Masonry Magazine September 1980 Page. 19
evidence, that it may be bound to the assignment-of-work provision of the contract, we find that the contractual assignment factor favors neither Union. Accordingly, this factor does not favor an award to either Union.
2. Employer Past Practice
The Employer has performed numerous masonry subcontract jobs in the Washington. D.C., area. Its uniform practice has been to assign the disputed work to employees represented by the Laborers. Employer practice favors an award to employees represented by the Laborers.
3. Economy and Efficiency of Operation
The record indicates that the forklift is never operated for more than 3 or 4 hours each day. When the forklift is not in operation, the Laborers assist the masons in the performance of their work. Engineers, on the other hand, do not perform any masonry work. In addition, Engineers are employed on the basis of a guaranteed 8-hour workday and thus would be paid for a considerable amount of idle time. Therefore, both of these factors favor awarding the work to employee members of the Laborers.
4. Employer Preference
The Employer has assigned the disputed work to employees represented by the Laborers and has expressed its preference that the disputed work be performed by these employees. Employer preference therefore favors an award to employees represented by the Laborers.
Conclusion
Upon the record as a whole, and after full consideration of all the relevant factors involved, we conclude that employees represented by the Laborers are entitled to perform the work dispute. In making this determination, we are awarding the work in dispute to the employees of Bricklaying, Inc., who are represented by the Laborers, but not to that Union or its members. Our determination is limited to the particular dispute 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 makes the following Determination of Dispute:
1. Employees of Bricklaying. Inc., who are represented by Laborers' International Union of North America. Local Union 74. AFL-CIO, are entitled to perform the work of operating the fork-lift at the Dirksen Senate Office Building construction site in Washington, D.C.
2. International Union of Operating Engineers. Local Nos. 77, 77-A. 77-RA. 77-B. 77-C. 77-D. AFL-CIO, is not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force or require Bricklaying, Inc., to assign the disputed work to employees represented by that labor organization.
3. Within 10 days from the date of this Decision and Determination of Dispute, International Union of Operating Engineers, Local Nos. 77, 77-A, 77-RA, 77-B. 77-C, 77-D. AFL-CIO, shall notify the Regional Director for Region 5, 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 disputed work in a manner inconsistent with the above determination.
Dated. Washington. D.C. September 11. 1980
John H. Fanning.
Chairman
Howard Jenkins, Jr.,
Member
John A. Penello.
Member
NATIONAL LABOR RELATIONS BOARD
(SEAL)
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MASONRY/SEPTEMBER, 1990 19