Masonry Magazine June 1994 Page. 29
The project that day. According to Maze, Nationwide crews next reported to the jobsite on July 3. Although there was no picketing on that date, the employees of the steel erector on the project, who were represented by Iron Workers, left the jobsite. Nationwide has not returned to the project, even though 90 percent of its work remains to be done.
B. Work in Dispute
The work in dispute in Cases 13-CD-459 and 13-CD-465 involves the unloading, hoisting, and installation of precast or prestressed wall slabs by bricklayers and laborers employed by Fabcon at its construction sites located at 72nd Street and Cicero Avenue, Bedford Park, Illinois, and at 9501 Nevada, Franklin Park, Illinois, respectively.
The work in dispute in Cases 13-CD-464, 13-CD-466, and 13-CD-467 involves the unloading, hoisting, and installation or precast or prestressed wall slabs by bricklayers employed by ATMI at the construction sites located at Lake Cook Road and 1-294, Deerfield, Illinois; 105 Albrecht Drive, Lake Bluff, Illinois; and 800 Corporate Grove Drive, Buffalo Grove, Illinois, respectively.
The work in dispute in Case 13-CD-468 involves the unloading, hoisting, and installation of precast or prestressed wall slabs at the LaSalle Street project construction site located at LaSalle Street and Congress Street, Chicago, Illinois.
C. Contentions of the Parties
The Employers all contend that there is reasonable cause to believe that in each case Iron Workers violated Section 8(b)(4)(D) of the Act and therefore the Board must make a determination of the merits of the dispute. Fabcon contends that the factors of collective-bargaining agreements, employer preference and past practice, relative skills, economy and efficiency of operations, and Board precedent favor an award of the disputed work to its employees represented by Bricklayers and Laborers. ATMI contends that the disputed work should be awarded to its employees represented by Bricklayers based on collective-bargaining agreements, employer preference and past practice, area and industry practice, relative skills, and economy and efficiency of operations. Nationwide contends that the factors of collective-bargaining agreements, employer preference and past practice, area and industry practice, relative skills, and economy and efficiency of operations warrants an award of the disputed work to its employees represented by Bricklayers and Laborers.
Iron Workers concedes that the dispute is properly before the Board, and does not contend that there is no reasonable cause to believe that it violated Section 8(b)(4)(D). Iron Workers contends that the disputed work should be awarded to composite crews of employees represented by Bricklayers and Iron Workers based on the factors of area and industry practice, relative skills, interunion agreements, and joint board determinations.
Bricklayers contends that there is reasonable cause to believe that Iron Workers violated Section 8(b)(4)(D), and that the factors of collective-bargaining agreements, employer preference and past practice, relative skills, economy and efficiency of operations, and Board precedent favor the award of the disputed work to the employees of each Employer consistent with their current assignment practices.
At the hearing regarding Cases 13-CD-459, 13-CD-464, 13-CD-465, 13-CD-466, and 13-CD-467, Fabcon, ATMI, Iron Workers, Bricklayers, and Laborers stipulated that the Board should make an areawide award of the disputed work coinciding with the territorial jurisdiction of Iron Workers. Nationwide and Bricklayers also urge the Board to make an areawide award in Case 13-CD-468. Iron Workers contends that the award in that case should be limited to the LaSalle Street Station project.
D. Applicability of the Statute
Before the Board may proceed with a determination of the dispute, we rely on Iron Workers' position at the hearing and in its brief in favor of composite crews, and find it unnecessary to pass on Faboon and ATMI's assertions that at the time of the alleged violations of Sec. 8(b)(4)XD) Iron Workers contended that the disputed work should be awarded only to employees whom it represents.
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