Masonry Magazine April 1987 Page. 33
Through its membership in the Mason Contractors Association of America, Inc., the Employer is bound to the master collective-bargaining agreement between that organization and the Laborers' International Union of North America. Article V of that agreement provides, in pertinent part:
Work Jurisdiction. The work jurisdiction covered by this Agreement when performed by members of the ASSOCIATION ("Employer") shall include that work which has been historically or traditionally or contractually assigned to members of the Laborers' International Union of North America including, but not limited to, the tending of masons, unloading, mixing and handling of all materials. Conveying of such materials by any mode or method...
The Employer is also party to the local Laborers' collective-bargaining agreement which as discussed above sets forth specific jurisdictional claims for mason-tending forklift work. In view of the broad language of the local and master collective-bargaining agreements between the Laborers and the Employer, we find that the factor of the collective-bargaining agreements favors an award of the work in dispute to employees represented by the Laborers.
2. Employer preference and past practice
The record reflects that on over 40 masonry subcontracting jobs it performed over the past 5 years, the Employer has employed only employees represented by the Laborers to man forklifts. In view of this established practice of assigning the work of operating forklifts in connection with masonry work to employees represented by the Laborers, we find the factor of employer practice favors an assignment of the disputed work to employees represented by the Laborers.
Dennis Krall testified that it is the Employer's preference that the disputed work be performed by laborers. Consequently, we also find that the factor of employer preference favors an award to employees represented by the Laborers.
"See fn. 5. The local Laborers' agreement also expressly contains a wage rate at sec. 5.3 for "Forklift Operator."
"Area 1 and Area 2 together comprise the entire State of Wisconsin.
3. Area practice
Laborers International Representative Al Milak testified that 70-90 percent of the general contractors in Area 1 and 90 percent in Area 2 subcontract masonry work to masonry contractors. Milak further testified that of the masonry work subcontracted to masonry contractors, laborers perform approximately 70 percent of the mason-tending forklift work in Area 1 and 90 percent in Area 2. Laborers Local 1359 Business Manager Dennis Henrichs testified that in Local 1359's jurisdiction, with respect to all the jobs on which there have been masonry subcontractors, laborers have been assigned 95 percent of the mason-tending forklift work. Local 1359 submitted into evidence a list of 47 masonry subcontracting jobs completed by the Employer in the past 5 years. Henrichs testified that all of the mason-tending forklift work performed on those jobs was performed by laborers represented by Local 1359. Local 1359 also submitted a list of masonry jobs performed by mason contractor Kluz and Elmer, Inc. Henrichs testified that within Local 1359's jurisdiction together the Employer and Kluz and Elmer handle 75 percent of the masonry contracting work. The Kluz and Elmer list indicates that since the business began in 1957 the company has never had anyone other than laborers operate its forklifts.
The Employer submitted pages out of a regional telephone directory listing the masonry contractors for Wausau and a 50-mile surrounding area, and for the Wausau and Marshfield, Wisconsin areas. Dennis Krall testified that all of the masonry contractors listed employed laborers to run their forklifts. Krall further testified that approximately 90 percent of the masonry work in the areas covered was subcontracted to masonry contractors rather than performed by general contractors. Fluor Representative Jerry Henry testified that in Wausau and the surrounding area laborers have consistently performed mason-tending forklift work. Henry testified he was not aware of any masonry subcontractors in that area that have labor agreements with Operating Engineers. Henry testified that only 5 percent of masonry work is performed by general contractors in the area; the remainder of the work is subcontracted to masonry contractors who use laborers on their
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MASONRY-MARCH/APRIL, 1987 33