# Appendix — National Labor Relations Board v. Strong > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0048%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1969 - **Citation:** 393 U.S. 357 ## 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 — 4 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 ¥ Pd 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 wy | 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: "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? = <>, iJ . ? 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 : - . . 4 4 / ’ ‘NATIONAL LABOR RELATIONS BOARD bo WH ie i TWENTY-Finst REGION i) BEFoRi THE, a j - 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: . . « : — ; . . . SS ’ “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 ee .: % ; . : 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 . & ~~ 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. 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- ce -' 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? se 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. A - Q Has Strong Roofing signed previous contracts which A ee ee ee ee eet oe \ \ 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 ca 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 | { 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. , | : 4 = ee 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 31 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. 2 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 va 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 ~ oe 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 | E - i £ hm ELE pit H uf g8s —— 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. te » 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 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 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. (c) Non-discriminatory placement of appiicants’ names _ 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 A ) 54 “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. a 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 . ” ed | ~ ©, 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, — je meh fo . so - @ , Ls . : ce . - e ° . . . . - » : ; 4 @ * ° “ G ‘ 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 : 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 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 : 6 ge. . a8 ‘ " . — 7 #? . : - > } ‘ Fi - -* ’ nen oe aetese . . ; were . 1-63 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.) o 4 Ps thi ‘Total Waige BR, ay , 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.. ee _ 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 - ti 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 x | ime he signs. this Agreement,... | © 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 @ 7 . 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 ~ . . © nis a R > : . . 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. 6. “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. nn Par ? ~? (3) For ground level slab or foundation work, two (2). "men will be required, one'(1) of whom may be the Work- ing Member of the shop. © . ERS. (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 ae \ 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 of 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 : while in attendance in court or before the Industrial Acci- © ' 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 7 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 ‘pitch pumps are used on the job. © oa ‘ @. 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. _. ©, Any CONTRACTOR,-or his Employees, failing to 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 wg ~ | 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 parties hereto agree that the provisions of Section A of © _ 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. 7 \. ~ - 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 - be subject-to adjustments to conform with. Federal and © ‘State Requirements. a * = ‘ 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. hy 7 | CONTRACTORS © 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 - ey of Orange Co. Ine. eee > : ‘ a ‘ 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 ee ‘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 ey ee 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 : 8/ Walter F. Nagle © : s/ Albert. Nelson s/ Gale Taylor :. .8/ Robin Wacob “TRUST OFFICE COPY ©. The ‘asian hereto further agree that, in the event - 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 = 3 | os ‘UNITED STATES OF AMERICA