Masonry Magazine October 1982 Page. 13
Signed the forklift work in any manner inconsistent with the current assignment to employees represented by the Laborers. On September 2, the Employer filed 8(b)(4)(D) charges against both the Engineers and the Laborers.
On September 14, the Engineers requested a hearing before the Joint Conference Board, herein called JCB, which is described below, regarding the Employer's assignment of the disputed forklift operation to employees represented by the Laborers. The Employer refused to participate in the scheduled hearing, and sent a mailgram to the secretary of the JCB advising that "[the Employer] is not stipulated to the JCB for settlement of jurisdictional disputes and is not bound to any of its decisions." The JCB awarded the work to employees represented by the Engineers.
With respect to whether there is, in fact, an agreed-upon method to resolve this dispute, the record indicates that the Employer is signatory to a 1965 Memorandum of Agreement with the Engineers, pursuant to which both parties agreed to adopt the then-existing collective-bargaining agreement between the Engineers and the Building Association of Chicago (BAC). The Memorandum of Agreement also provides for the adoption of any agreement entered into between the Engineers and the BAC unless notice of termination or amendment is provided in the manner specified. No such notice has ever been given.
BAC is an affiliate of the Building Construction Employers' Association of Chicago (CEA). In an agreement known as the "Standard Agreement," the CEA and the Chicago and Cook County
According to the record, representatives of the Laborers and the Engineers appeared at the October 7 hearing conducted by the JCB. Joseph DeRose, business manager for the Laborers, allegedly admitted at that hearing that the Laborers contends that its representatives objected specifically to the jurisdiction over the matter at that hearing, and that the Laborers now has no intention of complying with the JCB's determination.
The JCB decision issued before the hearing closed in this case.
The purported Laborers' representative sitting on the JCB in actuality is the secretary-treasurer of the Construction and General Laborers' District Council of Chicago and Vicinity.
Building and Construction Trades' Council (BCTC) formed the JCB. The declared purpose of the JCB is to act as mediator in disputes arising at jobsites in Cook County, Illinois, where the Mount Prospect project is located, concerning trade agreements between unions and associations affiliated with the CEA and the BCTC.
The Engineers alleges that the Laborers is also subject to the terms of the Standard Agreement as a result of its affiliation with the Chicago Building Trades Council (CBTC). The Engineers is a member of the CBTC, while the Laborers is an affiliate of the Construction and General Laborers' District Council of Chicago and Vicinity, which itself is a member of the CBTC. CBTC's by-laws provide that all jurisdictional work disputes between affiliates of the CBTC shall be resolved in accordance with the Standard Agreement. Additionally, the Engineers alleges in its brief to the Board that both the Engineers and the Laborers have representatives sitting on the JCB.
There is also in effect, however, a collective-bargaining agreement between the Laborers' International Union of North America and the Mason Contractors Association of America (MCAA), of which the Employer is an admitted member. That agreement provides that all work jurisdiction disputes are to be referred to the International Union and the MCAA for resolution. In addition, this agreement provides specifically that the provision for jurisdictional work disputes resolution is exclusive and that it supersedes any other procedure outlined in any agreement between a member of the MCAA and any local union.
B. The Work in Dispute
The work in dispute involves the operation of a forklift which transports and hoists masonry materials and erects scaffolding in aid of bricklayers employed by the Employer at the apartment construction project at 900 East Centennial Drive in Mount Prospect, Illinois.
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MASONRY-SEPTEMBER/OCTOBER, 1982 13