Masonry Magazine June 1994 Page. 31
Fabcon does not have a collective-bargaining agreement with Iron Workers. Therefore, this factor favors an award to Fabcon's employees represented by Bricklayers and Laborers.
ATMI is signatory to an International Panelization Agreement with Bricklayers and to a Memorandum of Understanding with Illinois District Council No. 1 of Bricklayers. The International Panelization Agreement covers "the pre-assembly and complete installation of all exterior and interior artificial and natural masonry products of any size or dimension.... The installation work includes such activities as unloading, hooking on, signaling, laying out, cutting, fitting, setting, and installing metal grid supports, including bolting or welding, grouting, patching, and caulking. ATMI has no collective-bargaining agreement with Iron Workers. This factor favors an award of the disputed work to ATMI's employees represented by Bricklayers.
Nationwide has since its formation had a series of collective-bargaining agreements with Bricklayers. Like ATMI, it is signatory to an International Panelization Agreement with Bricklayers, covering the same work noted above, as well as a Memorandum of Understanding with District Council No. 1 of Bricklayers. The record shows that from the mid-1980s until May 1991 Nationwide had a contract with Iron Workers. Maze testified that during that time Nationwide was tying wall panels in with bar joists, which he considered ironworker work. After finding that this procedure was not economical, Maze discontinued Nationwide's contractual relationship with Iron Workers. The record does not demonstrate that Nationwide has a collective-bargaining agreement with Laborers. Although this factor is therefore not helpful with respect to the assignment of the disputed work to employees represented by Laborers, it does favor an award to Nationwide's employees represented by Bricklayers.
2. Company preference and past practice
The record discloses that Fabcon has assigned the disputed work to composite crews of bricklayers and laborers since its inception in 1970, and Walz testified that he prefers to continue to assign the work in the same manner. Fabcon also points out that in previous cases involving it the Board has awarded essentially identical work to its employees represented by Bricklayers and Laborers rather than to employees represented by Iron Workers. See Iron Workers Local 393 (Fabcon, Inc.), 255 NLRB 1324 (1981); Iron Workers Local 563 (Fabcon, Inc.), 211 NLRB 736 (1974). These cases pertained to disputes over the erection and installation of precast, prestressed concrete wall panels in Batavia, Illinois, and the Duluth, Minnesota area, respectively. This factor favors an award to Fabcon's employees represented by Bricklayers and Laborers.
Armbruster testified that he prefers to assign the disputed work to employees represented by Bricklayers. This preference is consistent with ATMI's practice during the 3 years it has been in business. Armbruster testified on cross-examination that on one project ATMI compensated another company for the servic services of an employee represented by Iron Workers. According to Armbruster, the employee was placed on the project after Iron Workers threatened to picket and the general contractor informed him that it could not allow the job to slow down. Iron Workers does not assert in its belief that this occasion diminishes ATMI's past practice of assigning the disputed work to bricklayers. We find that company preference and past practice support an award of the work to ATMI's employees represented by Bricklayers.
Maze testified that he prefers to use a composite crew of employees represented by Bricklayers and Laborers to perform the disputed work. During the year prior to this proceeding. Nationwide has assigned the work to such crews. During the period from the mid-1980s to May 1991, however, Nationwide employed ironworkers on its composite crews. Maze testified that during that time Nationwide used a technique that involved welding the panels to steel bar joints, which were in turn welded to the steel structure. Maze stated that when Nationwide discontinued that method of installation it terminated its contract with Iron Work-
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