Appendix — National Labor Relations Board v. Strong

Supreme Court brief1969

Ask Donna

What actually matters in this document.

Text

SUPREME COURT, te Bh

st , 2 , : 7 oe Of c8-Su

LIBRARY. .. God eye : =o

ee Sr ee 4 ‘UL 1

~ APPENBIX | som, bavi, euian

“ele” ;

@. . o , . : * 3 \ :

"Superne Gonrt of the Rate States

# OcTorER TERM, 1968 —

ene eres) No. 61 pase os er

i b 4 - .

oN ATIONAL LABOR RELATIONS BOARD, |

BL eer Petitioner

— V. Freee ’, . \

« : e H

" Tosurx T. .STRONG, d/b/a gracile RoorINa AND °

INSULATING Co. : om |

o ¢ 8 ¥

7 * é ; ¢

as _ON WRIT OF CERTIORARI TO THE UYITED STATES COURT OF °

—. Ps: ’ APPEALS FOR THE eee: CIRCUIT.

i Py Ce, ;

¢ 2 Rix .

Me — :

a $ e Q

“eS gh" . é . : “8 a

PETITION FOR CERTIORARI FILED APRIL 17, 196°

* ° CERTIORARI GRANTED MAY 27, 1968

| Brome Gur he tid tte

é Preys ay ' “

| Namiowan LaBor RELATIONS BOARD, . ae eee a

| Petitioner

Vg eg when

. ° °

ae >

= , JosurH T. STRONG, d/b/a SrRone. Ror exact

* “ic ie eee ;

on’ WRIT OF CERTIORARI TO THE UNITED STATES coukr OF |

_ APPEALS FOR THE NINTH- CIRCUIT :

‘ ; ¢

j | INDEXTO APPENDIX)

Chronological List of Relevant Docket Entries. e.

Stenographic. Transcript of Testimony :

General Counsel’s Exhibit No. 2, Revised iki of the ~~ so

3 ‘ " Roofing Contractors Assoc. of Southern California, Page 1,

. Articles‘I and II; Page 9, Article IX 34

General Counsel’s Exhibit No. 4, Master Labor hihi

August 15, 1968 to- August 16, 1967 (the — agree-

- ment 38 -

General Counsel's Exhibits Nos. 5(a) ana (b), Record of

; payments. to Union-Roofers Trust Accoun 36

"Respondent's Exhibit No. 8, Letter to Joint Labor Relations «-

Board, dated August 20, 1968 . , ae

Trial Examiner’s Decision — monn neem fae MS

Board's Decision and Order = pelannce: oan

_ ‘The Opinion of the Court of Appeals. pitas: <a

, | Order denying rehearing ic ie , 181

oS | The Decree entered by the Court of Appeals 5 sikansonidhsesiniigss: MMs

igs

‘The order of the rid hemes Court Aaannae: certiorari _a 186_

6. “ae Charge filed, Ge. exhibit 1(a)

8.19.64 Coniplaint and notice ake G.

1(c) | ot hearing iasued, C. ee

8.27.64 Respondents axewert complaint dat, Cc. Bi)

fptscs _ hibit 1(¢) aR ea, Aes |

> "81.865 ‘Trial Examiner's Decision issued.)

| % 945 Respondents excmptions io Tei Rraminer's Do: e

... . Gision received - eae

a 4186 Boars Decision and Order issued ek wie a4?

<>,

? om

———

"OFFICIAL REPORT OF } PROCEEDINGS

| RE THE

NATIONAL LABOR RELATIONS BOARD

TWENTY FIRST REGION

ee |

.. Doéket No. 21-CA-6978

es IN THE MATTER OF: ;

Joserx T. Srrone, d/b/a STRONG ROOFING 6 & INSULATING |

. Co., RESPONDENT TEMES

- Roorers LOcaL 36, UNITED SLATE,, Tie “AND COMPOSI’

‘TION ROoFERS, DAMP AND WATERPROOF ounces As-—

SOCIATION, CHARGING PARTY —

eat Place: Los Angeles, California | : ie

> Date: October 20,1964 : e

| | Z Pages; 1-95

VoLUMEI -.

“Oct. 27, 1964, San Francisco Branch, National

‘Relations Board, Trial Examining’ Division :

- .

’ ‘NATIONAL LABOR RELATIONS BOARD

bo WH ie i TWENTY-Finst REGION

i) BEFoRi THE,

- 9G

" Docket t No. 21-CA-5978.

JosEPH ¥. Stone, d/b/a STRONG ROOFING & INSULATING :

. # Co., RESPONDENT

tee” “inde

_ROOFERS "ney 36, Unrren. SLATE, TILE AND Conros- @

' TION RooF srs, DAMP AND WATERPROOF WORKERS As-

SOCIATION, enced PARTY et

hey! Weng Ron 2, Rocca’ s bias alee ma

sa te ezzanine Floor, |

, 849 §. Broadway, "Rane paar

“Los Angeles, Calif., heii tae

* Tuesday, October 20, 1964

‘The above-entitlel matter came on for hearing, pursu-

_ ant to notice, at 10:00 o'clock. am,’ "|. ie caray

BEFORE: !

secretes BENNETT, Esa, a ‘Trial Examiner.

"APPEARANCES:

- HAROLD E, JAHN, in, 8 849 South Broagway, Los An-

— geles, California, appearing on behalf of the counsel —

for the General Counsel, Peete

ogee _, Oihaunarr & Meme, By:

' ALFRED C, PHILLIPs, Esq. a 483 - South icing Pere

‘ . Los’ Angeles 18,. Calif,, — on ~~. of the

Reman oe,

a a cf ai INDEX. °

.WITN ESSES: “3 _ See: CROSS ‘REDIRECT RECROSS

" Thomas Richard Kobe « “baer a a ay

David Van Eyk Bre BR ace .

~ AB. P. Bennett. _ pen: “SeaaBee: Ste ae

\: William D. Nuttall 6to-: - 62 , cues

’ Joseph T. Strong «°° 55 Ra ee

_ \Mrs. Jos. T. Strong. _ : oP |

wos watay eee: 5 ri

‘NUMBER: — "_—“ FOR IDENTIFICATION - IN EVIDENCE -

General Counsel’s: See .

1(a)-1(f) . fs ‘Rela Wee, So eg. ae

eo eres aout 11 Fe aaa

ae : ae Ls ee

4: | * Ss,

0) S60) heer aa:

6 . 82 S :

= . e . : : .

“Respondent’s: . . « :

— ; . . .

’

“i a lore - octiibines ce

-\ TRIAL PEER BENNETT: The bearing will

“be in order, ° |

This ig 9, formal hearing before the National Labor se

” Relations Board in the matter of Strong Roofing and in- a

a “ean a Case No, 21-CA-5978:

‘Ss.

Examiner conducting the hearing iq —

% will, aul counsel to state their appearances. cs

‘For the General Counsel?. __

* MR. J AHN ' Harold E. Jahn tor ‘the General Coun-*

‘ek are ‘of thé: National haber: eclathane Boatd, 9, =

— South Broadway, Los Angeles, California, -° |

Mr. Examiner, I would like to state that I have ben”

informed .by Mr.. , Eugene. Miller, “attorney for: Roofers.

Local 36, that he -will not: make an appearance, - ,

“However, he has requested all papers be on "him,

. and that is Mr. Eugene Miller of Brundage, er and °

_ Roseman, 1621 West Ninth , Lag :

» ‘PREAL EXAMINER: -For the ‘yespondent?: = o* -:

MR. PHILLIPS: —O’Mbjxeny and.Myers, by Alfred C.

Philips, 433 ‘South hag ecw! Los Angeles 18. ° Q cab:

" (10) ° ae DAVID VAN EYE Dt ee

sng called: hait-s9htaide ty: abdon ‘iki of ibettiiauaal ©

‘ Counse] ahd, having been first uly sworn, was examined

and testified as follows: Ag

‘DIRECT EXAMINATION |

Q: By Mz. Jahn)” Mr. Van Eyk, would you please e

state your name and add for the record?

' A David Van Eyk. @ el

You want my home address or business?”

Q Home address: pr pee See ae.

A 4525 Deelane ‘Street i in Torrance. aarsd a3 :

ae EXAMINER:. Js‘that E-w? - | ae

E WITNESS: | Byk, Mee acce en

% ; . : < eA

5 6 a ‘ : ° -

; ' * .

°. : ah e ,

Q (By Mr. Jahn) By whom are you employed, Mr,

~ Van Eyk?

~ A By the Roofing Contractors! ‘Association of Southern

[11] California. _—-

-Q Andin what capacity are you ign sas by that As-

| sociation?

A: -Executive director. bear)

: And what is the address of the Association?

A 1833 West 8th Street, L. A. 17.

<Q ‘Now,’ as the execittive director, are you involved in

the day-to-day affairs of the Association?

A Oh, yes. —

Q Is the Association tnelepsented?_ >

A We Le

~.Q Does the Association have by-laws?

oo Yeu: 7

_. © "(RIAL EXAMINER: Show you the-name of the As-_

_ . sociation in Paragraph 1(b)- af the: oe. is that the

correct name?) © .

. THE WITNESS: AXes. Yok it is,

_° MR, JAHN: My Examiner, I a the rept to.

+ mark this document as General Counsel’s Exhibit 2 for

identification as a document. entitled, “The Revised By-.

laws of the Roofing Contractors’ Association of Southern

' California, Incorporated,"January, 1963.”

(The document’ above referred to was. tnarked Gen-

eral Gounse!’ s Exhibit No. : for idenitification. )

‘WR° JAHN: ~ Let the record show that I am now hand-

ing the witness a copy of General Counsel’s Exhibit No. 2.

[12} Q (By Mr. Jahn) Mr, Van’ oh would you take -

_ @ look at that, please? |

A Yes, these are our bs laws.

- Q Are those by-laws currently in effect?.

A Yes, they are. Hm-hum (affirmative).

A Have those by-laws been. in whet at all times since

- . January of 19687 ©

A Yes, they have. .

MR. JAHN: Mr. Examiner, 1 ‘Lotter G General Counsel's

- _ 2 in evidence,

_ EXAMINER: Any objection? rie

o> pall

“regular member’?

+ we + - -

“MR. PHILLIPS: No ebjestien. EY

TRIAL EXAMINER: r will receive it.

(The document above referred to; heretofore sania

‘General Counsel’s Exhibit No. 2, “was received in :

evidence. ) : .

Q (By Mr. Jahn) Mr. Van Eyk, does, the Roofing

Contractors Association have regular members?

A Yes.

~Q Was Strong Ropfing and Insulating Company a reg-

ular membek of the Association in August of 19637

A. Yes.

TRIAL EXAMINER: ~ What do yu mean by the terr:

THE WITNESS:,- If I may, I will elaborate. -

TRIAL EXAMINER: Would you? -

[18] THE WITNESS: Regular members, as we term”

them, are accredifeéd union roofing: contractar memiBers.

We also have an associate contractor membership cate- -

ory which. are’ ‘hon-union members. This went into ef-

- fect-in June of 762. -We also have a category of associate

members which* comprise the manufacturers, muppets, Fins

wholesalers, et cetera,

TRIAL EXAMIN ER:. How many in each category,

approximately?

THE WITNESS: ‘Well, at the siemens. time we have

approximately 85 regular ‘members, 10 of the associate

contractor mars, and about 35 .0f the associate - ‘mem-

bers.

TRIAL EXAMINER: Next question. : /

Q (By Mr. Jann). Mr Van Eyk, had Strong Ro ofing

and Insulating Company a regular member the

Asgociation for some time prior “to August 08019637

A Yes, they had. “> \ ef

_ Q “As a regular member of the Association, did Strong -

Roofing and panic cased pay a monthly nel “g

ship fee? . | peeks

A. Yes, he did.

Q Does the Association maintain a record pike

ie: membership fees. paid by its ascmiiat | ig

es, : \ ce

-Q ‘Was such a welll ‘ena maint

: ‘Strorig: Roofing and Insulating Company?

BA: Yes, it |

“ME, JAHN: Mr. Examiner) ask the 3

, porter to

mark this [14] document: as General Counsel’ panini 3

- for identification. .

(The document. above referred to was waned Gen- »

eral Counsel’s Exhibit No. 8 for identification. )

MR. JAHN: : - Let the record show that I am giving the

- Witness a copy. of General Counsel’s Exhibit No. 3. i

.THE WITNESS: Yes, this is the most recent record.

Q (By Mr. Jahn) Mr. Van: ‘Eyk, is that a record of

the membership dues “ by we Roofing Company? - «

“A Yes, it is. - |

TRIAL EXAMINER: This. covers what. period of

’. time? -

THE WITNESS: This covers—beginning’ April 24,

1962, April dues, ‘through April of 1964. ‘There is a more

| current card in this file right now. This is used in con- 2

_ junction with an NCR bookkeeping machine. |

TRIAL EXAMINER: This would be

‘form of its type?

TT E* WITNESS: Right. = |

- TRIAL EXAMINER: And the. figure in the apper .

right-hand corner is. the monthly dues? ay ee

THE WITNESS: , yes, sir.’ 4

Dee — TRIAL: EXAMINER: I notice that the ther | side has

they iy Hopaail a change 3 in their waite status, They :

‘were bonded through us. They had a bond Meposit. ey:

as ‘over. from a regular member status to an [associate con--

! yr sheenber ‘status, cat aatiels igre is a differ-

MR. IAN: Yes. 1 offer that doce “_ evidence.

ape? og: | Ae oe ee |

—_ —_—

3 MR, PHILLIPS: No inti: Px ite

TRIAL:EXAMINER: I will receive it, A’ ste

(The document’ above referred fo, hatetotare. wacked

General Counsel’s Exhibit ‘No. 3, was received in

: /orience.) : Elian Ft git :

- "Q (By Mr. Jahr). ‘Mr, Van:Eyk, is the Riofing Con-

poten ce eT party to a — nape? at me. .

time :

A Yes, we ive

And what union or unions is that agreement witht

°A With Local 36 and 72 of the Hot Roofers Union. — .

[16] Q On what date did the present aoe be-

_ come effective?.

A August 15,1963. |

MR..JAHN: Mr. Examiner, 1 ask ‘the reporter. to

mark this document as General Counaet: 8 ae 4 ee i

identification.

(The-document above referred’ to was marked Gen-

eral Counsel’s Exhibit 4 for identification.) ‘

MR. JAHN: : Let the record show that I am: now

‘showing Mr. Van -Eyk a copy of General Counsel's. No. 4.

THE WITNESS: Uh-huh, — 2

. Jahn) Mr, Van Eyk, is that the current

agreement, between the unions and the Association?

A This is the current master labor agreement, yes.

“MR. JAHN: Mr. Examiner, I offer carpe Counsel &

4 into evidence, -* ;

MR: PHILLIPS: No objection, .

- TRIAL EXAMINER: I will receive it.

(The document above referred to, heretofore ee

General Counsel’s Exhibit No. 4, was received in

" evidence.) : oe cael

Q (By Mr. Jahn) a. Van Eyk, w ‘did the n

tiations for the 1963 agreement, Genera i. Counsel’s Ex-

ma 4, begin? '¢ Pe

: _ Approximately March of 1963.

. And how Fong 4 did ‘those. negotiations & continue?

” “. x .

Me r oe

. ; 4 F) ,

5 . ° . ‘ . rf ’ °

*. .

Right | up through the 14th of Aug isi rae

<s Now, during that time that the Se eiatone were -

[17] place, did the Association ever notify its .

mena of 2 of the status of the negotiations? :

“MR; PHILLIPS: I would’ lke to enter. an tilestion. |

’ There is no foundation as to what Mr. Van Eyk’s role

vee in me negotiations. Did. he participate in the nego-

ations? —

oar EXAMINER: Why’ don’t we “find out about

-Q (By Mr. Jahn) Mr, Van Eyk, did you partietpate oe

- + $n the negotiations for the 1963 ‘contract? |

7 ‘A For the most part, yes, sir.. e. gil

Q - During those negotiations, did the Association niti:

fy ite enh ot he vate of the negotiations?

A Yes we did. |

me * And | could you tell us what dates—or what type of .

notification was given? —

A -Well, I can’t reflect avery particular one. However,

there were two open meetings to which all accredited -

roofing contractors were invited for-the purpose of dis-

cussing the negotiations, One was on the 21st of May and

‘ the other one-was approximately the 18th of July— n the

- middle of the month of July.

TRIAL EXAMINER: And by the term. “accredited.

roofing contractors”, you mean whom? - ae

THE WITNESS: We encompass the—I know—the

three courity aréa of accredited roofing contractors which

_- z,dineluded [18] our own regular membership. .

*- . ° Q (By Mr. Jahn) At any time during the tegotia-

tions, did the Association.‘submit copies of the provisions

; = hc eal che ale mal

"oh: Yea. : .

On July 27th, ‘the Association ‘cstin mailed to each ac-

credited union roofing contractor in those three counties —

gq mimeographed copy of the negotiations to date—those

_ . issues which had been agreed upon up to thet point. yrs

. TRIAL EXAMINER: Could you tell the: Do you or.

do you not have authorization from all of your members

for collective ee: :

$ P 4

0 Qi it

_ THE .WITNESS: All sexider iii: when ie eS

belong t@ this Association, automatically give \us their,

b Nining rights for the labor contract, |

IAL EXAMINER: That was true atthe time for ee

your regular members? .

THE WITNESS:- Yes, sir.

TRIAL EXAMINER: One other thing. You said that

Strong Roofing had been s member of the Association for ,

. ome years,

, | WITNESS: Wel 3

_ TRIAL EXAMINER: Appriniooatity.

THE WITNESS: The last membership a eae we

have on file—in these files was dated November 19, 1960.

[19} pase Mr. ne had been. our Association pres-

ident some rior to that. |

| TRIAL xAMIE R: So the membership of this firm

— antedated 1960; i sat you are saying?

_ THE WITNESS: _the most .recent. application I

have—I would assume a out going back through all of

the records—I would assume that perhaps at one time -he

either dropped out and then was reinstated or the Associa~

tion produced a new application form which they request-

ed each one to fill out. a. i

TRIAL EXAMINER: But in. any event, this firm has

been, 9 regular, mamaber since 19607 ogee

. THE WITNESS: Yes, I believe so es :

Q (By Mr, Jahn) Were the notices, that you referred

to eariler.sent,to:or- given to the String: Hedi, Com

pany

- A They were sent ‘to everyone on the accredited list

including Strong.

a Mr. Van Eyk, does the Association permit its mem- ie

bers to bargain with the union on their own behalf? <<

A No, sir. | egitatg

Q Are all members required to accept the contract

negotiated by the Association’. a

A’ Yes, sir. : ,

Q” Did Strong Roofing. st any time prior to—at any _

time —s or gona tits, 1963, request to with- .

12 . .

draw ite membership from the Roofing Contractors? As-

“Tare

[20] Not to my knowledge. |

| | MR SABN: U have no further questions, Me, Exan-

ér.

TRIAL EXAMINER: This request ‘about the change

_in monthly dues; when was that made? =

THE WITNESS: In the fall. The records wil show |

it 7

May I see that again, pleasé? os

MR. JAHN: Let the rd: show that the witness is

looking at General Counsel’s Exhibit No.3. =~

THE WITNESS: We adjusted the dues in December,

"which encompassed November, December, October, sosthe

: effect—October Ist; the dues structure was changed or in .s

prepa tera sil a regular member to an associ- ¢

ate contractor |

TRIAL: TXAMINER: But the request was made to-

_ December retrostivaly in October; is that what you are

The request was verbal—by phone

i can’t answer that in detail. I don’t know exactly when

it happened. I would assume it would be somewhere in

there because the adjustment was made in December and

it went back for three months. :

TRIAL EXAMINER: You are assuming the request

was made in December but it could have been as early as.

e THE WITNESS: It could have been in October A

AEN

CROSS EXAMINATION

Q (By Mr. Phillips) Wishes poet soibhicn: ba, the

| Joist fer Eetstions what. Your ponivion, now, on the

, < san acaeawesiapelies esi waeiiaiel e

Could you explain what the. Joint Labor, 4 Relations

Board is?

A The Joint Labor etme Board?

Yes ; ts Rees G

‘Yes, sir. Ona gt iemees

Te so cart of the cali ees aoe “It—it is |

set up as a—you might term “a grievance committee” to _

‘hear problems of: a contractor or a union man who vio-.

lates this particular—any portion of this particular agree-

"ment, ~ ~

oe Q Well, is it fair to say that the general function of :

this’ committee is to administer this agronnient Guring

the term of the agreement? +

A Ina broad sense, yes.

