Masonry Magazine June 1987 Page. 33
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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NLRB AWARDS ERECTING AND
DISMANTLING OF PIPE
SCAFFOLDING TO LABORERS
INSTEAD OF CARPENTERS
283 NLRB No. 90
D-4370
Charleston, ΜΑ
Case 1-CD-759-1
LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA, AFL-CIO, LOCAL 22
and
ASSOCIATED GENERAL CONTRACTORS
OF MASSACHUSETTS, INC. AND
PERINI CORPORATION
and
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL-CIO, LOCAL 218
DECISION AND DETERMINATION OF DISPUTE
The charge in this Section 10(k) proceeding was filed on 30 October 1985 by Perini Corporation (Perini) and the Associated General Contractors of Massachusetts, Inc. (AGC). The charge alleges that the Respondent, Laborers Local 22, violated Section 8(b)(4)(D) of the National Labor Relations Act by engaging in proscribed activity with an object of forcing Perini and its subcontractor Anastasi Brothers Corporation (Anastasi) to assign certain work to employees it represents rather than to employees represented by Carpenters Local 218. The hearing was held 10 March 1986 before Hearing Officer Robert A. Pulcini.
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.
The parties stipulated that the transcript developed in Laborers Local 223 (Anastasi Bros. Corp.). 272 NLRB 860 (1984), should be incorporated into the present proceeding.
Hereafter, all dates refer to 1985.
I. Jurisdiction
The AGC is an association which represents employers engaged in the building construction industry. Perini is a member of the AGC. Perini, a Massachusetts corporation with its principal place of business in Framingham, Massachusetts, is a general contractor in the building construction industry. Annually Perini receives goods valued in excess of $50,000 directly from points located outside the State of Massachusetts. Anastasi, a Pennsylvania corporation with its principal place of business in Marshfield, Massachusetts, is a masonry contractor in the building construction industry. It annually receives goods valued in excess of $50,000 directly from points located outside the State of Massachusetts.
The parties stipulated, and we find, that Perini and Anastasi are engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that Laborers Local 22 and Carpenters Local 218 are labor organizations within the meaning of Section 2(5) of the Act.
II. The Dispute
# A. Background and Facts of Dispute
At all pertinent times, Perini, as a member of the AGC, and Carpenters Local 218 were parties to a collective-bargaining agreement which designated certain work, including the erecting and dismantling of all scaffolding for all trades, as being within the jurisdiction of the Carpenters. The agreement also required that Perini would not subcontract any work encompassed in the agreement to a subcontractor who was not a party to a collective-bargaining agreement with the Carpenters.
Perini, as the general contractor for the construction of the Charlestown Condominium Project in Charlestown. Massachusetts, subcontracted the project's masonry work to Anastasi. The subcontracted work included the erecting and dismantling of pipe scaffolding. Anastasi, who does not employ carpenters, is not a party to a collective-bargaining agreement with the Carpenters. It is, however, signatory to the AGC's contract with the Laborers, which describes the erecting and removal of all scaffolds as being within the jurisdiction jurisdiction of the Laborers.
Prior to the commencement of the scaffolding work on this project in June 1985, Walter Chipman, a Carpenters Local 218 official, met at the jobsite with Perini's superintendent, O'Rourke. Chipman told O'Rourke that the scaffolding work belonged to the carpenters and that if Perini assigned it to Anastasi, the Carpenters would pursue the matter as a subcontracting violation and would not let carpenters work on the scaffold. Thereafter, Local 218's business agent, Green, requested that a meeting be set up at the jobsite to discuss the subcontracting of the work to Anastasi. The meeting took place around 3 July. In attendance were Chipman, Green, Perini's director of personnel Gross, Project Manager David Kibler, and Charles Schumb of the AGC. At that meeting. Local 218 representatives asserted that the scaffolding work belonged to the carpenters and that in their estimation the subcontracting of it to Anastasi was a violation of the subcontracting clause. Chipman and Green added that they would do what they had to do to protect their work.