Rua Mh BEFORE THE : _NAMHONAL LAROR RELATIONS BOARD. On January 8, 1965, Trial Examiner Martin S. Bennett - -issued his. Decision in the above-entitled. proceeding; find- — ‘ing that the Respondent had engaged in apd was ‘engaging . in certain unfair labor practices within the meaning of the ~ Act, and recommending that it cease and desist therefrom~ © ~and take certain affirmative action,,as set forth in the. '. . Trial Examiner’s . Decision’ attached hereto. Thereafter, . the Respondent filed exceptions’ to the Trial Examirier’s ez ion‘ and a supporting brief. The General Counsel’ - fil a brief in. support of the Trial Examiner's Decision. Pursuant to. the provisions of Section 8(b) of the Nae tional Labor Relations: Act, the. Board has delegated its — powers in | conngction with this case to a three-member 109 whee Rd . “-—° Py 5 & ° Pd bene don st Src in the Tvial Exatnr’s Remedi Or. a der. | | Dated, Washington, D. C. CASO EE co eo ¥: ; ES “ a . a a in +) . . . : carte > JouN HO Fannine,. Member - % ._ GERALD A. BRowN, Member ." = > «© : . E Mace HOWARD JENKINS, JR., Member | dees National Labor Relatioris Board i: ~ a & - ee ae ee hia STATES OF AMERICA. ‘ . BEFORE ‘THE © | NATIONAL LABOR RELATIONS BOARD . ‘DIVISION OF TRIAL EXAMINERS . -% BRANCH OFFICE SAN FRANCISCO, CALIFORNIA . Case No. 21-CA-5978 JOSEPH T, STRONG d/b/a STRONG Roorna & INSULATING Co... 7 . ROOFERS Loy. 36, ‘UNITED SLATE, TILE AND Composition : ROOFERS, DAMP AND WATERPROOF WORKERS ‘ASSOCIATION Harold E. Jahn, for the General Counsel. ’"Melveny & Myers, by Alfred C.: Phillips, of Lés Angeles, alif., for. Respondent. : Hhisnas Miller, of Los Angeles, ‘Calif,, for. the Unior. : _ Before: Martin S. Bennett, Trial Examiner. ‘TRIAL EXAMINER'S DECISION : 7 / STATEMENT OF THE Cin? ' This sation was heard at Los Angeles, California, on. October-20,-1964, The complaint? alleges that Resporid- ent, J oseph T. Strong d/b/a Strong Roofing & Insulating, | : Ca, had engaged. in unfair Jabor practices within the meaning of Section 8(a) (5) and Bia) (1) of the Act. Oral P argument was waived and briefs have been submitted by -. , the General Counsel and Respondent. _. Upon the entire,record in the case, ‘and from my obser- vation of ane witnesses, : make the following: > = 1 Issued August Sis ail Waleed euch cps ik June 8, 1964, by Roofers Local 86, United Slate, Tile and Composition Roofer, Damp _ = pr rere Workers oy: essere hereir called the Union. ; t 7 _ cae ta Sita co Ne SRE GS. 4 FINDINGS oF Fact Sines 4 : .&, _-_L. Jurisdictional findings = 8 Joseph T: Strong, an individual proprietor doing busi- ness ufider the trade name and style of Strong Roofing & -. Insulating Co., is engaged in the roofing of residential and ¢ _ commercial buildings. This concern annually purchases @ supplies valued at less than $50,000. -~. - rae ae eee .. + Since approximately 1949, but not after September of - ~ 1964, Respondent Was-a member of. Roofing Contractors’’ Association of Southern California, Inc., herein called the . . Association. The latter is an association of roofing con-. _ tractors in Sovchern California which negotiates collective °. * bargaining. agreements in behalf of its members with the - charging Union and its sister Local.72. At least one of the’ members of this Association annually performs serv- . ices*vaued in excess of $50,000 outside the State of Cali- fornia. : OR, Fad e ne |: aoe ie es ' Finding heréinafter that. Respondent wasja member of _ this Association at the time material herein, I further find. + ‘that the operations of Respondent. affect commerce within . . ' the meaning’ of Section 2(6) and .(7) of the Act that it wouldgeffectuate the purposes of the Act: to assert jurisdic- tion herein. N.L.R.B. v. Migcellaneous Geheral Drivers, .. Local 610, 298 F. 2d 487 (C.A. 3), and Insulation Con-* — ' tractors: of Southern California, Inc., IG NLRB_ 638. -| \ \ : “IL. The labor. organization involved ee ._ Roofers—Local-86, United Slate, "ab Conpeitn \ | . Roofers, Damp and Waterproof Workers Association ,is a :* labor organization within the meaning of Section 2(5): of» the Act. : sdpecee acamse pee fs _. .TIL The unfair labor practices . ek The issue ; introduction | ; _A contract between the Association; in behalf of its © members, and the Union’ was in effect from August 15). ~ 1960, to August 14, 196% Negotiations on a successor contract commenced in March of.1963 and an agreement 2 7 > e oy > was bailed at on gi t 14, 1968, toe the period ans | ee 15, 1963, gh August’ 15, 1967. Both con- tracts provided for. year to year renewal after the stated - term, absent a 60-day notice prior to the end of said term or any subsequent