Masonry Magazine June 1994 Page. 28
I. Jurisdiction
The parties to the first hearing, pertaining to the charges filed by Fabcon and ATMI, stipulated that ATMI is an Illinois corporation engaged in the business of manufacturing, selling, and installing precast concrete, and that within the year preceding the hearing, a representative period, ATMI received at its Aurora, Illinois facilities goods and materials valued in excess of $50,000 directly from points outside the State of Illinois. The record shows that Fabcon, a corporation with an office in Chicago, Illinois, is engaged in the business of designing, manufacturing, erecting, and installing precast concrete wall and floor plank panels. The parties also stipulated that Fabcon, during the 12 months preceding the hearing, a representative period, purchased and received at its Illinois facilities goods and materials valued in excess of $50,000, which goods and materials originated outside the State of Illinois.
The parties to the hearing pertaining to the charge filed by Nationwide stipulated that Nationwide, an Illinois corporation, is engaged in the business of erection and installation of precast concrete, and that during the 12 months preceding the hearing, a representative period, Nationwide, in the course and conduct of its business operation, purchased and received goods and services values in excess of $50,000 directly from entities located outside the State of Illinois. We find that ATMI, Fabcon, and Nationwide are employers engaged in commerce within the meaning of Section 2(6) and (7) of the Act.
All parties stipulated, and we find, that Iron Workers, Bricklayers, Laborers District Council, and Laborers International are labor organizations within the meaning of Section 2(5) of the Act.
II. The Dispute
# A. Background and Facts of Dispute
1. Cases 13-CD-459 and 13-CD-465
Since its inception in 1970, Fabcon has employed employees represented by Bricklayers and Laborers to perform its erection and installation work. Fabcon is a party to a collective-bargaining agreement with Bricklayers and Laborers International, as well as to collective-bargaining agreements with the Minnesota locals of those unions. Fabcon employs approximately 40 "key employees," composing 10 work crews, who perform this work throughout a 12-state area. Two crews, consisting of eight key employees, are from the Chicago area, although Fabcon also assigns Minnesota-area employees and hires additional Chicago workers to work on jobs in the Chicago area. Typically, Fabcon's crews consist of two bricklayers, one of whom is designated as foreman, and two laborers.
Iron Workers first contacted Fabcon's president, Walz, concerning the use of ironworkers on its crews in August 1991, prior to the events giving rise to the instant charges. In a telephone conversation, Iron Workers President Keegan asked if Fabcon was going to employ ironworkers on a particular project, and when Walz responded that no ironworkers would be assigned to perform the work, Keegan stated that there might be a banner at the job site. No picketing, however, occurred at that jobsite.
Keegan sent letters dated April 20 and 27 to Walz concerning the disputed work on the Bedford Park, Illinois project. In these letters, Keegan noted Fabcon's practice of assigning the disputed work to bricklayers and laborers and claimed the work for employees represented by Iron Workers. In the April 20 and 27 letters, respectively, Keegan threatened "to take action" and "to picket" when the work commenced if Fabcon did not assign the work to ironworkers. Iron Workers did not picket the project.
On June 3 Keegan sent a letter to Walz requesting information regarding the wage scales that Fabcon would pay to employees performing the disputed work on the Franklin Park project. Keegan asserted that the wages would be below the prevailing area standard for ironworkers, and stated that unless Fabcon conformed to the area standards wages, Iron Workers would conduct area standards picketing at the jobsite. On June 4 Iron Workers picketed at the Franklin Park jobsite, wearing vests stating that Fabcon was using labor receiving less than the prevailing ironworkers rates. As a result of the picketing, the bricklayers and laborers employed by Fabcon did not work and its trucks were not unloaded. Ironworkers and operating engineers at the jobsite also refused to work.
2. Cases 13-CD-464, 13-CD-466, and 13-CD-467
ATMI, which had been in business as a precast subcontractor for approximately 3 years at the time of the hearing, employs employees represented by Bricklayers in crews of four or five members. ATMI is a signatory to an International Panelization Agreement with Bricklayers. On May 14 Iron Workers Business Agent Trzaskowski telephoned ATMI President Armbruster and inquired whether ATMI would have any ironworkers on its Deerfield project crew. Armbruster replied that ATMI had a collective-bargaining agreement with Bricklayers. By letter dated May 18, Keegan requested that ATMI provide information concerning the wages to be paid to employees performing the disputed work on a commercial office building project at Deerfield, Illinois, and stated that if the wages for the project did not conform to the area standard for Iron Workers, there would be area standards picketing at the jobsite. On May 19, Iron Workers engaged in picketing at the Deerfield jobsite, with vests stating that ATMI did not pay the area standard for ironworkers. Armbruster sent the ATMI crew as well as the crane operator home, and sent the loaded trucks back to the plant.
On June 8, Keegan sent Armbruster a letter regarding ATMI's warehouse and commercial project at Lake Bluff, Illinois. In that letter, Keegan asserted that ATMI assigned work within Iron Workers' jurisdiction to other trades, and insisted that the disputed work be assigned to ironworkers. Keegan threatened to picket the Lake Bluff job if the work was not assigned as he requested. In another letter dated June 8, Keegan also demanded wage information regarding the disputed work at the Lake Bluff project, and threatened area standards picketing if ATMI did not meet the prevailing ironworker wage on that project.
On June 9, Keegan sent Armbruster an essentially identical letter requesting wage information and threatening area standards picketing with respect to ATMI's project at Buffalo Grove, Illinois. Iron Workers picketed the jobsite on June 12, again with vests bearing the same area standards message. Armbruster sent the ATMI crews home and directed that the six truckloads of precast be returned to the plant.
3. Case 13-CD-468
Nationwide generally uses a five-member crew for the installation of precast, one member of which is a crane operator whose work is not in dispute. The other four crew members include at least two and as many as four bricklayers, with any remainder of the crew composed of laborers. On June 24, Keegan sent a letter to Nationwide President Maze, similar to those sent to the other Employers, demanding wage information pertaining to the disputed work on the LaSalle Street Station project in Chicago, Illinois, and threatening to engage in area standards picketing at that jobsite if the prevailing wage for ironworkers was not met on the project. On June 25, picketing was conducted by Iron Workers, again wearing vests containing area standards language, and the job was shut down. At the request of the general contractor for the project, Nationwide did not work at the jobsite that day. Maze also testified that he believed that no one else worked on
In its brief, Bricklayers objects to Hearing Officer Sternberg's ruling accepting certain exhibits offered by the Iron Workers, consisting of letters from various contractors indicating their use of employees represented by Iron Workers for precast work. We affirm the ruling of the hearing officer, and have given the exhibits due consideration. Iron Workers objects to Hearing Officer Sternberg's rejection, on hearsay growth, of its offer of proof that crane operators have expressed a preference that employees represented by Iron Workers give them hand signals directing their hoisting and placement of precast panels. We accept the rejected offer of proof.
The record indicates that Fabcon pays its employees wages and fringe benefits in accordance with the standards of their respective "home"locals.