Masonry Magazine January 1969 Page. 39
MCAA
information
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
173 NLRB No. 184
D-1505
lowa City, lowa
CARPENTERS UNION LOCAL 1260, AFL-CIO
and
SEEDORFF MASONRY, INC.
and
CONSTRUCTION AND GENERAL LABORERS
LOCAL 1238, AFL-CIO
Case 18-CD-71
Decision and Determination of Dispute
This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following a charge filed by Seedorff Masonry, Inc., herein called the Employer, alleging a violation of Section 8(b)(4)(ii)(D) of the Act by Carpenters Union Local 1260, AFL-CIO, herein called the Carpenters. Pursuant to notice, a hearing was held on August 7, 1968, before Kenneth W. Haan, Hearing Officer. The Employer, the Carpenters, and Construction and General Laborers Local 1238, herein called the Laborers or Local 1238, appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing bearing on the issues. The rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed. Thereafter, the Employer and the Carpenters filed briefs which have been duly considered by the National Labor Relations Board.
Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel.
Upon the entire record in this case, the Board makes the following findings:
# The business of the Employer
The parties stipulated, and we find, that the Employer, a masonry contractor with a place of business at Strawberry Point, Iowa, has, during the past 12 months, received a gross revenue in excess of $500,000 from the sale of goods and services. In the same period, the Employer has purchased materials valued in excess of $50,000 which were shipped directly to the Employer from points outside the State of Iowa.
masonry
January, 1969
We find that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein.
# The labor organizations involved
The parties stipulated, and we find, that the Carpenters and the Laborers are labor organizations within the meaning of Section 2(5) of the Act.
# The dispute
Background
On December 11, 1967, the Employer was awarded a subcontract calling for certain masonry work incidental to the construction of a hospital parking ramp at the University of Iowa, Iowa City, Iowa, by Renderknecht Construction Company, the general contractor.
The Employer began work on the project using bricklayers and laborers. In addition to their other duties, laborers, who are represented by Local 1238, were assigned the job of erecting and dismantling all-metal tubular scaffolding used in the prosecution of the work.
When Thomas Verry, Business Agent of the Carpenters, was informed of the Employer's aforementioned work assignment, he took action culminating in a decision of the National Joint Board for Settlement of Jurisdictional Disputes. This decision, dated June 18, 1968, assigned to carpenters the work of erecting and dismantling scaffolding over 14 feet high at the project here involved.
On June 24, Verry telephoned George Branstetter, Rinderknecht's supervising engineer, and warned him that unless work was assigned in accordance with the Joint Board decision, he would be forced to picket the job. Verry also visited the jobsite and made essentially the same statements to Max Gallagher, Rinderknecht's job superintendent and Ronald Olsen, the Employer's foreman on the project. However, no picketing or work stoppages occurred, notwithstanding the fact that laborers continued to perform the disputed work.
The work in dispute
The dispute which gives rise to this proceeding involves the work of erecting and dismantling all-metal tubular scaffolding used to support the Employer's bricklayers and laborers and their required building materials, tools, and equipment. Some of this scaffolding is self-supporting. However, when more than two scaffolds are