yearly period. Respondent has refused to sign and honor the 1963-1967 : agreement, claiming that it withdrew from the multi-em- ployer bargaining unit and, further, that the Union con- sented to. this withdrawal. _The General Counsel -alleges _ that Respondent’s attempted withdrawal took place at.an . inappropriate time and urges, contrary to Respondent, . that the Union never waivedsits rights herein; he con- se » tends that a refusal to: bargain took place on and Sitter :- ’ June 2, 1964.7 - | It may ‘be noted that the Association has: 865 Giga” “members who operate unionized shops-in behalf of whom, * as stated,.it has for many: year egotiated an association- wide contract. Since June of 1962, it has recognized a new category of associate contractor ‘members, some 10 or 1) in number; these operate non-union shops and are not * coveréd by the contract. Treated with hereinafter is Re- © spondent’s change of its membership from:a regular to ah associate contractor membership, as well as its resignation “from the Association, and the effect of these moves upon - Respondent's coverage by ‘the contract. ~ 'B. Appropriate unit and majority ‘representation therein -——="The General Counsel contends that all roofers employed by [regular] members of the Association constitute a unit — 2 The edanipintiit refers to prior conduct which was fully litigated | herein. Réspondent has contended that the six-month statute of limitations established by Section 10(b) bars the complaint; and - | pelies upon the Union’s first demand in October, 1968, déscribed : “below, that -the ee “ya the Association contract; the, Ree evidence, however, goes beyond and treats arith Respondent's sub- ond the scakzatk More particularly, aside Feet a thedting th Pacdlaber 6€: 1908, thiece le Géldance thet 4 unien representative met with Respondent in April of 1964, the date the : * General. Counsel presumably had in mind, and the charge was filed . ‘on June 8, 1964. Consequently, the rationale of Local Lodge. No. 1424, LAM. V. NLRB. (Bryan), $62 U.S. 411, is deemed not. to be in _ Bee Locat i No. 269, IBEW., 149 NLRB: No. 74. ~~ appropriate for the purposes of éoltective biaapabidage rere ... is-an association-wide unit of the type regularly recognized ote -- by the Board and I find it is an sppropriate ‘unit win he oa _themeaning of Section 9(b) of the Act. = (sic) of. * Lee » ‘Tie ’ - 5 ‘Wasp was changed to that of an icons contractor member on’ December 18, retroactive to October 1, 1963. . «On. September -30, 1968, the Association cancelled ‘Re- _’ spondent’s bond and on January 8, 1964, the cash: deposit an to him, .-The ‘record further discloses iber of 1964, Respourigat withdrew from the 3 There ase been. three contacts of Respondent by repre- sentatives of the: Union subsequent to the signing of the - contract on August 14, 1963. On October 18 or 20, 1963, according te Mrs. J oseph Strong who handles administra- tive details for Respondent, one Sheridan, ‘a representative of the Union, called at the office and stated that the{Union | wished Respondentto sign a copy of the newly-negotiated - ‘agreement. As noted, this had been rontine practice: for many years. Mrs. Strong refused to sign, stating that her’ husband had previously ‘notified the Association of his in- - tent not to re-sign, manifestly a reference to the letter of August 20,1968. Mrs..Strong reaffirmed this position in i tlephane conversation with Sheridan on the following Sheridan again: wialend Respondent’s office on December 10, 1963, and, aecording to Mrs. Strong, renewed his re- » quest, that Respondent sign the contract. Mrs. Strong re- ) fused, stating that she no longer had any “union men” and that. several [if not all] of her employees had withdrawn from the Union and were going into business a ‘for themselves. : . In.April-of 1964, William Nuttall, a representative of , the Union, called upon Strong and asked -him to sign the: contract. Strong refused, referred to the number of non- union. contractors in the area and state according to Nut- rons that, “he would rather go non- ather than sign 5 Stag adie retning Yo the coniznet “for . reasons.” _D. nar ig a conclusions + et i Board 1 Sedition that employer members of a : ani _ ti-employer bargaining unit may withdraw from multi- employer bargaining. See, eg. Seattle Automotive Whole-: salere esseceen 140 NLRB _ _ But a s basic: epee ] j-- , i become inappropriate. See, e.g., N.L.R.B, v. Jeffries Bank Note Co., 281 F. 2d 893 (C.A.'9); Fairbanks Doiry, 146° NLRB ‘No. 111; Cooke & Jones, Inc., 146 NLRB No. 192; Sales, Inc., 141.NLRB 1308: ee Walker Electric Co., 142 NLRB 1214; and Donaldson « Paes has been