Q Etats up problons that rio with respec to the

agreement?

A This is right. As far as interpretation of contract-

ual’ language, as well as hearing cases wherein a con-

-tractor or a union man has violated some portion of the

agreement. sf

[22] @. Now, in Apigust of 1963, what wag your poai-

-tion with the Joint: Labor Relations Board? tert

A. I was assistant to the executive director at that .

time, re

Q You were not a member of the Joint Labor Rela-

‘tions Board?

A No, neither was he.. I am. not 2°member. of the

- Joint Labor Relations Board today. I am only there asa”

representative. of the Association. The members of*the |

Board per se, must be contractors and union or.an equal

amount of both. ;

Q Would you be aware of any correspondence directed.

to the Joint Labor Relations Board advising the Joint La-

bor Relations Board of intent to withdraw from the bar- ;

saizing weil, iroe! the berwaining SET PA. r

: d have to go through the records. Isat in on the _

meetings of the Joint Labor Reations Board, ae

Sak Te Co SORES SOND SReNEh eee og cake

a yenik Clie: aia tis ‘Joti Labor Relations.

receive a letter from Mr. sta — ae 20,

ror kbc =.

1 litinleaas

pom

7 purpose of this bind"

The purpose of the bond is to guarantee wages ‘and. |

ow, did Strong; to your knowledge, 1 re--

‘the bond ae as Joint Labor Relations

: hat he wanted to wi w from the agreement

vA es Be ate returned to him?,

FUBf- 20

sales

na atte

contained in that letter, as I recall.

t Labor Relations Board comply -

Join

. ) I read the ‘minutes of that particular meeting, ,

Seis) was turned over to Mr. Baitr who was then executive

- (, director Of the Association, for-him to handle inasmuch.

- \. a8 Strong had their bond with the Association. ~ -

\. Q Do you know whether or not the Association did .

' “Teturn the bond to Mr. Strong? ee

: A’ Yes, we did refund his bone to him,

Q At-what time? - :

‘bond was canoslled - ‘on thé 30th of ‘Siplenber

and it was refunded on the 3rd of January—the 30th of

| ee 1963, anid the ard’ of January of January, :

bess TRIAL } EXAMINER: ‘That, was & cash bond he had

THE. WIT} - He had 9 $400 eash deposit with the

lation fo Miles we, in turn, bonded him for $1, 000,

- . ’ a et wy ot.

; “ft OC be ;

Ys Sg ae

| > .

& ~~ o, ; eee D>

| , ri @ *@ 4 15°

i . . €£ ‘ c

‘*

[24] Q ; $6 inktially on’ thé ‘receipt of Mr. Strong’s

Leas abhae 20, 19637 Was it discussed at that time?

A. {No response.) - OMA

“Q » Were at the Joint Labor Relations Board meet

ings about ttime? ; a

°° nee aa; 4 shas-attoniltiia hind snbetiiegves: ;

Q- as this request discussed at those meetings? |

A AsI say, the letter from’ Mr. Strong-was read at _

that particular meeting and it was—atcording tq the min-

utes—given over to Mr. Baier of the Association to handle

- from ere. -

Q) ow, what is the statug of an associate member? .

A An associate member? An aSsociate member is ‘a

_ manufacturer, wholesaler, or supplier of roofing products.

Q I am sorry, I will Yap

‘A An associate contractor member is what-—we -have

that category for the non-union contractor members, |

Q Could you identify this document for me? | ,

A Yes, sir. This is our current list of the associate

-' eontractor members.

_ Q> And does that show Mr. coaeaheat rac

— member? «| ;

_. A. Yes, it“does. 7

MR. P. Si 1 do not Deore i is nesemary to

, oer this in in evidence.

thong I think I will. offer this in “evidence. |

oy *TRIAL © MINER: All right. pre

ME SHEN ‘objection? -

*-M I have no. objection. .

TRIAL EX. EXAMINER: | It may be marked and received

'. .° as Respondent’s No, 1. -

(The document ae a to was ‘marked. Re- ;

' spondent’s Exhibit No. 1 for’ identification ‘and was

received in evidence.) — y

! PRIAL EXAMINER: is pancalate member who is”. ’

. non-union does not have a bond? et so | oie

THE WITNESS: That ‘is correct. pee ,

‘Q (By Mr.: Phillips) An associate member is pot cOv-

ered by the, contract, is that correct? m

4 That is correct. . i

- ‘ .

° ‘

* a . e : . a

- : ; +

16 "

‘ .

: 2 . A ‘ . »

, " F

es R f

‘SQesNewed, jos

A. An associate aacndalaie member, Y

Q An associate contractor member, yes, I am sorry.

RIAL:EXAMINER: So'the record will be clear, we.

‘are talking only about associate contractors and not—but

_ not about the other associate contractor category.

<Q. (By Mr. Phillips) That is somebody outside that is

a manufacturer or. something?

A Right. . ¥

“Q Now, you testified on diréct examination with re-

spect to the fact that all your regular en automatic-

_ally gave you. bargaining rights. ~ Sood ,

[26] What is that based on? -

_A- Well, it is—first of all, it is part of the sailiahibon

—membership application which they sign. When they—

.-when they sign the. membership | ‘application to become

.-members they agree to abide by the by-laws of the or-

ganization; and the by-laws specifically state that the

powers for negotiating a master labor agreement are in*

_ vested in the labor committee.

TRIAL EXAMINER: Which aréele of he by-laws? |

THE WITNESS: It would pe 6 ate. ong ogre

: . ae »- .

[2819 (By Mr. "Phillips)- Do: you binbit’ whether or int ;

the ‘Association—don’t answer this if you don’t know—

had a practice in 1968, and inthe prior years in which

a contract negotiations were being held, of setding around

@ proxy or authorization statement to all members of the-

’ Association to' sign?

A -Not to the members| of the Association, but to re

non-members.

ue bat -Q Well—. Ae

‘A In other words, all accredited. roofing slaaieniabiees 2a

- who were not members. of the Association. We have—at °—

least during these last negotiations—requested a proxy.

A Well do you know whethér or not thesé had been -~

sent. around to the regular:‘members also? =

A They had been sent tothe regular members alo

se for their sree 1:00

= ~

1 ean a

a 4 .

2 :

MR. PHILLIPS: "Well, I move to strike ‘the sist gee

_ ofthe “edification.” ‘That is not sh og ‘ee Ate

* TRIAL EXAMINER: Mr, Jahn? . Ro.

MR. JAHN: Well, I think the sviteiain testifying ras:

to his knowledge of the situation and. I. think it should

stang.

TRIAL EXAMINER: 2 will “permit the answer to.

stand.

[29] « Would you explain tha -éferehce to “ parry a

»THE WITNESS: Yes, sir, Sk

’. We try to keep our membership informe evetsthing oP

- we are doing within the Association in every .category,

_and, therefore, copies of almost eyerything we do goes out —_-__

in. one form or another reeaped into a bulletin form oor .

‘in the manner that I speak of} = 8

TRIAL EXAMINER: You~éay you sent them as

-’ proxies, ‘

Do I- infer there was no _Foquitement that the proxies

be mailed back?

| THE WITNESS: There was no requirement, ‘on the’.

_ part of the regular members to mail these back. Pa

Ag ‘TRIAL EXAMINER: Were they or were. they mt

- in fact, mailed back?

THE WITNESS: Some’of them did mail them back,

_ yes, sir. We ‘have some signatures frqm. people who al-: :

‘ready are members on proxy forms. ° |

_ Q By Mr..Phillips) Well, isn’t it true, over a ‘period :

of many years, that the ‘Assécjation did send out. these -

authorizations to regular memberS each year and these

members. did—including ‘Strong Roofing “tare Tie

execute these authorizations each time? —

A. @ cannot answer that. J don’t-honestly know.

Q Do you have’ in your files authorizations from-

Strong Roofing Company from prior years? ~ —

[30] .A Not in this recent file. The end thing—you wee?

have the— Ge

on: have this ‘pplication which I will return to you.

’ Did you receive a subpoena duces tecum 3 ay?

A Yes, sir. 3

Q : Did that have on there a request for the authorize

tions

‘

rere

ont:

“SS

18 ee ~

oS a . . » ee

tks Wee @ik: «> 3 itr a!

However, the files in the office are’ limited. We have : a

great deal of the files in storage:

j ai Those authorizations were’ not available 3 in the of-

-' A That is right.

.. ‘TRIAL EXAMINER: You hate Drought everything

that exists in. the office?’

THE WITNESS: | Right.

Q (By Mr. Phillips) 2 think oa hive. testified’ that

Mr. Strong was accepted as an associate member of the

_ Association in January, 1954, and. has remained—

‘A In December of 1968. That is—at least that - is

when the records were changed for the dues. © “.

Q Right, and bev remained 80 ~~ until eeeenee of

964? .

Q wt do the records, now ow?!

A He has since cancelled his membership. We reveived

e; a note from Mr. Strong, I believe, the| end of August or

that record either.

It wasn’t a registered letter. I wrote him on several om

possibly early Septembér. I don’t have

17, [31] wrigade

_* ~® .* @ e

[84] | EP. BENNETT

was called as a witness by and on: behalf of the General

Counsel and, having been first sates sworn, was examined

and testified as follows: -

_ DIRECT EXAMINATION

Q (By Mr: Jahn) Will you etal state your name

~ and address for the record, Mr. Bennett, -

A My name is H. P. Bennett. My home address is

120, Apartment 15.° That is a. motel on Long Beach

~ Boulevard.

“brine address‘ $700 South Main Street ‘and,

cc =a ployed?

are you employ

A - By Roofers, Local 86

uf:

at; .

» .

> :

Q And in what capaciy are you employed by Loca :

36 * :

A Business representative. . “

: TRIAL EXAMINER: I might. state for the record’

. that; te et ine Se.2e 1 SRO, this Mr. Bennett and I are

not related. ete i Se,

Q (By Mr. Jahn) And what is the busiriess address 6

of Local 36?

A 9700 South Main Street, Los Angeles 8. ~

[35] Q Does Local 36 admit employees: to membership? *

& Yes, dros.

: Q Do employee members of Local 86. elect officers, of

the organization? =

' A Yes, sir. Se eee ELF :

Q- Does Local 86 deal with employers on terms and

conditions of employment? . i

A Yes, sir.

_ ° Q-~ Bir. "Bennett, I will show you General Counsel's Ex-

hibit No. 4 and ask you if you: stress deos in email

first, please take a look at that.

‘A Yes, sir. -

Q Did you Paice aa in the negotiations of that © con-

tract? 7

A Yes, sir. - ee

Q And when were shes negotiations completed?

A August saoreliunne sancti. sr as

A August 14th, 1968. |

cS | ° And when-was the contract finally agreed upon? -« .

It was ratified on August 17th, 1963, by our mem-

berth.

a Now, is General Counsel’s 4 the fir'st contract that

| eee Se

| tion ,

. A Will you repeat that? - Ray he

\ TRIAL EXAMINER: The reporter will read it back.

| +. (Record read.)

THE. WITN§SS: No, sir. is

[86] Q (By.Mr. Jahn) For how long has local 36

aaa. ’ -been- iene. =* the Association?

i WITNESS:. With a—along with an application,

; ; -

- ° ,

_.-& To my own-personal knowledge, since 1958, when

"I transferred into the Local.

Q Has it been the practice of the union to have’ the

individual contractor ee. of. the Association sign

the contract? my 6 |

A - Yes, sir.

Q And would you explain } how this —what procedure

- . was followed?

A By application which was for the information of the

files, so that the, contractor would fill. out his address,

telephone number, shop address, any changes, and an op-

portunity to name: the working member of the firm, oe >

‘go forth and so on. -

|. TRIAL EXAMINER: What would | _ the set ] pro-

cedure ‘be after the Association-wide contract was nego-

-. tiated? Who would take the initiative on that? .

- THE WITNESS: The union would go to:each and

every contractor, explaining any questions that they might

-want to have; have him fill out the application and sign .

_ the agreement,

> .. ‘NRIAL EXAMINER: ‘This would be the: agreement—

the Association. agreement—the copy-of the— .

- THE WITNESS: The master labor agreement.

. TRIAL EXAMINER: You go to the individual with a-

copy {87] of the master agreement and ack him: to sign

a new bond form and, in this case here, there was a new:

bond form. It was a new bond form that we apprised

each ‘contractor of.

- TRIAL EXAMINER: “And this would be a bond made

out to whom? >

‘'. THE WITNESS: To the Joint Labor Relations Board:

- Q (By Mr. Jahn) Mr. Bennett, how long has this

swaction Seen foliowat by the.union? ey

To my knowledge, since 1954, when. I—the first

I servéd-on the negotiating committee.

- Q Has Strong Roofing signed previous contracts which

ee ee ee ee eet

Q. Was ‘Strong Roofing requested to sign the current

agreement, General Counsel’s No, (4? :

A Yes, sir.

Q When were they requested to sign that a

A In the fall of—in the late fall of 1963.

Q Could you tell me where and by whom?

A To my knowledge—I can’t tell you where. I as-

3 sume that it was at his office by one of my. assistant bi

agents, Phil Sheridan. — .—

‘MR.. JAHN: Mr. “Kixaminer, I ask the» reporter to -

| mark [88] these documents as General Counsel’s Exhibits .

6(a) and (b). |

(The documents above referred to were tenet ‘Gen- Gees

~ eral Counsel’s Exhibits Nos. 5 (a) and 5{b) for iden-

tification. 2: :

MR, JAHN: These idouients are ‘entitled “Monthly :

: Transmittal, Union Roofers’ Trust Account.”

Let the record show that I am presenting these docu-

_ ments to Mr. Bennett for his review. .

Q (By Mr. Jahn) Would you look at those, Mr. Ben-

+ Moog

Can: you identify these documents, Mr. Bennett? |

. A Yes, sir. oes

These are transmittal forms for the fringe Denefite set

' forth in the master labor agreement.

. ‘Q Who compiles these records—who ‘prepare these

forms?

‘.- A The contractor: . Tee oes Spe ee

_ Q’ The contractor — them and does he submit.

_ them to your office? ‘

A No, sir.

Q. He submits them to the tintoa?.

A Ta the union trust account. . aioe

Are these records then kept in the seein course of

. your business?

-A These are kept in the union roofers’ trust account

as trustees’ records: . :

MR. PHILLIPS: - ‘Well, Is see nd one nee who nae, kept |

{

<. Mr, Jahn). Does your Local ‘receive ciple of

transmittal foxms? |

<4 sir, we do,

7 you recognise the i th which a pears “at the

bottom of each of those forms, Mr. which op

__A_ I believe this ature is Mra. Strong's, '

“MR. PHILLIPS: © I object to that for foundation.

TRIAL EXAMINER: It seems to— at,

MR, PHILLIPS :. We will stipulate that she signed

them,

-. (PRIAL EXAMINER: Both signed by Mrs. Strong;. is

that agreeable? sos

MR. JAHN: That is ag le to me,

‘TRIAL EXAMIN ER: stipulated.

at ee 6 * inte ye

(50). WILLIAM D. NUTTALL hes

: as See ss heii Wy ht bible of the General if

Counsel and, ha ra aaa Maa ead was examined

and testified as we:

DIRECT EXAMINATION

~ Q (By Mr. Jalin) Would you please state your name a

and address? |

A William D. Nuttall, 1586 East 82nd Street, Los.

. TRIAL EXAMINER: . Spell your last name for the

¢ Mr.

[51] THE W WITNESS: 5 Notte ‘ee

Q- er Ag r: dahn) And by whom: are you exxployed, |

Lede

: iisier ,

No.

Mr. I a

| 4 ag gg if you have ever discussed that contract

- <3) .

A Well, n sii dite ak enteei but I did contaet Mr.

bay 2 as to signing the contract, ‘yes: ;

_Q» When did you ask Mr. Stro to sign the contract?

: oh “tt was in the month éf April. -

| And where did this conversation take place?

HR PHILLIPS: What year?

THE WITNESS: 1964. ae *

TRIAL EXAMINER: That was your “first contact—

| ‘ THE WITNESS: That was- my first contact with Mr.

trong

‘'Q “ei By Mr. Sabn) And where did this conversation |

take oe an hag sie a 4

In Strong’s—Mr. Strong’s office. fe ee,

And who did you-talk to at that time? =. Se:

Mr. Strong. sf

And was there anyone else present?

No, there wasn’t.

And what was said at that time, to the best of your .

merorare

~~ 1621 recollection?

A I asked Mr. Strong about signing the contract and

he said that they—thinking things over, it did not seem

that it would be feasible for him to sign the contract and

, ‘we talked about why it should not be feasible. -

Q What exactly did you talk about—what did you

: say

A Well, he showed me in the telephone book the num-

ber of the ‘contractors. that were non-unior—that he felt

it was hurting his business—and that he would rather go

-. non-union rather than sign it—sign up with the locals

: We just—-

TRIAL EXAMINER: Are you talking: ‘specifically ee

i — nae ergy lyre ama G.C.’s 4?

THE WITNESS: ‘That is right. = ~ ;

[58] | - JOSEPH T STRONG

the witness on the stand atthe time of reces, resumed the

- stand and testified as follows:.

TRIAL ect Tee You are already sworn, Mr.

ss Strong. -

DIRECT EXAMINATION 2

* Q (By My, Phillips) What is your name and addfess?

A Joseph T. Strong, 400 East Live Oak hana San .

Gabriel.

ness,

Q Wha

Rees

Q ‘What is your business, Mr. Strong?

A I am in the roofing and insulating cantracting busi-

v at positon do you hold in that business? )

own th

You own "ie stron Strong Roofing and Tnaulting Cam-

Yee, sir, that is right.

How long have you been in the roofing business?

Since’ 1Q82. .

Have you confined’ your eperatons eset! to

one geographies ares?

Q @ “Ant bare have you confined your operations primal to |

wae penta of job?

* [69] A vam

ay eae om of \job is that?

& bop

73 fe

fe 5

5 E ne

ee sition cane some tile roofing—motly

_ Residences :

. Has it: been penal 3 residential jobet,

Yes, sir. be

. . eo *. «

Mr. ‘Phiflips)- Did you. sik to withdraw

mn ‘terminate the agreement and to with-

w from: dermaster enter at a later date? . .

ety

PL OT ea 1968.

Labor

Q Is at letter |

Rpm er os pee

A. Yes.

__MR. PHILLIPS: ‘L would ike to offer this into er ae

t’s No. 3.

He AL ERAMINER . Any ob this?

ME. JAHN: No objection ernie

| TRIAL EXAMINER: I will receive it.

Wiis Soluadk dons caer Ge Si

“eponceat's 8 Exhibit No. 8 ond was ‘Teceived in.

dence. )-

Q (By Mr, Phillips) Will you please explain

Trial Examiner what you intended w-do in

ge nd (61 WA 1g eh ar nan, x

. MR. JAHN: Mr. Examiner, I object to that. Wouldn’t.

the letter for iteelf in this case? :

- TRIAL EXAMINER: Well, it. speaks for itself. How-

i“ ona 5 ie, Bele am Hom aes wae eh sean

language.

MR... PHILLIPS: “Thank you. ne

pe WITNESS: May I see it so I can ‘refresh my-

"TRIAL EXAMINER: -

, if he had any reason for ue :

_THE WITNESS: The language which | dhought wa oie

article -in the master agreement dated August 15, 1963,

to-and including August 15, 1967, pertaining to the ter- ie

mination of the master contract.”

. I was under the impression that that article—assum-

ing it was similar to the previous master agreement which

had expired-<Aniiented that 1 ‘was able to takminete ‘my

consiestinonns-gitte tins eiicls :

Q. (By Mr, Phillips) Well, let me show you Article X

of that agreement. . }

Y. Is that the article you are referring to? s

- A I did not have this book at that time. , I had the

other, old book. on ees?”

Q- But it was a termination article?

[68] A’: It was # termination article, yes, 1 don't know

the sumnber-of the arte.

‘

"ing received an}

Q “What. was your sininitaities of what ‘that ter-

- mination article provided? « —

A That if the parties involved gave- each othe 60-

day notice that thay: could terminate any time within the

—in this case, within 60-days of ther termination of the

contract which is on August 15, 1967. That was my in-

terpretation of it. . i

Q. Well, it says—.

A 4 did it in good. faith.

