Masonry Magazine April 1992 Page. 41
DETERMINATION OF DISPUTE
layers, not Iron Workers, is the charged party. Because 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 Sesco, Inc. represented by International Union of Bricklayers & Allied Craftsmen, AFL-CIO, are entitled to perform the erection, anchoring and aligning of exterior stonework, including but not limited to unloading, handling, stockpiling, hoisting, and installation of relief angles to support stone and of multipurpose supports, at the Heller International building project, 500 West Monroe Street, Chicago, Illinois.
Dated, Washington, D.C. June 14, 1991
Dennis M. Devaney, Member
John N. Raudabaugh, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
CHAIRMAN STEPHENS, concurring.
In my dissenting opinion in Laborers Local 731 (Slattery Associates), 298 NLRB No. 111 (June 18, 1990), I stated that I would not find that the pursuit of an arguably meritorious grievance for the breach of a union signatory subcontracting clause constituted a claim for work assigned by a subcontractor who was the beneficiary of the arguable breach. So long as a union did nothing more than announce its intent to pursue such a grievance and actually pursued it through the proper channels, I would quash the 10(k) notice on the ground that there was no jurisdictional dispute because of the absence of competing claims.
It is essential under my Slattery position, however, that the grieving union establish that it had an arguably meritorious claim that the subcontracting of the work in question violated the signatory subcontracting clause in an agreement between that union and the employer who subcontracted the work. In the present case, the Employer and the Bricklayers have argued that the only agreement between the Employer and the Iron Workers was limited to a minor part of a project distinct from the one that is the focus of the dispute here. The Iron Workers made no appearance at the 10(k) hearing and filed no brief with the Board. The Iron Workers has therefore failed to establish that it was pursuing an arguably meritorious grievance. Accordingly, I agree with my colleagues that we are presented with a jurisdictional dispute. I further agree, for the reasons stated in the opinion for the majority, that the work should be awarded to employees represented by Bricklayers and that the award should be limited to the controversy that gave rise to this proceeding.
Dated. Washington, D.C. June 14, 1991.
James M. Stephens, Chairman
NATIONAL LABOR RELATIONS BOARD
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MASONRY-MARCH/APRIL, 1992 41