Masonry Magazine August 1966 Page. 5
You And The
National Labor
Relations Board
by
Julius G. Serot
Assistant General Counsel
This address was presented by Mr. Serot at the open-session of MCAA's Annual Convention held in Washington, D.C. It covers a most important subject vital to every mason contractor.
The Labor Board first became concerned with Jurisdictional Disputes in 1947, when the Taft-Hartley Amendments to the Labor Relations Act was passed. Until then, the Board had no function, nothing to do with Jurisdictional Disputes. In 1947, when the amendments were enacted, two sections were added to the Act. Section 10-K and Section 8-B,4-D. Briefly, Section 8B4D makes it an unfair labor practice for a union to strike to force an employer to assign certain work to employees represented by that union, rather than to employees represented by another union. Section 10K provides a method whereby the Labor Board can resolve certain types of Jurisdictional Disputes.
I am sure most of you are aware of the way the Labor Board works. An Unfair Labor Charge is filed, investigation is conducted, if there is evidence that a union in an 8B4D situation has engaged in an unfair labor practice, that is to say, has engaged in a strike or has threatened an employer for the purpose of forcing the assignment of work, the General Counsel of the Board issues a notice of hearing under Section 10K of the Act.
Under the Act, under Section 10K, the Labor Board may not hold a hearing, may not determine a dispute if the parties involved the two unions and the employer are signatories to a voluntary method for the adjustment of the dispute. A voluntary method with which most of you are familiar is the National Joint Board for the Settlement of Jurisdictional Disputes. If all three parties are subject to the Joint Board, our Labor Board cannot hold a hearing, cannot make a determination as to the dispute. If one of the parties is not subject to the National Joint Board, our Labor Board can, and must hold a hearing, if there is evidence that an unfair labor practice has been committed.
Following a hearing, the Board makes an award. The unions have a certain number of days within which to notify our Board that they will comply with the award. If they do not comply with the award, the Board issues a complaint in an Unfair Labor Practice Case, which then goes to a hearing that ultimately results in a Board Order directing the union not to engage in strikes, and that ultimate Board Order finds it way to the United States Court of Appeals where it is enforced with the power of contempt.
There is one other section of the Act which plays a (Continued on page 7)