Masonry Magazine August 1985 Page. 21
Discussion:
The purpose of these proceedings is to determine the jurisdictional question of whether the Engineers or the Laborers have jurisdiction over forklift operation while tending masons on construction sites. That is the issue ordered to arbitration by Judge Evans in his decision and order of April 18, 1983, where at page 11 of his decision he states: "However, the issue which is appropriately submitted to the arbitrator is the proper assignment of the work at the Quality Inn job. If all parties agree, other job sites following Quality Inn can also be arbitrated."
Therefore, this tripartite arbitration is not the matter of the interpretation of a Collective Bargaining Agreement to determine whether or not a collective bargaining agreement has been violated. The purpose, then, is to finally determine in Area I which Union has jurisdiction over mason tending forklift operations.
The parties in their briefs have set forth criteria which they urge this Arbitrator to apply in determining the work assignments at issue here. ACEA relies on the criteria utilized by the National Labor Relations Board under Section 10 (k) of the NLRA. Those criteria are: 1) Employer assignment; 2) economy and efficiency: 3) Collective Bargaining Agreements; 4) area practice: 5) inter-union agreements and IJDB decisions; 6) relative skills; 7) job impact of the Award. (ACEA brief, page 21)
Engineers urge that the following criteria be utilized in determining the proper work assignment here: 1) the language of the respective collective bargaining agreements; 2) arbitration awards interpreting the specific language of the collective bargaining agreements; 3) assignment decisions rendered by other tribunals, including IJDB in similar disputes: 4) applicable inter-union agreements and resolutions; 5) the employers and area past practice: 6) relative skills of the employees represented by Operating Engineers and Laborers: 7) versatility, economy and efficiency of job performance. (Engineers brief, page 26)
Laborers in their initial brief argue to essentially the same criteria as set forth in the two preceding paragraphs, and in its reply brief support the Employer proposed criteria, where at page 5 they state: "Laborers particularly direct the arbitrator to employer exhibits 8. 9. 10 and 11 as examples of NLRB adjudication of strikingly similar cases upon the basis of multi-factor guidelines."
The undersigned has considered the criteria to be utilized in this matter, and concludes that the criteria relied on by the National Labor Relations Board in Section 10 (k) proceedings are appropriate to apply to the dispute in this instance. The criteria set forth are: 1) the collective bargaining agreements; 2) employer and area practice; 3) economy and efficiency of operation; 4) relative skills; 5) inter-union agreements: 6) impartial board determinations: 7) employer preference. It is these criteria that the undersigned will apply in making the ultimate determination in this matter.
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