Masonry Magazine January 1969 Page.33
MCAA
information
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
179 NLRB No. 36
D-3268
Columbus, Ohio
UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA,
LOCAL No. 200, AFL-CIO
and
PAGURA MASONRY CONTRACTORS, INC.
and
LABORERS INTERNATIONAL UNION OF
NORTH AMERICA, LOCAL No. 423, AFL-CIO
Case 9-CD-154
Decision and Determination of Dispute
This is a proceeding pursuant to Section 10(k) of the National Labor Relations Act, as amended, following charges filed by Pagura Masonry Contractors, Inc., herein called Pagura Masonry or the Employer, alleging that United Brotherhood of Carpenters and Joiners of America, Local No. 200, AFL-CIO, herein called Carpenters, Local 200, has violated Section 8(b)(4)(D) of the Act. A duly scheduled hearing was held before Hearing Officer William C. Mittendorf on May 28, June 12, and July 3, 1969. The Employer, Carpenters Local 200 and Local No. 423, International Union of Laborers of North America, AFL-CIO, hereinafter called Laborers, appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues.
Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel.
The Board has reviewed the rulings of the Hearing Officer made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed.
Upon the entire record in this case, including the briefs of Carpenters Local 200, Laborers Local 423 and the Employer, the Board makes the following findings:¹
Carpenters Local 200's Motion to Quash the Notice of Hearing is denied for the reasons hereinafter stated.
The Mason Contractors Association of America was granted permimion to file an amicus Curice brief which has also been considered.
179 NLRB No. 36
masonry
Nov./Dec., 1969
I. The Business of the Employer
Pagura Masonry Contractors, Inc., an Ohio corporation with its principal office and place of business in Columbus, Ohio, is engaged in the erection of masonry as a masonry contractor in the building and construction industry in various parts of the State of Ohio. During the past 12 months Pagura Masonry Contractors, Inc. has purchased and received goods from outside the State of Ohio valued in excess of $50,000. The parties agree, and we find, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and it will effectuate the policies of the Act to assert jurisdiction herein.
II. The Labor Organization Involved
The parties stipulated, and we find, that Carpenters Local 200 and Laborers International Union of North America, Local No. 423, AFL-CIO, are labor organizations within the meaning of Section 2(5) of the Act.
III. The Dispute
# A. Background and Facts of the Dispute
The Employer had a subcontract with Cunningham-Limp Co., the prime contractor, in November 1968, to perform the masonry work at the DeSoto Chemical Co. plant located at New World Drive and Watkins Drive in Columbus, Ohio. The Employer is a member of the Masonry Contractors Association of Columbus, Ohio, which in turn is affiliated with a national association, the Masonry Contractors Association of America. The national association has a collective-bargaining agreement with the Laborers' International Union to which the Columbus Association and the Employer are parties. This agreement provides, in pertinent part, as follows:
The work jurisdiction covered by this Agreement when performed by members of the ASSOCIATION (Employer) shall include the work which has 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 adjustments of scaffolds.
The Employer, pursuant to his agreement with the Laborers, employed members of Local 423 to erect, move, dismantle, and adjust metal tubular scaffolding at the above-mentioned plant.