Masonry Magazine September 1981 Page. 15
The following factors are relevant in making the determination of the dispute before us:
# 1. Collective-bargaining agreements
The Laborers and the Respondent have contract support for their claims to the disputed work. The Laborers contract covers "all work coming within the recognized jurisdiction of the Laborers' International Union of North America as set forth in their Manual of Jurisdiction as amended in October-and as now included in Section I of the Jurisdictional Guidelines Booklet..." Section 1 of the booklet specifically refers to Morgen scaffolding in describing scaffolding work.
The District Council's contract includes scaffolding in the coverage of the agreement. It states: Scaffolds over fourteen feet (14) in height or any special designed scaffolds or those built for special purposes shall be erected and dismantled from the base by carpenters.
# 2. Company and industry practice
Testimony was presented that in the geographic area involved laborers and carpenters have performed the disputed work. It has been the Employer's practice for about 35 years to use laborers to erect Morgen and other metal scaffolding.
# 3. Relative skills
The evidence indicates that particular skills are not required to perform the disputed work and that both laborers and carpenters are capable of performing it.
# 4. Economy and efficiency of operation
There appear to be economy and efficiency considerations favoring assignment of the scaffolding work to either laborers or carpenters. The Employer argues that its laborers are trained and experienced in performing the work, and therefore do it promptly and efficiently. It further argues that because of the flexibility of laboring work and the ability of laborers to perform various jobs at the site the Employer can maintain a more efficient work schedule by assigning scaffolding work to the laborers and using carpenters for work requiring their particular skills.
The Respondents argue to the contrary, that because of the carpenters' particular skills they could perform the scaffolding work in a sounder and safer way and in less time than laborers. The Respondents also assert that apprentice carpenters could be used for the disputed work.
# Conclusion
Upon the record as a whole, and after full consideration of all relevant factors involved, we conclude that employees who are represented by the Laborers are entitled to perform the work in dispute. We reach this conclusion relying particularly on the Employer's longstanding practice of assigning the work to those employees, its satisfaction with the performance of those employees, and the absence of other factors which which clearly would dictate award of the work to employees represented by the Respondents. In making this determination, we are awarding the work in question to employees who are represented by Local 81, District Council 57. Laborers' International Union of North America, AFL-CIO, but not to that Union or its members. The 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 makes the following Determination of Dispute:
1. Employees of C. J. Reinke & Sons, Inc., who are represented by Local 81, District Council 57, Laborers' International Union of North America, AFL-CIO, are entitled to perform the erection of Morgen scaffolding at the Michigan City jobsite.
2. Local 1485, Northwest Indiana and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and United Brotherhood of Carpenters and Joiners of America, AFL-CIO, are not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force or require C. J. Reinke & Sons, Inc., to assign the disputed work to employees they represent.
3. Within 10 days from the date of this Decision and Determination of Dispute, Local 1485, Northwest Indiana and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and United Brotherhood of Carpenters and Joiners of America, AFL-CIO, shall notify the Regional Director for Region 25, in writing, whether or not they 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. March 5, 1981
John H. Fanning, Chairman
Howard Jenkins. Jr., Member
Don A. Zimmerman, Member
NATIONAL LABOR RELATIONS BOARD SEAL
MCAA
1982
Orlando
32nd
International Masonry
Conference & Show
Feb. 12-16 Feb. 13-15
Orlando Hyatt House
MASONRY/SEPTEMBER, 1981 15
9. The section reads, in part: Scaffold erection, the total erection, building and the installation, planking, bolting, lining, leveling, bracing and the total dismantling of same; the building, planking, installation and removal of all staging, swinging and hanging scaffolds. Morgen scaffolding, including maintenance thereof for all lathers, plasterers, bricklayers, masons and other Construction Trade Crafts; the preparation for foundations or mud sills for all scaffolding as well as maintenance shall be done by Laborers.