Masonry Magazine February 1970 Page. 31
8(b) (4) (D) has occurred and that the dispute is properly before the Board for determination.
E. Merits of the Dispute
Section 10(k) of the Act requires the Board to make an affirmative award of disputed work after giving due consideration to various relevant factors.
# 1. Collective-Bargaining Agreement
The Employer is a member of the Masonry Contractors Association of America, Inc., which has a current collective-bargaining agreement with the Laborers' International Association of America, with which Local 563 is affiliated. The Employer has no contract with the Respondent. Pursuant to the aforesaid agreement, the Employer has assigned employees represented by Local 563 to perform all unloading, erecting, dismantling, moving, and adjustment of scaffolds.
# 2. Company, Industry, and Area Practice
The Employer's president testified that since 1945 he has assigned this type of work to employees represented by Local 563. Lance Bartlett, another mason and cement contractor in the area testified that he has always assigned the work of erecting and dismantling tubular metal scaffolding to employees represented by Local 563. In addition, Clarence Johnson, Local 563's business manager, testified that for at least 34 years the erecting and dismantling of tubular metal scaffolding has been awarded to laborers. Similarly, Teddy Webb, Local 563's Secretary-Treasurer stated that the area practice in the past has been to assign this work to laborers.
# 3. Economy and Efficiency Factors
The Employer's president testified that as the laborers spend only a minimal amount of time erecting and dismantling scaffolding, they are able to tend the bricklayers, clean up the yard, stockpile materials, and perform other tasks when not actually erecting and dismantling scaffolding. Frantz also testified that he employed no carpenters, and thus if carpenters had to be employed to perform the task of erecting and dismantling scaffolding, idleness and waste would result. As a consequence, the Employer's costs would increase.
# 4. Skill of the Employees
George Popson, project engineer for First Florida Corporation of Miami, testified that he had examined the scaffolding erected by the employees of the Employer represented by the laborers and found nothing wrong with the scaffolding. Furthermore, the Employer is apparently satisfied with the skills and safety performance of its employees.
# Conclusion
Upon the record as a whole, and after full consideration of all relevant factors involved, we believe that the employees of the Employer who are currently represented by Local 563, rather than carpenters represented by Local 7, are entitled to the work in dispute. We reach this conclusion relying upon the Employer's assignment of the disputed work to its own employees, the fact that the assignment is consistent with the Employer's past practice and the current bargaining contract, the fact that the employees represented by Local 563 possess the requisite skills to perform the work, and that such an assignment will result in efficiency and economy of operations. We shall determine the dispute masonry • February, 1970 before us by awarding all erection and dismantling of tubular steel scaffolding where the height of the seaf-folding exceeds 14 feet at the Pillsbury building job-site to those employees represented by Local 563, but not to that Union or its members. In consequence, we shall also determine that Local 7 was not, and is not entitled, by means proscribed by Section 8(b) (4) (D) of the Act, to force or require the Employer to assign the disputed work to 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 dispute:
1. Employees of Donald Frantz Concrete Construction, Inc., who are currently represented by Laborers Union Local No. 563, Laborers International Union of North America, AFL-CIO, are entitled to perform the work of erecting and dismantling all tubular steel scaffolding where the height of the scaffolding exceeds 14 feet at the Pillsbury building jobsite at 410 University Ave., S.E., Minneapolis, Minnesota.
2. United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local No. 7, is not entitled by means proscribed by Section 8(b) (4) (D) of the Act to force or require Donald Frantz Concrete Construction, Inc., to assign such scaffolding assign such scaffolding work to carpenters represented by United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local No. 7.
3. Within 10 days from the date of this Decision and Determination of Dispute, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local No. 7, shall notify the Regional Director for Region 18, in writing, whether or not it will refrain from forcing or requiring the Employer, by means proscribed by Section 8(b) (4) (D) of the Act, to assign the work in dispute to carpenters represented by the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local No. 7, rather than to employees represented by Laborers Union Local No. 563, Laborers International Union of North America, AFL-CIO.
Dated, Washington, D.C., Nov. 21, 1969
Frank W. McCulloch, Chairman
Gerald A. Brown, Member
Sam Zagoria, Member
NATIONAL LABOR RELATIONS BOARD (SEAL)
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