Masonry Magazine May 1969 Page. 13
DETERMINATION OF DISPUTE
Pursuant to Section 10(k) of the National Labor Relations Act, as amended, and upon the basis of the foregoing findings and the entire record in this case, the National Labor Relations Board makes the following Determination of Dispute:
1. Employees represented by Laborers International Union of North America, Local No. 870, AFL-CIO, and employed by General Masonry Inc., are entitled to perform the tasks of erecting and dismantling of steel tubular section scaffolds above the height of 14 feet at the Lamar State College of Technology construction project at Beaumont. Texas.
2. Neither United Brotherhood of Carpenters and Joiners of America, Local No. 753, AFL-CIO, nor its members, is entitled by means proscribed by Section 8(b) (4) (D) of the Act, to force or require assignment of the work in dispute to individuals represented by the aforesaid Union.
3. Within 10 days from the date of this Decision and Determination of Dispute, United Brotherhood of Carpenters and Joiners of America, Local No. 753, AFL-CIO, shall notify the Regional Director for Region 23, in writing, whether or not it will refrain from forcing or requiring General Masonry Inc., by means proscribed by Section 8(b) (4) (D), to assign the work in dispute in a manner inconsistent with the above determination.
Dated, Washington, D.C. April 23, 1969
Frank W. McCulloch, Chairman
Gerald A. Brown, Member
Sam Zagoria, Member
NATIONAL LABOR RELATIONS BOARD
(SEAL)
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
175 NLRB No. 101
D-1880
Houston, Texas
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, LOCAL NO. 213,
AFL-CIO
and
GENERAL MASONRY, INC.
and
LABORERS INTERNATIONAL UNION OF
NORTH AMERICA, LOCAL NO. 18, AFL-CIO
Case 23-CD-184
Decision and Determination of Dispute
This is a proceeding pursuant to Section 10(k) of the National Labor Relations Act, as amended, following charges filed by General Masonry, Inc., herein called General Masonry or the Employer, alleging that United Brotherhood of Carpenters and Joiners of America, Local No. 213, AFL-CIO, herein called Carpenters Local 213, has violated Section 8(b) (4) (D) of the Act. A duly scheduled hearing was held before Hearing Officer Jerome L. Avedon on December 27 and 30, 1968. The Employer and Carpenters Local 213 appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues.
Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with the case to a three-member panel.
The Board has reviewed the rulings of the Hearing Officer made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed.
Upon the entire record in this case, including the briefs of Carpenters Local 213 and the Employer, the Board makes the following findings:
I. The Business of the Employer
General Masonry, Inc., a Texas corporation with its principal office and place of business in Pasadena, Texas, is engaged in the erection of masonry as a masonry contractor in the building and construction industry in various parts of the State of Texas. During the past 12 months General Masonry, Inc. has purchased and received goods from outside the State of Texas valued in excess of $50,000. The parties agree, and we find, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and it will effectuate the policies of the Act to assert jurisdiction herein.