Masonry Magazine January 1969 Page. 41
Association and the Laborers' International. This agreement provides: 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 in the tending of Masons including the unloading, erecting, dismantling, moving, and adjustment of scaffolds. We find that this jurisdictional clause is sufficiently broad to cover the work in dispute.
The Employer also contends that laborers can perform the disputed work more economically and efficiently than carpenters. In this respect, the record shows that scaffolding is erected as the masonry work progresses and that the time spent erecting scaffolding is minimal. Therefore, laborers assigned this work are also available to assist the masons, performing such tasks as stacking bricks and tending the mortar. The use of carpenters on scaffolding over 14 feet high would necessarily require that the Employer hire carpenters, there being none presently on its payroll, and would result in the accumulation of idle time and increased costs in the prosecution of the work. Accordingly, we find that economy and efficiency favors the assignment of laborers to perform the disputed work.
Other factors usually considered by the Board in jurisdictional dispute cases provide little assistance in determining the instant dispute. Neither of the Unions have been certified. The Joint Board Decision, relied upon by the Carpenters in support of its claim, is not binding upon the Employer, who is unwilling to abide by that Decision. Nor is the Decision itself, which is based upon one involving self-supporting scaffolding rendered in 1920, some 16 years before the appearances of tubular metal scaffolding, helpful in resolving this dispute. With respect to area and industry practice, the record shows only that carpenters are assigned the disputed work when general contractors perform it, whereas laborers are assigned the work when masonry contractors, who as in this case do not employ Carpenters, perform it. Further, the record does not show that skills peculiar to carpenters are required in the erection and dismantling of scaffolding or that laborers are not themselves qualified and competent to do the work.
In view of the foregoing, particularly the contract between the Masonry Contractors Association and the Laborers International, to which the Employer is bound, which expressly grants jurisdiction over the disputed work to employees represented by affiliates of the International, and the fact that the Employer bases its assignment on what it believes to be a more economical and sufficient assignment of work and desires no change, we find that the employees represented by the Laborers are entitled to the disputed work and we shall determine the dispute in their favor. In making this determination, we are assigning the disputed work to employees who are represented by the Laborers and not to the Laborers or its members. Our present determination is limited to the particular dispute which gave rise to this proceeding.
DETERMINATION OF DISPUTE
Pursuant to Section 10(k) of the National Labor Relations Act, as amended, and upon the basis of the foregoing findings and the entire record in this proceeding.
masonry January, 1969
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