Masonry Magazine May 1964 Page. 8
carpenters and in others to stone masons. In United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local 1622 (O. R. Karst), where the competing unions also offered conflicting decisions of the Joint Board supporting their various positions, the Board stated, "We do not believe that such de- cisions indicate more than that the instant dispute between the Unions is one of long standing and that neither Union has conceded to the other the right to perform the work in dispute." The same may be said in this case. We shall therefore accord no weight to the decisions of the Joint Board.9
7. Other Factors. The Bricklayers introduced evidence to show that precast concrete exterior wall panels are considered by architects and masons to be a substitute for stone panels in the construction of exterior walls for buildings, and that the work re-quired in the installation of precast panels is basically the same as that in the installation of stone panels, which work has traditionally been that of brick-layers. No evidence to the contrary was presented by the Carpenters. We find that this factor favors the Bricklayers.
Conclusion as to the Merits of the Dispute
In International Association of Machinists, Lodge 1743 (J. A. Jones Construction Co.)10 the Board set forth certain criteria to be considered in assign-ing disputed work, and noted that each decision would be based upon common-sense, experience and a balancing of the relevant factors. Weighing the pertinent factors in this case, we believe that employees represented by the Bricklayers are entitled to the work in dispute. In reaching this conclusion, we rely on the facts that Gorman awarded the work in dispute to employees represented by the Brick-layers, stone masons are sufficiently skilled to per-form the work and have performed it to the satisfac-tion of Gorman who desires to continue using them, the assignment of the work conforms to Gorman's past practice, and construction of exterior walls of buildings has traditionally been the work of brick-layers and stone masons. Accordingly, we shall deter-mine the jurisdictional dispute by deciding that em-ployees represented by Bricklayers, rather than those represented by Carpenters, are entitled to the work in dispute. In making this determination, we are assigning the disputed work to the employees of Gorman who are represented by the Bricklayers, but not to that union or its members.
8139 NLRB 591.
9 Neither union is certified as representative of Gorman's em ployees. Although Gorman has a collective-bargaining agreement with the Bircklayers and not with the Carpenters, we do not rely upon the Bricklayer's agreement as a factor in assigning the work as this agreement does not describe the work to be performed by the stone masons involved herein.
10 135 NLRB 591.
in dispute. In making this determination, we are assigning the disputed work to the employees of Gorman who are represented by the Bricklayers, but not to that union or its members.
Determination of the Dispute
Upon the basis of the foregoing and the entire record in the case, the Board makes the following Determination of Dispute pursuant to Section 10(k) of the Act.
1. Employees of Stephen Gorman Bricklaying Co., Inc., currently represented by Bricklayers Local Union No. 1 of Missouri, affiliated with Bricklayers, Masons and Plasterers International Union of Ame-rica, AFL-CIO, are entitled to perform the following work:
Unloading, handling, rigging, erecting, setting. plumbing, aligning, bracing, staying, leveling. and anchoring by bolting and/or welding pre- cast concrete exterior wall panels. 12
2. Carpenters District Council of St. Louis affili-ated with United Brotherhood of Carpenters and Joiners of America, AFL-CIO, is not entitled, by means proscribed by Section 8(b)(4)(D) of the Act, to force or require the Employer to assign the above work to carpenters who are represented by it.
3. Within 10 days from the date of the Decision and Determination of Dispute, Carpenters District Council of St. Louis, affiliated with United Brother-hood of Carpenters and Joiners of America, AFL-CIO, shall notify the Regional Director for the Four-teenth Region, in writing, whether it will refrain from forcing or requiring the Employer, by means pro-scribed in Section 8(b)(4)(D), to assign the work in dispute to carpenters rather than to stone masons.
Dated, Washington, D. C. April 21, 1964.
Frank W. McCulloch, Chairman
Boyd Leedom, Member
Gerald A. Brown, Member
NATIONAL LABOR RELATIONS BOARD
11 The construction of the 121 Meramec Building where the in-stant dispute arose has been completed. Our assignment is to be regarded as limited to the facts and circumstances of the contro-versy which gave rise to these proceedings, and shall cover the assignment by Gorman of the work in dispute in any area where the geographical jurisdiction of Bricklayers Local Union No. 1 affiliated with Bricklayers, Mason, and Plasterers International Union of America, AFL-CIO, and Carpenters District Council of St. Louis, affiliated with United Brotherhood of Carpenters and Joiners of America, AFL-CIO, coincide. International As sociation of Operating Engineers, Local 66 (Frank P. Badolato and Sons), supra, at page 1401.
12 This award affects only the respective claims of stone masons and carpenters to said work, and is without prejudice to what-ever rights employees represented by the Iron Workers may have with respect thereto.
MASONRY . May, 1964