Masonry Magazine December 1989 Page. 55
Scope of the Award
Turner has requested a broad work award covering the entire geographic area encompassed by the Boston District Council of Carpenters' agreement with Turner. We find such an award inappropriate. Here, the labor organizations-Laborers Locals 22 and 151-which engaged in acts of 8(b)(4)(ii)(D) coercion in order to keep disputed work, are the organizations that represent the employees to whom we are awarding the work and to whom the Employers contemplate continuing to assign the work. Carpenters Locals 33 and 40 have not engaged in any acts of coercion, nor have they indicated any likelihood of doing so. In circumstances such as these, the Board has declined to give an areawide award. Iron Workers Local 433 (Crescent Corp.). 277 NLRB 670, 675 (1985); Electrical Workers IBEW Local 104 (Standard Sign), 248 NLRB 1144, 1147-1148 (1980). Accordingly, the award is limited to the four jobsites for which there was evidence of competing claims for work.
DETERMINATION OF DISPUTE
The National Labor Relations Board makes the following Determination of Dispute.
Employees of Anastasi Brothers Corporation and D. J. Construction represented by the Massachusetts Laborers District Council, Locals 22 and 151 are entitled to perform the erection, installation, and dismantling of pipe scaffolding at the Heritage on the Common, Cambridge Center Three, Cambridge Center One, and Tent city jobsites.
Dated. Washington, D.C. September 29, 1989
James M. Stephens, Chairman
Mary Miller Cracraft, Member
Dennis M. Devaney. Member
NATIONAL LABOR RELATIONS BOARD
Additionally, the award in O'Connell's Sons, supra, on which Turner relies, was limited to a particular project.
Chairman Stephens notes that in Carpenters Local 33 (Blount Bros.), 289 NLRB No. 167 (July 29, 1988), the Board held that a union's enforcement against a general contractor of a lawful union signatory construction industry subcontracting clause does not constitute unlawful coercion even when the general contractor is sued for contracting out work to a subcontractor whose own assignment of the work to employees of a different union has been upheld in a 10(k) award by the Board. The Board's award protected the subcontracting employer responsible for assigning the work from future unlawful pressure to assign it to others, but did not permit the award to be used as a means of immunizing a general contractor against suits for its breaches of a lawful contract clause. By contrast, in cases arising outside the construction industry, in which the construction industry provides to Sec. 8(a) does not privilege such subcontracting clauses, suits against an employer aimed at seeking work in contravention of a 10(k) award can have no reasonable basis or proper motivation, and therefore may constitute coercion within the meaning of Sec. 8(b)(4)(ii)(D). See Longshoremen ILWU Local 7 (Georgia-Pacific), 291 NLRB No. 13 (Sept. 30, 1988).
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MASONRY-NOVEMBER/DECEMBER, 1989 55