Masonry Magazine October 2000 Page. 51
Article: Section 8(b)(4)(d) and Section 10(k) of the National Labor Relations Act
When Congress created Section 8(b)(4)(d) of the National Labor Relations Act, it addressed jurisdictional disputes, stating that it is an unfair labor practice for a union to pressure an employer to assign work to members of a particular trade, craft, or class, rather than to employees in another organization or another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work.
When Congress created the above provision it also added Section 10(k) which reads: "Sec. 10(k): Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph 8(b)(4)(d) of section 8 (b), the Board is empowered and directed to hear and determine the dispute out of which such unfair labor practice shall have arisen, unless, within ten days after the notice that such charge has been filed, the parties to such dispute submit to the Board satisfactory evidence that they have adjusted, or agreed upon a method for the voluntary adjustment of the dispute. Upon compliance by the parties to the dispute with the decision of the Board or upon such voluntary adjustment of the dispute, such charge shall be dismissed."
Whenever it is charged that a labor organization has engaged in an unfair labor practice, the Regional Director conducts an investigation. The purpose of the investigation is to provide the Regional Director with a factual basis for acting on the charge. Based on the Regional Director's conclusions as to the issues, he will dismiss the charge, defer action or proceed with the charge by issuing a Section 10(k) hearing. The hearing is informal and all parties have the opportunity to present evidence on the issue, including the opportunity to examine and cross-examine witnesses.
If you are called in as a witness, you should: (1) have full knowledge of the items listed in the first part of this article; (2) know what past practices of the company have been; (3) know what agreements the company has signed and the details of the agreement; and (4) have full knowledge of the events (this is where a diary will be most helpful). In addition, your legal counsel should be cognizant of all events and should be ready to confront any inconsistencies or misleading statements.
Lastly, always be calm, firm, polite and tell the truth, and I'm sure that your work assignment will prevail.
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MASONRY-SEPTEMBER/OCTOBER, 2000 51