Masonry Magazine January 1974 Page. 48
MCAA Information
Area Practice
Turner Smith, president of the Employer, testified that in his experience of over 17 years, covering about 20 to 30 jobs, Iron Workers had never been assigned the work involving the installation, as in the instant case, of small flat type panels. He further testified that local masonry contractors assigned the work in dispute to a crew of bricklayers and an operating engineer.
George Miller testified that based on his experience nationally in the masonry contract field, the work in dispute is traditionally assigned to Bricklayers, tended by masons who are members of the Laborers International Union. On the other hand, a witness for Iron Workers, Frank Gunnels, president of the Empire Construction Company, testified that area contractors generally utilize a composite crew to perform the disputed work; however, on cross-examination, he stated that his company had never installed the specific type and nature of the cast stone involved in the instant case.
Skills, Efficiency, and Economy of Operation
The record reflects that the Employer's own employees, represented by Bricklayers and assisted by mason tenders, members of Laborers International Union, possess all the necessary skills to perform the disputed work and have always done such work for the Employer satisfactorily. It also appears that ironworkers possess the necessary skills to perform that portion of the disputed work claimed by them. We find, therefore, that the factor of skills favors neither the present assignment nor an assignment to a composite crew.
With regard to the efficiency and economy of operations, the record reflects that the Employer employs approximately "While the Employer and Bricklayers urge the Board to extend its determination to all similar disputes occurring, with some exception, within a 100-mile radius of Houston, we find no warrant in this record for such a broad determination.
45 to 50 bricklayers, 40 mason tenders, and 4 to 5 operating engineers on a year-round basis. In the event one of the Employer's employees, a member of Bricklayers, does not have work to do, he can be shifted to other tasks or to other jobs. Further, bricklayers can perform work in a continuous fashion, whereas ironworkers can be employed only for relatively short intervals of time.
On the other hand, the Employer employs no members of Iron Workers. Were we to award a portion of the disputed work to ironworkers, it would appear that the Employer would have to hire an ironworker under a minimum call contract provision and that the Employer would not be able to keep such employee busy the full day, all of which would require delay with the project.
Under the foregoing circumstances, it appears that the assignment of the disputed work to the Employer's own employees, represented by Bricklayers, is clearly the most efficient and economical manner of operation.
Conclusion
Upon the entire record in this case, and after full consideration of all relevant factors involved, we conclude that the Employer's employees who are represented by Bricklayers are entitled to perform the work in dispute. We reach this conclusion based on the Employer's past practice of assigning the disputed work to its employees; the facts that the assignment is not inconsistent with the practice of area contractors, that the Employer's employees possess the necessary skills and experience to perform the work, and that such assignment will result in greater efficiency and economy.
We shall, therefore, determine the dispute before us by awarding the work in dispute at the Employer's Hildebrandt Intermediate School project in Klein, Texas, to those employees represented by the Bricklayers but not to that Union or its members. Our present determination is limited to the particular controversy which gave rise to this proceeding."
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 Smith Southern Corporation who are represented by Bricklayers, Masons and Plasterers' International Union of America, AFL-CIO, Local No. 7, are entitled to perform the work of unloading, stockpiling, and erection of cast stone panels approximately 4 inches wide, 2 feet 10 inches high, and 15 feet long, which are set in a mortar joint tack-welded at the top of a clip angle, at the Employer's Hildebrandt Intermediate School, Klein, Texas, project.
2. Iron Workers Union Local No. 84 is not entitled, by means proscribed by Section 8(b) (4) (D) of the Act, to force or require Smith Southern Corporation to assign the above-described work to employees represented by that labor organization.
3. Within 10 days from the date of this Decision and Determination of Dispute, Iron Workers Union Local No. 84 shall notify the Regional Director for Region 23, in writing, whether or not it will refrain from forcing or requiring Smith Southern Corporation, by means proscribed by Section 8(b) (4) (D) of the Act, to assign the disputed work to its members, or employees represented by it, rather than to employees of Smith Southern Corporation represented by Bricklayers, Masons and Plasterers' International Union of America, AFL-CIO, Local No. 7.
Dated, Washington, D.C., January 8, 1974
Edward B. Miller, Chairman
Howard Jenkins, Jr., Member
Ralph E. Kennedy, Member
NATIONAL LABOR RELATIONS BOARD
(SEAL)
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