Masonry Magazine June 1994 Page. 30
E. Merits of the Disputes
Section 10(k) requires the Board to make an affirmative award of disputed work after considering various factors. NLRB v. Electrical Workers IBEW Local 1212 (Columbia Broadcasting), 364 U.S. 573 (1961). The Board has held that its determination in a jurisdictional dispute is an act of judgment based on common sense and experience, reached by balancing the factors involved in a particular case. Machinists Lodge 1743 (J. A. Jones Construction), 135 NLRB 1402 (1962). The following factors are relevant in making the determination of the disputes.
1. Certifications and collective-bargaining agreements
Neither Iron Workers, Bricklayers, nor Laborers has been certified by the Board as the collective-bargaining representative of the employees performing the disputed work for any of the Employers. Accordingly, this factor is not helpful in determining the disputes. Fabcon has a collective-bargaining agreement with both Bricklayers and Laborers International. Article II of that agreement provides that the agreement covers "the erection and installation of all precast, prestressed, prefabricated concrete building system components such as, but not limited to... wall panels," and that the work involves, but is not limited to, "unloading, hooking on, rigging, signaling, setting, placing, aligning, leveling, plumbing, grouting, bedding, installation of gaskets, shoring, reinforcing, sawing, cutting, drilling, caulking, welding, bolting, removal of temporary shores, grinding, cleaning, patching, and application of latex underlayment." In addition, Fabcon has collective-bargaining agreements with the Minnesota locals of Bricklayers and Laborers International, which govern the working conditions of 32
MORGEN ... introduces the NEW
• From bottom to top and down again with braces in position
• Improved, more rigid tower system
No braces to move. Open carriage eliminates the need to move braces. New wide-throat 2-speed winch. Hand- or foot-operated winch reduces the force required to raise any load by 51%. 7.14% more wall area covered per tower. Uses standard 16 planks and 7 1/2" wide bays-covers 7.14% more square feet of wall than scaffolding on 7" centers. More versatile and rigid. Masons platform bracket telescopes to support 2 or 3 planks, making work around pilasters and obstructions simple. Lowest cost material handling. Land material in every bay with lots of clearance in every direction. Maximum labor savings. Increases the efficiency of both the mason and the tender. Write or call for complete information today
MORGEN MANUFACTURING CO.
Box 160 Yankton, SD
Toll Free 1-800-952-4726
605-665-9654
FAX: 605-665-7017
ABORE
ESS
TOWER
SCAFFOLDING
SYSTEM
New longer
heavy duty
Sting lever
New wide-throat
winch-reduces
saising force 51%
Removable,
reversible
platform bracket
Up to 3
planks for
masons
THE "POST"
SPEED LEAD
5 plank
material
landing
area
Open
carriage
passe
braces
X-braces
only on
-foot centers
Quick set up.
Quick take down.
Fewer parts.
One bracket assembly.
• Ideal for all applications of
brick veneering.
• Same bracket, same pole for
inside, outside, quion, and
angled corners.
Invented and patented by a
bricklayer.
For information write or just call
(800) 525-8287
Marv Post Enterprises Inc.
2858 Sibley Hills Drive
Eagan, MN 55121
30 MASONRY-MAY/JUNE, 1994