Q It says, “Not less than 60 days

Did you interpret that to mean you could do this right

after the start of the contract?

A In reading it and in interpreting that section, I

jt meant that any time prior to 60 days—prior

to 60 days of the termination of the contract, that I could

. write this letter and be. terminated, Yes.

TRIAL EXAMINE This ‘was—you are talking

about the 1963 to 196 contract in this letter?

THE WITNESS: At that time I didn’t have that one

in front of me. ‘I did not know which article it was, but

I am.talking about whatever article pertains to the ter-

mination in the agreement.

Q. (By Mr. Phillips) How did you’ know that agree-

"+ ment was {69] in effect—the 1963 to 1967 agreement?

‘Al been receiving bulletins from the Roofing

Contractors Association. .

Now, did you continue to comply with the - grareein

———

for 60 days after that letter?

A Yes. | a

Q ‘Did you receive any ‘reply from the Joint sin Re-

lations Board, or the union, or the Association during the

" days? .

R At the end of 60 60 days we operated as a—not hav-

communications one way or the other, we ©

: y.

assumed—we ran short on w york, so consequently there

were no union roofers left on the-payrolls at that time.

"We operated ag-—tfrom mae _— @ non-union op- —

did you take at the end of the 60 days? .

eo f

: Be thinks AC ae :

“TRIAL EXAMINER: « If I follow you correctly—and

tell me if I am in error—you were under the impression

that you zould give a 60-day notice as of August 20, 19637

THE WITNESS: I am inerror as to the date I wrote

. t. I should have made it earlier. I realize— «|

“TRIAL EXAMINER: But you did write this—

_ TRIAL EXAMINER: It I. follow your position cor-

rectly, it is that as of the time you wrote this A

THE WITNESS: I did. , pie

20th letter,.{70] you: believed you could give a 60-day \

notice and terminate the contract, is that correct? .

4 THE WITNESS: According to my reading, I inter-

preted you could do it any

the contract which is-in 1967. fs .

“TRIAL EXAMINER: A 60-day notice as of i,

20 would terminate the contract? - | . abe

THE WITNESS: ‘That is right. no See

time before the termination ®f / ©

I had that experience— -

TRIAL EXAMINER: No, no. You answered my”

question, — re

THE WITNESS: All right. pe: : :

(By Mr. Phillips) Now, referring to Respondent’s

Exhibit 3, I notice in the second’ paragraph thereof you

refer to the deposit for the bond and requested the return.

_ of the bond deposit.

Was this bond deposit, in fact, returned to you? ©

A Yes, it was returr ° eens by

_Q When? 3

A In January, 1964.

os .-" 8 *

[72] Q. Now, did you personally receive any—yourself

—receive any communications from. the union;at all after.

August 19637. "ie, eh oe

-- A+ J did in April of 1964.

‘Q- Could you explain the circumstances of that com- -

, munication, telling who communicated with you? ©

~.""A Mr, Nuttal came to my office on April 24, 1964, and |

_ ° asked [73] me to sign the master agreement currently in -

effect. 1 said, “No,” that I could not do it for “economic

reasons.’ He asked me’ if I would sign it, and I said

“a

I could not. He mentioned that he was apt to pull the men

ws - * ete . " Reo eae Sa :

~ that I was using‘on the United States Rubber job—or

picket the job, rather. He would picket the job if I didn’t

sign ad contract which is: the current: master labor |

agreemen

Q Well, did he stat at any y me that you were bound

- ‘by-that agreement? i (a oh | |

. . A No, he didnot. — aie

~~ Q How did this meeting with Nutial come about? ow

you receive any prior telephone calls? < ss

A Yes, Mr. Nuttal called me the any. before seking’ fg +

an n appointment. |

‘* * o Pe :

[78] TRIAL EXAMINER: I would like to. a you a

question.

. Now, we have in evidence these payments that. were.

"made on September 24th and October 15th, 1963, by Mrs.

MR. PHILLIPS:: I am going to put on evidence with

to other communications with Mrs. Strong.

* . [82] MR, JAHN: Mr. Examiner, I request that the re-

shins mark this fecemnent as General Counsel's: Exhibit _

. No, atte

GT he’ ‘hisibuiak above: referred to was ‘marked Gen-

eral. -Counsel’s Exhibit No, 6 for identification.) '

Q. ‘(By Mr. Jahn) Mr. Strong, I.show you General

Counsel’s Exhibit No, 6 and ask you if this is your signa-

\ ‘ture that: eo |

\ ‘ A — \ ore

\ 4 : We, ames er ads bs ih ; !

Strong.

Were you familiar with the fact that those payments

were made? _ 4 |

ad Yee, sir. a iets a a gs a

[81] Q (By Mr. Jenn) Did you give a an n affidavit to the

Board, Mr. Strong? . | iy ot, *

ae ‘ A. Pardon? J

"=. » Q. Did you. give an affidavit to the ea on this case

ae So ee | aa

oe SS é goo

S aere Q Did you swear: at the time you gave thai affidavit Saar

ma . that it was true? .

ce A’ To the best of my knowledge, if you'll read it. )

& 6

ene Be eat _ 207

-+Q And are these your ‘initials that appear-on each ar

_ sheett—- 9 eal a, gsi sikh *

- A> Yes, sir. 7

Q —each of the preceding sheets?

: , A. ‘That is true. , » E Be.

- ‘Would you please read here beginning on page 2—at' ~—

the bottom of page 2—and, I ask You to read that, aloud...

A> “Tn late October, 1968, after I had submitted the

above letter to the Joint Board, a Mr. Bennett, an agent —

of Local 36, catne.into my office and spoke to my wife. I:

was ndt present at the Te ; ark |

. . “Bennett presented my wife with, a copy of the union

“eontract. which, became effective August 15th, 1963, and -

asked her to sign it. - STA Pah Games

~ MR. PHILLIPS: - I don’t see the relevance of his read-

_ing this section. ° oe sts’ ame nee sy

«4 MR.JAHN: It is relevant in that it is the only way it -

[83] is going to make sense to the later section of this

paragraphs {1 es ieee Pe ae

‘ (RIAL EXAMINER: Goahead.- - 9 ae

THE WITNESS: “She informed Bennett ‘that we had, -

requested to withdraw from the Association and we had

- received no “response. She told ‘him she would consult

with me that evening and call him the following day.”

TRIAL EXAMINER: I assume that what you just.

stated is based upon what your wife reported te you? ..

- THE WITNESS: Yes, sir; ©. en oon

TRIAL EXAMINER: “Next question; 5: “

Q: (By Mr. Jahn) Now, proceeding to page 4.. Would |

you réad this paragraph starting with, “The DORE i%.

A “The next thing that Irecall happening is that an-

" other agent of Local ‘36, a Mr. Nuttal, came to my office .*

‘ and again asked me to sign’ the contract. This occurred

in December, 1963. | Polat 4 ee

“T refused'}o sign the agreement. I told Nuttal the

same thing I had told Bennett.” 4 ida

, Q. Do you recajl that incident new, Mr. Strong?

_“ A& Tyecali that—it is a bit'in error in that Mrs. Strong

at that time: was also there instead of myself. I'd like to

correct it, if you don’t-mind. , | :

tiem «x

Q But ‘is date is seaiitit

A Hedidn’t in. Desianben-i don’t recall that—the

date i in December is on there, but he did call in December

—~[84] but he didn’t—I was not—

- MR. PMILLIPS: . You were not there? .

' THE WITNESS: I did not sée the Dieden there. .

' RIAL EXAMINER: In December, he. saw Mrs.

Strong and she so reported to you? 7

'* THE WITNESS:. Yes, sir. —

. TRIAL EXAMINER: By the -way, ‘iat is Mrs.

Strong’s connection with the }-siness?

THE WITNESS: She. is my wife and she has~been

' méanaping the office ever since we were married until 1958,

_ When’ she took a leave until.1962, and she has been at it —

_ Since that time... :

TRIAL EXAMINER: : She manages the office for you?

._ THE WITNESS: Yes, sir... .. :

‘ MR. JAHN:. Mr. Trial Examiner, as a point. of clari-

fication, I believe the record shows that when he read the

affidavit -He—it indicated the union agent contacted. his

a | ig Adgust and contacted ‘Mr. Strong in December of

.19 ;

' 'PRIAL EXAMINER: In any event, the now states

that the December contact was b to Mrs. Strong.

Is that correct? .

THE WITNESS: : It is, sir.

Q » (By Mr. J ahn) Did he also—did the ‘union agent

_ also contact Mrs. Strong in August? :

A. October. .

[85] Q Or October, I am SOryy.

A Yes, sir.

Q So he contacted her on two different occasions?

A Yes, sir,

Q Each time asking her to sign the contract? _

‘MR. PHILLIPS: I think—

TRIAL EXAMINER: That has’ been asked and an-

swered already. :

MR. PHILLIPS: Mrs. Strong. is going to testify

J bine

87) MR. JAHN: . Mr. Examiner, can: oY ie this af-.

fidavit into evidence—Mr. Strong’s affidavit into evidence?

MR. PHILLIPS: I object to it.

TRIAL EXAMINER: You are offering that portion

that he read? = | .

MR. JAHN: Yes. | ‘ : he Be

MR. PHILLIPS: It is in the record. He read it in

the record.

_ ‘TRIAL EXAMINER: As a practical matter, if the

record already indicates what it contains there is ‘nothing:

to be gained by having the affidavit physically:in. How-

ever, I will consider the extract in the record as though the -

' “- affidavit were in evidence.

_I gather that: is aj, Mr. Jahn? |

MR. JAHN: Yes, I have nothing. —

MR. PHILLIPS: I would like to call Mrs. ee;

Whereupon, ;

’ MRS. JOSEPH T. ‘STRONG

was called as a witness by and one behalf of the respond- .

ent and, having been first duly sworn, was examined and

testified as follows: ;

[88] _ DIRECT EXAMINATION :

(By Mr. Phillips): What is te position ‘with .

_ Strong Roofing Company? ae

A. I am the wife of the owner. »

Q And how long have you held that position? How

long have you been connected with the firm?

.. A Thirty years. .

‘ 2 aire you handle all ‘the purchasing and so forth?

0. ©

Q ‘Could. you state whether or not the extent of: the

total purchases. from any source of suppliers and other —

materials used-in connection with the Strong Roofing Com-

pany business during the last fiscal year exceeded $50,000? . f

A: ,No, sir.

~Q > It did not so exceed?

A_ No, it did not exceed.

-Q Now, I would like to show you General Counsel’s

Exhibit 5(a). This is a trust account. Did. you prepare’

7 = Ta and send it in to your trustees? ”

Q Have you, iy eg to that, Prepared any fur-

ther trust accounts?

A have: (0-3 :

- QI mean after that date?

“A No. | | Ae

Q -Is that the last. one that you sent in? |

é Bee, A> That’s right.

* * « +

[90] Q (By Mr. Phillips) Now, Mrs. Strong, do you

-recall whether a representative of Local 36 came.to your

‘* office in the fall of 19627

A Yes, sir. ae P

- Q De you recall the date? rote

A Ef /couldn’t recall the date exactly; except 1 can say

’ it was probably around the 18th to the 20th of October.

Q Who was the union. representative?

A Mr. Sheridan.

- Q And would you please tell the Trial Examiner, as

_ eloselyas you can remember, exactly what happened in

that conversation—what was said.

A . He came ‘in the office and he said. that he had come

for [91].us to sign the new.master agreement, and I said,

“I am sorry, Mr. Sheridan,” that Mr.. Strong had sent a-

- - ‘Jetter in to the effect that he was not going to re‘sign, and

I asked him if he had not.seen it or known of it, and he

said, “No,” he didn’t, and’ he said, “How come?” And he

- . said, “T hate to see you drop out,” and I said, “We hate-to

drop out.” And I said, well,: ‘I would. talk to Mr. Strong

that evening to see if, by any chance, he had reconsidered,

and that I would either call’him or he would call me—,

_which he called me the following day, and I told him that

~I was sorry, Mr. Strong was remaining firm in his belief.

oe Q Did: you’ receive any—did bu have. any oe :

' meetings with Mr. Sheridan? _ : pe :

A Yes: « aN

On the morning of December the 10th I met with Mr.

‘Sheridan in: our office with our salesman.

Q How was 3 that meeting arranged? : , ey,

A».I believe that Mr. Sheridan had talked al our Super- -

intendent. a. a

MR. ; AHN: Which year? Ss iad

- MR. ‘PHILLIPS: © December: 10th— a

Q: (By Mr. Phillips) December 10th of what. year?

A 0f,1968... -..

MR. JAHN: And What ¥ was the October. date? _

-Q (By°Mr. Phillips) What was the October date? |

bed A I believe it was around the 18th to the 20th of:

1963.

/ MR. PHILLIPS: I think that was in the record.

Q (By Mr. Phillips) Now, could you describe, as close-

ly as you can remember, the convention that took place

on Demene: 10th between you and ‘Mr. Sheridan? . e

Yes.

‘Mr. Sheridan came in the office and he talked with—

well, Mr. Smith, Sr., and Mr. Smith, Jr., and Mr. Moore

and myself, and asked’ us to. re-sign the agreement, and .-

he'said, “Mrs. Strong, if you don’t sign it, I am going to

. have to pull your men—”, “—my men.” - He said, “my

men,” and I said, “I am sorry, Mr. Sheridan, but at the |.

present time I don’t have any union men,” that both Mr.

Smiths had taken a withdrawal from*the union and that

_ Mr. Smith, Sr., was studying for a roofing contractor’s li-

- @ense, and the two of them were going into ee for

_. themselves, which they have done.

(98). -Q (By Mr. Phillips) Did Mr. Sheridan, i in either zs

‘ of these meetings, state that you. were bound—you were

- required to sign that agreement? ~~

A No, he did not. I simply said -that I was sorry and — F

that maybe at some future day— .

Q Right. O-K. - ; ?

PURPOSE:

GENERAL COUNSEL’s EXHIBIT #2

eee RM cig F535 Sakis

ROOFING CONTRACTORS’ ASSOCIATION. _

OF SOUTHERN CALIFORNIA, INC. . -

Or pee wre pe eet ee ns OE se

- - —_ a - peo

NAME:

The name of this corporation shall be the “Roofing Con-

tractors’ Association of Southern California, Inc.” __

ARTICLE I

A.. The purpose for which this corporation shall exist shall

be to aid and assist its members and the Roofing In- .

3 —r as 4 whole in matters relating to industrial,

educational,| social, community interests, labor rela-

_ tions, union contracts and other activities which may _

‘- be determined by the Board of Directors to concern

_ primarily members of. this Association and the Indus-

try in which ‘they are engaged. hae. 22

B, To reach a more complete understanding and a more

uniform trade relationship between employer and em-

ployee and to promote the general welfare for the mu-

~ tual interest and benefits of all concerned within legal

C.- That its objectives either as principal or as agent be

. Such as, authorized by law for non-profit corporations —

jayne hin purposes other than and not contemplat- _

pecuniary profit and gain.

at 222) \ Boch Men im

‘ARTICLE IX

_ LABOR COMMITTEE: - eh ise

The duties of the Labor Committee shall be to promote

amity between the members and their employees; to act

as a Committee to negotiate labor contracts with unions

and

ee ee en | pe se

" terms deemed necessary and proper. ~ Each and every ie

- meniber’s, exclusive bargaining representatives. for nego- *

| tiating, reaching, . agree ng vide DY na /er-—-sionimne

unions. No member or members shall engage in any such

conduct individually or collectively by any means whatso-

ever other than through said exclusive. resentative ac.

tion. Such labor contracts negotiated by! the Committee

_ for and on’behalf of the Regular-Members of the Associa- .

tion shall be at least two (2) years but fot exceed five (5)

years duration, subject to the conditions herein set forth, .

without approval of the Board of Directors. No member —

or members shall.carry on any Roofing, Damp or Water- |

proofing work during any period when the Association ©

Labor Committee shall have declared in Association Wide ©

_ lockout or shall have declared a strike against one or more _

ceasing af euch Roving, Damp aad Wate eae ae

' ceasing of such Re g, Damp an aterpr ‘work

_ Shall continue until the non-working period shall be ‘of-

ficially declared“by the Labor Committee to be at an end. :

_ Any such labor contract negotiated by the Committee shall

be binding upon the Regular Members of this Association .

separately and collectively, ‘but shall not impose any indi-

vidual liability or obligation upon any separate member

for the breach of artiy such labor contract by any other —

e member. When the Labor Committee is constituted for

* the purpose of negotiating labor contracts with the Union; -

said Committee shall consist of not less than three (8):

members, This Article shall not be considered to be bind: __

ing on any Associate or Associate Contractor Members. _

‘ .

: ae * We Oe es

EM OLOYER'S NAME end ADORESS (Piecse Type or Print |

@ be

itt PRES

‘Month Ending. Set No

§ “Wake e Peyeble To: y, x

a a ee i a ee

oi. - An Sees cae « in 5

“ IM}

[. u > tor |. |

v 5 oe

at 242

lt e 70

; \

“i _

" pat RECAP

‘ a ip naa AS, ne

: ~—- a

: 4 ! TT

; 2 ‘ ol’ votet Koues 1'tg

; en Y ares,

“Se } Write

' L i ae ee

Mss: *. i Yo yoran nouns Pay this Amt

BRAS a

OCT 3 HET =

& Sti | tail itd , ’

‘ BOR _ UNION ROOFERS TRUST. ACCOUNT ae

OPS Ad ADO Caan To or Poet Dote

er a

ai ae ee ' Payroll for Month Ending _____"_ Set No

| , y Moke Checks Peyable Te: ys

| UNION ROOFERS TRUST ACCOUNT

ee es a

"2 eth = 2 ma

tig 4.3.9

wee: , ns ES" 28

. a = = 32 : }

2 r: ; Los

. F Se

he TOTAL, HOURS ed oe Py this At

Bont a it em,

her 01 tone

( ——, ~ mnmun 4 tun 0 mmmmnnn 0 tn 9 mmm | me mmm. ©

Locais No. 36 and No.72

a |

United Slate, Tile'and Composition

_ Damp and Waterproof Workers

“

FF fF fF

39 |

hm ELE

pit

g8s< zat

Hee

BR |

fee?

Lie

eae

oC mila Recognition. Hiring & a Dede eee

a ae Ee ca antie

rin ai 8 °. bf $ — A

7 SaaS

ec e

Holiday. 20 *

. een:

PREAMBLE —**

We; the Members of the time-honored Roofing Arts, .

Trades, and Crafts, for the purpose of insuring the un-

impeded flow of labor, under fair, just and equitable

. conditions, and for the purpose of stabilizing the Roofing ©

Industry therefore this AGREEMENT is made and en-:

- tered into effective the 15th day of August, 1963, by and

‘ between the ROOFING CONTRACTORS’ ASSOCIATION

' OF SOUTHERN CALIFORNIA, INC., ROOFING CON-

- TRACTORS’ ASSOCIATION -OF ORANGE COUNTY,

INC. (for and on behalf of its members and those firms ©

who ‘have executed authorizations for the Association to...

represent them in labor relations) and. such other per- ~

. gons, firms or corporations as may become parties to this

___ Agfeement, and LOCALS NOS. 86 and 72 of the UNITED

~~ SLATE, TILE AND COMPOSITION ROOFERS, DAMP |

AND WATERPROOF WORKERS ASSOCIATION, affili-,

ated with the. AFL-CIO. err sets

ee Bargaining Representatives *

That the CONTRACTORS hereby recognizes the UNIT-

ED SLATE, TILE: AND COMPOSITION ROOFERS, ..

* DAMP AND WATERPROOF WORKERS ASSOCIA-

TION, namely ‘Locals No. 86 and -No. 72, representing _

the geographical area of Los Angeles; Ventura and Orange -

Counties, as the sole and exclusive bargaining represen- .

tatives under the terms of this Agreement. The UNIONS

hereby recognize the ROOFING CONTRACTORS’ AS-

SOCIATION. OF SOUTHERN’ CALIFORNIA, : INC.

