National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 48, Afl-Cio

The National Labor Relations Board (“NLRB” or “Board”) requests that we enforce its December 15, 2000 order arising from a claim that the respondent International Brotherhood of Electrical Workers, Local 48, AFL-CIO (“Local 48” or “union”) violated portions of the National Labor Relations Act (“NLRA” or “Act”) by forcing its member Patrick Mulcahy to pay Market Recovery Program (“MRP”) funds when he worked on Davis-Bacon Act projects. The Davis-Bacon Act was designed for the benefit of construction workers on government projects, and requires contractors on federally funded construction projects to pay prevailing area wage rates “unconditionally ... and without subsequent deduction or rebate ... regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers and mechanics.” 40 U.S.C. § 276a(a) (West 2001). Local 48 opposes enforcement of the order, claiming that the NLRB’s order was not supported by substantial evidence, that the NLRB failed to examine the issues under the NLRA, and that MRP dues do not violate the Davis-Bacon Act. We have jurisdiction pursuant to 29 U.S.C. § 160 (e), and will enforce the NLRB’s…