EXHIBIT B
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ii ss ASBESTGS WORKERS
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F JOINT TRADE BOARD
Decision ‘·· the Matterof Superior Mechanical Services
Jn July 16, 2003, the oint Trade Board convened to hear and determine disputes brought
' A by llisb sstos Workers Local Union 42 against Superior Mechanical Services Inc. pursuant to
Arlitzle Xl Section l of the tlolleetive Bargaining Agreement. Notice of these proceedings and
tile sha: ges. brought by Loca 42 was provided to Superior by letter dated June 30, 20G3. » At the
i proceed ings in this matter, I! ocal 42 presented testimony and other evidence in support of its
pp A pppp p _ Cf;l§Ql`lClS. Superior by way of I e notice provided one June 30, 2003, was given every opportunity it it A it
l it ll _ to press at a defense and to o i erwise rebut the claims against it but nonetheless failed to appear .
att hte sx iieduledl hearing. It o time did Superior contact any member of the Joint Trade Board
‘ to zrlvis : that the scheduled · te of these proceedings was ln convenient or otherwise presented a
. _ our fillet ` I
· It is alleged that S perior has violated Article VH of the Collective Bargaining
` A..;;·oem ent by failing to pay 1 ealth and Welfare Fund contributions (Section 6), Apprenticeship
“ Furttil contributions (Section 8), National Insulators Apprentice Training Fund .cont1·ibutions l
V V (Elastic: 9), and Vacation contributions (Section 10) as required under the Collective
Elsnggain ng Agreement for ·- period of November_2002 tothe present. It is also alleged that
, A Siupe::rio·11as violated Article il Section 7 of the Collective Bargaining Agreement for the period - 1
o:f'.h.me 2003 to the present by obtaining and employing employees outside of the exclusive ·
‘ liiqrirtgg Ztall provisions of t- Collective Bargaining Agreement. With regard to such.
e1u;z.|oy1uent, it is also alleg d that Superior has failed and refused to remit Union dues and
A Ptiliiziort Action Fund con utions with respect to those employees who were obtained in
vi afatioi 1. of Article XI Seetio J 7.
. T`. ·· The uncontested evid ce provided by Local 42 establishes that Superior has not remitted
V E£4;npil·oy» tr Contribution Rep s or contributions as required under Article VII Sections 6, 8, 9,
and 10. Further, the eviden · shows Superior retained employees from June 2003 forward in
vidzzitioit of Article X Secti :· 7 and that `Union dues and Political Action Fund contributions
rrquired under Article VII eetioos 11 and l2 have not been remitted on behalf of these
· ezmjtioyz es. Fiimlly, the evl cnce shows that Supe1ior’s failure to pay required contributions,
mrc :ssit tied the removal of en nom work in order to protect the Funds’ interests pursuant to
A.rt.t:le ` YII Section _
i trticle Vi] Section 13 of the Collective Bargaining Agreement requires that all Employer
lttzrorts and payments be r Z ·¤ itted to the Union and to the Funds by the l2°‘ day ofthe month
ilJ:,.liJ*l?Vlll g the reporting peri as delined in Article VII Section _l3 (A). The failure to remit
r»zt»yt.recl eon·tril¤·utions and ot ier payments postmarked by the due date results in an assessment
oi' liquir ated damages in the mount of 10% of the total amount due or a minunum of $10.00.
Unc rr A rriele Vll Section 13 I C), the Funds and Union have the right to audit the payroll records
ol' a my E znployer to assure eo pliance with the obligations in Article VII.
Iased on the above, I e Joint Trade Boardlias determined that Superior Mechanicai
Simi-uses Inc. has engaged in iolations of the above noted sections ofthe Collective Bargaining
Alggraemt nt. By way of rcrne it , the Joint Trade Board orders as follows: `
I
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Case 1:04-cv—O0275-SL Document 7 4 Flléd 03
I. Supedor slu l make available to an auditor selected by the Funds and Union all
payroll reco ds necessary to perform an audit to determine the fhll amount of
ftinge benefi contributions and other payments due, as more fully set forth above,
for the p=eric · of November 2002 to the present.
2. Superior sh remit such principal payments plus liquidated damages in an
ammcnmt of 4 of the total amount due or $10.00, which ever is greater. This
‘ shalliuclud all fringe benefit contributions which should have been paid on
behalf of e lcnyees who where obtained by Superior outside of the hiring hall
purccedure as ell asmyofher fringe benefit cuntributicms which are shown to be
due as a resu ofthe audit, ‘
3. Eluperiur sha also pay all Union dues which should have been deducted and
remitted to .»»~· Union for the period of November 2002 to the present including
any Union • .,s that should have been. paid but were mt as a result ofthe use cf V _
employees 0 uined outside of the lmiug hell pmcudum. Superibr Rhall alan pay
all Political · ! ·ti011 Fund contributions which should have been deducted from the
wages of em ·§ cyees but were not from November 2002 to the present including
Eqlifjpgnl Agti p Fund ¤0ntributi0z¤sew·hich should have been deducted from the i is iiiii ii
~era e e e M e i i " i W i ii i i illwages ofemp oyees obtained outside ofthe hiring hall procedure. _
A 1L Superior sh { else pay lost wages amd benefits resulting &¤m the use of V
employees ;·: ’ned outside ofthe hiring hell procedure. Such wages and benefits A
shall be base on the hours worked hy the improperly retained employees amd
shallvbe disiri uted by the Union fp those employees who lost work opportunities sl · he
» _ l l has ahresult of periofs failureto use the hiring l1&Llpr0ced11Eeis.ii i ii i
- .i. Finally, it is cated that as a result pf Superiofs failure to pay fiinge benefit
contributions rr was necessmy lbr the Union tc exercise its rights under Article
VII Section 1 I to remove men form the job in order to pmtect the interests of the -
beueiit fluids. Supeiior is Further ordered to pay to those employees who were
removed from e job lest wages end benefits fer the pedud of time that they did ‘
not work, Liq idatecl damages shall also be paid with respect to the fling: benefit
ccmributions.
· l JOM? TRA D EBOARD,
j i By:,_______________......,,____________.
j Bw-........———~e....._.__
Dame: __ i
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Case 1:04-cv-00275-SLR
Document 7-4
Filed 03/16/2005
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Case 1:04-cv-00275-SLR
Document 7-4
Filed 03/16/2005
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Case 1:04-cv-00275-SLR
Document 7-4
Filed 03/16/2005
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