Masonry Magazine June 1987 Page. 35
Conclusions
After considering all the relevant factors, we conclude that employees represented by Laborers Local 22 are entitled to perform the work in dispute. We reach this conclusion relying on the collective-bargaining agreement between Anastasi and the Laborers; company preference and past practice: relative skills; and economy and efficiency of operations. In making this determination, we are awarding the work to employees represented by Laborers Local 22, not to that Union or its members.
Scope of Award
Perini and the AGC request that the Board issue a broad award covering the entire geographic area encompassed by the Boston District Council of Carpenters' agreement with the AGC. Perini and the AGC argue that this is necessary to avoid the recurrence of similar work disputes between the Carpenters and the Laborers which entail work stoppages and threatened work stoppages. Perini and the AGC point out that the Board has previously considered two virtually identical disputes and determined that the work in dispute there be awarded to employees represented by the Laborers. They further argue that the constituent locals of the Boston District Council of Carpenters have continued to claim the work through the use of allegedly unlawful means and that Laborers' local unions within the geographic area of the Boston District Council of Carpenters are also intent on threatening or engaging in work stoppages over similar disputed work.
We conclude that the issuance of a broad award would be inappropriate and we shall limit our determination to the particular controversy that prompted the instant proceeding. In this regard, we note that there are two prerequisites for a broad, area wide award. First, there must be evidence that the disputed work Laborers Local 223 (Turner Construction Co.). 227 NLRB No. 13 (Oct. 31. 1985); Laborers Local 223 (Anastasi Bros.), supra. has been a continuous source of controversy in the relevant geographic area and that similar disputes may recur. Second, there must be evidence demonstrating that the charged party has a proclivity to engage in unlawful conduct in order to obtain work similar to the work in dispute. Iron Workers Local 433 (Crescent Corp.), 277 NLRB No. 77 (Nov. 22, 1985); Electrical Workers IBEW Local 104 (Standard Sign), 248 NLRB 1144 (1980). In the present case, Laborers Local 22, not Carpenters Local 218, is the charged party. Finally, we note that in Anastasi Bros., supra, there was no allegation of unlawful conduct by Laborers Local 22. In Turner Construction Co., supra, Laborers Local 22 was not a party and was not alleged to have engaged in unlawful conduct in connection with that dispute. Since there is no showing of a proclivity of the charged party to engage in unlawful conduct to obtain work similar to the disputed work, we find insufficient grounds to issue a broad award, and we limit our determination accordingly.
DETERMINATION OF DISPUTE
The National Labor Relations Board makes the following Determination of Dispute. Employees of Anastasi Brothers Corporation, represented by Laborers' International Union of North America, AFL-CIO, Local 22 are entitled to perform the erecting and dismantling of pipe scaffolding at the Charlestown Condominium Project in Charlestown, Massachusetts.
Dated, Washington, D.C. 10 April 1987
Donald L. Dotson,
Chairman
Marshall B. Babson
Member
James M. Stephens,
Member
(SEAL)
NATIONAL LABOR RELATIONS BOARD
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MASONRY-MAY/JUNE, 1987 35