And ROOFING CONTRACTORS’ ASSOCIATION OF

-Q@RANGE COUNTY, INC., as the sole and exclusive;

bargaining répresentatives: for its Members and such

- OTHERS of the Roofing Contractors of Los Angeles, ie

.. “ Ventura and Orange. Counties as these Associations’ are

‘authorized by this Agreement and/or by law to represent,

under the terms of this Agreement. - - 5h ae

Soo Senpe of Surladietdon:

7 1: This Agreement shall cover the application ‘of all

(roofing, waterproofing, slate, tile, asbestos (rigid), as-

Sai

= a

; Siete — ae Bieri Al

bestos and composition aiding: and viet insulation | mate- _

a which shall include but not be limited to the follow-

net: ae

All slate of any size, shape, color or seetirlel: includ-

ae flat or promenade slate when used sg roofing or

ng. 3

All tile of any size, shape or color, and: in any Manner: -

laid including flat or promenade tile when used for roof-

ing or siding.

- All asbestos shingles or saliniial of any size, shape or

color, and in any manner laid when used for reofing or ©

siding.

All cementing in, on or around the said slate, Shingle

“or tile; -

All laying of felt, Paper or any other types of water- .

proofing beneath the ve mentioned work;

- All dressing, punching and cutting’ of all slate, shingles

or tile on job site.

All operation of slate, shingle or tile cutting of punch- «4.

ing machinery on’ job site. | oe

' Any subgtitute or new material used for roofing and.

» waterproofing purposes. °

All removal of any type of. roofing where a, roof” is to

be relaid;

All kinds of asphalt and composition roofing; .

All asphalt and.mastic when used for damp, and water- 7

proofing purposes;

All prepared paper roofing;

All compressed paper, chemically prepared paper, and

burlap when used for roofing or damp and waterproding

_ purposes, with or without coating; -

All damp resisting preparations when applied: with a

- mop, three-kno Sain roller, swab or spray system in or

outside of building; |

ay damp course, menting or coating on all foundation

‘wor

All tarred floors; EDA pe x

-All laying of slate, tile asbestos shingles, id wibiates :

_ .when laid in pitch, tar, eget mastic, marmolite, or

any form of bitumen; | | |

. °

t. reinforced. Sininite slabe for side when

a poliited ép- ‘with or lafd upon any preparation of asphalt, ~

> —— cements,. or other, mastics, on: : roofs, flat or other-

Al hot. mastic floor laying; ’ ,

All bitumastic enameling, pipe wrapping . other rust

’ proofing;

All Thikol, Viny} and Neoprene and any. other plastics :

used for ‘roofing and waterproofing;

.- All cleaning up, ‘recoating and protective , coating of any

type of roof;

ee ‘roofing thaterials at ‘the job-site shall be loaded

by employees covered under the terms of this Agreement.

- “3 All of the Work mentioned above and all other work

that comies under the jurisdiction of Roofers’and Water-

proofers shall be done by employees covered by this Agree- |

ment.

~ - ment) used for the handling of roofing and waterproofing

_. materials as listed above shal: be’ under tite jurisdiction

of the Roofers and Waterproofers and’ will ibe run by -

is “employees covered by this Agreement.

5. All work mentigned or implied above, shall be and Se

. ds a first assignment of said work to Roofers.and Water-

as proofers. covered by this ent,

a 6. al Shingles. aN, be aca unaer thia

contract.

‘The following will fie definitions of words, terms or-

phrase used iat this Master’ “Labor Agreement... ae

“trade etd indentured under the State and Federal

‘a Apprenticeship Standards as hereinafter provided.

a Contractor-Employer:. Means one: who hires—eon-

vin Une directs another and pays and complies ,

requirements as set forth in : - agreement.’

©. Disharged: Means ne a &

Puts

‘ ~ Z : . : nt » . =} | A ec : ps

4. All job site equipment ( including ‘motorized equip- es

A. Ap : Means one who is learning the roofing _

pe: |. 38

oes a ¢

D. Employee: Means oné who works for another ‘for

_ wages and is in such a relation to the other person that’

- thellatter may control the work of the former and direct

the: manner in which it shall be done, = —i“‘8y ee

E. *Enameler, Protective Coating Worker and Pipe

Wrapper: Means a man who prepares surfaces and ap-

plies protective coating, bituminous or otherwise, ‘to pipes,

conduits, surfaces .and ‘articles. a ene

: - KF, Foreman: Means a Roofing Journeyman who has

_ the Contractor’s work order and is appointed by te

ployer to supervise other Roofing Employees and their

_ work and,is responsible for the proper execution 0 the

-work, the satisfactory completion of the work, and/is to

account. for all equipment and: material _on the job, and

shall.keep an accurate record of all time worked by men

‘under his supervision.’ = = «© |... /°

.G. Free Zone:. Means a: aphical area within —

which an Bmployee is not paid for travel time. _ :

_.H. Job Site: Each. place at which roofing work of any -

type is being performed, “i shies te et AR AD Ee

I.. Journeyman Roofer: Means an employee who has

completed his: apprenticeship training| on roofing and

gvaterproofing work or who has qualified by an approved -

examination. _. ae ewe :

_« J. Just Cause: Means fgilure of any Employee to prac-

- tice his craft or perfornt his labor in a workmanlike —

“manner according to the accepted rules, as -interpreted~ .-

‘by the Joint Labor Relations Boards. | ! 3

_. K. Tay-Off: Means suspension of employment of the —

Employée by the Employer for an indeterminate time. —

L. Regular Employee: Means one who has worked for

a contractor for. wages at least sixty (60) working days

‘during |\the previous|six (6) month period. | =.

. M.. Roofer: Means an applicator of Slate, Tile, Asbes-

| Composition shingles, built-up roofing or of any -

product| which is or may be used for roofing, except those.

Employees who apply wood and/or metal shingles. ~

N. Shop: Means regularly’ established place of: busi-

provided in ARTICLE: III, SECTION C of this .

: 43

~Q. Shingle or Sider: ‘Means 2 an employee who esiilien

any type of shingles :or siding, other Sen wood or metal,

to the exterior of any structure. |

-.P.. Slowdown: Means a deliberate identiatrar of produe-

tion output by Employee : or Employees as a result of a

labor dispute.

_ Q. Starting Time: Méans the time when the Employee

must, be prepared to commence work.

K. si veagiobe Means an Employee appointed ‘by the

Unio to represent the Unions on a job of in .a shop.

- §. ike: Mearis authorized cessation of work by the

‘Employee or Employees as a result of.a labor dispute. _

T. Sub-Poreman: ‘Means one who works as a sub-fore-

man under the supervision of the Foreman having the

'- Contractor’s work order.

U. Tools: Personal tools: means “hammer, cutting .

knives, tin sips, trowels, tile pick, hard hats and proper

shoes: or any other ‘tool, instrument or implement, used

by one hand needed £ do his work, and said tools must

. be in th possession Employee when. reporting for work.:

- V. Union Membership: Means Membership-in any

Union /affiliated with the United’ Slate, Tile and Composi-

tion Roofers, Damp and Waterproof Workers Association

withi the geographical jurisdiction ef Locals Nos. 386 and

(AB.

- Working Member: INo more than one maine of.

‘th firm who must be designated. on the application at

: e time this contract is signed by’ the firm may . work

2 On the job site

&.. Work ‘Stoppage:’ Means ‘an unauthorized, cessation

jot by mere et oe htgod as a result of a a labor

ARTICLE m oe

‘Contractor's. Eligibility

- A Contr yr shal] be any person, persons, firm or

- corporation in the application of roofs, damp-

proofing and/or waterproofing and all other activities as

set> forth in: Article I of this Agreemient and he shall be

- eligible to exectite this Agreement om he meets the

— conaitione: ey.

. *.

A. Be the holder of a current ©-39 License as issued .

by the Contractor’s State License Board of the Depart-

“ment of Professional and Vocational Standards of the —

State of California. The holder of the license must exe- .

eute this Agreement, together with the owner or principal

officer of the company; if they are nét-one and the same

as the holder of the license. Wisk,

B. Carry full Workmen’s Compensation, Public.Liabil- —-

ity Insuranee, Property Damage Insurance, proper gov-

ernmental registration nfumbers to operate as a contractor.

and shall submit’ certificate of said insurance and gov-

ernmenta] registration numbers to the Joint Labor Rela-

tions Boattvto be kept on ‘file with that Board. He must

- operate ad maintain a recognized place of business. _

' CA recognized place-of business is hereby defined as:

A place which: has a telephone on the premises listed in

~ the name of the licensee, and said place is located in.a

zone permissable for the operation of said business as.

required: by the laws and ordinances of the area in. which

said business-or shop is located, and has a company sign

visible from the street with lettering not less than six:

-inches‘in height; a place from which men are sent to the

job site, a place to change clothes and safely store em-

ployees’ tools and sanitary facilities on the premises; a .

place from ‘which employees and equipment are dispatched

“and a place where all materials as per ARTICLE I shall —

‘ . be regularly stored. at ae, y S47

All ‘necessary records to conduct a business including -

the writing and issuing of payroll checks. Complete pay-

roll records will be kept. — EB

. D. No more than one roofing company shall operate

from the same premises unless authorized by the Joint

Labor Relations Board. ; |

-"B. Contractor shall be required to post an indemnity -

or cash bond in the minimum amount of $1,000.00, as . —

described in ARTICLE IV and same shall be deposited

with designated Trustee.

» 4 ‘

46 7 | :

aigie cae hace ARTICLE IV

Ee had ete .

A A pestsrestde shall have the option of. aching one

of the following types of bonds which shall be recognized

as complying with the terms of this agreement: Individ-

| ual Cash Bonds, Individual Surety Bonds, Roofing Con- -

. tractors’ Association group Surety Bond, or any other ~

\ Joint Labor Relations Boards approved Group Surety

Bond.

B. Any bond written and. given. to the Joint ‘Labor

Relations Board or their designated Trustee in compli-

ance with the terms of this agreement shall be in the min-

imum amount of $1,000,00. However, when ‘a signatory

Contractor issues a non-negotiable check in payment of

wages,. subsistence, fringe benefits or other remuneration {

to employees covered by this agreement, and samie is not

made good within 24 hotirs from time of issuance, in addi-

- tion to being in violation of Section 203.1 of the State

Labor Code, he will also be subject to the following action

by the Joint Labor Relations Boards. At its discretion

this Board may -require additional bond indemnification —

up to $1,000.00 for each offense, not to exceed $3,000.00

in total’indemnification. Failure to provide additional in-

deninification within five (5) days as outlined above will

be cause for immediate removal of all. employees covered

' ©. “As an eatiie the Joint Labor Relations Board

is authorized to require a delinquent Contractor in addi-

‘tion to his present bond, to post. with designated Trustee

_ @ eash or surety bond in an amount equivalent to not less

than double the average monthly contributions made to

all Funds for the -preceding year by said Contractor and

said cash or surety bond shall be used to \guarantee con-

tinued future contributions to the Funds and to assure

against future delinquencies by said Contractor.

.D.. The Joint Labor Relationg Boards: as set forth in

Article VII hereof may assess a bond for any delinquency

(1) of payments for wages, subsistence, and other re- |

‘ mugeration to the Employee (provided that. a written -

| claim therefor is filed with the J oe Laker pation”

Pe Bice. j 2

- Boards within (80)- days after the date when due), that .

are due, payable and unpaid to employees; (2) of pay-

' ments of fringe benefits past due to the Union Roofers

-- Trust Account, and (8). for tiquidated damages and as-.

sessments in whole or in part for violation of the teyms -—

and conditions of this Agreement. .. ; ‘ee

E. The bond of the indivdual contractor and the bond

of any recognized Association, or any other bond, shall -

at all.times be maintained in the full amount hereinabove .

set forth, for each contractor. Said Bond shall indemnify

- employees of. the signatory contractors with regard to

~ payment of wages, fringe benefits, subsistence and travel

‘time as set forth in this Agreement and other remunera- _

tion to the employee and shal] further indemnify the.em- __

ployees ahd the Trust Funds with respect to payments

required to be made by the signatory contractors to allof

the Trusts that are a part of this, Master Labor Agree-

ment, and for any liquidated damages or assessments that

may become due under this contract or are levied by -the

Joint Labor Relations Boards as set forth in this Agree-

ment. | ‘ oer" 4

- F, All Bonds, Surety or Cash, shall also indemnify all

employees of all signatory contractors to the Joint Labor

Relations Board for payment of all wages, fringe henefits,

subsistence payments and othér remuneration to the em-'

ployees or travel time that may become due to.signatory

contractors’ employees, whether they be under the juris-

diction of Locals 36 and -72 (the Signatory Unions) or

other Roofing Locals in other geographical areas within. -

the State of California, when. a signatory contractor is_

performing work in. such other geographica] area. Such

indemnification amounts that may become due and remain

unpaid shall, upon written notice presenting satisfactory —

proof of same by the Local Union in th¢-area where the

_ work was performed, be assessed against the signatory.

- contractor’s bend by the Joint Labor Relations Board and —

“be forwarded to that Union for. payment to the men and/

or Trusts concerned. This Section F shall be effective only . .

when there exists a reciprocal agreement to the same ef-

fect: between ‘this Joint Labor Relations Board and thé

. Joint Labor Relations Board, Joint Conference Board or ©

¢ -

ct $1,000.00 or such atonal ts as may be

‘by the Joint Labor Relations . a certain . *

canteen ha'eat tocth: hertin: d e, maybe depos ited.

. by whigtever name the Collective Bargaining Agreements

; oo ra gen body for such other geographical area is™

<a" 1, Individual Surety Bond—The surety shall bind

itself to-pay any assessments made by the Joint Labor

Relations Board on any signatory Contractor -for items

_ covered in Section E & F above, after 4 hearing and vote

as provided in ARTICLE VII herein’ up to the full amount

of the bond cnrvently in effect for obligee.

2. Association: or Group Surety. Bond—In liew of the

individual surety bond hereinabove provided for,’ any ap-

, proved roofing contractors’ association of twenty (20) . .

members or less, recognized as such by the-Joint Labor _

Relations Board, may post a minimum group bond: of

. $10,000.00 to indemnify the employees of their specified

_ members individually to a liability of $1,000.00 per meni-

‘ber. For each additional four (4) members,’ or fraction

‘thereof, in excess.of twenty (20) such group borid shall

be. increased by $1,000.00. Any Association availing itself

of this option shall provide a list of all-its members who

are covered by said bond to the Joint Labor Relations ;

Boards and shall keep such Boards advised as to arty de-

- Ietions or additions at least. ¢very thirty (80) days. A

revised list showing the current.members covered shall

: provided the Joint Labor Relations Boards on each

nniversary date of this Agreement. The surety for any .

get grotp group bond shall likewise bind itself to pay any. as~

ts made by the Joint Labor Relations Boards f

all ‘items\covered in Sections E & F above after a hea

‘ing and vote as provided in ARTICLE VII hereof up to

: the basic minimum $1,000.00 penal sum per employer as

set forth herein. If any additional indemnification is re-

|. quired ap set forth in ARTICLE IV, SECTION B, it

shall be ‘provided in a separate individual bond by

contractor. .

%. Cash Bond’(a) A cash bond in the minimum amo

with the designated trustee ‘of the. Joint Labor Relations

Board in lieu. of a surety —_

. Ny ;

+ . . .

t ° r ‘ °

7. oa eremans ; c > a J ot +

/ o ey J \, . : aps é Ing v:

° / Da . >

: aP ‘ - :

“AG:

-(b) dh igi diel clelh te grideektacduiaton. tin ae

' Joint Labor Relations Board for any assessments made -

_ by this Board on any. signatory contractor. for i cOV- -

ered in Sections E & F above after a hearing. and vote

as provided in. ARTICLE Vil hereof up to the, _ amount —

of such bond. —

™% (c) Said cash bond. principal, amount, once “deposited,

ion “shall .be refunded only when this Agreement has been

_ terminated or 90 days after a written. application to the

“Foint Labor Relations Boards has been accepted present-

' ing satisfactory proof to them that the Contractor is no

_ Jonger contracting work within the jurisdiction of any

local. Union signatory hereto,

. (d) The Trustee shall have the authority to deposit all

of, or any part of said funds, as received, in a Savings

: and Loan Association or a Commercial bank account, to-

gether with funds from other Contractors, or the Trustee ae

: shall have-the authority to invest not.more than. 15% of !

ae ‘ gaid funds, together with funds received from other con-

tractors, in United States Government Bonds, Certificates.

of Deposits or ‘such other investments approved for Trust .

Funds. -—

4. THE UNION ROOFERS TRUST ACCOUNT shall

collect ‘al] income received by reason of bond assessments,

interest or otherwise derived from the investment: or de-

_ posit of said cash bond funds. The income shall first be

* applied to the’payment of expenses of administration of

the Joint Labor Relations: Boards and secondly to the pay-

ment of taxes of all’kinds, and any balance of income

shall be retained by the UNION ROOFERS TRUST AC- .

COUNT. The depositing Contractor or Association shall

pay any taxes levied on his proportionate share of- said -

funds, if any. ~

5. The refund of the Contractor’s deposit upon direc-

. tion of the Joint Labor Relations Boards shall be less all

assessments and levies on the principal authorized by the’.

Joint Labor Relations Boards under the procedures set

forth in this contract..

, 6. In ‘the everit a Contractor oa does not have an |

: oa ‘established place of business within the geograpbical ju-.

risdiction = “this Agreement, performs, work covered by

vA,

: - Board, or other -similar administrative agencys in the ae

< a ibe sithiat titative jciabaetioa covered |

. ‘by this Agreement, he shall not he required to furnish

“the bond required by ‘this Agreement provided: that the

Union, Joint. Labor ” Relitions. Board, Joint. Conference_

- jurisdiction where said Contractor has his principal office,

has a reciprocal agreement with the Joint Ls Labor. Rela-

“tions, established by this. Agreement acéording sig-

natory Contractors to this Agreement the same pfivileges

a a a ee

ie ” Union Recognition—Hirtng—Discharging |

All ae Contractors: ‘hiring employees shall abide

: by the ternis of this Section with regard to the provisions .

‘set forth hereinafter.

Pe: The exclusive bargaining. right shal be vested in.

the signatory parties to this ent up to and includ- -

ig August 14, 1967, and any extensions and renewals

thereof.

+ #2. Inthe. event a: Contractor isin need of seapteinne } in.

, addition to those. currentlly in his éniployment, he shall

use the appropriate. Union Hiring Hall as the exclusive .

“source of. oe save and except as hereinafter set ‘

LS AS i?

. the Contractors the called for number of availalble quali- -

- fied, competent and skilled workers of the skills demanded. :

4. ‘The Unions shall provide hiring halls as the exclu-

. sive source of employees.

a) All employees shall have been assigned trom ae

recognized hiring hall. .

Th) No employees Shall transfer from one: company to.

(ey) a ee Soy debited ua not Saeed Fad:

. | ing shall be lal off within twenty-four (24) hours upon

to. the Loca "Union ‘of their demands* for cmlayee

- veto, en ee oF eee

” ,

¢ . . eo

— - er ‘

6. ah the Contain whens tng: dumplabecd aie. aval.

able through ‘Local Unions within twenty-four (24) hours ©

(after giving: notice as set out in’ Section 5 ‘above), may.

procure workmen from other sourced | :

"7. That the Contractors shaB have. the at to reject

any’ referred employee, provided foeeres t said re-

jected referred employee ghall be paid by said ‘rejecting -

Contractor at the wage: set out-herein> for a four

(4) hour period as show up time. Any employee diss .

‘patched from. the hhall before 8:30 shall be paid from the

+ time. i

8: In “the event that Sirizige are made under Section.

6 above, the Contractors shall within twenty-four (24)

hours, report in writing to the appropriate 1 Union

‘ each such hired workman by name and Social rity ,

-nfimber. o

, Contractor shall nao the job foraeiiasi with same » tn aera

formation at the time of the starting of said employment. |

9. Fhe Union Hiring Halls. shall be conducted: in the ,

following. manner:

(a) Without ‘reference to rules, radian ely

_., constitutional, provisions or any other aspect‘or obligation .

. of union membership, policies or requirements or lack a

union membership.

. (b) Maintenanes of. sey Sea hiring iste.

_ upon lists in the chronological order in: which tesy fre

' sent themselves in person for employment. es

(d) Dispatching ‘to requesting Contractors with refer-

, ral slip bearing, Social Security number, skill classifica-

tion, rate of * pay, Contractor’s name and address, and

address’ of place to report,” ‘dues check-off authorization,

time ‘and date of dispatching.

