internal union disciplinary procedures. Inc. The Luckey Company d/b/a Luckey Development, Inc. M.T.A, Inc. MacDonald Interests, Inc. Mallard Construction 'Tom McClure d/b/a Nathan Construction Meehleis Modular Buildings, Inc. Modulaire Industries, Inc. ]Pacific Horizon Construction ]Pacific Scene, Inc. Panattoni , Oates & Massie Development Ponderosa Homes Presley of Northern California, Inc. Public Storage, Inc. Rhodes Corporation d/b/a Shea Homes Samson Construction Company :lave Mart Stores d/b/a Food Bank Stoddard Construction 'Co. K. O. Swanson & Co., Inc. Ticon Construction, Inc. M. Timm, Inc. W.S.I. Builders, Inc. Warmington Homes Western Las Positas, Inc. Young America Builders, Inc. WE WILL NOT picket or cause to be picketed, or threaten to picket or cause to be picketed, any of the following: Alford Construction, Inc. Daniel Benvenuti , Inc. d/b/a D. Benvenuti Company Ronald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. Centex Homes of California, Inc. Crocker Homes, Inc. EGS Metro Construction Corporation Goldrich and Kest, Inc. Home Savings of America, Inc. The Luckey Company d/b/a Luckey Development, Inc. Kaufman and Broad of Northern California, Inc. MacDonald Interests, Inc. Tom McClure d/b/a Nathan Construction Pacific Horizon Construction Ponderosa Homes Presley of Northern California, Inc. W.S.I. Builders, Inc. BAY COUNTIES DISTRICT COUNCIL OF CARPENTERS, UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO; SANTA CLARA VALLEY DISTRICT COUNCIL OF CARPENTERS, UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO; UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, CARPENTERS LOCALS 36, 162, 180, 642, 848, 1235, 1280, 1408, 1418, 1869, 2006, AND 2046 620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX C NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government Based upon a stipulation providing for a consent judgment of any appropriate United States court of appeals WE WILL NOT engage in (by picketing, orders, directions, solicitations, requests, appeals, initiation or processing of • internal disciplinary procedure, fines, or sanctions, or threats of fines or other sanc- tions, howsoever given, made, or imparted, or by any other acts or conduct, or by allowing any of same to remain in effect), induce, or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanction, support, or promote any such strike or refusal; or threaten, coerce, or re- strain any person engaged in commerce or in an in- dustry affecting commerce, where in any case an object thereof is to force or require, directly or in- directly, any person to cease doing, business with any other person, or where an object thereof is to force or require Home Savings of America, Inc. to enter into an agreement which is prohibited under Section 8(e) of the National Labor Relations Act. WE WILL NOT picket or cause to be picketed, or threaten to picket or cause to be picketed, any of the following: Alford Construction, Inc. Daniel Benvenuti, Inc. d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. Centex Homes of California, Inc. Crocker Homes, Inc. EGS Metro Construction Corporation Goldrich and Kest, Inc. Home Savings of America, Inc. The Luckey Company d/b/a Luckey Development, Inc. Kaufman and Broad of Northern California, Inc. MacDonald Interests, Inc. Tom McClure d/b/a Nathan Construction Pacific Horizon Construction Ponderosa Homes Presley of Northern California, Inc. W.S.I. Builders, Inc. where an object thereof is forcing or requiring any of the above-named employers to recognize or bar- gain with any of us as the collective-bargaining representative of any of their employees, or forcing or requiring their employees to accept or select any of us as their collective-bargaining representa- tive, at a time when neither of us has been certified as such representative and where such picketing has been conducted without a petition under Sec- tion 9(c) of the Act having been filed within a rea- sonable period of time not to exceed 30 days from the commencement of such picketing. WE WILL NOT initiate or attempt to initiate, or prosecute or attempt to prosecute, any internal union disciplinary procedures or any other legal or administrative action against any individual, or in any way discipline or attempt to discipline any in- dividual, through fines, penalties, or other conduct, because of that individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL NOT threaten any individuals with the unlawful loss of pension, health and welfare, or other fringe benefits because of the individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL reimburse and make whole any indi- viduals from whom monetary fines and/or penal- ties were collected as a result of internal union dis- ciplinary procedures and other legal or administra- tive actions heretofore initiated in the circum- stances described in this notice and shall expunge or cause to be expunged from any and all of our records such internal union disciplinary procedures. SACRAMENTO AREA DISTRICT COUN- CIL OF CARPENTERS, UNITED BROTH- ERHOOD OF CARPENTERS AND JOIN- ERS OF AMERICA, AFL-CIO; UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, CARPENTERS LOCAL 586 APPENDIX D NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government Based upon a stipulation providing for a consent judgment of any appropriate United States court of appeals CARPENTERS 46 CONFERENCE BOARD (ARNTZ CONTRACTING) WE WILL NOT engage in (by picketing, orders, directions, solicitations, requests, appeals, initiation or processing of internal disciplinary procedure, lines, or sanctions, or threats of fines or other sanc- tions, howsoever given, made, or imparted, or by any other acts or conduct, or by allowing any of same to remain in effect), induce, or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanction, support, or promote any such strike or refusal; or threaten, coerce, or re- strain any person engaged in commerce or in an in- dustry affecting commerce, where in any case an object thereof is to force or require, directly or in- directly, any person to cease doing business with any other person. WE WILL NOT picket or cause to be picketed, or threaten to picket or cause to be picketed, any of the following: Alford Construction, Inc. Daniel Benvenuti, Inc., d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. Centex Homes of California, Inc. Crocker Homes, Inc. EGS Metro Construction Corporation Goldrich and Kest, Inc. Home Savings of