Masonry Magazine September 1981 Page. 13
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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NLRB AWARD OF SCAFFOLDING ERECTION TO LABORERS
LOCAL 1485, NORTHWEST INDIANA AND
VICINITY DISTRICT COUNCIL OF
THE UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA, AFL-CIO
and
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL-CIO
and
C. J. REINKE & SONS, INC.
and
LOCAL 81, DISTRICT COUNCIL 57,
LABORERS INTERNATIONAL UNION OF
NORTH AMERICA, AFL-CIO
CASES 25-CD-204 and
25-CD-205
DECISION AND DETERMINATION OF DISPUTE
This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following charges filed by C. J. Reinke & Sons, Inc., herein called the Employer, alleging that Local 1485, Northwest Indiana and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and United Brotherhood of Carpenters and Joiners of America, AFL-CIO, herein called collectively the Respondents, and individually Local 1485, the District Council, and the International, had violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the Employer to assign certain work to employees represented by the Respondents rather than to employees represented by Local 81. District Council 57. Laborers International Union of North America, AFL-CIO, herein called the Laborers.
Pursuant to notice, a hearing was held before Hearing Officer Steve Robles on November 6, 1980, All parties appeared and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues.
The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.
Upon the entire record in this proceeding, the Board makes the following findings:
I. The Business of the Employer
The parties stipulated, and we find, that the Employer, an Indiana corporation with its principal place of business in South Bend, Indiana, is engaged as a general contractor in the building and construction industry. During the past year the Employer purchased materials from outside the State having a value of $50,000. The parties also stipulated, and we find, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act. We further find that it will effectuate the purposes of the Act to assert jurisdiction herein.
II. The Labor Organizations Involved
We find that Local 1485, Northwest Indiana and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, AFL-CIO: and Local 81, District Council 57, Laborers International Union of North America, AFL-CIO, are labor organizations within the meaning of Section 2(5) of the Act.
III. The Dispute
# A. Background and Facts of the Dispute
The Employer is a general contractor, engaged in commercial, industrial, and institutional construction in northern Indiana and southern Michigan. It hires laborers and carpenters directly on its jobsites and has contracts with the labor organizations which represent these categories of employees. Its contract covering carpenters consists of a memorandum of agreement with the District Council, effective June 1, 1978, under which the Employer adopted the agreement between the District Council and an employer association. The most recent term of the District Council's contract extends from June 1, 1980, through May 31, 1981. The Employer's contract covering laborers is through membership in an employer association which bargains through the Laborers negotiating committee, Associated General Contractors of Indiana, Inc., which has a contract with the Laborers' International Union of North America, State of Indiana District Council, for and on behalf of its affiliated local unions, including Local 81. The most recent Laborers contract is effective April 1, 1979, and expires March 31, 1982.
In the spring of 1980, the Employer began construction of savings and loan building at Michigan City, Indiana. In connection with the construction, the Employer used Morgen scaffolding, which it owned and transported to the jobsite. This particular type of scaffolding consists of steel towers. A foundation is prepared on the ground; the towers are assembled on the ground, then raised, usually by forklift, set in position, braced, and tied off to the building. The scaffold at Michigan City was more than 14 feet tall.
In the past the Employer had used laborers to erect metal scaffolding, and it assigned the scaffolding work at Michigan City to laborers. They began to erect the scaffold on or about September 1. 1980. The business representative of Local 1485 learned that laborers were doing the work from the carpenter steward on the job. Thereafter, a representative of the District Council communicated with the Employer and asserted the work should be assigned to carpenters. The Employer then made a formal award of
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MASONRY/SEPTEMBER, 1981 13