that an employer do so-unequivocally and-at an. appropriate time. And the Board has made it.clear that ¢ - ‘an attempt at withdrawal after a multi-employer agree- - -Iment has been reached is ineffective because the time has © o In the instant case, Respondent’s letter of January 23, 1962, manifestly had no legal effect because the contract. did not expire until August 14, 1963, and it did not pro- vide for a prior termination. And, in 1963, ‘while nego- _tiations were going on for a new contract; Respondent was. _ . put on notice thereof but took no steps to withdraw from the Association. Indeed, it proceeded to honor the new contract and lived up to its fringe benefit requirements for the months of August-and September of 1963. - - : a Rempontont has argued that in the three contracts with | ' it by the Union, described above, thé union representatives _ -merely asked Respondent to sign the agreement ‘and did _. Not state that Respondent was bound: by the Association- wide master contract. But it is clear that Respondent, and the record discloses that Strong was ‘a past ‘president of the Association presumably familiar with its" procedures, . was asked, on these occasions, to sign an individual con-_ _ tract.after the master agreement had been negotiated pre- cisely as it had been in the past; the other regular mem- bers of the association were also so. asked. Stated other- " ¢wise, the Association-wide contract was negotiated in 1968, and the members of the Association were thereafter - respectively asked to sign individual copies, just as had _ been done in the past. This,is not evidence of ‘a waiver and Respondent’s contention to that effect is ‘rejected. _ ' «While Respondent changed its membership to that of as- ' sociate contractor member, after the signing; of. the, 1968 - . contract; reclaimed its bond; and, in 1964, wi wfrom - / the Association, I fail. to see how this helps it, all these ~ occurring too late in the day. =. —_ y, And hile Respondent draws attention to the fact that, when negotiations commenced on new contracts, the Asso- y 118. ‘ ciation was fn. the habit of sending: peoudes to sale bers sign and return the. proxies, and in fact some did not. “Indeed, Strong admittedly did nod sign. all such proxies and did not recall’ whether he signed one in 1960, despite the fact that he lived. up to the 1960 contract. I find, in.view of the foregoing corisiderations, that, on - -and after April ef 1964, Respondent, by failing and re- fusing to sign and honor the agreement negotiated by. the Association with.the: Union covering the period from: Au- gust 15,-1963,. through August 15, 1967, has refused to bargain: and has engaged in. unfair labor practices within g the meaning of Section’8(a) (5) and Section 8(a) (1) of: the Acf. See‘Mixermobile Manufacturers, Inc., 149 NLRB No. 60; Og? Protection: Service, Inc.y 149 NLRB No. 50 and Tulse Sheet Metal. Works, Inc., 149 NLRB No. 120., 1y. ‘The effect of the unfair labor: practices upon commerce -- “The activities of Respondent, set forth in Section- III. and occurring in connection with its operations described in Section I, above, have a close, intimate and substantial relationship. to-trade, traffic and commerce among the Sev- * eral.States and tend to lead to lapor disputes burdening es nares commerce and the ree flow of commerce. “S Vz The remedy | “Having found that Respondent has engaged ' in eral, unfair: labor practices, I ‘gall recommend that it cease an desist. ‘rom and that it take certain affirmative action -desigied “to effectuate the policie#-of the Act. | ; . It. hasbeen four that Respondent has refused to bar- - - gain with the Union as-the duly designated representative of its employees in an appropriate unit. -I shall therefore . recommend that Respondent sign and honor the agreement _ negotiated between the Association and the Union cover- ing the period from. August 15%1963, through August 15, « 1967, and that it pay to.the ‘appropriate source any fringe "benefits provided for therein. © we Upon. the basis of: the foregoing findings of fact, ina ‘upon the entire record in the _ I make the following: . . . Bis Pp ‘ e ' members as well’as to non-members, the record demon-. _ strates that there was no requirement, that regular mem- 4 & | : a | ‘a nes * = cals = : 119 ” CoNcLiSIONs OF Law: : Aa 1: Joseph T. Strong d/b/a Strong- Roofing &. tasalating . ' Co, is an employer. within the meaning of Section 2(2) of . the Act. - 2. Roofers Local, 36, United Slate, Tile and Composition es - Roofers, Damp and Waterproof Workers Association is a’ labor nization within: the meaning of. Section. 