10.’ Classification of Employees: Employees shall be

Pes | classified as follows:

* GLASS A: All mien'who have had’ three (8) or more

- years of local pipertonth in the trade and who have passed

an examination. —

| Al: Apprentices actively engaged in the Appfentice-

ship rer as set — in this ‘opectames: :

E .

. ‘

. 7 ” tes *.%

. “<=

: >

BB. ; Het . 's ee so see sia ce

CLASS B: All men who have had less than three (8)

_+ “years local experience and who have passed an examina-.

" « . tion. pee Sree a Ok we eee

_. GLASS € & TEMPORARY HELP: —

-.All men who are not’ qualified by way of local experi-

ence and who have not passed the-necessary examination ~

nor enlisted under the apprenticeship program as above.

“All men. so classified shail‘reriain so until tlhey comply |

2) ype Giana siraviaiome SS jee es ont Sy

ee (a) Local experience as used herein shall be experience

- $n the work and trade within the geographical area of _

- . Orange, Los Angeles and Ventura Counties in the.State* -

«of Californm. — ER BET eae gS a ae: ire * :

_ ‘. .(b)-Three (3). years ‘experience as used herein is de- d

fined to mean 120 weeks of employment in the work and* |

trade within five (5) years last past. =

*(e) In the event a Journeyman from another Local

nion, by transfer, is placed in.employment prior to hav-

_ing taken the examination as required herein, said Class

+. C-employee shall take an examination within thirty (80) . |

days, and-in the event he fails to do so, he shall there - Si‘:

after be classified as-Class C. Employee until such time as. . fae

he has successfully passed the examination. However,

‘ failing to pass the examination, said Class C man cannot’

take the classification test for a period of six (6) months. . ee

_ .(d) Examination as used herein ‘shall be-a test cf uni- @~.

_ form skills and knowledge in the trade as prepared by the’ ,

Joint Labor Relations. Board and given-by -a—representa->—__

tive thereof. 2 * é ager ms WG. peer

— +e. (e) To require all applicants. to fill out an application

card at the Union Hiring -Hall,-stating the applicant’s,

name and address, amount, type and place of experience

' -and name and address .of last Employer. To enroll the

2 but ‘not dispatch any. applicant who willfully gives

~ false or misleading information on his’ application card °- -

until such false or misleading information ‘is cbrrected' = *

~~ and the true facts ascertained‘ The burden to present ,

required information or verification, thereof shal] be upon

_, the gpplicant. od oie: a

(f) Any applicant feeling aggrieved vindet the provi-

sions of this Article may appeal to a ag 7 which is

. - : . . - 4 ‘ +

. . . . ”

° : 0” es -¢ z , * : ° “a

: ° . ‘*% ha ‘ +S ¢

r a . ° e . :

- tion of the Appeals Committee to consider any complajnt

of the employee or applicant for employment arising out .

a of the administration of the local hiring hall.:The Appeals ..-

‘ _ Committeé shall have the power to make a final and bind- ©

ing disposition which shall-be:complied-with, = 9 |

_(g)- To dispatch regular employees by name upon writ- . .

ten-request of the Contractor regardless of said requested *

_ regular employee’s position on the list. The regular.em- —

’ ” ployee shall bring a letter from the Contractor to the hir- - -

ing hall at the time of dispatch., — PEE Pe a

“ -"'."(h) All workmen émployed by oné or more of the Con-

-. -*traetors for a-period of eight (8) days continuously or

* aceumulatively from the date of employment /or effective —

| > date of this Agreement, whichever is later, shall as.a |

‘-. egndition of employment make application and tender the

»- yniform initiation fees and-dues in effect in the Union,

“ee signatory hereto having work and area jurisdiction and

:% . #£ said period-may be shortened under the Taft Hartley .

Act (by amnehdment theretod, said minimum period desig- «

nated: shall be craven & incorporated herein. Ce,

_ . 11..\That admission to.the Local Union ‘shall be upon

. terms and qualifications uniform and equal to all employ-

- * 12. It is expressly yndegstood and agreed by the parties

. hereto:that in’ dispatching employees under this MASTER .

LABOR AGREEMENT .the Loca] Unions assume no re- ~

sponsibility for the skill, competence or experience of the ~

employees dispatched. = sate ee ey

18. In the absence of: express written request as set ~

-out- herein referrals shall be mde in the following order

ie i ee

4 i

See ema

yh Ne hanes ¢ — \

+ LIST NO. 1—CLASS A JOURNEYMEN oeph

: RRS AL INDENTURED APPRENTICES tase te

)

“LIST NO. "S_CLASS G MEN’

“LISP NO. 4— TEMPORARY HELP

) ‘14, Contractors. shall not discharge any employee cov- —

ered hereunder for Union Activity, which does not inter- .

‘fere with the proper physical performance of his work,’

_, nor shall Contracto discriminate in any manner what-

soever. for. such activity, nor shall. any employee. be dis-

~~>~—¢harged for asking fo ‘proper compensatiqn and fringe :

benefits as required. by this Agreement. -

_. 15. ALL CLASS C and/ox TEMPORARY HELP em-

ployees: must upon notice “by. the Union Hiring Heli be

j . laid off within twenty-four (24) hours and replaced with

CLASS A, APPRENTICES or B-men, when such help is

fee, available for. steady employment.

16. The provisions of this article | shall be posted. ver-

batim in clear, bold type in a conspicuous place ‘in. the

Union Hiring Halls and in those places where employees

.or applicants for employment may: read the same at Con- |

8 place of business.

17. All hiring, dispatching and referral practices by

the parties hereto shall be mutually open to inspection of

‘ the other a at-any and all reasonable times. - @

. Axmous VI few

ee - Sertked—Lockouts—J uriedietional leks A; al

A: That it is the purpose and intent of the parties

hereto that all grievances or disputes arising between

. them over the interpretation or application of the terms —

of this Agreement shall be settled by the procedure set

forth in Article VII hereof; and that during the terms

of this Agreement the UNIONS signatory hereto, or in

. whose behalf this Agreement is made, shall not during

the term hereof, call or engage. ‘in, sanction.or assist, in

a strike against, or any slow-down or stoppage of the’

work. of the CONTRACTORS: and each of them will ree

its Members to perform “their services for the CON- |

ACTORS on the work described hefein when required

yy said pac, ee to do. so; and, during the term ~

- of this encuneaal s a CONTRACTOR signatory. to this :

Yai

ar. eee fone

. - « % ol

a - ee .

¢ . - . °

. v . ‘ 2

. > .

Agreement shall not ‘caine’ or permit any mabe of . the

et Members of the UNIONS signatory hereto. -

ra _ B. That the UNIONS guarantee, during the term here-

7 of, that there shall-be no strikes, slow-downs or stop-

pages of work ‘occasioned by :jurisdictional disputes.

C& That all jurisdictional disputes between the signa-

tory UNIONS and any other Unions affiliated with the

patie ete: American Federation of Labor’ and C.1.0. shall be deter-.

Nae thined in ‘the ‘manner and by ‘the proceduré established

3 by the National Joint Board for the Settlement of. Ju-

risdictional Disputes; pr, in the event the National Joint —

Board for the: Settlemgnt of Jurisdictional: Disputes is’ —

. abolished the procedures established by the Building and -

- Construction’ Trades Department of the American Fed- .

eration pf Labor shall prevail. Such deterthinations shall

be binding upon and accepted by the CONTRACTORS °

- and the UNIONS. ie

D. N othing ‘contained in this Agreement or. any part

thereof, or in this Article VI or any part thereof, shall

affect or apply ‘to. the UNIONS in any action they may

- take against any CONTRACTOR who. has: failed, neg- ~

‘ lected or refused to comply with or execute any settle- © *

._. ment or decision reached through, the final grievance pro-

cedures or the jurisdictional determinations of the _Na-

- tional Joint Board for the Settlement of Jurisdiction Dis-'.

- ‘putes, or ‘in the event of its abolishment, the Building

and Construction Trades Department of the American

Federation of Labor; or the Joint Labor Relations Boards,

., @8 set up herein, or the ik ce gras seme as. set

up mines ‘i “we : |

e . ~ ARTICLE vo

Grievance rere ey :

“ There is hereby established two J oint Labor Rela-

tions Boards which shall have only the authority to per-’

_ .. form the fufctions set forth herein. The Los Angeles

I ns County. Joint Labor Relations Board shall be composed of

f six (6) representatives of the Contractors, all of whom

°° ‘must be actively engaged ‘as ‘Roofing Employers, and six - ©

oe, sr ben sc of the UNIONS, - of whom shall

. . , . — i a ° - a - - e

’ ° ; — “ _~ 23 ‘ . s |

ee on |

c ‘N.S . . ” e , |

Be active Members ir nd standing pf the Local which

‘they represent. The Orange County Joint Labor Rela- =~

tions Board shall be. coniposed of four. (4) representa-

tives ef the Contractors, all of whom must: be actively

engaged as Roofing Employers, and four (4) representa- -

tives of the Unions, gll of whom shall | attive Members °

in good standing of the Local which they represent. The -

CONTRACTORS and the UNIONS shall, in addition to |

their six. (6) and_the-Orange’ County four (4) regular °

_ members, appoint one (1) alternate from each group.

alee 1._The Los. ‘Angeles’ ‘Board covers Los Angeles @ounty

. . and Ventura County, six {6).members Union and six (6)

~~ members Employer (one of. the Employer representatives

"shall be from the Orange County Board).’: The Orange

> County. Board covers Orange County, four (4) Union and -

_ . four (4) members Employer-(one of the Employer repre- ©

' _gentatives shall be from the Los Angeles County Board). -

. . B. Each of the parties hereto shall, within. thirty. (30) -

days. after execution of this agreement, appoint. their .

representatives and alternates and designate:one ( A) reg-.

, ular representative as Chairman. Immediately upon the.

appointment 6f such representatives, each party hereté

ify the other party, in Writing, the naffes and

addresses. of each Z the representatives and of .

”

~ ©, Regular meetings: of she Lae! Angeloe Joint Labor ~ 2

Relations Board shall be held-on the second working day ° |

- of the first week of each calendar month, unless notice. to.» :

. the contrary has been given, and any postponement shall ee

‘not be over seven (7). days.. Special meetings, if required, —

< may be called by either Chairman by notification in el

ing, to the other Chairman, stating the reason for which

“the is being called. The Boards shall be precluded -.

frort. any item other than the.subject specified. j

in the request for a.specia] meeting. The Chairman shall ~

- “notify: representatives and alternates of the convening of

hea meeting through the secretary of the Joint Labor —

Boards. The Orange County Joint Labor Rela-

ee eer en eee Danley Ke to aie. &

. \ ‘ fas

\ “f

» .

- Re Te ‘a

: -D. Fifty. (50) om cent of at from. each party "

hereto shall constitate’a.quorum. Proxies shall not be al-

| lowed, and in no event shall the number of votes cast. by

representatives of either party exceed in number the votes

east, by representatives of the other party, regardless of —

the number of representatives present, The Joint Labor

Relations Boards shall require a majority vote to carry

any question. The decision of the Boards shall be final,

conclusive and binding upon all parties to this Agreement,

except as herein provided. All members designated as

_ voting members on the issue at hand must cast a vote, ~

Failure to cast a vote will be ‘considered as a “yes”. vote. -

E. The Joint Labor Relations Boards. shall have the .

power to impose liquidated damages, and assess the bonds.

'‘ of any party or parties to this Agreement where agreed

by vote as above provided, for non-payment of wages and

fringes or, for the violation of any Article of this Agree-

ment, provided due notice was given party when violation __

- occurred. Any sums of money to be collected by reason of -

imposition of liquidated damages or assessments on bond

' shall be deposited with and must be collected by the Union '

Roofers Trust Account,

_F.. The Joint Labor- Relations Boards shall have ‘the

_ right to sumpion, question and examine any party to this .

.. Agreement, or their representatives or agents, in connec-

tion with any question which may arise over the violation —

of any Article or Provision of this Agreement. . : |

G. In addition to the functions above set forth, the

Joint Labor Relations Boards shall have the authority to

_review and make recommendations to the parties on mat-

ters referred to it by the parties. The Boards. thay, upon

its own motion, make recommendations upon matters aris-

ing out of the interpretation, application and operation.

. Of the provisions of this Agreement. It is understood and

agreed, however, that the Joint Labor Relations Boards. '

‘shall not have the authority, to make -any recommenda-

. -tions which would add to, alter, vary or modify any of

the terms or provisions of this Agreement, |

H. The Joint Labor Relations Boards shall have the

| power to ane 4 dnd appoint « one or more persons, who.

Zi ;

?. 58

7 -siaitb “be iatenitiis for the sialon of scerttate 1 minutes

and records of the Boards. ©

“+= Wf’arbitration is required, only as a result of a dead-

lock. of the Joint Labor Rélations Boards, there shall be

established a three-man Arbitration Committee composed

of one (1) representative of the UNIONS, one (1) repre- _

*. geakative of ‘the CONTRACTORS, and a third arbiter,

selected by ‘the two (2) above appointed arbiters. All

arbiters shall.be selected within five (5) days, each se

lected at such. time as the Arbitration Committee is re-

quired to meet, and shall be, whenever possible; composed :

of persons not directly involved in the specific dispute.

The Arbitration Committee shal] hear gnd review any

grievance submitted to. it by the Joint “Labor Relations

- Board and shall make final ‘adjudication of the same by .

majority vote, which shall be final and binding upon all ~

‘of the parties ‘to this Agreement. Detisions to be made

_ within ten (10) days. The fees and expenses necessary

for arbitration and/or the consideration and deliberation -

of grievances which are the results of a deadlock, shall |

be paid Jointly by the Contractor and Union. In the event

of an appeal of a Joint Labor Relations Boards -decision

as -® arbitration, all aoa for this arbitration shall be

paid by the losirig pa

J. If within five ( (Ey. days after shes two (2) arbiters

: attempt to choose a third person to act as arbiter, they

- are-unable to “agree upon such third person, the third.

person shall be chosen by immediately requesting the local

‘office of the Federal-Mediation and Conciliation Service |

' to submit the names of five (5) persons qualified to act

_ as arbiters. When said list has been presentéd, the rep-'

resentative of the UNIONS and the representative of the -

CONTRACTORS of the Arbitration Committee shall each

have the choice of rejecting the names.of two (2) of these

‘five (5) persons, and ‘the remaining -@@efifth one shall be.

- sélected as’ the third arbitér within twenty-four (24)

hours after submission of said list, and it shall be manda-

tory for said arbiter to render a decision within five (5)

days thereafter, unless extension of time is mutually

' » UM, All grievances)-other than jurisdictiona] disputes, —

| ‘any grievance, shall have the authority. to modify, vary;

_. retained by the Union and a second copy shall immediately

.K. The chine cet‘ ipueitially ‘ives Wik ies ate

_ sion of the pera and/or the decision of the Joint Labor _

Relations Boards, when not appealed to arbitration, may

be enforted as though a sigtoneet £6 a court of compe-

tent jurisdiction. - 2

L. No jurisdictional disputes. between the UNIONS

signatory hereto, and any other Union shall be submitted

for determination to the Joint Labor Relations Boards or

the arbiters, but sha}] be determined inthe manner pro-

vided for in Paragraph C of Article VI of this: Agreement. ss

arising out of the interpretation or application: of any of ©

* the terms or conditions of this Agreement shall te sub- -

mitted for determination and shall be determined by the

‘procedure set. forth in this Article; but neither the Joint .

. Labor Relations Boards nor the arbiters, in determining

change, add to, or remove any of the. terms. or conditions

of this Agreement. - ‘ ie

N. The members, alternates or duit. authorized. apres

sentatives of the Joint Labor Relations’ Boards shall not -

be liable for any: decision rendered by them -for any: ‘Tea- _~*

soh, except for malfeasance of office. |

mie 0. Where a’ grievance or dispute arises, the Dosisens

Agent or ‘Assistant Business Agent shall. attempt to ad- :

just such grievance or dispute and he shall notify the

, other parties in writing at once that such grievance, dis- ~

‘pute or violation exists.. A copy of this notice shall -be

be sent ~ the Secretary of the Joint Labor Relations: ‘

“The | ‘Union ‘Dusiniegs Agent or Assistant’ Business

; Pie shall have access to the project or shop during

working -hours for the purpose. of checking cards or re-~-

_ .ferrals or of. adjusting grievances or disputes, and shall.

make every reasonable effort to advise the CONTRAC-~

' TOR, or his superintendant or ear of his presence on

the -project. 3

Q/ In the event-a dispute or-grievance cannot be set- .

tled as provided for in Section O, iteshall be referred to .

the Joint Labor. emsieed Boards by the CONTRACTOR vt

. . , ; e °

° > je meh fo

. so - @ , Ls .

: ce . - e ° . .

. . - »

: ; 4 @

* ° “

‘ or the UNION and to the other party, by sending written’ ~

‘

notice to the Secretary of the Joint. Labor Relations .

Boards. Said notice shall contain Whe hame of the CON-

TRACTOR and the UNION directly involved, the date

and place of occurrencéand a brief statement of the na

ture of the grievance or dispute. Upon receipt of such.

written notice, the Secretary of the Joint Labor Rela-

tions Boards shall set the matter for hearing at the next”

meeting of the Joint Labor Relations Boards. Copies ‘of

_ the alleged violation contained in the request for the Joint - ~

Labor Relations Boards hearing’ slall be post-marked to °

_ all parties involved not less than ten (10) days prior to .

- tions Boar¥s*as above provided.

the established date of hearing. All ‘charges and griev-

ances ‘must be. recorded within thirty (30) days after

occurrence, With the Secretary of the ‘Joint-Labor Rela- —- -

_R.” Findings, conclusions and judgment of the Joint

Labor Relations Boards shall be ‘made in writing <not .

. later than five (5) working days after the termination

of the hearing, with copies sent to UNION and the CON: 9s y._—s

TRACTOR directly involved. - ‘

S. It is agreed that the Joint Labor Relations Boar

_ shall maintain a complete list of Aggredited Roofing Con-

credited Roofing Contractors and the UNIONS. ~- — -

-f. The parties hereto futrher agree that in addition.

tractors, which shall.be made availble to all other Ac-

* - to the Joint Labor Relations Boards and in order that said

. Joint Labor Relations pore shall have the opportunity a

to hear and have presente? to them sufficient evidence to

decide'a articular case, that upop the request of either

party to thié Agreement, an Investigating Committee shall

be formed com of 1 Union Representative and 1 -

Contractor Representative to be designated by the respec-

_ tive parties hereto; whose function shall be to investigate

any and all complaints made against any of the parties

hereto regarding any and all violations of this Agreement. .

Said Committee, after making ‘it’s investigation, shall pre-

sent it’s findings to the Joint Labor Relations Beards. sy

ae 5 . ‘ ae stat %

’ Agreement, shall be superseded by. this Aggeemént.

_ tractor to this A

-”. ing jurisdiction, The Unién shall-eonsider such appliva-’

CS Qe” oe

Conflicting Agreements :

A. That all existing Labor Agreemeiits between CON-

‘TRACTORS and the UNIONS, for work covered.by this.

‘B. No CONTRACTORS signatory hereté shall’ be re- -

- quired’ to pay higher. wages:or be subject to less favorable -

. working rules than those applicable to other CONTRAC- .:

*. TORS employing Members of the UNIONS, performing

_ such sithilar work in. the same jurisdiction: pitts

~ ¢. 7 ayes

’ . ARTICLE IX hos

. ; 6.-> : ens

OO Le le

_. A. Any’Employer desiring ‘to become a signatory Con- :- :

oaks aay or any counterpart of @his ©

Agreement, shall first apply in writing to the Union hav- ©

_ tion, and iftit finds¢that the applicant: meets all other

requirefhents of. Article III of this Agreément permission

. to sign this Agreement shall be given. Any investigation

‘ which the UNION may require te-determine whether the -

requirements of Article III are complied with shall be

completed within ten (10) days after the application-was

Gret tendered; ve ow | |

'B. *Any Contractor coming into the. jurisdictional area

of Locals 36 or 72, and-who have a current Labor Agree- .

ment with any Roofers Local of the United Slate, Tile and °”

Composition Roofers, Damp and Waterproof Workers'As- “

‘sociation, shall sign this Agreement and use and

Broadway as his starting point. Hé shall employ at least

50% of the Journagman Roofers from the .appropriate. -

hiring hall of the Union in whose jurisdiction the job is ..

