Masonry Magazine August 1985 Page. 20
TRIPARTITE ARBITRATION
ation of all hoisting and portable engines on building and construction work where operated by steam, electricity, diesel, gasoline, hydraulic or compressed air, butane, propane or other gases and nuclear or atomic power. Pumps, siphons, pulsometers, concrete mixers (148 and over) and concrete pumps, street rollers, power shovels, trench hoes, pile driving rigs, cranes, clamshells, draglines, powered derricks, track or rubber sidebooms, cable ways, mounted or towed compactors, drills (track or wagon type), hoists, tuggers, forklifts, endloaders, dinky locomotives, mucking machines, concrete finishers (self propelled), asphalt plants and pavers, power jacks (slip-form work), boilers, heaters, boring machines (horizontal), concrete breakers, and tampers (self propelled), manhoists, generators, shouldering machines, trenchers, bulldozers, scrapers, motor patrols, well points, screeds (power propelled), welding machines, tower cranes, percussion drills, rotary drills, (except hand drills and/or jack-hammer), dredges, barges, tug boats, safety boats, work boats, floating equipment (marine), overhead cranes, conveyors and augers (concrete), chippers (brush & stump), winch trucks, A-frames, loading machines (power or self propelled), power brooms and sweepers (tractor mounted or towed), prestress machines, locomotives, winches (powered), and all equipment specified in Article VII, Section 7.1 (A).
Section 5.3 Jurisdictional Disputes: It is agreed by the parties hereto that in the event they are unable to settle jurisdictional disputes on a local level, they will submit the same to the Impartial Jurisdictional Disputes Board and abide by the decision of said Board.
Section 5.4 Acceptance of Decision: The Contractor agrees to make all work assignments in accordance with the terms of this Agreement and to maintain such assignments until and unless said assignment is reversed by a final decision of the Impartial Board.
The relevant provisions of the Local Laborers Agreement are found at Article 1, Article XI and Exhibit A, and read as follows:
ARTICLE 1. Geographical Jurisdiction & Definition of General Laborer.
This contract shall cover all general labor working on construction projects in Milwaukee, Waukesha, Washington and Ozaukee Counties. It shall cover all laborers working on the job site or in a contractor's yard when such yard work involves only supplies and materials which are to be incorporated directly into a construction project.
ARTICLE XI. General Rules.
30. When Mason Contractor employers covered by this Agreement require use of a forklift, it is to be manned by a member of this Union.
EXHIBIT A. Schedule of Wages and Job Classifications:
Building Classifications: Mortar Mixer & Forklift Operator
6-1-80 6-1-81
$11.33 $12.18
The relevant provisions of the Laborers International Union Contract are found at Article III and read as follows:
ARTICLE III. Union Recognition, Union Security, Jurisdiction.
Jurisdiction. The work jurisdiction covered by this Agreement when performed by members of the ASSOCIATION ("Employer") shall include that work which has been historically or traditionally or contractually assigned to members of the LABORERS INTERNATIONAL UNION OF NORTH AMERICA in the tending of Masons including unloading, mixing, handling, and conveying of all materials used by Masons by any mode or method: the unloading, erecting, dismantling, moving, and adjustment of scaffolds: the starting, stopping, fueling, oiling, cleaning, operating, and maintenance of all mixers, mortar pumps, and other devices under the direction of the Employer or his representative. Any dispute over work jurisdiction will be referred to the International Union and the Employer Association for decision, which decision shall be final and binding on all parties.
On September 30, 1980, the Engineers filed a grievance, alleging that Dentinger had improperly assigned forklift work to the Laborers Union, in violation of the Engineers Contract. Contemporaneous with the grievance, the Engineers initiated jurisdictional dispute proceedings, and on November 20, 1980, the International Jurisdictional Disputes Board considered the dispute at a meeting attended by the International Unic Union of Operating Engineers, Laborers International Union of North America, and Dentinger. On November 21, 1980, the Impartial Jurisdictional Disputes Board rendered a decision which read as follows:
At its meeting November 20, 1980 the Impartial Jurisdictional Disputes Board considered the jurisdictional dispute between the International Union of Operating Engineers and the Laborers International Union of North America over the operation of forklifts, Racine Shopping Mall project, Racine, Wisconsin, Law Construction Company contractor, Bill Dentinger, Inc. subcontractor.
The Board voted to make the following job decision: The work in dispute is governed by the decision of record of November 11-23, 1907. However, because the work in dispute is substantially complete, there is no requirement that the contractor change the assignment.
This action of the Board was predicated upon particular facts and evidence before it regarding this dispute and shall be effective on this particular job only.
Judge Evans, in his decision and order of August 3, 1983, found that the 1907 decision referred to in the foregoing paragraph held that the disputed work should be assigned to the Operating Engineers.
Upon receipt of the decision from the Impartial Jurisdictional Disputes Board, the Engineers asserted that they were entitled to back pay and fringe benefits for work performed by Laborers on the Racine Mall job. The Company disagreed, the parties were unable to resolve the dispute, and the joint committee in the grievance procedure deadlocked on the issue, the Union thereafter demanding bipartite arbitration. The ACEA refused to proceed to arbitration.
On April 20, 1981, the Engineers filed a grievance, alleging that Dentinger had improperly assigned the forklift operations at a Quality Inn job site in Waukesha, Wisconsin, to Laborers, rather than to Engineers. Dentinger responded to the grievance by stating that a meeting should be set up and that Local Laborers Union should be invited to attend. Prior to April 20, 1981, the International Jurisdictional Disputes Board had ceased functioning and was no longer making jurisdictional decisions and, therefore, it was not possible to proceed before that Board.
On September 14, 1981, the Engineers filed another grievance, alleging that Dentinger had had improperly assigned forklift work to Laborers on a job at North Shore Savings & Loan, Brookfield, Wisconsin.
On September 18, 1981, the Engineers filed still another grievance alleging that Dentinger had improperly assigned forklift work to Laborers on the Garfield Park Senior Citizens in Milwaukee.
A joint committee meeting was held on October 7, 1981, and all of the foregoing grievances were discussed. The joint committee was unable to resolve the grievances. The Engineers demanded arbitration of these disputes. The ACEA refused to proceed to bipartite arbitration, taking the position that the Laborers should be involved in the resolution of the dispute.
In the proceedings before Judge Evans, the parties all consented to a form of arbitration, and Judge Evans in his decision and order of April 18, 1983, ordered the instant tripartite arbitration to the dispute.