Masonry Magazine February 1970 Page. 29
MCAA
information
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
179 NLRB No. 110
D-3368
Minneapolis, Minn.
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL-CIO, LOCAL NO. 7
and
DONALD FRANTZ CONCRETE CONSTRUCTION,
INC.
and
LABORERS UNION LOCAL NO. 563,
LABORERS INTERNATIONAL UNION OF
NORTH AMERICA, AFL-CIO
Case 18-CD-81
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 Donald Frantz Concrete Construction, Inc., herein called the Employer, alleging that United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local No. 7, herein called Local 7 or Respondent, had violated Section 8(b) (4) (D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the Employer to assign the work in dispute to Local 7 rather than to employees of the Employer represented by Laborers Union Local No. 563, Laborers International Union of North America, AFL-CIO, herein called Local 563. Pursuant to notice, a hearing was held before Hearing Officer Donald A. Romano on May 21 and 22, 1969. All parties appearing at the hearing were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues. Thereafter, the Employer filed a brief.
On June 30, 1969, the Regional Director filed a motion with the National Labor Relations Board to remand the proceeding to him so that he could quash the notice of hearing and dismiss the charge. Thereafter, the Employer stated its opposition to the motion. On August 19, 1969, the Board issued a Notice to Show Cause why the notice of hearing should not be quashed by the Board on the ground that all parties had agreed to be bound by a determination of the National Joint Board for Settlement of Jurisdictional Disputes in the Building and Construction Industry, herein called the Joint Board. Thereafter, the Employer filed a response thereto and the Respondent filed a reply to the Employer's response. The Bricklayers and Stone Masons Local No. 2 was served with a Notice of Hearing but did not enter an appearance. There is no evidence that it is seeking the work in dispute. For the reasons set forth herein, this motion is denied.
masonry
February, 1970
Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The rulings of the Hearing Officer made at the hearing are free from prejudicial error. Accordingly, they are hereby affirmed. Upon the entire record in this case, the Board makes the following findings:
I. The Business of the Company
Donald Frantz Concrete Construction, Inc. is a Minnesota corporation engaged in masonry and concrete work in the construction industry. The record reveals that during the past year the Employer purchased goods and materials valued in excess of $50,000 which were shipped directly from points outside Minnesota for use within Minnesota. We find that the Employer is engaged in commerce within the meaning of the Act, and that it will effectuate the purposes of the Act to assert jurisdiction herein.
II. The Labor Organizations Involved
The parties stipulated, and we find, that Local 7 and Local 563 are labor organizations within the meaning of the Act.
III. The Dispute
# A. Background and Facts of the Dispute
The Employer, on July 10, 1968, entered into a subcontract with the First Florida Corporation of Miami, a general contractor, to perform masonry work on a research laboratory building being constructed for the Pillsbury Company. The contract covers the erection of all masonry walls on a building whose height is 42 feet. The record establishes that to build the walls up to the height of 42 feet, the scaffolding must be 46 feet high.
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