Masonry Magazine February 1985 Page. 37
# MCAA
# Information...
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
Case 1-CD-713
LABORERS LOCAL 223, LABORERS
INTERNATIONAL UNION OF NORTH AMERICA
(Anastasi Brothers Corporation)
Case 1-CD-714
LOCAL UNION 33, UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA
(Blount Brothers Corporation)
Case 1-CD-715
BOSTON DISTRICT COUNCIL OF CARPENTERS,
AFFILIATED WITH THE UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA
and
LOCAL UNION 218, UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA
(Volpe Construction Co., Inc. and G. J. Luchetti, Inc.)
and
ASSOCIATED GENERAL CONTRACTORS OF
MASSACHUSETTS, INC.
DECISION AND DETERMINATION OF DISPUTE
This is a consolidated proceeding under Section 10(k) of the National Labor Relations Act following the filing of charges in Case 1-CD-713 on 20 January 1984, amended on 8 February 1984, by Associated General Contractors of Massachusetts, Inc. (AGC) on behalf of Anastasi Brothers Corporation (Anastasi); the filing of charges in Case 1-CD-714 on 20 January 1984 by AGC on behalf of one of its member employers, Blount Brothers Corporation (Blount Brothers); and the filing of charges in Case 1-CD-715 on 8 February 1984, amended on 21 February 1984, by AGC on behalf of another of its member employers, Volpe Construction Company, Inc. (Volpe).
It is alleged in Case 1-CD-713 that Laborers Local 223, Laborers International Union of North America (Laborers Local 223), violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the involved Employer to assign certain work to employees represented by it rather than to employees represented by Local Union 33, United Brotherhood of Carpenters and Joiners of America (Carpenters Local 33).
In Case 1-CD-714, it is alleged that Carpenters Local 33 also violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the Employer therein to assign certain work to employees represented by Carpenters rather than to employees represented by Laborers.
It is alleged in Case 1-CD-715 that Boston District Council of Carpenters, affiliated with United Brotherhood of Carpenters and Joiners of America (Boston District Council of Carpenters), and Local Union 218, United Brotherhood of Carpenters and Joiners of America (Carpenters Local 218), violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the involved Employer to assign certain work to employees represented by Carpenters rather than to employees represented by Laborers.
The hearing was held before Hearing Officer Thomas J. Flynn on 9 and 30 April and 4 May 1984. 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. Briefs were filed on behalf of all parties to the proceeding.
The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.
The Board affirms the hearing officer's rulings, finding them free from prejudicial error. On the entire record, the Board makes the following findings.
I. Jurisdiction
AGC is an association representing employers engaged in the construction and related industries. Blount Brothers and Volpe are two of its members. Blount Brothers, a general contractor incorporated in Delaware, and Volpe, a general contractor in Massachusetts, annually received goods, products, and materials valued in excess of $50,000 directly from points located outside the States of Delaware and Massachusetts, respectively. Anastasi, a Pennsylvania corporation, and G. J. Luchetti, Inc. (Luchetti), a Massachusetts corporation, are both masonry subcontractors, and receive goods, products, and materials valued in excess of $50,000 directly from points located outside the States of Pennsylvania and Massachusetts, respectively. The parties stipulate, and we find, that the Employers are engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that Laborers and Carpenters are labor organizations within the meaning of Section 2(5) of the Act.
II. The Dispute
A. Background and Facts of Dispute
1. Cases 1-CD-713 and 1-CD-714
Blount Brothers is the general contractor for the Lafayette Place project, which involves a major hotel and retail area with approximately 300,000 square feet of retail space and a 600-room hotel located in downtown Boston, Massachusetts. Blount Broth-