Masonry Magazine December 1992 Page. 46
3. Area and industry practice
Patrick Murphy, vice president of a competing masonry contractor, testified that until 1990 his firm had an agreement with Local 825 and occasionally used operating engineers to operate forklifts. Murphy stated, however, that his firm currently uses laborers to operate forklifts, and that he does not know of any mason contractor within the jurisdiction of Local 17 that currently uses operating engineers to perform such work.
George Miller, executive vice president of the Mason Contractors Association of American (MCAA), testified that the majority of association members prefer using laborers to operate forklifts. Thus, we find that the factor of area and industry practice favors an award of the work in dispute to the employees represented by Laborers Local 17.
4. Relative skills
Both Walters and Libonati, the business representative for Local 17, testified that Local 17 trains its members to operate forklifts. Walters stated that whenever a truss boom is attached to a forklift, it only takes 5 to 10 minutes for a laborer to become familiar with the controls. Walters conceded that operating engineers are sufficiently skilled to operate forklifts with truss boom attachments, but testified that laborers have more experience working with masons.
Because the record indicates that both the laborers and operating engineers are sufficiently skilled to operate forklifts with truss boom attachments, we find that the factor of relative skill favors neither group of workers.
5. Economy and efficiency of operations
WLMC Vice President Walters testified that laborers are more efficient because they can perform more tasks than operating engineers. At the present time, WLMC does not employ any operating engineers at this jobsite. WLMC contends that operating engineers have numerous work restrictions and would remain idle when not operating the forklifts. Thus, WLMC contends that even if it hired operating engineers to operate the forklifts, it would still need to employ laborers to assist the masons. Laborers, in addition to operating the forklifts, can mix cement, build scaffolding, and tend to other aspects of the masons' work. Finally, laborers are more familiar with masonry terms and procedures which increases the efficiency of the operation, Walters testified. No evidence was presented showing that operating engineers possess these additional skills or are familiar with masonry terms and procedures.
MCAA Vice President Miller testified that laborers are more economical and efficient because they work as a team with the masons, they better understand masonry work, and are able to assist the masons to complete their work in a safer and more productive manner.
Accordingly, we find that the factor of economy and efficiency of operations favors an award of the work in dispute to the employees represented by Laborers Local 17.
Conclusions
After considering all the relevant factors, we conclude that employees represented by Laborers Local 17 are entitled to perform the work in dispute. We reach this conclusion relying on the factors of collective-bargaining agreement, employer preference and past practice, area and industry practice, and economy and efficiency of operations.
In making this determination, we are awarding the work to employees represented by Laborers Local 17, not to that Union or its members.
Scope of Award
The Employer has requested a broad award, arguing that the dispute between the Laborers and the Operating Engineers is longstanding and affects many mason contractors. Before the Board will issue a broad award, however, it must be shown that:
"Operating Engineers Local 825-A (Lacono Construction), 227 NLRB 110 (1976)
*WLMC has used forklifts on nine contracts in the past 2 years. A competing mason contractor used forklifts on 16 contracts in the past 4 years.
46 MASONRY-NOVEMBER/DECEMBER, 1992
(1) the work in dispute has been a continuous source of controversy in the relevant geographic area and is likely to recur, and (2) the offending union has a proclivity to engage in "further unlawful conduct in order to obtain the work in dispute. Operating Engineers Local 12 (Stief Co. West), 306 NLRB No. 109, slip op. at 8 (Feb. 28, 1992) Although it is true that Local 825 was the respondent in an earlier dispute, we do not fine find that earlier conduct sufficient to establish the kind of proclivity to engage in "further unlawful conduct" that might justify the broad order sought.
Considering the number of masonry projects in the area, one jurisdictional award over a 16-year period cannot justify an award reaching beyond the present jobsite. See, e.g., Iron Workers Local 3 (Spancrete Northeast), 267 NLRB 950, 953 (1983).
Accordingly, the Employer's request for a broad order is denied. The present determination is limited to the particular controversy that gave rise to this proceeding.
DETERMINATION OF DISPUTE
The National Labor Relations Board make the following Determinations:
1. Employees of Walters and Lambert Mason Contractors, Inc. represented by Laborers International Union of North America, Local No. 17 are entitled to perform the disputed work of operating the forklift fitted with a boom truss attachment at the Ulster County Community College jobsite in New Paltz, New York, for Walters and Lambert Mason Contractors, Inc.
2. International Union ion of Operating Engineers Loca Local 825, A,B,C,D.R.RH is not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force Walters and Lambert Mason Contractors, Inc. to assign the disputed work to employees represented by it.
3. Within 10 days from this date, Operating Engineers Local 825 shall notify the Regional Director for Region 3 in writing whether it will refrain from forcing the Employer, by means proscribed by Section 8(b)(4)(D) of the Act, to assign the disputed work in a manner inconsistent with this determination.
Dated, Washington, D.C. September 30, 1992
Dennis M. Devaney.
Member
Clifford R. Oviatt, Jr.
Member
John N. Raudabaugh,
Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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