Masonry Magazine October 1982 Page. 15
MCAA
Information...
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
262 NLRB No. 118
INTERNATIONAL UNION OF
OPERATING ENGINEERS,
LOCAL NO. 139
and
McWAD, INC.
and
D-8601
Wausau, WI
MARKET & JOHNSON, INCORPORATED
and
LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL 1359
LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL 1359
and
McWAD, INC.
and
MARKET & JOHNSON, INCORPORATED
and
INTERNATIONAL UNION OF
OPERATING ENGINEERS,
LOCAL NO. 139
CASES 30-CD-95
and 30-CD-97
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 McWad, Inc., herein called the Employer, alleging that International Union of Operating Engineers, Local No. 139, herein called the Operating Engineers, has 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 certain work to its members rather than to employees represented by Laborers International Union of North America Local 1359, herein called the Laborers. The Employer also filed a charge alleging that the Laborers 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 certain work to its members rather than to employees represented by the Operating Engineers.
Pursuant to notice, a hearing was held before Hearing Officer Sharon A. Gallagher on July 30 and on August 26, 1981. All parties appeared and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues. Thereafter, the Employer and the Operating Engineers filed briefs.
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.
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.
Upon the entire record in this proceeding. the Board makes the following findings:
I. The Business of the Employer
The parties stipulated, and we find, that the Employer, a Wisconsin corporation with its principal place of business in Wausau, Wisconsin, is engaged in the business of masonry contracting. During the past calendar year, a representative period, the Employer purchased and received goods and services from points located directly outside the State of Wisconsin valued in excess of $50,000. The parties also stipulated, and we find, that the Employer is an employer within the meaning of Section 2(2) of the Act, and that it is engaged in commerce within the meaning of Section 2(6) and (7) of the Act.
The parties stipulated, and we find, that Market & Johnson, Incorporated, a Wisconsin corporation with its principal place of business in Eau Claire, Wisconsin, is engaged in the business of general contracting. During the past fiscal year, a representative period, Market & Johnson purchased and received goods and services from points located directly outside the State of Wisconsin valued in excess of $50,000. The parties also stipulated, and we find, that Market & Johnson is an employer within the meaning of Section 2(2) of the Act, and that it is engaged in commerce within the meaning of Section 2(6) and (7) of the Act.
We further find 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 the Operating Engineers and the Laborers 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 is a member of the Mason Contractors Association of America, Inc., and is bound to the master collective-bargaining agreement between that organization and Laborers International Union of North America. In February 1961, the Employer entered into a subcontracting agreement with Market & Johnson, the general contractor for the construction of the Employer's Insurance of Wausau Training Center.