: G Any Contractor establishing a néw roofing contract-

ing business after the inception date of this contract must

use 7th and Bréatiway as his starting pdint for the first -

120 days... Théreafter he may select ‘the starting point’ ,.

rdance .

_ ° nearest his’ edtablished: place -of business ‘in accordance’

- with Article XIII, Section A. °° Ne

. . .

: s . 5-

a. $e aes es ' ; . te ee 25

, i- ay ae

ARTICLE X rs

‘ 5 9 a 4% on 5 iy

Duration—Termination—Renewa]

A. The term of this Agreement shall commence on

August 15, 1963, and continue until 12:01 A.M., August

15, 1967, and fer additional] period of one.(1) year there _

after, unless not ‘less than sixty .(60) days prior to Au-

. gust 15, 1967, or 60 days prior to the end of any subse-

quént yearly period, the ROOFING CONTRACTORS’

"ASSOCIATION OF SOUTHERN CALIFORNIA. INC.

‘ ORANGE COUNTY ROOFING CONTRACTORS’ AS-

_ SOCIATION, INC., and/or OTHERS, representing the

’ Employers, or the signatory UNIONS, give written notice

by. mailing, postage prepaid, registered or. certified mail,

' return recéipt requested, ‘to the other, of desire to modify

and/or amend, or terminate this Agreement. That,. if

- notice is so given by either of:the parties as aforesaid, -

the other party receiving said notice must give notice not

. less than sixty (4@). days prior to August 165, 1967, or

the-end of. any ‘stibgequent yearly period, of any modifi-

cation of or amendments to this Agreement, or any por-

tion thereof, which it desires to negotiate and which are

specified in detail in said notice. - |:

.. B. That negotiations upon the proposed modifications

or amendments shall begin not later than forty-five (45)

. days. prior to August 15, 1967, or the end-of any subse-

qu¢nt* yearly period, and continue until. agreement is

reached; provided, however, if'‘no agreement is reached by

‘ August 15, 1967, or by .August 15, of any subsequent

‘ yearly period, the signatory CONTRACTORS or the sig-

natory UNIONS, acting in their own behalf, may there- .

after give written notice «2 termination, and the Agree

ment shall be deemed terminated ‘on, the date specified in

such written notice of termination.

. >: Cs In the event the Roofing Contractors’ Association

. of Southern California, Inc., Roofing. Contractors’ -Asso-.

ciation of Orange County, Inc: jointly, and Locais 86 and

72 jointly, agree mutually to reopen any provisions of this

Agreement for the betterment of the industry, any ‘such

_ joint and mutual agreement shall be binding upon all sig- .

Pos :

ge. . a8

‘ " . — 7 #?

. : - >

} ‘ Fi -

-* ’ nen oe aetese . .

; were . 1-63

<a “a" R ® " a -

ae . . a ae : eg

natory: parties hereto including OTHERS, but shall: not ~~

' “be retroactive. This provision does not apply- to -Article

. + XI-A unless there is a 10% increase in Department of

, . Labor Consumer Price Index in any one year. Under no -

condition ‘shall payments under Article XI-B be lowered.

| Wages and Fringe Benefits ee

A-1, EFFECTIVE AUGUST 15, 1968, the following

hourly wage rates be paid to classifications listed:

Amoun® Roofers Dues -“/n%:

Received Fund Check-off Wage

Foreman t : $4.91 10 05 +$5.06 -.

Sub-Foreman = { ) 481" 0 : 05, 496

Journeyman <<) bs 4:56 | 10: 05 - 471

Pitch Foreman * cet ae 10 05 . 536.

Pitch’Sub-Foreman. © 5.11 10 05 6.26

Pitch Journeyman and - Bie rear

_ Enameler or Pipe Wrapper |

and Protective | } : :

_ Coating Worker’. - . OBB 9 05 5.01

EFFECTIVE AUGUST 15, 1968, all new Applicants —

indentured under the Apprenticeship Program will serve

‘three (3) years and shall be paid no more or no less'than.

_ the following hourly wage rates. (These will be shown

“on the front of ‘the yellow Official Apprentice I/D. Card

which must be in their possession). agin ata They i :

DS hea ate Fy, Total Wage |

| ip: ’ Le SRS Se Per Hour.

‘8 Month Probation Period—60% of Journeyman scale._._ $2:89.

' . Second 8 Month Period —65% of Journeyman scale____—«8.11—

Second 6 Month Period —70%° of Journeyman scale_- 8.84.

‘ ‘Third 6 Mont Period © —80% of Journeyman scale___ 8,80

Fourth 6 Month Period —85% of Journeyman scale_____ 4.08

Fifth 6 Month Period = —90% of Journeyman scale:__-_ 4.25

Sixth 6 Month Period © —95% of Journeyman scale 4.48

._ (The above are total wage rates and the :10¢ Vacation ™~<°

and .05¢ Dues Check-off shall be deducted from this total)’

ree

‘ os ao

: . ; ~ a M F 3 :

. 4 ee ? ’ a . .

| An ipprintiots sania Sto to Fon 15,. 1963,

_ shall receive the hourly oo UD: Cas as stated on the fade

of their blue Apprentice ecard, which must be in ~

Class -C or Temporary Help shall be ‘paid T% | of the .

Journeyman hourly wage rate or. $3.52 per. hour total,

thi possession. —

from which ‘the .10¢ Vaeation and 05¢ Dues Checkyoff

shall be deducted.

It is understood that all overtimé pay shall be calcu-

lated on net wage only (less Nacation Fund and Dues

Check-off and then this 15¢ is to be added to the total.

_ (EXAMPLE: Time and one half for: J ourneyman— one

$4.56+-$2.28—$6. 84+-.15—$6.99 total wage.) | “

B-1. In addition to the above wages the following con-

tributions shall be paid for each hour worked by: each —

Employee working at the roofing trade beucla a ~_

up member of the Union or not).

.15¢ per hour—Health -& Welfare Trust Fund

O1¢ per hour—Administration (Union Roofers Trust

“~ + Account)

ec per hour—Apprentice Trust. (Union Roofers Ap-

’ prentice Training Trust Fund)

At the same time’ the above are remitted the .15¢ with-

hheld for Vacation and-Dues Check-off are also'to be sent

_tothe Union Roofer® Trust’ Account making a total per © .

Re hour,. <ber employee, of .82¢. This shall be sent in one .

_ check’ : by the monthly transmittal form. .

| Wages and Fringe Benefits

A-2. EFFECTIVE FEBRUARY 16, 1964, the follow-

ing changes ‘shall be made:

All wages remain the same. ‘

-B-2. In addition to the above wages the POL con-

" tributions shall be paid. for each hour worked by each

employee working at the. roofing trade eninge a ‘Paid

up member of the union or not). ~

- Ibe - per. ‘hour—Health & Weifare Trust Fund

OAs sa hour—Administration “ R.T.A.).

> B -

014%6¢ per ‘idea riety Trust. (URATTH)

05¢ per -hour—Roofing Industry Trust “(R.LT.) —

At the same time the above are remitted the 15¢ with-

held for Vacation and Dues Check-off are also to ‘be sent

to the Union Roofers Trust Account making’ a total per

hour, per employee, of .88¢. This shall be sent in one

check accompanied by the monthly transmittal form.

A-3. EFFECTIVE AUGUST 15, 1964, the following

‘om and Fringe Benefits

hourly. wage:jrates shall be paid to classifications listed.

| nt Amount © Roofers Dues Total

oe . Received Fund Check-off Wage .

Foreman - | . . ee 10 05 $5.32 |

"Sub-Foreman [ ao ee Soe ey = See

Journeyman / . 482 10 .05. 497°

Pitch Foreman _— 6.49 10 05 5.62

' Pitch Sub-Foréman . 5.87 10 & 5.52

Pitch Journ and

_ . Enameler or Pipe Wrapper

and Protective Coating | =

Worker . 5.12 10- 065 _ 5.27

_ ___—EFFECTIVE “AUGUST 15, 1963, all new Applicants

‘indentured under. the Apprenticeship Program will serve

three {8) years and shall be paid no more or no less than

the following heurly wage rates. (These will be shown

on the- front, of the sallow official Apprentice . LD. Card :

Rese ‘must be in. their possession).

fe Dues Check-off shall be. deducted from this total.)

4 Ps thi ‘Total Waige

BR, ay < ’ Per Hour ; :

8 Month Probation 1 Period—60% of Jourteyman ocale— $3. 04

: Second 8 Month Period —65% of Journeyman scale 8.28.

Second 6 Month Period’ —70% of Journeyman sais. - 8.52

Third 6 Month Period —80%.of-Journeyman scale 4.01

. Fourth 6 Month Period ‘—85% of Journeyman scale _ 4.25. |

. Fifth 6 Month Period = —90% of J urneyman. scale 4.49

Sixth 6 Month Period — 95% of Journeyman scale

473,

Be above are total wage rates and the .10¢ Vacation :

, 66 : se

ie shail receive the boarly Wage vite an

All ‘App rentices sidebar ola to ft 15, 2 15, 1968,

the face of

their biue pe Dene LD. Card, which must be in their _

Class C or. Temporary: Help shall be paid 74% of the

Journeyman hourly wage rate or $3.72 per hour total,

from which the -10¢: Vacation and 05¢ Dues, Check-off

_ ‘shall be deducted:”

It.-is. understood that all. overtime. pay shall be calcu-

; lated on the net wage only (less Vacation Fund and ‘Dues

Check-off) and then this .15¢ is to be added to the total.

~ (EXAMPLE: Time and one ne helt for Jonraeymas—

" 82-+$2. 41—$7.23+-.15—$7. 88 total ge)

B-8. In addition to the above wages the following con-

. be paid: for: each, hour worked by each

Employee working at: the roofing trade (whether a paid

up member of the union ‘or not).

, 15¢ per hour—Health. and Welfare Trust Fund |

.014%¢ per hour—Administration (U.R.T.A.) .

019 per hour—Apprentice Trust (U.R.A.T.T.F. ~

05¢ © per. hour—Roofing Industry Trust. (R.I. T.)

At the same time the above are remitted the .15¢. with-.

held for Vacation and Dues Check-off are also to be sent

‘to the Union Roofers Trust Account making a total per

hour, per employee, of .38¢:. This shall be sent in one

check accompanied by. the monthly transmittal form.

Wages and Fringe Benefits -

-A-4, EFFECTIVE AUGUST 15,. 1965, the following

hourly wage rates shall be paid to. classifications. listed:

| Amount Roofers Dues Total

FON eae: Fund Check-off Wage

Yoana: CC.

Sub-Foreman a 5.82 10 349.056 AT

«Journeyman -ti(‘éaiC SC OC iCiw CD

Pitch Foreman ge 5.72 ~~. *~«.10 0 |

Pitch Sub-Foreman © oe <a 05 6.97

ee ee ei }

“. Worker ‘ 5.37. 10 05 6.52

EFFECTIVE AUGUST 16; 1968,/all new App

indgntured under the Apprenticeship Program. will serve

peg AM ng: hae orcas less

the following hourly wage rates. eS

on the front of the yellow official Apprentice LD. ¢

: which e, be. in ‘heir possession) . veld

| . -Per Hour

Second 8 Month Period —65% of Journeyman scale____ 8.45

Second 6 Month Period’ “—70%, of Journeyman scale_____ 8.70 .

Third 6 Month Period —80%' of Journeymiin scale. 4.21

i : Fourth 6 Month Period —85% of Journeyman scale 446

, ° -"" . Fifth 6 Month Period —90% of Journeyman scale__.__ 4.71 .

ars Sixth 6 Month Period | —25% of Journeyman scale___ 497

' (The above are total wage rates and the .10¢ Vacation Be

and .05¢ Du@Check-off shall be deducted from this total.) _

Class ‘C or Temporary Help shall be paid 14% of the

Journeyman hourly wage rate or $3.90 per hour. total,

from which the .10¢. Vacation and 05¢ Dues. Check-off

shall be deducted.

_ -It is understood that all overtime pay. shall be calcu-

lated on the net wage-only (less Vacation Fund and Dues

Check-off) and then this .15¢ is to be added to the total. )

(EXAMPLE: Time and one half for Journeyman—

A * - $5.07+-$2.64—$7.61-+-.15—$7.76 total wage.) 3

B-4. In addition ‘to tle above wages the following con- -

tributions shall be paid for each hour worked by each

Employee working at it the. roofing trade (whether a paid.

sb up member of the union or net.) ©...

'.16¢ per hour—Health and Welfare Trust Fund

* 0114¢ per hour—Administration (U.R.T.A.)

.0114¢ per hour—Apprentice Trust (U. RATT. F.)-

05¢ | per hour—Roofing Industry Trust (R.LT.).

~ At the same‘time the above are emitted the .15¢ with- . |

held for Vacation and Dues Check-off are also to be sent

to, the Union Roofers Trust Account making a total per

oh apy etase z : ; . “ Oa ss at at

@ e

’

hour: side eenploves, of .39¢. This shall he sent in one

- check accompanied by. the monthly transmittal form.

Wages and Fringe Benefits.

’ 4.5, EFFECTIVE) AUGUST’ 15, 1966, the following

hourly wage rates: shal be paid to ‘classification listed :

art 16:4

Foreman che F Fee

Sub-Foreman YAS

‘Pitch Sub-Foreman

Pitch Journeyman id

‘ Enameler or Pipe Wrapper

‘and. Protective. Coating

_ Worker < PTs

Amount Roofers Dues “Total

Réceived Fund Check-off Wage

Ps $5.72". 10 +05, $5.87..

/ .-; 662 (0. 5.77

¢ 587 +10 - 06 5.52

2 6.02 10. 05 6.17

/ 692 *. 10 055. - 6.07

; ga

a 6.82

EFFECTIVE AUGUST 15, 1963, “e new Applicants

indentured under the Apprenticeship Program will serve

three (3) years and shall be paid‘no more or no less.than

_ the following hourly wage rates. (These will be shown

‘on the front of the yellow official] Apprentice I. ». Card

Which must be in their possession).

otal Wage

8 ; an Probation Period—60% of Journeyman scale_____. $8.87

Second 8 Month Period

Second 6 Month Period

Third 6 Month. Period

- Fourth 6 Month Period

Fifth 6° Month Period

sores 6 Month Period —

‘Per Hour —

_ —65% of Journeyman scale 8.64

‘—10% of Journeyman scale 8.91

—80% of Journeyman scale 445 ‘

—85% of Journeyman scale 4.71

Re —20% “of ‘Journeyman scale __ 4.98

bg "erare of Journeyman scale.

(The above are total wage ‘rates and the 10¢ Vacation

and .05¢ Dues Check-off shall be deducted from this total.)

Class C or. Temporary. lelp shall be paid’ 74% of the

ourneyman hourly wage rate: or $4.12 per hour total,

. "from which the .10¢. Vacation\ and: eh Dues Chieck-off ’

ae - shall be execs

5.25

e Z ‘ © Pe °

’ —

re . : -” 69

° 4 ‘ - .

7 a ’ .

/ « “~~

It is uadenitind: that all overtime ‘pay shall be caleu-

- lated on the net wage only (less Vacation Fund and Dues

Check-off) and then this .15¢ is to be added to the total). |

(EXAMPLE: Time and one half for Journeyman— ‘ss

_ $5.37-+$2.69-—$8.06-+.15¢—$8.21 total wages.)

B-5: In addition to the above wages the following con- .

. tributions, ghall be- paid for each hour worked by each

employee working at the roofing trade waeines a paid

_ » up thember of the union. or not.) -

| (17¢ per’ heur—Health and Welfare Trust Fund’

.01144¢ per hour—Administration (U.R.T.A.)

.0114¢ per hour—Apprentice Trust (U.R.A.T.T.F. y

.05¢ per hour—Roofing Industry Trust (R.LT.)

At: the same time the above are remitted the .15¢ with-

‘held for Vacation and Dues Check-off are also to be sent

to the Union Roofers Trust Account making a total: per |

, hour, per employee, of .40¢, This shall be sent in one —

_ check accompanied by the monthly: transmittal form.

-C. The Contractor’ and: Employee agree that the 10¢ -

Vacation and 5¢ Dues Check-Off are to be withheld from

the weekly paycheck after all applicable State and Fed-

eral Taxes due by reason of these. payments are paid by

the Contractor from other :sums due the Employee and ~

remit same to the Union Roofers Trust Account, who in

turn, shall see that these amounts, together with a copy

- of the. monthly transmittal report are forwarded to the

_ Unions: and the Vacation Trust ‘for credit to the Employ- -

ees account. ,

D. ‘Contributions for the Union Rovfers Trust Fund

(Health & Welfare), the Roofers Fund (Vacation) the

Union Réofers Apprenticeship & Training Trust Fund,

the Union Roofers Trust Account (Administrative), the

Roofing Industry Trust (Industry Improvement) and the.

- Union Dues Check-Off, all of which are ‘required by this

Collective Bargaining Agreement, shall be paid for all

_ hours worked by all employees of the signatory Contractor

covered by this agreement to the Roofers Depository. each “

. month, ‘on one transmittal report form in such detail and ~

manner as instructed theréon. Each Contractor shall file

such. monthly report regardless of whether the Contractor

fe oe

has employed any employee in the month covered hy the « 3

report.. «

pit ot the above mentioned Trust: Agreements irectate.

a ot mag pace full and made a part of this Collective ~

ee t and are agreed to and shall be

binding ue upon all parties signatory hereto. .-

e above contributions shall be forwarded to Roof- -

ers PDapeunies at a Central Depository (The First. West-

~ern Bank, or others that may be’ designated later) on or

before the 15th day. of the month following the calendar

% oe ees me Lee ies é :

month ‘that the employees‘ worked. A*five (5) day grace» |

period will be allowed, however any contractor who fails

to make his contributions postmarked on or before the -

20th day of each month shall be considered delinquent. -

_ FP. All delinquent Contractors are obligated and liable

for the following :_

(a) Each delincuent eo re shall pay to that Fund.

gs liquidated damages the sum of ten percent (10%) of

all kmounts due or Ten Dollars ($10.00), phlchinge is /

greater.

* (b) Bach delinquent Contractor shall upon. demand pay. -

to the Fund involved interest on unpaid eontributions and.

_ on delinquency charges and’ on liquidated damages at the -

_ Yate of seven percent (7%) per annum from the first day

’ ‘of the month in which they are due and -until paid.

. (e) The Trustees of the Fund involved may within

sixty (60) days after a Contractor is delinquent, through .

the Administrator, instruct legal counsel to institute legal

action to enforce’ collection. A delinquent Contractor shall ._

pay all reasonable attorney. fees, court-costs and other ex-?

penses incurred: in the enforcing of collection from such

lection from. such. Contractor, :and ere shall -

ert |

be ba =

ee by’ such delinquency for a sum equ

to the value of the benefits lost: to the employee by [=

of delinqueney of Contractor, The Health‘and Wel- —

’ fare shall.in such event,. provide coverage to em-

ployees for. whomea Contractor has failed, ‘te make the |_

proper contribution, provided that, said pag yo can *

prove to the’ satisfaction of the Joint Labor Relations |

‘Agreement ema spe pt with a pero Contractor

oa tag advance notice of not less than twenty-four (24)

ees e os with of such action te the delinquent Contractor.

val of employees and cessation of work by em-

ployees for such delinquent Contractor shal] continue until

ak a

_ is, no-money owing to the Fund by such Contractor.

. (f)"-A’ Contractor may be absolved of any or all-of the

foregoing liabilities if he satisfies the Trustees that he

failed to pay any contributions or-to report because of “|”

honest, mistake a ce erical error, or other reasons satisfactory —

.of Trus

to the Joint Whenever a Contractor

* claims that his failure to m e the required: contributions

_ was due to honest mistake or clerical error and requests

relief for that reason, it shall be considered provided the

Contractor agrees in writing to an audit of his records

_by an ‘auditor appointed by the Joint Board of Trustees.

the Arust Fund will pay for the cost of

employer shall be entitled to credit for’ or

ie _ pay was not due to honest mistake or clerica error, then

the Contractor shall pay the cost of ‘the au ae ay :

; aay x

paid to any’ Trust by reason ‘of clerical érror er. eilatake id

- and oe Trustees ba ‘authorized. to refund such Bxcony!

aD en Fe

: a.

7 ly Bad waite /

J .

