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work assignments were exclusively in the repair, maintenance,
construction, or rehabilitation of paper mills and power plants,
which included nuclear, gas turbine, and coal-fired plants,
engaged in either the generation of electricity or the production
of pulp or paper products. Petitioner's work assignments were
temporary, lasting a few hours, a few days, several weeks, or for
months. The latter categories usually involved new construction
or the major overhaul of an existing facility. Petitioner was
never an employee of the regular workforce at any facility.
Pursuant to a collective bargaining agreement between the
union and the owners and operators of the various mills and power
plants in Wisconsin, all work involving boilermakers at mills and
plants was directed and coordinated by the union from its offices
at Waukesha, Wisconsin. Whenever a call or request came from a
mill or plant for one or more boilermakers, the union assigned
boilermakers to the requesting plants under what was described as
a "ladder" system, wherein the union maintained a list of its
boilermaker members. Whenever a call or request came for one or
more boilermakers, the first name or names on the list were
assigned to the job. When a job was completed, the union steward
at the mill called the union office at Waukesha, Wisconsin, and
the "laid off" workers' names were placed at the bottom of the
ladder. The union had a "no turn down" policy, which required
each designated boilermaker to accept an assignment. Members of
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Last modified: May 25, 2011