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Board finds New York State construction company violated labor law by unilaterally withdrawing from collective-bargaining obligations

The National Labor Relations Board has ruled that a Phelps, New York, construction contractor violated federal labor law when it unilaterally stopped applying the terms and conditions of a collective-bargaining agreement reached between the Ironworkers union and an employers’ association to which the contractor belonged.

In its September 28 decision, the Board unanimously found that Carr Finishing Specialties, Inc., and its alter ego, GPC Construction, Inc., was obligated to continue applying the terms of the collective-bargaining agreement between the union and the association at least through its expiration in 2009. The majority – Chairman Mark Gaston Pearce and Member Sharon Block – also found that Carr was obligated to follow a subsequent agreement reached for 2009-2012.

In dissent, Member Brian E. Hayes found that the employer’s obligation ended when the original contract expired in April 2009.

The Board ordered the contractor to recognize and, on request, bargain with the union, to make whole all bargaining unit employees and benefit funds for any loss of income or contributions, and to provide records necessary to analyze the amount of backpay due the workers.




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