Masonry Magazine October 1982 Page. 36
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continued from page 35
corroborated by the testimony of Dennis Henrichs, the business manager for the Laborers.
Evidence was also adduced to indicate that operating engineers are capable of handling other equipment, such as skip hoists and end loaders, when not engaged in the operation of the forklift. The record discloses that forklifts can lift materials only to a height of approximately 36 feet, and that a skip hoist must be used to lift materials to a higher elevation. It is therefore the contention of the Operating Engineers that, if masonry materials had to be lifted higher than 36 feet, the task would have to be performed by an operating engineer.
It thus appears that both laborers and operating engineers would perform other work at those times when the disputed work is not being performed. Accordingly, we find that the factor of economy and efficiency of operation does not favor an award of the disputed work to employees represented by either Union.
4. Relative skills
At the hearing evidence was presented which indicated that the skills necessary to perform the disputed work are possessed by employees represented by the Operating Engineers as well as by employees represented by the Laborers. We therefore find that this factor is inconclusive in determining the award of the disputed work.
5. Interunion agreements
The Operating Engineers submitted into evidence a 1954 memorandum of understanding which was agreed upon by the Internationals of both the Operating Engineers and the Laborers. The memorandum notes the existence of disputes arising in the construction industry between the two organizations, and provides that "[w]ith regard to forklifts and other similar type of equipment, the operation of same will be by members of the International Union of Operating Engineers...." It is contended by the Operating Engineers that that this agreement favors an award of the disputed work to employees whom it represents.
The Board has observed that such an agreement does not carry significant weight in the absence of evidence that all parties have agreed to be bound by it. There is no evidence in the instant case that the Employer has agreed to be bound to the memorandum. Moreover, we note that in spite of the agreement the Laborers has continued to claim the disputed work with the apparent sanction of the Laborers International. Testimony in support of the Laborers claim was given at the hearing by Carl Booker, the assistant director of jurisdiction for the Laborers International, and by Al Milak, the International representative of the Chicago region of the Laborers International. Accordingly, we attach no weight to the memorandum of understanding.
6. Impartial Board determinations
The Operating Engineers submitted into evidence 17 decisions of either the Impartial Jurisdictional Disputes Board or the former National Joint Board for the Settlement of Jurisdictional Disputes. The decisions, which range in time from 1964 to 1974, all involve
13. See Operative Plasterers' and Cement Masons' International Association, Local No. 394. AFL-CIO (Warner Masonry, Inc.), 220 NLRB 1074, 1075-76 (1975); Local 361. International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO (Concrete Casting Corp.). 209 NLRB 112, 114-115 (1974).
14. See Operative Plasterers' and Cement Masons' International Association, Local No. 394, AFL-CIO (Warner Masonry, Inc.), supra at 1076.
15. See Operative Plasterers' and Cement Masons' International Association, Local No. 394, AFL-CIO (Warner Masonry Inc.), supru at 1075-76: United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Plumbers Local No. 219 (Price Brothers Co.), 174 NLRB 547, 550 (1969).
16. The pertinent portions of two typical awards read as follows: It has been agreed between the two International Unions involved that the operation of forklifts shall be assigned to Operating Engineers. Contractor is directed to proceed with work on this basis.
The Joint Board voted to make the following job decision: The work in dispute is governed by the decision of record of November 11-23. 1907, and shall be assigned to Operating Engineers.
17. See Operative Plasterers and Cement Masons International Association, Local Union No. 21 (Universal Terrazzo & Tile Co.), 218 NLRB 512, 514 (1975).
36 MASONRY-SEPTEMBER/OCTOBER, 1982