» 7

92.

ao"

The acceptance of : any contributions from any » Contrast

shall not release or discharge him from the obligation to

contribute for-all hours worked under this Agreement’ for

which no contribution has actually been received notwith-

standing any statement, restriction: or qualification ap-

‘pearing on any check from any. Contractor. —

(g) Each Contractor signatory to this Agreement *-

agrees that: one copy (the blue copy) - of the monthly: -

transmittal report retained by hfm shall be. posted by him -

in his place of business in such place that it may be read-:

th) In order to pro rly enforce this Agreement it is

further mutually agreed and understood that ‘all contrac-.

tors signatory to this Agreement shall keep true and ac-

_ curate records of their payroll including hours worked at

~ regular and overtime rate and ‘expenses paid to all em-

ployees covered by this Agreement, and shall make them

accessible for audit by the Trustees of any of the Trust

Funds, or their appointees, or disinteyested representative

. appointed by the Joint LaborsRelations Board. ,The cost

ei of such audit will he borne by the Trust Fund or Funds

“involved unless such audit discloses errors. in‘ ‘the book-

keeping or payments of wages and/or fringe benefits by =

the Contractor, in which case, the contractor being in-

oe will bear ‘the full cost of said audit. |

" ARTICLE XII .

‘Hours of Work—Overtime— Holidays

A. Work Day—Right (8). consecutive hours hetWeen

the hours-of seven-thirty’ (7:30) o’clock A.M., and four.

(4:00) o’elock P.M., exclusive of one-half (34) hour. meal —

period shall constitute a work day. Arrangements may be .

made with the Local Union having jurisdiction in that’

area and a special starting permit will be ‘ssued which

will remain valid for the duration of the job and/or spe- -

.- Gdal. conditions. :

B: Work Wee k—-The sainlay ek: ‘week’ shall consist

" of forty -(40) °° s Monday througil Friday.

_ _C. Emergency Work—Shall be paid for at the rate

set scueius: under Section? D “Overtime”. prey work

8 : >

, é

is defined as follows: Work that must mit be eg one poe ther; >

~ regular working hours for the protecti life or prop- -

erty due to wind, flood,’ earthquake, or other Acts of God,

or the Public Enemy. The Contractor shalt obtain a per-

mit from the Unions for all work done’ on Saturdays,

Sundays, alid holidays, said permit to be obtained from

the Union office prior to 4330: P.M. ‘the, ay before ‘said -

work is to be done. The tractor shafi give the names

of the{men to be working and the location of the work. .—

Any employee not in good standing shall not ‘be given .°

_an opportunity for work under ‘this se@ion..

_ by the Contractor at th

D. - Overtime—All overtime worked other than n. Sun- —

days and Holidays covered by this Agreement shall be at —

» time-and one-half the :

ar straight- time rate. . All.

overtime worked on. Sunda Holidays covered by

this Agreement shall be at: double straight time rate: Any |

fraction of hour wofked during the regular working day

shall be paid to next ‘hour. Overtime shall. be paid only

for actual time worked. —

E. Holidays—Every Sunday of. the year and the fol- 7

lowing specifi days, to wit: New Year’s, Memoriak Day, °°

Fourth of July, Labor Day,, Thanksgiving and Christmas. _ .

Should any of the above named Holidays fall on Sunday, \,

then, the following Monday shall be a aesadi |

-\ARTICLE XT

* ePranspértation

A. ‘The free travel’.zone shall be ail jobs which are

within a radius of sare Sy (25) miles, as designated _

by ‘tthe official maps,. pn the Starting point designated -

from one of following locations: Seventh and Broadway, |

Los Angeles; Labor Temple,. Palmdale; City Hali, Van

Nuys; City Hall, Santa Ana: City: Hall Pomona; City

Hall, Whittier; City. Hall, San Pedro; City Hall, Ventura;

City Hall, Laguna and City Hall, Santa Monica. All

: Contractors whose established place of business 1 is under

which must be the statting point nearest to his established -

_.place of business. The starting points -myst ;be chosen .

‘the jurisdiction ‘of Local No!

° *

ost : F .

y : ° “

72 Long Beach. shall use

City Hall; Bellflower as their starting point.

Shop. It shall We the duty lof th an }

for the men to ride in the provided vehicles for the pur-.

NOTE:" Official maps shall be adpoted by the Joint —

‘Labor Relations Board. and shall be retained

on file and are available at the Main Union

‘Hall for inspection. | aE RETIN

B. At the option of the Contratcor, Employees may re-

‘port to the job when such job/has existed and neem werkel

for two (2) day period: On/all other jobs, and including

the first two (2): days above referred to, men shall start

from the. Shop at Contractors designated starting time. —

On jobs of over two (2) days duration Contractor may:

dispatch equipment from shop to job- so that it will.be at

‘the- job-at the starting time. Any Employee who reports

to the shop and is then told to report to a specific job he .

‘shall be paid from the time he leaves the shop.

C; When the Employee is required to report to the

Contractor’s Shop, the Contractor shall furnish transpor-

tation to the job, from fied ang and from the job to’the

Foreman to assign places

_ pose of complying with Safety Order No. 1168, or other .

.8afety orders. When the Contractor requests the. Employee

_ to use his own personal vehicle, he shall be reimbursed

at the rate of ten (10) cents per mile for use of same.

' The Employee who uses his own.means of transportation

by preference shall: not receive compensation for the use |

Of same, 564823 er. ne 3

_D. For all jobs outside the Free Zone, the Employee

‘Shall receive travel time and’ transportation from Con-

Zone, the Employee shall be reimbursed the regular bus '_

fare. The travel time paid shall be that of the scheduled -

. travel time of the franchised bus service servicing the

area, and shall not.be considered working time, nor count-

_ ed as_hours worked, but shalt be paid ‘at. the regular

straight time hourly. rate in effect at that time, unless 2

different rate is required by law. _ Pk Gana’

‘ . _ G.. The Employee shall not use or be required 0. use.

: : pases ~

. ra Bee é, :

E, -An Employee, driving contraetor’s vehicle to and/ ~~.

or from the job, shall receive compensation at a giaroace

time for said driving unless a different rate is ire

__ F. On all work outside the Free Zone, when the Con-- .

‘tractor requests the Employee to remain ‘overnight, the

‘Contractor shall reimburse all Employees the sum-of ten 7

($10.00) dollars per day. for each day, or fraction thereof

or, the Contractor shall provide to the Employees adequate

and acceptable room and board when the job is located in.

a remote and out of the way place, as interpreted by the

_ Joint Labor Relations Boards. .. :

his own personal.vehicle to haul, hoist or transport. any”

material or equipment other than his own tools and per-

sonal effects: Swe. eRe eee Os eth,

_H. When the Employee is required by the Contractor

to load the truck or vehicle, or-performs any labor for the

Contractor before leaving the Shop, the Employee’s com-

pensation shall start at. the time he began work at the

Contractor’s Shop. .—- : SEB, az

I. Each Contractor hiring workmen under the terms of .

_ this Agreement shall have identifieation signs, seals, decals _

or stickers of not less than 36 inches square in area, visi-_

ble from the outside of each side of his trucks. If the

_ identification is placed on the truck in letters of not less

than 3 inches by % inch, the minimum 36 inches square

need not-apply. This requirement must -be met within. -

15 days of signing. : Vad Pye aki

J. When Employees are transferred in vehicles fur-

' nished by the Employers, such transportation shall be

_ conducted in a safe and lawful manner. beet he

K. ‘When an Employee is transported in a vehicle fur-

, - Mished by the Employer, said vehicle shall be fully covered

'” by liability insurance insuri..g to the benefit of: said pas-

‘Senger employees at the CONTRACTOR’S expense in an

' amount not less than Ten Thousand Dollars for one pas-'

seriger and Bape Thousand Dollars for more than one

passenger, the CONTRACTOR agrees that said in--

— shall‘be satisfactory to the Joint Labor Relations

when qualified ‘help is available.

“Arnicie XIV

Composition of Crews

There shall be not less than one (1) Foreman for each

_ Crew, and a Crew shall consist. of the following :

°” A. Three. (8) Employees, composed of one (1) Fore- ’

man and two (2) Men, except as provided for in Article

_ XIV, Paragraph E.

B. On a multiple type construction there shall be one:

(1) Foreman for each Crew. :

-. °C. On an individual structure, where five (5) or more

men are employed, there shall be one (1) Foreman-em-

ployed for the first five (5) men, and-ene (1) Sub-Fore-

man for each additional five (5) men, or fraction thereof,

on said structure, as per the following schedule:

(1) Crew of 5 men—1 Foreman, 4 hen.

(2). Crew of 6 to 10 men—1 Foreman, 1 Sub-Foreman. .

(3): Crew of 11 to 15 men—1 Foreman, 2 Sub-Fore- —

men, . irae

(4) Crew of 16 men or over—1 Foreman, 8 Sub-Fore- .

man...

‘D. (1) There shall not be more than 1. Indentured

Apprentice for. every four (4) Journeyman in each shop,

.. _.€2) The ratio of men on a j

than one (1)‘Indentured Apprentice for two. (2) Jour-

neymep on the job when qualified help is available. .

- (3). On tile or composition shingles one (1) Journey-

man and one (1): Indentured Apprentice may be used

when qualified help is available. 3

(4) Class C or Temporary. Help shall be used in the

same ratio as Indentured Apprentices when qualified help

is: not available. eras + Sense

- -. (1) There shall be at leastone (1) Foreman Roofer

on each job (not the Working Member), and he shall re- .

- eéive Foreman’s pay regardless of size of the crew or

Sob . PRN ee NT,

(2) One (1) Journeyman alone (including the Work-

ing’ Member of a shop) may do shingling and minor re-.

_ pair work, provided no hot is used.

. : ©

eae

ob shall not be greater.

Par

(3) For ground level slab or foundation work, two (2).

"men will be required, one'(1) of whom may be the Work-

(4) A.two (2) man crew, neither of whom shall be

‘ the Working Member of the shop, may do work dif any

job of eight (8) squares or less where hot is used, pro-~

vided one (1) of these two men if qualified is in attend-

ance at the kettle at all times while it is lighted.

(5) One (1) J ourneyman -alone,- but “not the Working

Member, may do ground level coating work ‘where: nd hot

~ is used. ,

(6) Working ‘Member must abide by all Contract pro-

‘visions. - as

(2) For’ Shower Pan Work one (1) Journeyman not -

the working member may install the membrane: water-

_ proofing as long ag he abides by all of the safety. regula-

tions outlined in this contract. : at

eeey arc Efficiency and Harmony :

‘The CONTRACTORS and the UNIONS ‘recognize the

necessity of eliminating restrictions and promoting effi-

ciency and harmony; and they mutually agree that no

rules, customs or practices may be permitted that limit

production or increase the time required té do productive

work; and that no limitation may be placed upon the

amount of work that an Employee.may perform during

tions against the use of any kind of machinery, tools, or

Jabor-saving devices, or methods; provided, however, that

no Employee shall be required to work under any. -condi-

tions which are injurious to his health or safety. te Fe

ARTICLE XVI

Working Conditions—Safety

A. All Employees covered by this Agreement shall have .

: TB

fal.

COG

_ the régular working day. Nor shall-there be any restric-

full chdrge of and handle all materials and operate all . -

equipment used by them on the job. The coating, cleaning

73°: :

and tearing off and loading of all entataie and installa-

‘tion of equipment on the. job site or removal thereof; and

all other work under the jurisdiction of the UNIONS

. ghall. be done:by said Employees. The-pre-leating.of the.

roofing kettles &t the job site shall be done by a Journey-

_ ‘Man and-the Journeyman shall obtain an early firing per-

mit which shall be issued by the Local Union having juris-

diction in the area:

B. Employees covered by this Agreement. shall, not work

“at a weekly or monthly salary.

C. Any Employee covered herein who appears at start-_

iy ing time in an unfit condition toypractice his skill or labor,

or who, during the work day, provides just cause for;his

discharge, as defined herein, shall be immediately laid off

by the Foreman or other authorized person. If the Fore-.. —

' man appears, or acts, in such a manner, it shall be the

duty of thejob Steward to keep or order said Foreman

’ * -away from the job; the matter shall be ‘immediately re-

: ported to' the Union and Contractor.

-D. All wages shall be paid and received not later tfian |

quitting time on Friday of each week on the job, except —

where Employees. specifically requests obtaining his’ check —

-_ -at the shop. The payroll period shall not be more than.

_ two (2) days in arrears. All wages shalt be paid éither

in lawful currency or.a negotiable check, payable on de-

-- mand at face e value, The check shall have a detachable or

separate voucher setting forth wages paid, tate per hour

and deductions taken, including hours worked at straight-.

time and over-time. When wages are paid by check, if .

said check is not honored, no Employee shall: continue i in

the Employment of the Employer whose check has not

been honored; and no Employee shall return to work until

all outstanding paychecks have been honored, and the

. UNIONS shall not supply men until satisfactory arrange-

~. ments have been made. All payroll checks, shall be issued

in the name of the signatory Contractor to whom the man

nF 1) When the Administrator notifies the Union that a

Contractor ig delinquent ‘in his fringe benefit payments -

: —

‘the Union shall remove the Employees from the delin-

qdent shop until cciganas a a

; tia

\ KE. When temporary men are laid off or ‘discharged

‘they must be-paid wages due them at the time of termi-

‘fation. Failure to make payment at termination, or have

same avilable for him at Contractor’s office or Union Hall |

prior to fioon the following day or upon request of em-

ployee same must be mailed but must be postmarked with-

in 24 hours from time of termination or shall subject

contractor to payment of wages at regular rate for the

time elapsed to time check is received. When. regular

-. Employees are laid off on a-temporary basis they. are to

receive their checks on the next regular pay day. —_-

F. No Employee shall be required to work more than.

six (6) hours without.a meal period, and said meal perig

shall be one-half: (14) hour. In the event. of~overtilg

work of more than two: (2) hours after quitting time) or

two (2) hours before starting time, the Employee shall:

‘have a meal period of one-half (44) hour preceding or

following his overtime work and that said one-half (14).

hour shall be paid at the over time rate. |

G. Any Employee who is not, laid off, or discharged, at

* or before the cessation‘ of the day’s work and reports’ to

the CONTRACTOR’S, Shop or job on the following day, | ze

and who is not given work,. shal] receive-two (2) hours |.

pay at the regular rate;.provided, however, that such

provision shall not apply where the failure of the Em- |

ployee to be given work is caused by rain, sleet, or other |

Acts of God, or by strikes; provided, further, that the

Employee appears in a- physically~fit condition for his

trade, craft or labor. Le A Pesce Sahes

H. The Contractor agrees to- pay not less than four

(4) hours pay at the regular rate to an Employee who is,

- lot regularly on said Contractor’s payroll, who has been

dispatched by the Union upon request of the Contractor,

' whether said Employee has worked or not; provided, how-

~ ever, that said lack of work is not caused my rain, sleet.

or snow, or by other Acts of God, or by strikes. How-

ever, when an Employee is dispatched he. shall be given

. wages up to the time of actual ‘work stoppage when due

- to conditions or acts above mentioned. Any fraction of

the hour worked during the regular working day shall

80. .

: be pahd for to the. next hour. Overtime shall be paid only

-for the actual] time worked.

I. The Employee shall’ be paid by the CONTRACTOK

at the rate of regular time for any time spent off the job :

' dent Comm.'on behalf of the CONTRACTOR or in any.

Industrial Accident Commission case before the Work-

man’s Compensation Board involving. present ‘Employer.

When Employees are requested by the Joint Labpr Rela-

tions Boards to appear as a witness, the Union Roofers

- Trust Account shall\pay the Employees.

J. The parties hereto: recognize that a. lighted kettle

constitutes a safety hazard to persons and property; and,

poco tro agree and promise to effect all the safety meas- |

: ired by law and the customs, rules and stand-

va of é trade or. craft} and agree that, the kettle is

in operation when the motor, of a4 pumper ‘kettle is run- -

ning. When same is in operation one (1) Journeyman or .

qualified apprentice shall service it at all times and’ be

_ .on thé same' level as the kettle. ‘No Apprentice shall be

allowed to work on the kettle until he has been placed in

the fourth (4) period of his training and then only for

the hours as set on the Apprenticeship Standards. He

“Shall not. be assigned to other duties distant therefrom

so long as the kettle is not extinguished. In ease of emer-

gency other classifications may. be used. on the kettle and

such men shall receive Journeyman’s pay. The CON-

‘TRACTOR agrees to furnish fire extagen as may

be required by the proper authority.. “| ‘

K. No kettle shall be in: operation on any platform or

truck without the appreval of the Union. One (1) Jour- -

‘neyman shall enrvios at. all time, any kettle elevated or

placed on a platform or truck, and may not leave. the

platform or truck elevation unless: the kettle has been

extinguished.

L. The: CONTRACTORS agree that they shall not re-

quire the Employees hereingto work for any person, firm,

corporation, partnership, or joint venture, or any other

entity: who or which does not have an appropriate State -

_ License, Local License, or Munieipal License;, or who-or .

~which does not carry Public epee thy by exten wid and full

Industrial Compensation Hisisreints with a company satie-

factory to the Joint Labor Relations Boards; and. who

or which does not comply with the Health and Safety

Laws, as well as the Building and Construction Codes of

the Local and State Governments. |

i . :

. - . ‘ »

. . 22" 2 «

* oo -

. .

M. The CONTRACTOR shall file with the Joint Labor

- Relations Beard his License number and copy of his |

‘Certificate of Insurance. Further, he shall post in his

office and. ini the cab of all his trucks the name of his

Compensation Insurance Carrier. !

_N. No material of any kind shall be Pres up or down

any ladder at any time by any Employee or Employer. -

The CONTRACTORS agree to furnish derricks or hand

lines as needed. The CONTRACTORS further agree to

_ Maintain the equipment used in compliance with the State

Safety Code. .

O. The CONTRACTORS agree to take - the accepted 3

steps-necessary (in accordance with State Health Codes) -

to protect Employees working coaltar pitch or enameling —

or protective coating. These ‘steps include. supplying of

safety goggles, masks for nose, Protective cream, ete., all

kept in a sanitary condition. :

P. No Employee shall ‘be required to tend more than. .

two (2) kettles simultaneously except where asphalt or

‘ @. Proper sanitary drinking water containers: shall be

supplied by the Employers on ‘each job site.

R. The CONTRACTORS agree to allow the Business

_Agent, or Assistant Business Agent -of the UNION sig-

natory hereto, to visit and inspect the job site or shop ,

for purposes as provided in this a

S.° Time records of Employees may be examined by the °

Business Agent;-or Assistant Business Agent of the UN-

ION, in the presence of the CONTRACTOR involved and

a Contractor representative of the Joint Labor Relations

- Boards, and then -only: upon authorization of the Joint -

Labor Relations Boards. ,

‘. T. On all jobs: where mechanical felt laying equipment ee

_ is used and there are no parapet walls 2 feet. high or

_- More, or baracades at the frie eer) - the ere) to

82 | iktorwsin nena

| protect the wovtcihign, a: header will he installed approxi-

mately 6.feet from the outer edges. =

+> Armous XVID me

‘Weight Limitations:

"No Employee shail hold in suspension while in the act .

of‘ applying it, a roll of roofing material. weighing ‘in «

excess of 55 #, except 30 #- felt in two (2) square rolls.

_. No bag, package or parcel weighing in excess of 80 #

each shall be on roof at any time except bitumen.

, Articte XVIII

. '. Standards of Workmanship

’” A. The Contractor shall furnish Foreman with written

- {nstructions covering the work to be performed on each

job. A copy of these instructions are to be maintained

- gat all times on the job. eae

-B. Any Employee who fails to comply, with the written |

. instructions covering the work on each jb shall be con-'

sidered in violation of the Master Labor Agreement.

give written instructions to the Foreman on each job, or

who knowingly permits or influences the Foreman, or

the Employee, to fail to comply with such instructions,

shall be considered in violation of the Master Labor -

_D. Any Employee who is instructed or influenced by

the CONTRACTOR to violate the written instructions

pertaining to each job, or who knows of such violation, :

must immediately notify the Union and the Business

Agent who is assigned to the area in which the CON-.

