Masonry Magazine January 1974 Page. 46
MCAA Information
(Continued from page 45)
dispute pursuant to Section 10(k) of the Act, it must be satisfied that (1) there is reasonable cause to believe that Section 8(b) (4) (D) has been violated, and (2) the parties have not agreed upon methods for the voluntary adjustment of the dispute.
As to (1) above, the parties stipulated that on March 5, 1973, Iron Workers made a demand upon the Employer to re-assign the work in dispute to ironworkers, and that thereafter on March 9, 10, and 12, Iron Workers picketed the jobsite. Based on the foregoing and the record as a whole, we find reasonable cause to believe that an object of the Iron Workers picketing was to force or require the Employer to assign the disputed work to employees represented by Iron Workers.
Accordingly, we find that reasonable cause exists to believe that the picketing of Iron Workers violated Section 8(b)(4)(D) of the Act.
With respect to (2) above, following the close of the hearing, Iron Workers proffered two exhibits: one showing that the Employer had designated the Houston Chapter of the Associated General Contractors, herein called the Houston Chapter, as its negotiating representative for jobsite labor agreements with Iron Workers; and the other showing that Iron Workers and Bricklayers were bound to the Joint Board procedures by their
Bricklayers & Stonemasons Union Local No. 3 of Arizona (Concrete Erection), 195 NLRB 232.
"At the hearing the Employer denied having designated the Houston Chapter as its bargaining representative and Iron Workers' motion was based on newly discovered evidence contradicting the denial.
We note that the National Joint Board for the Settlement of Jurisdictional Disputes was terminated on September 30, 1969. Thereafter an Interim agreement between the Building and Construction Trades Department, AFL-CIO and certain contractors' associations extended the Joint Board procedure until February 28, 1970, On April 3, 1970, a new National Joint Board for Settlement of Jurisdictional Disputes (hereinafter called the second Joint Board) was established. On June 1, 1973, a third Joint Board, the New Impartial Jurisdictional Disputes Board, hereinafter called the New Impartial Joint Board, came into existence.
membership in the AFL-CIO Building and Construction Trades Department.
In response to our Notice To Show Cause, the Employer now stipulates that on February 23, 1972, it did in fact designate the Houston Chapter as its collective-bargaining representative to negotiate jobsite labor agreements with Iron Workers, and that on April 1, 1972, the Houston Chapter and Iron Workers executed a collective-bargaining agreement which provides in relevant part:
CRAFT JURISDICTION
The work of Ironworkers and other labor that the Union may lawfully represent shall be all work recognized as such by the Building and Construction Trades Department, AFL-CIO, and the National Joint Board for the Settlement of Jurisdictional Disputes.
Procedural Rules and Regulations of the National Joint Board for the Settlement of Jurisdictional Disputes of the Building and Construction Trades Department AFL -CIO shall be considered a part of this Agreement as though set forth at length. Contractors subletting work shall stipulate that subcontractor be bound by the above named procedural rules.
In the event a jurisdictional dispute shall arise, such dispute shall be settled in accordance with the practice of the Building and Construction Trades Department AFL CIO, and the National Joint Board for the Settlement of Jurisdictional Disputes, or any agency established by law or mutual agreement to settle such disputes. There will be no stoppage of work because of a jurisdictional dispute [Emphasis supplied.]
Respondent urges that the foregoing contractual provision binds the Employer to the National Joint Board procedures. We disagree.
The parties' contractual language, written in the disjunctive, provides that any jurisdictional juri dispute arising between the parties can be submitted either to the Joint Board or to other
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