Masonry Magazine June 1994 Page. 35
employers that have been threatened or picketed are necessary parties to disputes under Section 10(k). The record in this proceeding fails to demonstrate that any of the Employers here have agreed to be bound by these agreements. Moreover, as discussed above, the evidence does not establish that the area and industry practices in fact conform to the terms of the agreements. Under these circumstances, we find that we cannot give weight to these agreements in determining this dispute.
Conclusions
After considering all the relevant factors, we conclude that the relevant factors favor the continuation of the Employers' assignments of the disputed work. As to Fabcon, we conclude that the employees represented by Bricklayers and Laborers are entitled to perform the disputed work based on collective-bargaining agreements, employer preference and past practice, and economy and efficiency of operations. As to ATMI, we award the disputed work to the employees represented by Bricklayers based on collective-bargaining agreements, employer preference and past practice, and economy and efficiency of operations. As to Nationwide, we conclude that the employees represented by Bricklayers and Laborers are entitled to perform the disputed work based on collective-bargaining agreements, employer preference, and economy and efficiency of operations.
In making these determinations, we are awarding the work to employees represented by the above Unions, not to those Unions or their members.
Scope of the Awards
Where the evidence indicates that a jurisdictional dispute is likely to recur, the Board will issue an award broad enough to encompass the geographical area in which an employer does business and the jurisdictions of the competing unions coincide. 10 In Cases 13-CD-459, 13-CD-464, 13-CD-465, 13-CD-466, and 13-CD-467, pertaining to Faboon and ATMI, the Employers, Bricklayers, Iron Workers, and Laborers stipulated that if an areawide award is not issued by the Board the disputes will continue and recur at various jobsites throughout the metropolitan Chicago area. The parties further stipulated that the award of the disputed work should include the entire territorial jurisdiction of Iron Workers. In Case 13-CD-468, Nationwide and Bricklayers request that the Board also issue an areawide award. Iron Workers opposes a broad award, contending that the situation may change from time to time. We conclude that an areawide award is warranted with respect to Nationwide as well as Fabcon and ATMI. The record demonstrates that 40 to 50 percent of Nationwide's jobs are within the geographical jurisdiction of Iron Workers. Maze testified that he intends to bid regularly on work within that area, noting that at the time of the hearing two or three such bids were pending. Moreover, at the time of the hearing, 90 percent of Nationwide's work on the LaSalle Street Station Station job remained to be performed. Maze further testified that between June 1991 and the hearing in July 1992 he was contacted on three occasions by representatives of Iron Workers concerning Nationwide's work in their jurisdiction. On one occasion prior to that giving rise to the present dispute, Iron Workers threatened to take job action if Nationwide did not include ironworkers in its crew. Based on the evidence in this record, we find that this dispute is likely to recur and that Iron Workers has demonstrated a proclivity to use proscribed means in order to obtain work similar to that in dispute here. Accordingly, the issuance of a broad award is appropriate in each of the cases before us here.
DETERMINATION OF DISPUTE
The National Labor Relations Board makes the following Determination of Dispute.
See Iron Workers Locul 84 (Smith Southern Corp.), 212 NLRB 721 (1974). We also note that in the cases cited supra involving Faboon and other Iron Workers locals, the Board awarded this work to bricklayers and laborers employed by Fabcon despite the existence of the 1954 and 1962 agreements.
PRESERVATION
PLAN ON IT
Planning on restoring a house, saving a landmark, reviving your neighborhood?
Gain a wealth of experience and help preserve our historic and architectural heritage. Join the National Trust for Historic Preservation.
Make preservation a blueprint for the future.
Write:
National Trust for Historic Preservation
Department PA
1785 Massachusetts Ave., N.W.
Washington, D.C. 20036
1. Employees of Fabcon, Incorporated, represented by International Union of Bricklayers and Allied Craftsmen, AFL-CIO, and by Laborers District Council of Chicago and Laborers' International Union of North America and Canada, AFL-CIO, are entitled to perform the unloading, hoisting, and installation of precast or prestressed wall slabs for Fabcon within the territorial jurisdiction of Bridge, Structural and Reinforcing Iron Workers Local No. 1 of the International Association of Bridge. Structural and Ornamental Iron Workers, AFL-CIO.
2. Employees of ATMI Precast, Inc., represented by International Union of Bricklayers and Allied Craftsmen, AFL-CIO, are entitled to perform the unloading, hoisting, and installation of precast or prestressed wall slabs for ATMI within the territorial jurisdiction of Bridge, Structural and Reinforcing Iron Workers Local No. 1 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO.
3. Employees of Nationwide Erectors, Inc., represented by International Union of Bricklayers and Allied Craftsmen, AFL-CIO and by Laborers District Council of Chicago and Laborers' International Union of North America and Canada, AFL-CIO, are entitled to perform the unloading, hoisting, and installation of precast or prestressed wall slabs for Nationwide within the territorial jurisdiction of Bridge. Structural and Reinforcing Iron Workers Local No. 1 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO.
4. Bridge, Structural and Reinforcing Iron Workers Local No. 1 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO is not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force the Employers here to assign the disputed work to employees represented by it.
5. Within 10 days from this date, Bridge, Structural and Reinforcing Iron Workers Local No. 1 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO shall notify the Regional Director for Region 13 in writing whether it will refrain from forcing the Employers, by means proscribed by Section 8(b)(4)(D), to assign the disputed work in a manner inconsistent with these determinations.
Dated, Washington, D.C. May 19, 1993
James M. Stephens.
Dennis M. Devaney.
Clifford R. Oviatt, Jr.,
Chairman
Member
Member
See, e.g., Laborers Local 146 (Modern Acoustics), 267 NLRB 1123 (1983). (Seal) NATIONAL LABOR RELATIONS BOARD
MASONRY-MAY/JUNE, 1994 35