Masonry Magazine May 1969 Page. 28
NLRB Decision
(Continued from page 27)
3. Employee Skills and Efficiency of Operation
Scaffolding is first used when a masonry wall has been erected scaffold-high. The erection of scaffolding begins with the worker removing any excess material which was used to erect the wall. If the terrain is uneven, he levels it with a shovel before placing the mud sill, a 2 x 10 foot scaffold board, flat on the ground, parallel to the masonry wall.
The worker next sets a scaffold frame on the mud sill and attaches a 7 x 5 foot cross brace. The brace has a hole in the end which is slipped into a metal stud protruding from the scaffold frame. The brace is pushed onto the stud until a gravity-lock pin in the stud drops. The worker then takes a second scaffold frame and connects it with the other end of the cross brace, and repeats this process with a second cross brace on the other side of the scaffold, making one complete section of scaffold. If additional leveling is then required it is done by means of a base plate and screw foot. Level is determined by a plumb.
The worker next attaches the side brackets, triangular pieces of metal, to the sides of the frame next to the wall. He then lays two 15 x 2 x 10 foot boards loose across the side brackets for the mason to stand on. He also lays four or five such boards across the top of the scaffold frame itself. As the mason raises the height of the wall, the side bracket is progressively raised.
After the mason is finished, the worker (called a mason tender) places a second set of frames on top of the first set to raise the height of the wall scaffold to the next height. The first and second heights of scaffolds are connected with a coupling pin. A half-inch metal screw is screwed into the scaffold frame and through a hole in the coupling pin to secure it. When the second height is completed, the worker moves the board from the platform of the first level of scaffold to that of the second. He also raises the side brackets to the lowest position on the second frame. For dismantling the operation is just reversed.
No special skills or tools are required to erect or disassemble scaffolding. Both carpenters and laborers possess the requisite abilities to perform the work.
As stated above, the Employer does not regularly employ carpenters. To reassign this work to carpenters would therefore entail loss of work by the laborers who have been performing it. Moreover only 1 hour per day is required to perform actual erection or disassembly of scaffolding. As the Employer has little other regular employment for carpenters, much down time would be involved if carpenters were assigned the work. Laborers, on the other hand, are used elsewhere by the Employer when there is no scaffolding work to be done.
F. Conclusions as to the Merits of the Dispute
On the basis of the record as a whole, and upon appraisal of all relevant considerations, we believe that the work in dispute should be awarded to employees represented by Laborers Local 18. The fact that the Employer's assignment conforms to its own and the area practice and is consistent with its collective-bargaining agreement, the fact that laborers employed by General Masonry not only have the requisite skill but are familiar with all facets of the work, and the attendant efficiency of operations leads us to conclude that General Masonry's assignment of the work should not be disturbed. Therefore, we shall determine the dispute by assigning the work in question to employees of General Masonry represented by Laborers Local 18. In making this determination, which is limited to the controversy which gave rise to this proceeding, we are not assigning the work to Local 18, or its members.
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 proceeding, the National Labor Relations Board hereby makes the following determination of the dispute.
1. Employees employed by General Masonry, Inc., who are represented by Laborers International Union of North America, Local No. 18, AFL-CIO, rather than carpenters represented by United Brotherhood of Carpenters and Joiners of America, Local No. 213, AFL-CIO, are entitled to perform the erection, assembly, and dismantling of steel tubular section scaffolds used in the erection of masonry walls at construction projects located at Houston, Texas.
2. United Brotherhood of Carpenters and Joiners of America, Local No. 213, AFL-CIO, is not entitled by means proscribed by Section 8(b) (4) (D) of the Act, to force or require the Employer, General Masonry, Inc., to assign the above work to carpenters represented by it.
3. Within 10 days from the date of this Decision and Determination of Dispute, United Brotherhood of Carpenters and Joiners of America, Local No. 213, AFL-CIO, shall notify the Regional Director for Region 23, in writing, whether it will or will not refrain from forcing or requiring the Employer, General Masonry, Inc., by means proscribed by Section 8(b) (4) (D) to assign the work in dispute to carpenters, rather than to employees of the Employer who are represented by Laborers Local 18.
Dated, Washington, D. C. Apr. 28, 1969
Frank W. McCulloch, Chairman
Howard Jenkins, Jr., Member
Sam Zagoria, Member
NATIONAL LABOR RELATIONS BOARD (SEAL)
4. On the record before us, we find no merit in the Employer's request for a broad Remedial Order. Such request is thus hereby denied.