Masonry Magazine April 1987 Page. 34
NLRB DECISION
continued
forklifts. Under these circumstances, we find that the factor of area practice favors an award of the disputed work to employees represented by the Laborers.
4. Relative skills
There is no showing that the operation of the forklifts in dispute requires a degree of skills not possessed by operating engineers. It was undisputed that laborers had the requisite skills to perform the forklift work. Krall and Henrich did testify, however, that the nature of the work involved in tending masons required a knowledge of materials and procedure with which laborers were familiar, but operating engineers were not. We find that this factor favors awarding the disputed work to employees represented by Laborers.
5. Economy and efficiency of operation
The record contains undisputed testimony that it is more economical and efficient to have employees represented by Laborers rather than Operating Engineers perform mason-tending forklift work. The Operating Engineers' contractual claim is limited to forklift operations in connection with tending masons. Both Milak and Krall testified that only a small portion of a mason-tender's typical day is spent operating a forklift. Mason-tenders also mix mortar, supply and move scaffolding, and perform utility duties and job cleanup. These mason-tending nonforklift duties are not within the claimed jurisdiction of the Operating Engineers. Since the Employer uses its Laborer-represented employees for work other than forklift operation, the Employer would enjoy less operational flexibility and crew economy and efficiency if operating engineers were assigned the disputed work.
Krall testified that it became necessary for him to supervise operating engineers on the forklift to inform them of the materials needed in tending masons. The laborers performed the same work Laborers Local 132 (Brockway Glass), 224 NLRB 117, 120 (1976).
without such direct supervision. The record indicates that the applicable labor agreement for the Operating Engineers contains a minimum 4-hour show-up pay provision. This show-up pay restriction would add to job costs with no increase in productivity. Under these circumstances, we find that the factor of economy and efficiency of operation favors an award of the disputed work to employees represented by the Laborers.
6. Arbitration award
The Laborers and the Employer rely on a tripartite arbitration award issued by Arbitrator Joseph Kerkman on 10 May 1985 involving the Allied Construction Employers Association, Inc., two Laborers locals from the Milwaukee, Wisconsin area, and the Operating Engineers in support of their contentions regarding the determination of this dispute. In that case the arbitrator awarded the mason-tending forklift work to employees represented by the Laborers. We note, however, that all the parties did not participate in the arbitration hearing or agree to be bound by the results thereof. Accordingly, we give no weight to the arbitrator's award.
7. Prior NLRB determinations
The Laborers and Employer also rely on several prior Board decisions involving the award of disputed mason-tending forklift work: Laborers Local 317; 274 NLRB No. 28 (Feb. 20, 1985) (McWad III); Laborers Local 1359, 264 NLRB 1397 (1982) (McWad II); Operating Engineers Local 139, 262 NLRB 1300 (1982) (McWad I); Laborers Local 118 (D. H. Johnson Co.), 262 NLRB 1147 (1982). We find that the work involved in this dispute is similar to that involved in the above-cited cases. McWad I and McWad II involved a different masonry contractor employer, but the same unions, and similar circumstances and collective-bargaining provisions.
In all of these cases the Board awarded the disputed work to employees represented by the Laborers. While these prior cases are not accorded controlling weight in our determination, they are a factor we have considered. Accordingly, precedent favors
continued on page 38
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