Masonry Magazine May 1969 Page. 11
MCAA
information
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
175 NLRB No. 81
D-1907
Beaumont, Texas
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, LOCAL NO. 753,
AFL-CIO
and
BLOUNT BROS. CORPORATION
and
LABORERS INTERNATIONAL UNION OF
NORTH AMERICA, LOCAL NO. 870, AFL-CIO
Case 23-CD-193
Decision and Determination of Dispute
This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following charges and amended charges filed by Blount Bros. Corporation, hereinafter referred to as Blount, alleging that United Brotherhood of Carpenters and Joiners of America, Local No. 753, AFL-CIO, hereinafter referred to as Carpenters or Respondent, had violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity for the purpose of forcing or requiring General Masonry, Inc., to assign particular work to carpenters represented by Carpenters rather than to employees of General Masonry represented by Laborers International Union of North America, Local No. 870, hereinafter referred to as Laborers. A hearing was held before Hearing Officer Jerome L. Avedon on January 21 and February 6, 1969, at Beaumont, Texas. All parties appeared at the hearing and were afforded full opportunity to to be heard, to examine and cross-examine witnesses, and to adduce evidence on the issues. The rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed. A brief was filed on behalf of Blount and General Masonry.
Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel.
Upon the entire record in this case, the Board makes the following findings:
Blount is the general contractor at the construction site at which the disputed work is located. General Masonry is a subcontractor of Blount engaged in tasks including the disputed work. General Masonry made an appearance at the hearing as an interested party.
masonry
May, 1969
I. The Business of the Employers
The parties stipulated, and we find, that Blount Bros. Corporation, a general contractor in the building and construction industry, is a Delaware corporation with its principal office and place of business in Montgomery, Alabama. During the past 12 months, Blount purchased goods and materials valued in excess of $50,000 which were shipped to it directly from points located outside the State of Texas. The parties further stipulated, and we find, that General Masonry, Inc. is a Texas Corporation with its principal office and place of business in Pasadena, Texas, where it is engaged in the business of masonry construction. During the past 12 months, General Masonry purchased goods valued in excess of $50,000 which were shipped to it directly from points outside the State of Texas.
II. The Labor Organizations
The parties stipulated, and we find, that Carpenters and Laborers are labor organizations within the meaning of Section 2(5) of the Act.
III. The Dispute
# A. Background and Facts of the Dispute
Blount has a contract with the Board of Regents of Lamar State College of Technology to construct four buildings on the college campus at Beaumont, Texas. Blount is a member of the Associated General Contractors of Jefferson County, herein called AGC, which has a collective-bargaining agreement with the Carpenters District Council of Sabine Area and Vicinity, including Local 753. Article V of the contract provides that the AGC contractors will bind their subcontractors to the Agreement designating the National Joint Board for the Settlement of Jurisdictional Disputes. Article XX, B, provides that the AGC contractors shall require their subcontractors to abide by the work jurisdiction established by the National Joint Board. One such decision, rendered by the National Joint Board in 1920, awarded the work of erecting self-supporting scaffolds over 14 feet in height to members of the Carpenters. Any erection or removal of scaffolding less than that height would be done by any employees assigned to the task by the employer.
In April 1968, Blount entered into a contract with General Masonry whereby General Masonry would perform all the masonry work on the Lamar State College job. This contract makes no reference to any labor