In the Matter of the Expedited Arbitration between
TISHMAN CONSTRUCTION CORPORATION,
CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL 16,
ARBITRATOR RICHARD ADELMAN
CEASE AND DESIST ORDER
Issued By ARBITRATOR RICHARD ADELMAN
July 2, 2020
CEASE AND DESIST ORDER
WHEREAS, Tishman Construction Corporation (“Tishman”) is party to Project Labor Agreements (“PLAs”) with The Building and Construction Trades Council of Greater New York and Vicinity (“Council”) covering the work at 270 Park Avenue, New York (“JP Morgan Chase Headquarters”) and at Atlantic Yards, Brooklyn, New York (“Pacific Park Project”) (collectively, “Projects”); and
WHEREAS, the Cement and Concrete Workers District 16 and its affiliated local unions (“District 16”) are members of the Council and signatory to the PLAs governing the Projects; and
WHEREAS, the PLAs provide in Article 7, Section 1 for no strikes, sympathy strikes, picketing, work stoppages, hand billing, demonstrations or other disruptive activity on the Projects for their duration; and
WHEREAS, certain members of District 16 and others who are represented by District 16 and who were assigned to work on the Projects and did not work on July 1 and 2, 2020; and
WHEREAS, Tishman demanded expedited arbitration under Article 7, Section 4 of the respective PLAs on July 1, 2020; and
WHEREAS, on July 2, 2020. Tishman and District 16 participated in a hearing on Tishman’s grievance before arbitrator Richard Adelman, the designated arbitrator in accordance with the terms of the respective PLAs; and
WHEREAS, a hearing was convened on July 2, 2020, before Arbitrator Richard Adelman at which Tishman and District 16 were given a full and fair opportunity to present witnesses and other evidence in support of their respective positions; and
WHEREAS, following the presentation of evidence and argument by Tishman and District 16 at the hearing before Arbitrator Adelman, Arbitrator Adelman issues the following Award and Order, effective immediately:
AWARD AND ORDER
ORDERED, that District 16, its members, and others whom it represents who perform work within the jurisdiction of District 16 on the Projects cease and desist from engaging in the work stoppages at the JP Morgan Headquarters and the Pacific Park Projects; and it is
FURTHER ORDERED, that District 16, its members, and others whom it represents who perform work within the jurisdiction of District 16 on the Projects immediately report to work at the JP Morgan Headquarters and Pacific Park Projects and fulfill their obligations in accordance with the terms of the respective PLAs governing those Projects; and it is
FURTHER ORDERED, that District 16, its members, and others whom it represents, for the duration of the Projects, shall not engage in any strikes, sympathy strikes, picketing, work stoppages, hand billing, demonstrations or other disruptive activity on the Projects; and it is
FURTHER ORDERED, that nothing in this Order shall limit the rights of any party to this arbitration proceeding to seek any other relief or remedies it may have.
Dated: July 2, 2020
Rockaway, New Jersey
On July 1, 2020, the District Council of Cement and Concrete Workers (“District Council”) received information that employees of Tishman Construction Corporation (“Tishman”) and/or of member employers of the Contractors’ Association of Greater New York, Inc. (“CAGNY”) may have refused to perform work at Project Labor Agreement (“PLA”) job sites such as, JP Morgan Headquarters Project located at 270 Park Avenue in Manhattan and the Javits Center in Manhattan, and the Pacific Park Project located at Atlantic Yards, Brooklyn (collectively, the “Projects”).
PLEASE BE ADVISED that each PLA provides, in part, that there “shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, hand billing, demonstrations or similar disruptive activity that impedes work progress to the Project…for any reason by any Union or employee….”
PLEASE BE FURTHER ADVISED that the PLA also provides that any employee that engages in such activity “may immediately be discharged” by the construction manager and/or the contractor.
THIS NOTICE is to inform all District Council represented employees working on a PLA Project for Tishman and/or any CAGNY employer member that (s)he must not engage in any of the disruptive activity described above or in any concerted refusal to work or engage in any strike. All District Council members working on a PLA Project must cease and desist all such activity and exhortations or communications encouraging the same.
WE ASK THAT IF YOU OBSERVE ANY DISRUPTIVE ACTIVITY AS DESCRIBED ABOVE, PLEASE IMMEDIATELY NOTIFY THE UNION DIRECTLY.