Masonry Magazine July 1969 Page. 6
MCAA
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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
177 NLRB No. 36
D-3082
Auburndale, Mass.
NEWTON, MASSACHUSETTS DISTRICT
COUNCIL, UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF
AMERICA, AFL-CIO
and
PORRAZZO AND HURLEY CO., INC.
and
LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA, LOCAL 560, AFL-CIO
Case 1-CD-184
Decision and Determination of Dispute
This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following charges filed by Porrazzo and Hurley Co., Inc., herein called the Employer, alleging that Nev Newton, Massachusetts District Council, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, herein called Carpenters District Council, has violated Section 8(b) (4) (D) of the Act. A duly scheduled hearing was held before Hearing Officer S. Anthony diCiero on March 26, April 1, 3, 7, 8, 10, and 16, 1969.
Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with the case to a three-member panel.
All parties, including Laborer's International Union of North America, Local 560, AFL-CIO, appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence on the issues.
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 District Council and the Employer, the Board makes the following findings:
I. The Business of the Employer
Porrazzo and Hurley Co., Inc., a Massachusetts corporation with its principal office and place of business in Newtonville, Massachusetts, is engaged in the erection of masonry as a masonry contractor in the building and construction industry in various parts of the Commonwealth of Massachusetts. During the past 12 months Porrazzo and Hurley Co., Inc., has purchased and received goods from outside the Commonwealth of Massachusetts 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, the Carpenters District Council and Laborers International Union of North America, Local 560, AFL-CIO, herein referred to as Laborers Local 560, 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 has a prime contract with the Marriott Corporation for the construction of exterior masonry on the Boston-Marriott Hotel site in Auburndale, Massachusetts. The Employer is a member of the Masonry Contractors Association which has a collective-bargaining agreement with the Laborers International Union, which provides:
The work jurisdiction covered by this Agreement when performed by members of the ASSOCIATION ("Employer") shall include the 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.
The Employer, pursuant to said agreement, employs members of Laborers Local 560 to erect, move and disassemble metal tubular scaffolding at the above-mentioned hotel, as well as elsewhere. This agreement does not provide that the signatories submit jurisdictional disputes to the National Joint Board for the Settlement of Jurisdictional Disputes or abide by its decisions. The Employer has no collective-bargaining agreement with Carpenters District Council.
David J. Porrazzo, president of the Employer, testified that in October 1968, he met Carpenters District
masonry • July, 1969