Masonry Magazine February 1985 Page. 41
Scope of Award
AGC requests that the Board issue a broad work award covering the geographic areas encompassed in the Boston District Council of Carpenters agreement with AGC. This area includes more than 10 cities located in eastern Massachusetts. AGC contends that such an award is necessary in order to avoid repetition of similar jurisdictional claims and attendant work stoppages at construction sites within this area. In this regard, AGC refers, inter alia, to a Board decision issued in 1969 which awarded similar work to laborers rather than carpenters. We note that there has been only one incident of actual work stoppage by Carpenters Local 33 and one threat of strike by Carpenters Local 218 in this entire goegraphic area.
Moreover, although AGC presented evidence of Carpenters requesting similar work on other projects, there is no evidence showing reasonable cause to believe that Carpenters have thus far committed any other 8(b)(4)(D) violations in pursuit of such scaffolding work. Under these circumstances, and considering that the Board's earlier decision was issued 15 years ago, we find that the evidence does not demonstrate a proclivity of Carpenters to engage in further unlawful conduct with attendant work interruptions at other jobsites involving other employers unless a broad award is made here. Accordingly, we conclude that the issuance of a broad award is inappropriate in this proceeding. The determination is therefore limited to the particular controversies that gave rise to this proceeding.
DETERMINATION OF DISPUTE
The National Labor Relations Board makes the following Determination of Dispute.
1. Employees of Anastasi Brothers Corporation and G. J. Luchetti, Inc. represented by Laborers Locals 22 and 223, Laborers International Union of North America, are entitled to perform the work of erecting and dismantling pipe scaffolding for the installation of masonry work on the Lafayette Place project in Boston, Massachusetts, and the Malden Hospital site in Malden, Massachusetts.
2. Local Unions 33 and 218. United Brotherhood of Carpenters and Joiners of America, and Boston District Council of Carpenters, affiliated with the United Brotherhood of Carpenters and Joiners of America, are not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force Anastasi Brothers Corporation, G. J. Luchetti. Inc.. Blount Brothers Corporation, and Volpe Construction Co., Inc., to assign the disputed work to employees represented by them.
3. Within 10 days from this date, Local Unions 33 and 218. United Brotherhood of Carpenters and Joiners of America, and Boston District Council of Carpenters, affiliated with United Brotherhood of Carpenters and Joiners of America, shall notify the Regional Director for Region 1 in writing whether they will refrain from forcing the Employer, by means proscribed by Section 8(b)(4)(D), to assign the disputed work in a manner inconsistent with this determination.
Dated, Washington. D.C. 22 October 1984
Donald L. Dotson.
Chairman
Robert P. Hunter.
Member
Patricia Diaz Dennis,
Member
NATIONAL LABOR RELATIONS BOARD
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MASONRY JANUARY/FEBRUARY, 1985 41