Masonry Magazine August 1966 Page. 36
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CANTON 1, OHIO
36
You and the NLRB
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manner stipulated to the Joint Board, to supply it with information when one of the unions had submitted a dispute to it. The employer freely supplied the information to the Joint Board. He did not say he was stipulating himself to the Joint Board; he just supplied the requested information so the Joint Board could do whatever it could. The dispute wasn't settled, it came to our attention, we held a hearing, and the Board held that the mere furnishing of information in response to a demand by the Joint Board to help the Joint Board do whatever it could, was not tantamount to a stipulation by that employer to the Joint Board and we promptly made an award.
But, there's still another, a third situation, where the employer not only furnished the requested information (this too was a case where the employer was not stipulated to the Joint Board), but also when the Joint Board made an award, he appealed to the Joint Board to reconsider its decision and change it. That we thought, taking everything into consideration, was voluntary submission by an employer to the National Joint Board. We did not take the case to make a determination.
Now, just a few words, I know time is running out we're a little behind. Just a few words about what the Board, our Board looks for when it makes an award in a 10K hearing. The Board has said, basically, that it must apply common sense in making a determination and in applying common sense it looks to a number of factors which it feels will help it apply its common sense. These may be summed up briefly as these:
1. The Board looks to the employer's original assignment.
2. The Board looks to area practice.
3. The Board looks to industry practice, not only in the area.
4. The Board also looks to this employer's previous practice, not only on this job, but on other jobs.
Again, the Board also looks to efficiency of operation. If all other factors are equal, and the Board feels that it is more efficient and more economical for the employer to award the work to one union rather than to another, that factor may influence the Board's decision.
The Board also looks to whether the international unions have arrived at any agreements. Now, this isn't to say that any one of these factors is decisive in the Board's mind. But in evaluating who is entitled to work the Board necessarily must look at the history of the work, and one of the elements of that history is whether the international unions have agreed to certain assign
MASONRY . August, 196