C. L. Pharris Sand & Gravel, Inc. v. Workers' Compensation Appeals Board

C. L. Pharris Sand & Gravel, Inc. (employer) and Fidelity and Casualty Company of New York, the employer’s workers’ compensation insurance carrier, petitioned for review of an order of the Workers’ Compensation Appeals Board (Board) denying reconsideration of an order determining that an injury to the applicant, James R. Lindsey, is fully compensable under the Workers’ Compensation Act. A writ of review issued and the matter is now before us for decision.

Employer is in the business of producing rock, sand and gravel and, as a member of an association of rock, sand and gravel producers, is a party to a collective bargaining agreement between the association and Local 12 of the International Union of Operating Engineers. Under the contract union membership was required for employment.

The union has an apprenticeship program which requires, in addition to on-the-job training, mandatory attendance at apprenticeship training classes whether the apprentice is employed or not. If an apprentice fails to attend required classes, the union has the power to impose sanctions including precluding the apprentice from working for any employer subject to the union contract.

The…