International Union of Operating Engineers Local 542 (Penn Valley Constructors, Inc.)

National Labor Relations Board - Unpublished Board DecisionsAug 31, 2010

04-CB-010457 (N.L.R.B. Aug. 31, 2010)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, LOCAL 542 and Case 4-CB-1 0457 PENN VALLEY CONSTRUCTORS, INC. DECISION AND ORDER Statement of the Case On June 18, 2010, International Union of Operating Engineers, AFL-CIO, Local 542 (the Respondent), Penn Valley Constructors, 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 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 At all material times, Penn Valley Constructors, Inc. (PVC), a Pennsylvania corporation with a facility in Morrisville, Pennsylvania, has been engaged as a general contractor in the construction industry. During the one-year period ending March 19, 2010, PVC, in conducting its business operations described above, purchased and received at its Morrisville, Pennsylvania facility goods valued in excess of $50,000 directly from points outside the Commonwealth of Pennsylvania. At all material times, PVC has been an employer engaged in commerce w thin the meaning of Section 2(2), (6), and (7) of the Act. 2. The labor organization involved At all material times, the Respondent, International Union of Operating Engineers, AFL-CIO, Local 542, has been 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 1 0(c) of the National Labor Relations Act, s amended, the National Labor Relations Board orders that: The Respondent, International Union of Operating Engineers, AFL-CIO, Local 542, its officers, agents, and representatives shall 1. Cease and desist from (a) Restraining or coercing employees of Penn Valley Constructors, Inc., Peruzzi Nissan, J. Vinch & Sons, Starr Brothers Contractors, or Patton Construction in the exercise of their rights guaranteed in Section 7 of the National Labor Relations Act, as amended, by: (1) blocking the ingress of employees to the Peruzzi Nissan job site and facility; (2) hitting with fists vehicles being driven into the Peruzzi Nissan facility by employees; (3) spitting on employees seeking ingress to the Peruzzi Nissan facility; (4) strewing tire spikes around vehicles of individuals employed by Penn Valley Constructors, Inc.; (5) blocking the egress of customers from the Peruzzi Nissan facility. (b) In any like or related manner, restraining or coercing employees of Penn Valley Constructors, Inc., Peruzzi Nissan, J. Vinch & Sons, Starr Brothers Contractors, or Patton Construction in the exercise of their 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) Within 14 days of service by the Region, post at its business office at Fort Washington, Pennsylvania, copies of the attached Notice marked "Appendix A." Copies of the Notice, on forms provided by the Regional Director for Region Four, after being signed by the Respondent's authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places, including all places where notices to members and employees are customarily posted. The Respondent will take reasonable steps to ensure that the notices are not altered, defaced, or covered by any other material. (b) Return to the Regional Director executed copies of the attached Notice for Penn Valley Constructors, Inc. to post, if it is willing. (c) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a responsible official of the Respondent on a form provided by the Region attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C., August 31, 2010. Wilma B. Liebman, Chairman Mark Gaston Pearce, Member Brian E. Hayes, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX A NOTICE TO EMPLOYEES AND MEMBERS Posted by Order of the National Labor Relations Board An Agency of the United States Government POSTED PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORD R 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 representatives to bargain 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 block the ingress of employees to the Peruzzi Nissan job site an facility. WE WILL NOT hit with our fists vehicles being driven into the Peruzzi Nissan facility by employees. WE WILL NOT spit on employees seeking ingress to the Peruzzi Nissan facility. WE WILL NOT strew tire spikes around vehicles of individuals employed by Penn Valley Constructors, Inc. I WE WILL NOT block the egress of customers from the Peruzzi Nissan facility. WE WILL NOT, in any like or related manner, restrain or coerce employees of P nn Valley Constructors, Inc., Peruzzi Nissan, J. Vinch & Sons, Starr Brothers Contr ctors, or Patton Construction in the exercise of their rights guaranteed in Section 7 of t e National Labor Relations Act, as amended. INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, LOCAL 542 Dated By (Representative) (Title)