Masonry Magazine April 1987 Page. 38
NLRB DECISION
continued
an award of the disputed work to employees represented by the Laborers."
Conclusions
After considering all the relevant factors, we conclude that employees represented by the Laborers are entitled to perform the work in dispute. We reach this conclusion relying on the factors of the collective-bargaining agreements, employer preference and past practice, area practice, relative skills, economy and efficiency of operations, and prior Board decisions. In making this determination, we are awarding the work to employees represented by the Laborers, not to that Union or its members.
Scope of the Award
The Employer contends that, because the Operating Engineers has persisted in attempts to influence the assignment of mason-tending forklift work, the Board should issue a broad award to employees represented by the Laborers on jobsites throughout the State of Wisconsin or alternatively to jobs involving mason-tending forklift work where the Employer is the masonry subcontractor on construction projects in the State of Wisconsin. The Laborers contends that the Board should grant the Employer's request for a broad order in view of the longstanding history of this dispute and the evidence that the dispute will recur. Contrary to the Employer's and the Laborers' contentions, we conclude that a broad order is not warranted.
The Operating Engineers filed a grievance concerning the disputed work. The Operating Engineers did not engage in threats of picketing or picketing, rather, it was the Laborers that threatened to picket and did picket to protest the reassignment of the disputed work to employees represented by the Operating Engineers.
In these circumstances, we decline to issue the broad award, and we limit the present determination to the particular controversy which gave rise to this proceeding.
DETERMINATION OF DISPUTE
The National Labor Relations Board makes the following Determination of Dispute.
Employees of Krall's Masonry, Inc. represented by Laborers' International Union of North America, Local 1359 are entitled to perform the work of operating forklifts used in connection with Krall's Masonry, Inc.'s masonry work at the Marathon County Health Care Center, Wausau, Wisconsin jobsite.
Dated. Washington, D.C. 30 September 1986
Wilford W. Johansen,
Marshall B. Babson.
James M. Stephens,
(SEAL) NATIONAL LABOR RELATIONS BOARD
Member
Member
Member
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38 MASONRY-MARCH/APRIL, 1987