Masonry Magazine January 1974 Page.29
other tasks that may be required by the contract. If the Employer were to utilize ironworkers in composite crews along with the bricklayers only for the purpose of erecting wall panels, company operations would be less efficient because ironworkers would have to be called in for comparatively short periods of time.
Accordingly, it appears from the record that the assignment of the work in dispute to the Employer's employees represented by the Bricklayers results in the most efficient method of carrying on the Employer's business.
Conclusion
Having considered all relevant portions of the record, we conclude that employees of the Employer represented by the Bricklayers are entitled to perform the disputed work. We arrive at this conclusion principally because the Bricklayers has demonstrated to the Employer's satisfaction that the Employer's assignment of the work to it has always resulted in its members performing this work skillfully and efficiently. Further, the Employer's assignment has not been shown to be at variance with industry practice in the area.
Finally, the Employer's various labor agreements do not militate against the Employer's right to award the disputed work to employees represented by the Bricklayers.
Therefore, we shall determine the dispute before us by awarding the disputed work at the Employer's Sperry Rand Building job in Houston, Texas, to those employees represented by the Bricklayers, but not to that Union or its members. Our determination of dispute 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 preassembled brick wall panels of varying dimensions which are set in a mortar joint prior to being welded or bolted to the structure, at the Employer's Sperry Rand Building job, Houston, Texas.
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 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., July 31, 1974
Edward B. Miller, Chairman
Howard Jenkins, Jr., Member
Ralph E. Kennedy, Member
NATIONAL LABOR RELATIONS BOARD
(SEAL)
The inexpensive mixer.
Western's Model 350 mortar & plaster mixer is the perfect mixer for small jobs. Portable. Compact. And, easy to use. One reason is Western's exclusive "wheelbarrow handle" feature for a one-man operation. The 350 moves with ease from room to room. It's right there when you need it.
If you have small mixing jobs, this is the one to invest in now. Inexpensive. Durable. And, very easy to use. Year after year.
Write us. We'll send you a catalog on our complete line. And, let you know where to get Western's 350. We know you'll be surprised at the inexpensive price.