Masonry Magazine June 1985 Page. 21
MCAA
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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NLRB Awards Forklift Operation to
Laborers Over Claims of Operating
Engineers
Case 18-CD-286-1
LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA, AFL-CIO GENERAL
LABORERS' UNION LOCAL No. 317
and
MCWAD INCORPORATED
and
LOCAL No. 139 OF THE INTERNATIONAL
UNION OF OPERATING ENGINEERS
DECISION AND DETERMINATION OF DISPUTE
The charge in this section 10(k) proceeding was filed 10 September 1984 by the Employer, alleging that the Respondent. Laborers' International Union of North America, AFL-CIO, General Laborers' Union Local No. 317 (Laborers), violated Section 8(b)(4)(D) of the National Labor Relations Act by engaging in proscribed activity with an object of forcing the Employer to assign certain work to employees it represents rather to the employees represented by Local No. 139 of the International Union of Operating Engineers (Operating Engineers). The hearing was held 3 October 1984 before the Hearing Officer William Y. Kim.
The Board affirms the hearing officer's rulings, finding them free from prejudicial error. On the entire record, the Board makes the following findings.
1. Jurisdiction
The Employer. a Wisconsin corporation, is engaged in the business of masonry contracting with its principal place of business in Wausau, Wisconsin. During the past calendar year, a representative period, the Employer purchased and received goods and services valued in excess of $50,000 from points located directly outside the State of Wisconsin. The parties stipulate, and we find, that the Employer is engaged in commerce within the meaning of Section 2(6) and and (7) of the Act and that the Laborers and the Operating Engineers are labor organizations within the meaning of Section 2(5) of the Act.
The contract which was introduced into evidence expired on April 30, 1984. However, testimony by Victor Wadzinski, the Employer's president, established that he failed to give timely notice of a desire to change or cancel the agreement and, as a result, by its terms the contract was automatically extended for another year. The Employer was therefore bound to its terms for another year.
All dates hereafter are 1984 unless otherwise noted.
II. The Dispute
# A. Background and Facts of Dispute
The record discloses that the Employer, the subcontractor herein, is bound to a collective-bargaining agreement between the Chippewa Valley Contractors Association of Eau Claire and Area and General Laborers' Union Local No. 317. An addendum to that agreement executed by the Employer on 21 August 1981 guarantees the work of operating forklifts, highlifts, and Bobcats to general laborers union members.
Oscar J. Boldt Construction, the general contractor herein, is a member of the Wisconsin Chapter, Associated Contractors of America, Inc., which is a party to a master agreement, known as the AREA II Agreement, with the Operating Engineers. Boldt is also bound to a collective-bargaining agreement between the Chippewa Valley Contractors Association of Eau Claire Area and the General Laborers' Union Local No. 317.
On 13 October 1983, the Employer and Boldt entered into a subcontracting agreement in which the Employer agreed to perform the masonry work at the Memorial Student Center. University of Wisconsin-Stout in Menomonie, Wisconsin. That document contains a provision requiring the Employer to "supply only labor and/or materials which will not cause labor disputes in the overall performance of contractor's work" and requires the Employer to take immediate steps to resolve any disputes that arise.
The Employer began performing the work in May 1984 and initially assigned to employees represented by the Laborers the disputed work of operating forklifts. The evidence indicates that in October 1983, prior to or simultaneous with the beginning of work on the Stout project, an initial meeting was held between Boldt and the Operating Engineers. Operating Engineers vice president Dale Stubbe informed Boldt that there would be a problem with the Employer's assignment of the forklift operation to employees represented by the Laborers. Boldt's representatives, Dennis Moyer and Steve Chavlovich, met with the Employer on 23 July to discuss the problem and informed Victor Wadzinski, the Employer's president, that in the event the Operating Engineers filed a grievance, the Employer would be responsible for resolving the dispute. On 26 July the Operating Engineers filed a grievance with Boldt, alleging that Boldt has violated the Area II agreement by entering into a subcontracting arrangement with the Employer.
On 31 July Chavlovich sent a letter to Wadzinski, advising him of the filing of the grievance and reminding him of his obligation to resolve the dispute quickly. On 29 August Moyer sent a letter to Wadzinski, suggesting alternative methods of resolving the dispute and stating that the Employer would be held responsible for any monetary penalties or assessments levied against Boldt as a result of the dispute. On 6 August Wadzinksi discussed the situation with Laborers business manager James Griglak and by letter to the Employer dated 7 August. Griglak threatened that if the disputed work were assigned to employees represented by
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