2 (5) of the Act. . ° ue. = 8. All roefers employed. by eianhine of the Roofing tractors’ Association: of Southern, California, Inc., includ- - . ing Respondent, constitute a unit ‘appropriate fg the pur- Pa a poses of collective bargaining within the m -of ‘Bec: tion 9b) of the Act. - 4, Roofers Local 36, United Slate; Tile ‘nl ‘Co Osis - phe tion Roofers, Damp and Waterproof Workers Associ tion: has. been at all times since August 15, 1963; and now.is, ~“. -the exclusive representative of all employees in the ‘afore - Pe) said appropriate unit within the maoatting of Section 9(4) of the Act? . 5. -By refusing on ‘apd. after Aorik: 1964, fo Sinaaelis in . +good faith with the: Union asthe exclusive representative - of its employees -in the aforesaid ‘appropriate unit, Re- spondent: has engaged in, and is engaging in, unfair labor practices; within the. meaning of Section 8(a ) (5) -of the . ‘ Act. = 6. By the foregoing conduct, Respondent has engaged . in unfair labor, — within. the meaning | of Section ; 8 (a) (1) of the 7. The ous an labor srections are unfair labor ’ practices affecting commerce within the meaning of Sec- tion aa and (7) of, the Act. ~ at te RECOMMENDED ORDER* | eae oun the basis of the foregoing findings ‘of fact. and conclusions of Jaw, and upon the entire 1 record in the case, — it is tartare ae that,. Respondent,“ Joseph T. ‘Strong - d/b/a Strong’ Roofing & Insujating Co., Alhambra, Catt- an a Is bicaxas successors, and’ en. parade SiS E LE my + ee . : 2, . ee ‘ ns 4 “ . . ‘ serene : ihe at ees where notices to. masitaniin are customarily = . : Reasonable steps shall be taken by Respondent to’ nati that said notices are not altered, defaced, or cov- ered by any other material. ate - (d) Notify the Regional Director for the’ Twenty- : first Region, in writing, within 20 days from the date of ff - the receipt'of this Decision and Recommended Order what. ~~ ‘steps it has taken to campy herewith.° cea . Dated: . b Martin ~oenaty rem ae Saas oom ch eae. | eo ° In the event that this Recommended Order be ‘stoped by: the Board, this. provision hall be modified to read: “Notify said “3 Regional Director in writing within 10 days from the date of this ~ - Order what steps the Respondent: has taken to —? herewith. er. NOTICE TO ALL EMPLOYEES PURSUANT #0 THE { _ RECOMMENDATIONS OF A TRIAL EXAMINER ; the National Labor Relations Board, and in sudlic to effectuate the policies of the National Labor Relations Act, as amended we hereby notify you that: WE WILL NOT refuse to recognize ROOFERS LO- CAL 36, UNITED SLATE, TILE. AND COMPOSI- TION . ROOFERS, DAMP - AND WATERPROOF WORKERS ASSOCIATION as the representative of _ our roofing employees. WE WILL honor and sign the contract. executed be- - tween ROOFING CONTRACTORS’ ASSOCIATION OF SOUTHERN CALIFORNIA, INC. and ROOF- ERS LOCAL 36, UNITED SLATE, TILE AND ‘COMPOSITION ROOFERS, ~DAMP AND WATER- - PROOF , WORKERS ASSOCIATION for the period Afigust 46, 1968, through August 15, 1967, covering , aunit of all roofers employed by members of said As- . ‘sociation. ...». WE ‘WILL make whole the sallecoxiste sources for - | any unpaid frin ring?! benefits | provided in ——— , : Z tract. . de A a, ——— WE WILL NOT in any like or. related. manner inter-. - fere with, restrain, or coerce employees in the exercise - of the right to self-organization, to form labor organi- _ tations, to join or assist thé above-named or any other __labor organization, to bargain - collectively through ‘representatives of: their own choosing, to engage in - - concerted activities for the purpose of collective bar- gaining or other mutual aid or protection, and to re- frain from any or all such activities, except to the Le ene te ote ment requiring membership in a labor “organization « ae 48 a condition of employment, eRe hes Mee ~~ Josep T. STRONG d/b/a STRONG ROOFING & . “.*: INSULATING Co, (Employer) Dated By | ee oe eae =) ; (Representative) — ; (Title). _* s . - o ¢ . . *« D en Ral BIR eee, Pay, ah rade | eth he Obe eee ape meee ae a ———— H 2 is ann . —— 2 ee ~ a . \ This notice must remain posted for 60 consecu 6 days fiom the date of posting, and must not be altéred, defaced or covered by any other material. a Ne / boners Pliance with its provisions.. _° - sentative of respondent’s employees in the multi-employer. - _ UNITED STATES couRr. OF or Areas FOR THE NINTH CIRCUIT No. 20,762 — LaBoR pace BOARD, PETITIONER a let sae vs. :¢ ¢ » JosEPH : 3 ‘ieanien d/b/a ate ROOFING & ‘ _ INSULATING ‘Co., RESPONDENT {July 14, 1967] pecs 3 » On Petition for Enforcement_ef-an Order of the Nationa r Relations Board _Before: -HAMLEY and JERTBERG, Circuit J wiem, § and “:. WHELAN, District Judge. WHELAN, District Judge: -This case-is before the Court on the petition of the Na- - tional Labor Relations Board to enforce its order against Respondent Joseph T. Strong d/b/a Strong Roofing and _ Insulating Co. The Board’s decision and order are reported at, 152 N.L.R.B. No. 2. This Court has jurisdiction of the mat-. ter. | ‘The Board found that respondent, by refusing to sign _ and-honor a collective bargaining agreement negotiated ,on behalf of respondent by a multi-employer association to * which respondent belonged and through which respondent © participated with the Union, ‘has refused to bargain and - has engaged in unfair labor practices within the meaning - of Section 8(a)(5) and Section 8(a) (1) of the National | Labor: Relations Act, as amended, 29 VEL. 158(a) (5) and 158(a) (1)... | - ‘Respondent was ordered by the Board to cease and de- sist from refusing to recognize the Union as the repre- . bargaining unit and refusing to honor the 1963-1967 con- tract between the Union and the ‘Association and from, © in any like or related manner, interfering with, restrain- 7 oe a ; ° 3 oe vr ing or comeing his employees in the exercise of their statu», tory rights. Respondent was also ordered to forthwith | execute and honor the 1963-1967 contract and to pay to’ Ct the. appropriate source any fringe benefits provided for in the above deseribed contract, as well as to post the usual : notice and give notification of the posting of the noticeto — the*representative of the Board within the time provided. in the order. Board did not have jurisdiction. to hear: the complaint against respondent in‘ that respondent was not, engaged "in a business affecting commerce within the meaning of | ‘Sections 2(6) and 2(7) of the National Labor Relations. _. Section 10(a) of said Act, the respondent has abandoned | - such contention before this Courtr : ‘ tacted respondent’s wife whe managed the- office of ree. ¢ , to withdraw from thé Association, and that he therefore . would not sign the agreement, Again on December 10, coe . , 1963, respondent’s wife said respohdent would not sign the. ‘contract because he no longer employed any Union mem- bers. Finally in April 1964 respondent was again con-_ - _tacted by a Union representative, at which time respond- ent refused: to sign the contract for “economic: reasons.” ° Ge. ae go Re eg ‘ ‘ : . sf ‘In any event, the Board found that the operations of respondent __. a do affect commerce within the meaning of said Sections 2(6) and 2(7) of the Act; and such finding. is supported by substantial evi- a4 . dence and such finding is correct. Ae = 6 ‘ a . 126 : .% While it is true that. the first’refusal to sign the con- tract in October'1963 was barred as the basis of an unfair - Jabor practice charge by Section 10(b) of the Act as being * more than six months prior to the date of the filing of the unfair labor practice charge, and while it.is true that had nothing further occurred thereafter respondent’s conteri- tion would be well taken, herethere were further refusals within a period of six m onths prior to the date of filing of the.charge. — - . The obligation of hasnt to bargain collectively with the Union was a continuing one. N.L.R.B. v. White Con- _ struction Co., 204.F.2d 950, 952-958, (5th Cir. 1953) 204 F.2d 950; 953. ndent ‘had. the ‘obligation to Bargain | collectively and to execute the contract when the Union i] requested him'so fo do. Section 8(d) of the Act, Title 29,7 g - US. S.C., .158(d),’ This obligation extends to the execution _of a bargaining agreement executed by an employers As- - gociation-of which’an employer is a member with the Un- ion. N.L.R.B. v. Jeffries Banknote Co., (9th, Cir. 1960) 281 F.2d/8938, 896.. dent’s reliance on Local 1424, I.A.M. v. N. L. RB., 362 U.S. 411, is without merit.- ‘In Local 1424, supra, the Supreme Court: said at 362 U.S. pp. 416-417: “(I]n applying rules of evidence as to the. atta bility of past events, due regard for the purposes of _ Section 10(b) requires that two different kinds of situations be distinguished. The first is one’ where eecurrences ‘within the six. month limitations period. in and of themselves may constitute, as a substantive matter, unfair labor practices. There, ‘earlier events may be utilized to shed light on the true character of~ matters occurring within the limitations period; and + for that purpose Section 10(b) ordinarily. does not: _bar such evidentiary use of anterior events, The sec- - ond situation is that. where conduct occurring. within the limitations period ‘can be charged to be an unfair labor practice.o [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0048%3A1. Public record. Not legal advice.