Masonry Magazine June 1994 Page. 32
Iron Workers asserts that the change resulted from its filing of a breach of contract lawsuit against Nationwide. In any event, the factor of employer past practice does not favor assignment of the disputed work to either group of employees. The factor of employer preference, however, favors the award of the work to employees represented by Bricklayers and Laborers.
3. Area and industry practice
ATMI and Fabcon presented evidence that employers in the Chicago area assign the disputed work to bricklayers or to composite crews of bricklayers and laborers. Fabcon has performed over 200 jobs in the Chicago area using its composite crews of bricklayers and laborers. Bricklayers District Manager Skopick also identified approximately 12 projects done in his district in the last few years by bricklayer or bricklayer/laborer crews. An employee represented by Bricklayers Local 21 testified that 80 to 90 percent of all the jobs he has done over an 18-year period, working for various contractors other than those involved in this proceeding, were performed exclusively by employees represented by Bricklayers. On the other hand, Iron Workers presented testimony by officials of four contractors that perform precast erection projects, all of whom stated that they assign the work to employees represented by Iron Workers or composite crews of ironworkers and bricklayers. In addition, Iron Workers submitted into evidence numerous letters from other employers supporting its position that ironworkers are commonly assigned the disputed work in the Chicago area as well as in other States. We therefore find that area and industry practice does not favor an award of the disputed work to either group of employees.
4. Relative skills
Fabcon, ATMI, and Nationwide presented evidence that their employees are able to perform the work in dispute with a minimum of training. Walz testified that Fabcon's employees have all the skills, training, and experience required to perform the full range of tasks involved in precast installation, including reading drawings, doing layout work, unloading, hoisting, installing, welding, patching, and caulking. He also stated that Fabcon's employees' familiarity with the manufacture of the panels is beneficial. In addition, Walz testified that the employees are experienced in using levels, lasers, aerial lift platforms, cutoff saws, wall mounted saws, and a variety of handtools required for the work. The record also shows that Bricklayers provides a training program for welder certification and stone setting. Nationwide President Maze testified that the employees represented by Bricklayers were more skilled in precast installation because the precast panels are essentially "a finished masonry product." Armbruster testified that employees represented by Iron Workers do not perform certain aspects of the work, such as grouting.
Iron Workers concedes that some of the work involved in the erection of precast panels, such as caulking and grouting, is traditionally performed by bricklayers, although ironworkers receive training in these functions. Iron Workers also presented evidence that the employees it represents are highly skilled in other aspects of the work. In this regard, the record shows that Iron Workers conducts an extensive apprenticeship program, 5 months of which focuses on the skills needed for the erection of precast and prestressed panels. In addition, the evidence shows that ironworkers are required to obtain yearly certification in welding. Iron Workers also contends that safety considerations warrant the award of the work to the employees it represents. Specifically, it presented evidence that ironworkers use cables for hoisting the panels and inspect the cables daily, and that Fabcon's use of chains for this purpose involved a safety risk. Iron Workers also presented evidence that the employees it represents have more skill and training in giving hand signals to crane operators, and that crane operators have expressed a preference that ironworkers perform this function.
Walz testified that Fabcon's use of chains for hoisting panels is both safe and convenient, and Hanson testified that Fabcon had an excellent safety record. In addition, Fabcon and ATMI
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32 MASONRY-MAY/JUNE, 1994