- TRACTOR’S Shop is located; and such Union or- Busi-

ness Agent, upon. receipt of notice of the alleged violation

“ards as preseribed by the Code in the area of the project,

shall subject employees to strict disciplinary action by

| na y , : | A |

the Executive Board of the Union"and, may be the cause

‘of all men working on said project to be removed by the :

Daiom..) it 5 TOR std . fous

“KF. The procedure for establishing guilt or innocence _

in connection with alleged violations, shall be handled by

the Joint Labor Relations Boards as outlined in this

Master Labor Agreement for any other dispukes-or vio-

eee epee NS

Other Than Roofing Contractors

_ The parties hereto agree that under certain eircum-

stances Employers, (not. doing roofing work) other than

roofing Contractors as defined in ‘this "Agreement, may /

occasionally require the services of journeyman ers. /

_- It is agreed that such journeymen roofers r-

mitted to work for said Employers’ who arp, roofing:

Contractors provided that all of the terms/ind conditions -

‘of Article XI of this Agreement are complied with and

tractor’s. name; that said Employer hag an applicable , »

State license; and provided further that the work to be

- provided futrher' that said Employer is a Union Contrac- »

tor; maintains a recognized: place of’ business in a prop-

etly zoned area and has @ teléphone listing in said Con-

done by said journeymen roofers is limited to protective

coating. work and heating by kettle of bitumens. ‘The

_ Article III are hereby waived for the purposes of this

_ section. | ! :

This Article excludes holders of A and Bl licenses

gpm EKG

"Incorporation of Trust Agreements

"fo the extent that any provision of any of’ the follow-

_ing listed ‘Trust Agreements is inconsistent with any. pro-’

vision of this collective bargaining agreement, then the ~

collective bargaining agreement shall prevail.

\. ~

- we

e et 3 é

" y . - is " ee .

84 ee CESS

- ‘

The » following Trust Agreements are incorporated here-.

. ‘in and made a part hereof and each Trust Agréement and

‘parts of each

. employing per )

1, Union Roofers Trust Fund (Health and Welfare) ae

(as amended from time to.time) Dated August 15, 1960.

* of Apprenticeship Standards. |

_. (a) The Standard term. of apprenticeship shall be ies |

(3) years, the first six (6) -months shall be a try-out or

this Collective Bargaining Agreement are made counter-

other and shall be binding on all Contractors

ratndlyeerel: by this Agreement. . .

2. Agreement & Declaration of Trust of the Roofers.

Fund (Vacation). (as amenged from time to time) Dated

January 31, 1961.

- 3. The Union Roofers Trust ania (Administration)

’ (ag amended from time to time) Dated August 15, 1960.

4. The Union Roofers Apprenticeship & Training Trust

Fund (Apprenticeship) (as amended :from time to time)

Dated August 15, 1960 and including the “Apprenticeship

Standards of the Roofing Industry” as adopted by the

“Roofers Tri-County Joint Apprenticeship Committee”

and the U. S. Department of Labor, Burgau of Appren-

probationary period.

‘(b) Apprentices Wage Schedule. ‘Apprentices shall be

oe paid neither more nor less than the percent of Journey-

man’s wages as shown in. Article XI which :shall be the |

‘maximum and minimum.

(5) The Roofing Industry T ‘rast. (R. LT. ) (as diiedid. Q

from time. ‘to time) Dated February 15, 1964. . »

This Trust shall be administered. solely by the devig-

nated Trustees, as set forth in the Roofing Industry Trust

Agréement, and shall be utilized for the improvement of

the industry through such action as, but not limited to,

the creation of a Minimum. Standard Specification Guide,

for the establishment of a Roofing Inspection Bureau, a

public relations and advertising program, etc.

6. Each employer making contributions: to each of said

Funds hereby agrees that by so doing and hereby- does ir-

-. revocably designate and appoint the employer-designated _

Trustees mene 3 in each of said Trust eT

> =

. oy

oui inabee a

_ ' Trustees aut ts net Ia is Salat ie t to said

Trust Agreements and’ irrevocably. ratifies the designa- —

tion, selection, appointment, removal and substitution of

' Trustees as provided ‘in each of said ‘Trust Agreements.

Awmicuh XXT aad

Saledabend, of Work ‘Covered by this Agreement |

a any Roofing Contractor shall subcontract his work,

provisions shall: be made in such subcontract for the ob-

_ servance by said subcoritractor of the terms of this

" , > ment. .The Joint Labor Relatioris Boards and UNIONS

shall be immediately notified in writting of the subcon-

~ tracting of work by any of the Contractors hereto or any.

other Contractors.

There shal] be no subcontracting of labor. Subcontraet- |

ing may be done for certain specialty items i.e., spray .

work or other work not normally done by prime contrac: |

. .tors who are subject to this Agreement: Subcontracting

under these conditions shall be done’ by_accredited Cons

-« tractors covered by this Agreement only and stibcontrac-*

tors shall be piss the —— = of the prime -.

ee Contractor. .

- jes XXII |

- Saving Clause i

“A. It is the intent of both parties. hereto to. abide by --

all laws, statutes and regulations of every governmental

body and-authority having jurisdiction over the subject

matter of this Agreement. The parties hereto agree that,

~in the event that any provision or provisions of this

_ Agreement are held or are determined ‘to be :illegal or. -

_/-void, or as being in contravention of any law, ruling or

‘regulations,’ the remainder of .this Agreement shall, none-

theless, be and continue to be in full foree and effect, un-

less the invalid or void parts are found to be wholly in-.

separable from the remaining portion of this Agreement. .

_ B. The conditions and terms of this Agreement shall -

‘State Requirements.

‘

ae ER a

, Ge “the | parties hereto farther agree that, in the event

any provisions of this Contract and Agreement are held

to be illegal or. void, they will thereupon forthwith enter

> into negotiations through the Joint Labor Relations Boards

? concerning the substance thereof. |

2 ARTICLE XXIII.

a ‘Signature Gf Parties Affixed |

_WHEREUNTO we have +his day set our hands and seals

~ being this 16th ae of August 1968.

ROOFING CONTRACTORS’ ASSOCIATION OF

SOUTHERN CALIFORNIA, INC.

: By: 8/ R. James McClain Président }

; By: 8/ Robert L. Baier Executive Director —

- ROOFING CONTRACTORS’. ASSOCIATION OF

oe COUNTY, INC.

y: .8/ Ralph Dion President

me _8/ Marvin H. Warden Secretary

- UNION

UNITED: SLATE, TILE AND COMPOSITION. ROOF-

_ BRS, DAMP AND WATERPROOF WORKERS ASSO- -

CIATION, LOCALS NO. 36 AND NO. 72 WITHIN

THEIR. RESPECTIVE JURISDICTIONS.

. Ty 8/ H. P. Bennett

. Business Representative Local 36

By: 8/ Gale Taylor : ,

Ueaaay! Business Tresor. Loe 72

Z- CONTRACTOR ae

Signed this ............. day of uy 1968,

_ > One

“As a member of R. C. A. of So. Calif. Ine. ages

e * Ch, eae oe Geax “S€}...;

“Contractor or ; Firm |

ae Print Exactly as: Shown on Fiadaarens License * oe

i Check whichever applies—Individual eee O

ae , _ Corporation. co ai

‘Address License. No.

—_—: ee ae _ Title.

| Owneror. -.°

Reiaaipes-Cencet 7

- Name | 4 Pere Holder of

WHEREUNTO we-have this day set our hand and seals

being. this 15th day of August 1963.

‘JOINT NEGOTIATING COMMITTEE. .

. REPRESENTING :

ROOFING: CONTRACTORS’ ASSOCIATION OF «

SOUTHERN CALIFORNIA, INC. : .

> ROOFING CONTRACTORS’ ASSOCIATION OF on

ORANGE COUNTY, INC... see

AND OTHERS | oe .

*. fF < : f oa

UNITED SLATE, TILE AND CONSTRUCTION ROOF-

ERS, DAMP AND WATERPROOF WORKERS ASSO- _.

_ CIATION, LOCALS NO.°86 AND NO. 72

ee Erving P. Friedman Co-Chairman

By: s/ Robert L. Baier

By: 8/ Ralph Dion

“By: s/ Emery Eberhard

By: 8/ Jack Martin |

: By: s/ Paul Parish

By: s/ Paul Racobs . et

By: s/ Jack Witt |

By: 8/ H. P. Bennett Chairman

By: 8/ Bill Brode :

By: 8/ Mike Castro 3

By: s8/ Harold ‘Hannigan

By: s/ Walter F. Nagle

By: 8/ Albert Nelson

By: s8/ Gale Taylor

By: _8/ Robin Wacob

art: _ * | UNION COPY

C. The parties hereto ‘further agree that, in the event

to be illegal or void, they ‘will thereupon forthwith enter —

into negotiations through the Joint Labor Relations Boards.

concerning the substance thereof... 3

ARTICLE XXIII sae:

eo . Signature of Parties. Affixed . ere

‘WHEREUNTO we have this day set. our hands and seals -

being this 15th day of August 1963. ;

. CONTRACTORS

ROOFING CONTRACTORS’ ASSOCIATION OF

hos CALIFORNIA, INC. .

: 8/ R. James McClain President oe

‘_ s/ Robert L: Baier Executive Director

‘ROOFING CONTRACTORS’ ASSOCIATION OF -

ORANGE ASOUNTY, INC. 7

ee ‘By: s/. Ralph Dion President .

By: 8/ Marvin H. Wareen Secretary }

UNION ope

UNITED SLATE, TILE AND COMPOSITION ROOF-

ERS, DAMP. AND WATERPROOF WORKERS ASSO- —.

CIATION, LOCALS NO. 36 AND NO. 72 WITHIN

- THEIR RESP CTIVE JURISDICTIONS. :

' By: s/ H. P. Bennett ; ,

Pes Business Representative Loral 36

By: s/ Gale Taylor —

ies Business Representative Local 72-_

7 . CONTRACTOR

Signed this... YP Cow mea , 1968.

; : Check —

: , One =:

As a member of R. C. A. of So. Calif. Inc. gy

-— > - ey of Orange Co. Ine. eee

> : ‘

a ‘

a :

* e

‘Geirian or Firm

a: Print Exactly as Shown on Contracitics Ticones :

‘Check ‘whichever applies—Individual. (}—Partnership oO

i ead Ey ae ;

Address” Pies License No.

By Be send eS

ye Name ~* ich ; . - Title

7 a : - + + a: +, * Owner.or :

; x bn: a ait saa

Hela sure

A Name 7 ees: ' _ Holder of

rahe ’ License

: a re ea sf

‘WHEREUNTO we have this day set our hand and. seals

being this 15th day of August 1968. :

JOINT NEGOTIATING COMMITTEE

'. REPRESENTING»

ROOFING CONTRACTORS’ ASSOCIATION OF

SOUTHERN CALIFORNIA, INC.

‘ROOFING. CONTRACTORS’ ASSOCIATION OF.

ORANGE COUNTY, INC. - ge ce

+ AND OTHERS ©

- UNITED SLATE, TILE AND COMPOSITION ROOF- fs

‘ERS, DAMP AND WATERPROOF WORKERS ASSO-

CIATION, LOCALS NO. 36 AND. NO. 72, :-.

:. 8/ Paul Racobs

> - 8/ Jack Witt

8/ Erving P. Friedman ‘Co-Chairman:

8/ Robert L. Baier |

: .8/ Ralph Dion

: 8/ Emery Eberhard S

: ‘8/Jack Martin

s/ Paul Parish ee ysis

s/ H. P. Bennett Chairman |

s/ Bill Brode | oo.

s/ Mike Castro aay

: 8/ Harold Hannigan pri Be ane ’

s/ Walter F. Nagle

: 8/ Albert Nelson

s/ Gale Taylor

8/ Robin Wacob

UNION COPY

C. The parties hereto further agree that, in the event .

any provisions of this Contract and Agreement are held

__ to be illegal or void, they will thereupon forthwith enter |

_ into negotiations through the Joint Labor Relations Boards Peas

coneeening the substance thereof.

ARTICLE XXIII

; ‘Signature of Parties Affixed

WHEREUNTO we have this day set our hands and seals

being this 15th day of August 1963. a8

a. | (CONTRACTORS

| ROOFING CONTRACTORS’ ASSOCIATION OF

. SOUTHERN CALIFORNIA, INC.

‘By? s/ R. James McClain President |

‘By: s/ Robert L. Baier Executive Director

ROOFING CONTRACTORS’ ASSOCIATION OF

~ ORANGE COUNTY, INC.

By: s/ Ralph Dion President | | ,

a —8/ Maryin H. ered areery:.

ae UNION.

UNITED. SLATE, TILE AND COMPOSITION ROOF-

_ ERS, DAMP AND. WATERPROOF WORKERS ASSO-

CIATION, LOCALS NO. 36 AND NO. 72 WITHIN

THEIR RESPECTIVE, J URISDICTIONS. 7 |

"So ‘By: 9/°H: P. Bennett i |

+. Business Representative Local 36°

By: 8/ Gale Taylor .

EPPS Business Representative Local 72 ,

, CONTRACTOR

HS SO ET A” Ea , 1968.

Nee Check

| K ? One :

“(As a member of R. C. A. of So. Calif. Ine. a oe

R.C. ae ee Ing

an Contractor or Pim: 602 ote

| \ !

Print Exoctly as. Shown ‘on Contractors ticonee ie

Check whichever applies—Individual (}Partnership F

Corporation oO

“Address. \~—~—~—~«License No.

By . a rs

Name «ANA ye

e19 oT! ’ Owner or

Principal Officer *

By sakiapaaiie Jinsisapelancasipididecaieada

nt Name , — \. Holder of ,

UNION

BIE BOD. beticontornepsotnictl By ..... ee

| WHEREUNTO we have this day set our hand and - seals

being: this: 15th day of August 1963.

“JOINT NEGOTIATING COMMITTEE

) REPRESENTING

ROOFING CONTRACTORS’ ASSOCIATION OF

SOUTHERN CALIFORNIA, ‘INC.

ROOFING CONTRACTORS’ ASSOCIATION OF |

ORANGE COUNTY, INC.

AND OTHERS ©

onl

ERS, DAMP AND WATERPROOF WORKERS ASSO.

| CIATION, LOCALS } . 86 AND NO. 72.

‘By:

8/ Erving P. Friedman ee

By: 8/ Robert L. Baier .

- By:

8/ Ralph Dion

s/ Emery Eberhard se

: 8/ Jack Martin

: 8/ Paul Parish

s/ Paul Racobs

: g/ Jack Witt ‘ on

: g/ H. P. Bennett Chairman

:. 8/ Bill Brode

s/ Mike Castro

8/ Harold Hannigan

: s/ Albert. Nelson

s/ Gale Taylor

:. .8/ Robin Wacob

“TRUST OFFICE COPY

- any provisions of this Coritract and Agreement are held

to: be illegal or voi ey will thereupon forthwith enter

into te “me igh the Joint Labor Relations Boards

é rasa bstance thereof..

| Apnous XXII

Signature of Parties Affixed

3 WHEREUNTO. we have this day set our hands and seals

being this 16th day of August 1968. :

_ CONTRACTORS.

ROOWIN G CONTRACTORS’ ASSOCIATION OF

SOUTHERN CALIFORNIA, Ge 4 a

By: g/ R. J ames ‘McClain President

‘By: .s/ Robert L. Baier Executive Director!

ROOFING CONTRACTORS’ ASSOCIATION OF.

ORANGE COUNTY, INC.

. By: 8/ Ralph Dion President

- By: 8/. Marvin H Warden Secretary

- "Wie ‘UNION

UNITED SLATE, TILE AND- ‘COMPOSITION ROOF- :

ERS, DAMP. AND WATERPROOF WORKERS AS8sSO-

\ CIATION, LOCALS NO.’ 36 AND: NO.. 72 WITHIN

\ THEIR RESPECTIVE J URISDICTIONS.

"By: / i P, Bennett

-° Business Representative a 36

' By: s/ Gale Taylor

Rs Business Representative Local. 72.

CONTRACTOR . !

Signed this ............:: i , 1963. ,

mS ‘Check

n As a member of Ry C. A. of So. Calif.Inc. {7

R. C: A. of Orange Co. Ine. po

‘ROOFING CONTRACTORS” A ASSOCIATION OF

: SOUTHERN CALIFORNIA, INC... ¢

4 _sROOFING CONTRACTORS’ ASSOCIATION oF

“ ORANGE COUNTY, INC. 3

eo -AND call Seer

T cnacamee or Firm

* Print Exactly as Shown on Contractors License’

cia Check whichever applies—Individual J ier on eat Cl

: Corporation ‘_

aA ' Aires , aig See License No. »

‘Be nd SUE ye A a ee em a nda

Sea au Title

agen a v ‘* ° . Owner or.

meee pe ie Sich ae Principal _—

2 BY cece ceecle th iseeachcnesnenecesnnsnnenisaronspennqecocencensgragetenesinensasyensenenosenese

ee Name eee “Holder of

= < ‘. License

i + * UNION

Sosa’ Nov coo ce By sete apni Se

- WHEREUNTO we Have this day set. our — ‘and el

_ being't this 15th-day of August 1963. 3

‘ea JOINT NEGOTIATING COMMITTEE N :

; REPRESENTING —

UNITED SLATE, TILE AND. COMPOSITION ROOF- Baki

ERS, DAMP AND WATERPROOF WORKERS . ASSO- ,

CIATION, LOCALS NO. 8@ AND NO. 12. -

"PLIAA .

: 8/ Ralph Dion

s/ Emery Eberhard 3

: s/ ‘Erving. P. Priedinan Co-Chairman

8/ Robert L. Baier ' aati . bt

-y* i s

s/ Jack Martin

: 8/ Paul_Parish

s/ Paul Racobs’*~

8/ Jack Witt

~ ~g/ H. P. Bennett Chairman

: 8/ Bill Brode

: Mike Castro

8/ Harold Hannigan

8/ Walter F. Nagle

8/ Albert Nelson

s/ Gale: ‘Taylor

: 8/. Robin Wacob

EMPLOYERS COPY

MEMORANDUM AGREEMENT Ag

It is agreed between the undersigned, hereinafter called

Contractor, and Locals Nos. 36 and 72 of the United Slate, .

Tile and Composition Roofers, Damp and Waterproof

Workers’ Association representing the geographical area

. of Los Angeles, Ventura and Orange Counties, hereinafter

called the “Unions” in consideration of services performed

| nd to be performed by Roofers for the Contractor as

_ follows: Macs . |

* 1, The Contrattor agrees to comply with all the terms, _

including wages, hours and working conditions and: rules

as set. forth in the Agreement referred to as the Master

Labor Agreement: between The Roofing figuieoctor Asso-

_ ciation of Southern California, Inc., The Roofing Contrac-

tor’s Association of Orange County Inc., and others, and ~“

Locals Nos. 86-and 72 of the United Slate, Tile and Com-'

position Roofers, Damp ‘and Waterproof Workers Associa-

tion dated August 15, 1963 and the Agreement’ establish-

ing: (1) The Union Roofers Trust. Fund dated August

15, 1960; (2). The Union Roofers Trust Account dated.

August 15, 1960; (8) The Union Roofers Apprenticeship

and Training Trust Fund dated August 15, 1960; (4)

Agreement. & Declaration of Trust of the Roofers ‘Fund

(Vacation) dated January 31,1961; (5) The Roofing In-

dustry Trust effective February 15, 1964, which Trust —

Agreement will be drawn up and included in this Master

Labor Booklet on or before its effective date; and any

amendments and modifications, exténsions, supplementa-

tions and renewals of the Master. Labor Agreement and ~

Trust Agreements and any agreements establishing other

benefits or plans negotiated by the parties signatory to

the Master Labor Agreement. Except as ‘specifically ex- .

eluded by the Memorandum -Agreement, the Master Labor

Agreement and Trust Agreements are specifically incor-_

° porated by reference and made a part of this Memoran-

dum Agreement. . Be Fae

_ 2. The Contractor agrees to pay to the Union Roofers

Trust Fund, the Union Roofers Trust Account, the ‘Union

~- Roofers Apprenticeship. & ‘Traiffing Trust Fund, the

Agreement and Declaration of Trust of the Roofers Fund

+4 i

> 3

< ° . ° : -

peat. P

. ~ = ° Py

", = s ie See

(Vacation), and the Roofing Industry Trust the sums in

and all amendments, modifications, extensions and renew-

Roofers Fund (Vacation), the Roofers Industry -

Trust, as his attorneys-in-fact for the selection, removal -

and substitution of Trustees as provided by or pursuant

to the Master,Labor Agreement and Trust Agreements. -

_ 4, It is agreed that all provisions in the Master. Labor |

Agreement covering or relating to the subjec

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.