Masonry Magazine February 1986 Page. 46
NLRB DECISION
Area and industry practice
The evidence shows that the consistent practice of masonry and scaffolding contractors in the Massachusetts area has been to assign the work of erecting and dismantling scaffolding to employees represented by Laborers. Testimony presented at the hearing in Anastasi Bros., supra, and incorporated into the record in the instant case shows that it is standard practice for laborers to erect pipe scaffolding in the Boston area.
Economy and efficiency of operations
Evidence presented at the hearing in Anastasi Bros., supra, indicates that in addition to the erection and dismantling of pipe scaffolding, laborers perform other tasks involving masonry construction. These other tasks consist of (1) manually unloading various materials involved in masonry work such as cement, lime, and tools; (2) carrying these materials to a stockpile area; (3) mixing the mortar to be used in the masonry work; (4) tending the bricklayers who actually install the masonry work; (5) cleaning up the masonry areas; and (6) removing construction materials from the construction site. If the disputed work were assigned to employees represented by Carpenters Local 33, the same number of laborers would still be necessary to complete the other tasks. The considerations of economy and efficiency thus favor an award of the work in dispute to employees represented by Laborers Local 223.
"The parties did not specifically address economy and efficiency of operations at the hearing. During the course of testimony, it was stated that employees of Marr Scaffolding Co. represented by Laborers were involved in delivering and stockpiling scaffolding at the 140 Federal Street site but were not assisting the bricklayers.
*See Laborers Local 146 (Modern Acoustics), 267 NLRB 1123 (1983).
Conclusions
After considering all the relevant factors, we conclude that employees represented by Laborers Local 223 are entitled to perform the work in dispute. We reach this conclusion relying on the collective-bargaining agreement between the various contractors and Local 223, the Employer's preferences and past practices, area practice, and economy and efficiency of operations. In making this determination, we are awarding the work to employees represented by Laborers Local 223, not to that Union or its members.
Scope of Award
AGC requests that the Board issue a broad work award covering the geographic areas encompassed by the Boston District Council of Carpenters' agreement with AGC. AGC contends that such an award is necessary in order to avoid repetition of similar jurisdictional claims and attendant work stoppages at construction sites within this area. In this regard, AGC refers, inter alia, to the Board's decisions in Anastasi Bros. which awarded similar work to employees represented by Laborers rather than employees represented by Carpenters.
In circumstances where there is an indication that the dispute is likely to recur, the Board's policy is to issue an award sufficiently broad to encompass the geographical area in which an employer does business and the jurisdiction of the competing unions coincide".
We conclude that Local 33's threat to cause trouble on every other Turner job under the jurisdiction of Local 33 indicates that the dispute may recur on a Turner Construction site. Such a threat, coupled with the fact that Local 33 was recently involved in a similar dispute before the Board, Anastasi Bros., supra, justifies a broad award.
Accordingly, and based on all of the above and the record as a whole, our determination in this case applies to all similar disputes concerning work at sites in which Turner Construction operates in which the geographical jurisdictions of the United Brotherhood of Carpenters and Joiners of America Local 33 and Laborers
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46 MASONRY-JANUARY/FEBRUARY, 1986