Masonry Magazine October 2000 Page. 48
JURISDICTIONAL DISPUTES
ARE THEY LURKING AROUND THE CORNER?
The Construction Industry is enjoying extremely good times, so jurisdictional disputes are not as prevalent as they were in the eighties and nineties. But they are still with us, and everyone should be prepared to cope with them if they occur. A jurisdictional dispute can be defined as a difference of opinion by interested unions over the assignment of a particular work task made by an employer.
This article will deal with those steps that you should take to protect your rights, your work assignment, and the dispute. In addition, this article will also advise as to what course of action should be taken when a dispute does occur.
by George Miller, MCAA Executive Vice President Emeritus
If you are an MCAA member, and have elected to be bound, you are covered by two important agreements, the MCAA/BAC and MCAA/LIUNA. The International Agreements will provide you with an umbrella defense for future actions against your company.
Before going further, we must advise you that MCAA membership and its two International Agreements in no way binds you to the the decisions of the National Joint Board (NJB), which was created by the AFL-CIO and certain national contractor associations. MCAA firmly believes that the National Labor Board (NLRB) offers a better and fairer solution to solving jurisdictional disputes, because its criteria for settling is more in line with modern day technological advances, efficiencies, area and industry practices, contractor preference and safety. Outdated union understandings, the "green book" and pre-historic agreements do not play a major role in NLRB decision making.
PREPARATION
A mason contractor can take many steps beforehand to prepare his/her company for a dispute before it occurs. The list below sets forth those items that could be critical. Read them through, for they are the basic items that will be looked at in the initial stage of a dispute.
1. Are you a current member of MCAA?
2. Have you given MCAA authority to negotiate international agreements on your behalf?
3 Have you made a written assignment for the work task in question?
4. Check the Local Union collective bargaining agreement for the Article concerning the settling of jurisdictional disputes. If there are references to the National Joint Board, request that the Union eliminate them as soon as possible.
5. When starting a job outside of your home Locals jurisdiction, we strongly recommend that you utilize the MCAA Short Form Agreements. They have no reference to the National Joint Board and they do not bind your company to their decisions. The courts have ruled that a signed document must be executed for the implementation of fringe benefits that appear in the union's collective bargaining agreement. This then, accomplishes the obligation under law and does not bind your company to the National Joint Board. Both MCAA/LIUNA and MCAA/BAC Short Form Agreements have been approved by the international unions,
6. Read your contract with the general contractor. Endeavor to strike out any reference to the National Joint Board.
7. In any pre-job meeting, make sure that they understand you are working under a MCAA Agreement, be it the bricklayers or laborers.
8. Take time to read the Jurisdiction Article in both of the MCAA international agreements. It can be found in Article III in both of them.
9. Have all your personnel meet the requirements of the OSHA Standard for the class of work they are performing? If it is a forklift, make sure they have completed the MCAA Forklift Training Course. With scaffolding, have they been trained in erection and dismantling of this particular type of scaffolding?
These are the preliminary steps that should be taken so that should a jurisdictional dispute occur, you will be in a position to take your case to the National Labor Relations Board (NLRB).
WHEN A JURISDICTIONAL DISPUTE OCCURS
From the outset of any jurisdictional dispute it is essential that you and all of your managerial personnel keep an accurate diary of the sequence of events. Make sure you know the names of the people, the union, company or government affiliation. The time and date of all conversations and an accurate accounting of what was said is also important. All pertinent factors should be described and kept in chronological order so if you are called upon to recount the events, you can do so in a factual and intelligent manner.
If you have agreed to have the National Joint Board consider this dispute, then build your case in a logical manner. The results will most likely be in line with a "green book" decision. Most National Joint Board decisions have not been favorable for mason contractors.
If you have NOT agreed to let the National Joint Board process the dispute then:
1. Stand firm with your work assignment - DO NOT change it.
2. DO NOT submit your dispute to the National Joint