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NLRB finds merit in IUPAT complaint, schedules hearing


AUGUST 2012 Scranton/Wilkes-Barre/Hazleton edition of The Union News

NLRB finds merit in IUPAT complaint, schedules hearing


REGION, July 30th- The National Labor Relations Board (NLRB) Region Four office in Philadelphia found merit in the complaint filed by the International Union of Painters and Allied Trades (IUPAT) District Council 21, Azalea Drive in Drums, Luzerne County, against a local painting contractor and scheduled a hearing.

In the previous edition of the newspaper it was reported that IUPAT District Council 21 filed a Unfair Labor Practice (ULP) charge alleging an signatory contractor with the Union violated the National Labor Relations Act (NLRAct).

According to the Unfair Labor Practice charge, which was discovered by the newspaper while reviewing representation petitions and labor complaints filed at the NLRB Region Four office, the IUPAT represents approximately four workers of the company.

The Union News is the only member of the local media, including newspapers, television or radio broadcasters, that reviews and publicizes the information.

The complaint was filed on May 23rd, 2012 against Accents Painting and Wallcovering, LLC Accents Contracting, Church Road in Mountain Top.

The ULP was filed against the painting contractor on behalf of the Union by John Gatto, identified as the Assistant Business Manager of IUPAT District Council 21. IUPAT represent painters and drywall construction workers within the building trade industry.

“On or about March 23rd, 2012 Accents Painting and Wallcovering refused to furish District Council 21 with requested information for collective bargaining.

Since September 2011 Accents Painting and Wallcovering has not made fund payments as per District Council 21’s Collective Bargaining Agreement.

Since approximately January 2012 the officers of Accents Painting and Wallcovering have been running Accents Contracting, a non signatory alter ego, within the same industry,” stated the labor complaint.

The NLRB has issued a complaint against the operators of the painting company, Jennifer and Ken Phillips. The agency has scheduled a hearing for October 24th, 2012 at 10:00 a.m. at the NLRB office in Philadelphia.

Mr. Gatto told the newspaper the employer refused to pay their obligations under the IUPAT contract and their legal counsel has made contact with the Union attempting to settle the issue, which Mr. Gatto indicated isn’t likely.

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