Two Metro Tech Center
`Suite 5100
`Brooklyn, NY 11201-3838
`
` REGION 29
`
`
`UNITED STATES GOVERNMENT
`NATIONAL LABOR RELATIONS BOARD
`
`Agency Website: www.nirb.gov
`Telephone: (718)330-7713
`Fax: (718)330-7579
`
`July 18, 2023
`
`Re:
`
`Local 73 LIUNA (Tully Construction)
`Case 29-CB-319036
`
`Wehavecarefully investigated and considered your charge that Local 731 LIUNA has
`violated the National Labor Relations Act.
`
`Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
`because there is insufficient evidence to establish a violation of the Act.
`
`Charging Party’s Right to Appeal: The Charging Party may appeal my decision to the
`General Counsel of the National Labor Relations Board, through the Office of Appeals.
`
`Meansof Filing: You mustfile your appealelectronically or provide a written
`statement explaining whyelectronic submission is not possible or feasible. Written
`instructions for the NLRB’s E-Filing system and the Terms and Conditions of the NLRB’s
`E-Filing policy are available at www.nlrb.gov. See User Guide. A video demonstration
`which provides step-by-step instructions and frequently asked questionsare also available
`at www.nirb.gov. If you require additional assistance with E-Filing, please contact e-
`Filing@nirb.gov.
`
`You are encouraged to also submit a complete statement of the facts and reasons why
`you believe my decision wasincorrect. If you cannotfile electronically, please send the appeal
`and your written explanation of why you cannotfile electronically to the General Counselat the
`National LaborRelations Board, Attn: Office of Appeals, 1015 Half Street SE, Washington,
`DC 20570-0001. Unless filed electronically, a copy of the appeal should also be sent to me. The
`main telephone numberfor the Office of Appeals is (202)273-3760.
`
`The appeal MAY NOTbefiled by fax or email. The Office of Appeals will not process
`faxed or emailed appeals.
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`Appeal Due Date: The appeal is due on August1, 2023. If the appealis filed
`electronically, the transmission of the entire documentthrough the Agency’s website must be
`completed no later than 11:59 p.m. Eastern Timeon the due date. If filing by mail or by
`delivery service an appeal will be foundto be timely filed if it is postmarked or given to a
`delivery service no later than July 31, 2023. If an appeal is postmarked or given to a delivery
`
`

`

`Local 73 LIUNA (Tully Construction)
`Case 29-CB-319036
`
`
`service on the due date, it will be rejected as untimely. If hand delivered, an appeal must be
`received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the appeal
`due date. If an appeal is not submitted in accordance with this paragraph, it will be rejected.
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`Extension of Time to File Appeal: The General Counsel may allow additional time to
`file the appeal if the Charging Party provides a good reason for doing so and the request for an
`extension of time is received on or before August 1, 2023. The request may be filed
`electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
`(202)273-4283, by mail, or by delivery service. The General Counsel will not consider any
`request for an extension of time to file an appeal received after August 1, 2023, even if it is
`postmarked or given to the delivery service before the due date. Unless filed electronically,
`a copy of the extension of time should also be sent to me.
`
`Confidentiality: We will not honor requests to limit our use of appeal statements or
`evidence. Upon a request under the Freedom of Information Act (FOIA) by a party during the
`processing of an appeal, the Agency’s FOIA Branch discloses appeal statements, redacted for
`personal privacy, confidential source protection, or other applicable FOIA exemptions. In the
`event the appeal is sustained, any statement or material submitted may be introduced as evidence
`at a hearing before an administrative law judge. However, certain evidence produced at a hearing
`may be protected from public disclosure by demonstrated claims of confidentiality.
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`Enclosure
`
`Very truly yours,
`Terri A. Craig
`Terri Craig
`Acting Regional Director
`
`Evan D. Lerner, Esq.
`Lerner Law Firm & Associates, P.C.
`400 Post Avenue, Suite 303
`Westbury, NY 11590
`
`Paul D’Abbraccio
`Local 731 LIUNA
`3411 35th Avenue
`Astoria, NY 11106
`
`Tully Construction
`12750 Northern Boulevard
`Flushing, NY 11368
`
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`cc:
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`

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`UNITED STATES OF AMERICA
`NATIONAL LABOR RELATIONS BOARD
`
`APPEAL FORM
`
`Date:
`
`To: General Counsel
`Attn: Office of Appeals
`
`National Labor Relations Board
`
`1015 Half Street SE
`
` Washington, DC 20570-0001
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`
`
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`
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`Please be advised that an appeal is hereby taken to the General Counsel of the
`
`National Labor Relations Board from the action of the Regional Director in refusing to
`issue a complaint on the charge in
`
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`Case Name(s).
`
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`Case No(s). (If more than one case number, include all case numbers in which appeal is
`taken.)
`
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`(Signature)
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`1.
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`2.
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`E-FILING TO APPEALS
`Extension of Time: This document is used when the Charging Party is asking for more time to efile an
`Appeal.
`
`•
`
`If an Extension of Time is e-filed, and there are additional documents to be e-filed simultaneously with
`it, please e-file those documents under the selection Correspondence.
`• After an Extension of Time has already been e-filed, any additional materials to add to the Extension
`of Time should be e-filed under Correspondence.
`File an Appeal: If the Charging Party does not agree with the Region’s decision on the case, an Appeal can be
`e-filed.
`
`•
`
`• Only one (1) Appeal can be e-filed to each determination in the Region’s decision letter that is
`received.
` After an Appeal has been e-filed, any additional materials to add to the Appeal should be e-filed
`under Correspondence.
`3. Notice of Appearance: Either party can e-file a Notice of Appearance if there is a new counsel representing
`one side or a different counsel.
`
`• This document is only e-filed with the Office of Appeals after a decision has been made by the
`Region.
`• This document can be e-filed before an Appeal is e-filed.
`4. Correspondence: Parties will select Correspondence when adding documents or supplementing the Appeal
`or Extension of Time.
`
`• Correspondence is used to e-file documents after an Extension of Time, Appeal or Notice of
`Appearance has been e-filed.
`5. Position Statement: The Charging Party or Charged Party may e-file a Position Statement.
`
`• The Charging Party will e-file this document as a supplement of the Appeal.
`• The Charged Party will specifically file one to support the Region’s decision.
`• This document should be e-filed after an Extension of Time, Appeal or Notice of Appearance has
`been e-filed.
`6. Withdrawal Request: If the Charging Party decides to no longer pursue their appeal, he/she can e-file a
`Withdrawal Request to the Office of Appeals.
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`• This document should be e-Filed after an Extension of Time, Appeal or Notice of Appearance has
`been e-filed.
`
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`The selections of Evidence or Other should no longer be used.
`If you need to contact the Office of Appeals, please call (202)273-3760.
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`7.
`8.
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