Masonry Magazine January 1972 Page. 8
MCAA
information
UNITED STATES OF AMERICA
BEFORE THE
NATIONAL LABOR RELATIONS BOARD
194 NLRB No. 78
D-5769
Oxnard, Calif.
SOUTHERN CALIFORNIA DISTRICT COUNCIL
OF LABORERS AND LABORERS INTERNATIONAL
UNION OF NORTH AMERICA, LOCAL 585
and
ERNEST W. HAHN, INC.
and
VENTURA COUNTY DISTRICT COUNCIL OF
CARPENTERS AND CARPENTERS LOCAL 2463
Case-31-CD-35
Supplemental Decision and Determination of Dispute
On December 16, 1969, the National Labor Relations Board issued a Decision and Order in the above-entitled proceeding, finding that, by threatening, coercing, or restraining Ernest W. Hahn, Inc., with an object of forcing Hahn and/or Masonry Builders, Inc., to assign certain disputed work to employees represented by Respondent Laborers rather than to employees represented by the Carpenters Union, the Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of Section 8(b) (4) (ii) (D) of the National Labor Relations Act, as amended. The Board ordered that Respondent cease and desist therefrom and take certain affirmative action to remedy such unfair labor practices. In so finding, the Board reasoned that all parties to the jurisdictional dispute had agreed to be bound by the determination of the National Joint Board for Settlement of Jurisdictional Disputes, Building and Construction Industry, herein called the Joint Board, and therefore the Board accepted the Joint Board's determination without making an independent determination pursuant to Section 10(k) of the Act.
Subsequently, the Board filed an application for enforcement of its Order with the United States Court of Appeals for the Ninth Circuit and the Respondent filed an answer thereto.
On May 24, 1971, the United States Court of Appeals for the Ninth Circuit entered an Opinion, concluding that Masonry Builders, Inc., the Employer controlling assignment of the disputed work, had not agreed to be bound by the Joint Board's determination. The court therefore denied enforcement of the Board's Order, and remanded the case for a hearing under Section 10(k) of the Act and for further proceedings consistent with the court's views.
On August 4, 1971, pursuant to the court's remand, the Board issued its Order Remanding Proceeding to the Regional Director in which it reopened the record for issuance of a notice of 10(k) hearing. Pursuant to due notice a hearing was held before Hearing Officer Robert G. Mayberry on August 24, 1971, at Los Angeles, California. Southern California District Council of Laborers and Laborers International Union of North America, Local 585, hereinafter called Laborers, and California Conference of Mason Contractors Associations, Inc., and Masonry Builders, Inc., hereinafter called Masonry, appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing upon the issues. Statements of positions contained in letters have been filed by attorneys representing the Laborers and Carpenters.
Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.
Upon the entire record in this case, the Board makes the following findings:
I. The Business of the Employer
Ernest W. Hahn, Inc. (Hahn), a general contractor, and its subcontractor Masonry Builders Inc. (Masonry), are California corporations engaged in the construction of the Esplanade Mall project in Oxnard, California. The Employers herein are engaged in interstate commerce or in operations affecting commerce.
II. The Labor Organizations Involved
Southern California District Council of Laborers and Laborers International Union of North America, Local 585, and Ventura County District Council of Carpenters and Carpenters Local 2463 are labor organizations within the meaning of the Act.
A. The Dispute-Facts
Ernest W. Hahn, Inc., is the general contractor for certain construction work at a project known as the Esplanade Mall in Oxnard, California. Hahn subcontracted certain masonry work to Masonry Builders. Masonry Builders has a collective-bargaining agreement with Laborers. Pursuant to this collective-bargaining agreement, Masonry assigned the scaffolding work under its subcontract to laborers. Hahn is signatory through Associated General Contractors to an agreement with both the Carpenters and Laborers.
On two occasions prior to a Joint Board award of the disputed work to Carpenters, Carpenters made known its claims to scaffolding work erected to a height of 14 feet, indicated that attempt to resolve the dispute with the Laborers had been fruitless, and indicated its intention to submit the matter to the Joint Board. A representative of Respondent Local 585 was present on those two occasions when the Carpenters made known its claim. On February 19, 1969, the Joint Board served notice on Hahn and Masonry Builders that the dispute had been submitted to it, and on March 7, 1969, the Joint Board
masonry • January, 1972