Masonry Magazine June 1994 Page. 26
MCAA
Information...
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATT
Cases 13-CD-459, 13-CD-465, 13-CD-464, 13-CD-466, 13-CD-467, and 13-CD-468
BRIDGE, STRUCTURAL AND REINFORCING IRON WORKERS LOCAL NO. 1 OF THE INTERNATIONAL ASSOCIATES OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFL-CIO
and
FABCON, INCORPORATED
and
ATMI PRECAST, INC.
and
NATIONWIDE ERECTORS, INC.
DECISION AND DETERMINATION OF DISPUTE
This is a consolidated proceeding under Section 10(k) of the National Labor Relations Act, as amended, following the filing of charges in Case 13-CD-459 on April 27, 1992, and in Case 13-CD-465 on June 4, by Fabcon, Incorporated (Fabcon); the filing of charges in Case 13-CD-464 on May 19, and in Cases 13-CD-466 and 13-CD-467 on June 11, by ATMI Precast, Inc. (ATMI); and the filing of a charge in Case 13-CD-468 on June 25 by Nationwide.
All dates are 1992 unless otherwise indicated. An amended charge in Case 13-CD-459 was filed on May 11 containing the same allegations. Fabcon requested withdrawal of the charge in that case prior to hearing, but on June 5 Fabcon requested a revocation of its withdrawal request and the case was scheduled for hearing. Although the charge filed by Nationwide indicates that the work in dispute is assigned to employees represented by Bricklayers, the record and Nationwide's brief show that the work is in fact assigned to composite crews of bricklayers and laborers. Although the order further consolidating cases and notice of consolidated hearing, which consolidated Cases 13-CD-466 and 13-CD-467 with Cases 13-CD-459, 13-CD-464, and 13-CD-465, was issued on June 15, all parties agreed to waive the 10-day notice of hearing requirement for 10(k) proceedings.
Erectors, Inc. (Nationwide). It is alleged in Cases 13-CD-459 and 13-CD-465 that Bridge, Structural and Reinforcing Iron Workers Local No. 1 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO (Iron Workers) violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring Fabcon to assign certain work to employees represented by Iron Workers rather than to employees represented by International Union of Bricklayers and Allied Craftsmen. AFL-CIO (Bricklayers) and employees represented by Laborers District Council of Chicago (Laborers District Council) and Laborers' International Union of North America and Canada. AFL-CIO (Laborers International) (together referred to as Laborers). In Cases 13-CD-464, 13-CD-466, 13-CD-467, and 13-CD-468, it is alleged that Iron Workers violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the respective Employers therein to assign certain work to employees represented by Iron Workers rather than to employees represented by Bricklayers.
Pursuant to notice, a hearing was held at Chicago, Illinois, on June 16 and 17 in Cases 13-CD-459, 13-CD-464, 13-CD-465, 13-CD-466, and 13-CD-467 before Hearing Officer Sheryl Sternberg. Fabcon, ATMI, Iron Workers, Bricklayers, and Laborers appeared at the hearing and were afforded full opportunity to be heard, to examine and to cross-examine witnesses, and to adduce evidence bearing on the issues. Subsequent to the hearing and before a Board decision in Cases 13-CD-459, 13-CD-464, 13-CD-465, 13-CD-466, and 13-CD-467, the charge in Case 13-CD-468 was filed. The charge alleged violations similar to those alleged in the cases previously heard. Thereafter, Iron Workers filed a motion to consolidate, stating that it was Iron Workers' intention to submit essentially the same evidence as was submitted in the prior hearing and to supplement that evidence with respect to the facts and circumstances raised in the subsequent charge. Iron Workers therefore urged the Board to consolidate the cases, allowing all parties to make any objections deemed appropriate regarding the evidence submitted in the proper hearing and to supplement the record as they saw fit. On July 15, the Board granted Iron Workers' motion and remanded the proceeding to the Regional Director for further appropriate action.
Thereafter, pursuant to notice a further hearing was held in Chicago, Illinois, on July 16, before Hearing Officer Karin V. Gearhard. Nationwide, Iron Workers, ATMI, and Bricklayers were present and were afforded full opportunity to be heard, to examine and cross-examine witnesses if they desired, and to adduce evidence bearing on the issues consistent with the Board's Order. After the hearing, Fabcon, ATMI, Nationwide, Iron Workers, and Bricklayers filed briefs, and Laborers District Council filed an adoption of Fabcon and Bricklayers' briefs.
The National Relations Board has delegated its authority in this proceeding to a three-member panel.
The Board affirms the hearing officers' rulings, finding them free from prejudicial error. On the entire record, the Board makes the following findings.
26 MASONRY-MAY/JUNE, 1994