Masonry Magazine July 1977 Page. 28
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28 MASONRY/JULY, 1977
LABOR LAW POTPOURRI
continued from page 9
was or is a member of), he must give unequivocal notice to his organization, chapter or unit, complying strictly with the prescribed or established time limitation of his agreement (or assignment of bargaining rights or bylaws or regulations of its organization or unit) revoking such bargaining authority or resigning his membership.
In the Carvel case, the contractor was a member of the Local Association of Contractors in Portland, Maine. The labor contract in question would expire on April 30, 1975. There was a provision in the contract that if either party desired to ask for or negotiate changes in the contractual terms and conditions, the other party was to be notified accordingly on or before February 1, 1975 and negotiations were to commence within fifteen days after such notification: otherwise the contract would be automatically renewed for another year subject to the prevailing terms and conditions contained in the expiring agreement.
The union gave timely notice and commenced negotiations within the prescribed fifteen-day period which was before February 15. 1975. The Carvel Company submitted its resignation on February 27. 1975 and was accepted by the Association on March 15, 1975. No actual personal negotiations or meeting of the representatives of the association and union took place until April 9th. After a twenty-six day strike the parties arrived at an agreement and signed same. But Carvel refused to sign the negotiated agreement contending that he had resigned from the association and hence was not bound by the agreement consummated by the union and the association.
The NLRB held that Carvel's resignation (despite its acceptance by the association) was not timely. The reasoning of the Board was that although actual meetings of the two groups did not start until April 9. 1975, nevertheless the union's timely notice plus the union disclosure of its demands constituting the changes in the agreement it desired was sufficient to comply with the conditions of the agreement.
This decision strengthens the position of multi-employer groups in collective bargaining and minimizes "sweetheart" deals with individuals who seek to strike out on their own without regard of their fellow contractors.
APPEALS COURT RULES UNION
MUST PAY CONTRACTOR'S LEGAL FEES
Ironworkers Local 597 in Jacksonville. Florida pulled all of its members off of a general contractor's job in a dispute over a subcontractor's assignment of certain work to members of the Carpenters' Union. The Ironworkers worked for the general contractor, Linbeck Construction Corp., not for the subcontractor, so Linbeck filed unfair labor practice charges against the union claiming that the work stoppage was illegal. The NLRB found Local 597 had violated Section 8 (b) (4) (i) (A) of the Taft-Hartley Act for having tried to force Linbeck to cease doing business with the subcontractor.
Linbeck then went to court to recover attorneys' fees and other litigation expenses, a proceeding allowed under Section 303 of the Taft-Hartley Act. The District Court awarded Linbeck damages totalling $15,000, and Local 597 appealed to the Fifth Circuit.
The Fifth Circuit supported the District Court award and held "attorneys fees and litigation expenses can be recovered in a suit brought under the Taft-Hartley Act when such expenses arise from plaintiff's participation in unfair labor practice proceedings before the NLRB and when the expenses were necessitated by plaintiff's attempt to force the defendant to cease its illegal activity and to resume work. This case is significant inasmuch as it points up the