America, Inc. The Luckey Company d/b/a Luckey Development, Inc. Kaufman and Broad of Northern California, Inc. MacDonald Interests, Inc. Tom McClure d/b/a Nathan Construction Pacific Horizon Construction Ponderosa Homes Presley of Northern California, Inc. W.S.I. Builders, Inc. where an object thereof is forcing or requiring any of the above-named employers to recognize or bar- gain with any of us as the collective-bargaining representative of any of their employees, or forcing or requiring their employees to accept or select any of us as their collective-bargaining representa- tive, at a time when neither of us has been certified as such representative and where such picketing has been conducted without a petition under Sec- tion 9(c) of the Act having been filed within a rea- sonable period of time not to exceed 30 days from the commencement of such picketing. WE WILL NOT initiate or attempt to initiate, or prosecute or attempt to prosecute, any internal 621 union disciplinary procedures or any other legal or administrative action against any individual, or in any way discipline or attempt to discipline any in- dividual, through fines, penalties, or other conduct, because of that individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL NOT threaten any individuals with the unlawful loss of pension, health and welfare, or other fringe benefits because of the individual's working on a jobsite while pickets are present, unless that individual is employed by the entity which is the subject of the picketing. WE WILL reimburse and make whole any indi- viduals from whom monetary fines and/or penal- ties were collected as a result of internal union dis- ciplinary procedures and other legal or administra- tive actions heretofore initiated in the circum- stances described in this notice and shall expunge or cause to be expunged from any and all of our records such internal union disciplinary procedures. UNITED BROTHERHOOD OF CARPEN- TERS AND JOINERS OF AMERICA, AFL-CIO, CARPENTERS LOCAL 316; UNITED BROTHERHOOD OF CARPEN- TERS AND JOINERS OF AMERICA, AFL-CIO, CARPENTERS LOCAL 1622 APPENDIX E NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government Based upon a stipulation providing for a consent judgment of any appropriate United States court of appeals WE WILL NOT engage in (by picketing, orders, directions, solicitations, requests, appeals, initiation or processing of internal disciplinary procedure, fines, or sanctions, or threats of fines or other sanc- tions, howsoever given, made, or imparted, or by any other acts or conduct, or by allowing any of same to remain in effect), induce, or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanction, support, or promote any such strike or refusal; or threaten, coerce, or re- strain any person engaged in commerce or in an in- 622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dustry affecting commerce , where in any case an object thereof is to force or require , directly or in- directly, any person to cease doing business with any other person. WE WILL reimburse and make whole any indi- viduals from whom monetary fines and/or penal- ties were collected as a result of internal union dis- ciplinary procedures and other legal or administra- tive actions heretofore initiated in the circum- stances described in this notice and shall expunge or cause to be expunged from any and all of our records such internal union disciplinary procedures. CONSTRUCTION AND GENERAL LA- BORERS UNION LOCAL 185, LABOR- ERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO APPENDIX F NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government Based upon a stipulation providing for a consent judgment of any appropriate United States court of appeals WE WILL NOT engage in (by picketing, orders, directions, solicitations, requests, appeals, initiation or processing of internal disciplinary procedure, fines, or sanctions, or threats of fines or other sanc- tions, howsoever given, made, or imparted, or by any other acts or conduct, or by allowing any of same to remain in effect), induce, or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal in the course of his employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or sanction, support, or promote any such strike or refusal; or threaten, coerce, or re- strain any person engaged in commerce or in an in- dustry affecting commerce, where in any case an object thereof is to force or require, directly or in- directly, any person to cease doing business with any of the following: Alford Construction, Inc. David Altman d/b/a Altman's Anden Group, Northern California Archer Casperson Arntz Contracting Co. Daniel Benvenuti, Inc., d/b/a D. Benvenuti Company Donald L. Bren Company Broadmoor Homes Northern, a Division of Genstar Development, Inc. Leland E. Burns, Inc. Camray Development and Construction Company, Inc. Centex Homes of California, Inc. Combee Construction Co., Inc. Cozad Construction Company Crocker Homes, Inc. D & S Company , a Wrather Subsidiary D.R.W. Construction, Inc. Davidon Homes DeVille Homes Tim Eck Construction EGS Metro Construction Corporation E.M.L. Development H. C. Elliott, Inc. C. R. Fedrick, Inc. Goldrich and Kest, Inc. Home Savings of America, Inc. Huff Construction Company Kaufman and Broad of Northern California, Inc. Largo Industries The Lottie Corporation The Luckey Company d/b/a Luckey Development, Inc. M.T.A., Inc. MacDonald Interests, Inc. Mallard Construction Tom McClure d/b/a Nathan Construction Meehleis Modular Buildings, Inc. Modulaire Industries, Inc. Pacific Horizon Construction Pacific Scene, Inc. Panattoni, Oates & Massie Development Ponderosa Homes Presley of Northern California, Inc. Public Storage, Inc. Rhodes Corporation d/b/a Shea Homes Samson Construction Company Save Mart Stores d/b/a Food Bank Stoddard Construction Co. K. O. Swanson & Co., Inc. Ticon Construction, Inc. M. Timm, Inc. W.S.I. Builders, Inc. Warmington Homes Western Las Positas, Inc. Young America Builders, Inc. WE WILL reimburse and make whole any indi- viduals from whom monetary fines and/or penal- ties were collected as a result of internal union dis- ciplinary procedures and other legal or administra- tive actions heretofore initiated in the circum- stances described in this notice and shall expunge or cause to be expunged from any and all of our records such internal union disciplinary procedures. UNITED BROTHERHOOD OF CARPEN- TERS AND JOINERS OF AMERICA, AFL-CIO, CARPENTERS LOCAL 35