Masonry Magazine January 1969 Page. 40
BIL-JAX PRESENTS...
3 Great
COST-CUTTERS
for CONTRACTORS
SAFE SERVICE-FREE RIGHT-PRICED
1. STEEL SCAFFOLDING and ACCESSORIES
2. MATERIAL HOIST TOWERS 3. CONCRETE SHORING
You can count on getting that construction job done in the shortest time in greatest safety at lowest cost, with Bil-Jax scaffolds and equipment.
Ask for Catalog!
40
SALES & RENTAL OUTLETS
THROUGHOUT U.S. AND
CANADA
BIL-JAX IS DISTRIBUTED IN
NEW ENGLAND BY
LEE EQUIPMENT CO.
33 Island St., Boston, Mass. 02119
Phone (617) 442-4210
BIL-JAX, INC.
ARCHBOLD, OHIO 43502
HOIST TOWERS CATWALKS SWING STAGES SHORING
The scaffolding is placed upon one another to obtain a structure of the desired height, the scaffolding is tied into the wall under the construction. As the Employer user uses 4-foot and 6-foot scaffolds, structures are tied in when they exceed 8 or 12 feet in height although occasionally they may reach 18 feet before they are secured. The scaffolding is tied in by means of wire which is embedded in the mortar as the brick work proceeds. Later, the two ends of the wire, which extend from the face of the wall, are twisted together around the scaffolding. Levelling is accomplished simply by following the brick work. A brick-layer foreman occasionally checks the work.
The Carpenters claim only that work involving the erection and dismantling of scaffolding over 14 feet high.
C. The contentions of the parties
The Employer contends that assignment of the disputed work to laborers is required by the contract between the Mason Contractors Association of America, in which the Employer holds membership, and the Laborers' International Union of North America, with which Local 1238 is affiliated. The Employer also relies on the local and nationwide custom and practice of other masonry contractors. The Employer contends further that greater economy and efficiency in its operation is achieved where laborers, who are otherwise employed to assist the bricklayers, are also employed in performing the disputed work.
In support of its claim, the Carpenters rely upon the Joint Board Decision of June 18, 1968, notwithstanding the Employer's claim that it is not bound thereby. Alternatively, the Carpenters contends that the practice of general contractors in the Iowa City area favors assignment of the disputed work to carpenters, whose superior skills make them more suitable for the kind of work involved.
The Laborers, also claiming the disputed work, indicates that it will not comply with the Joint Board Decision as the Employer was not a party to that proceeding.
4. The applicability of the Statute
The charge, which was duly investigated by the Regional Director, alleges a violation of Section 8(b)(4)(ii)(D) of the Act. The Regional Director was satisfied upon the basis of such investigation that there was reasonable cause to believe that a violation had been committed and therefore directed that a hearing be held in accordance with Section 10(k) of the Act. On the basis of the entire record, including the Carpenters' threat to picket the jobsite if laborers continued to perform the disputed work, we find that there is reasonable cause to believe that a violation of the Act has occurred and that the dispute is properly before the Board for determination.
5. The merits of the dispute
Section 10(k) of the Act requires that the Board make an affirmative award of disputed work after giving due consideration to various relevant factors, and the Board has held that its determination in a jurisdictional dispute case is an act of judgment based upon common sense and experience and a balancing of such factors.
As previously stated, the Employer bases its assignment of the disputed work, upon, among other things, the current agreement between the Masonry Contractors N.L.R.B. v. Radio and Television Broadcasting Engineers Union, Local 1212, IBEW (Columbia Broadcasting System), 364 U.S. 575. International Association of Machinists, Lodge No. 1743 (J. A. Jones Construction Company), 155 NLRB 1402.
masonry January, 1969