Masonry Magazine May 1977 Page. 15
MCAA information
UNITED STATES OF AMERICA
BEFORE THE
NATIONAL LABOR RELATIONS BOARD
228 NLRB No. 63
D-2191
Philadelphia, Pa.
INTERNATIONAL ASSOCIATION OF BRIDGE,
STRUCTURAL & ORNAMENTAL
IRONWORKERS LOCAL 405
and
EMPLOYING BRICKLAYERS ASSOC.
OF DELAWARE VALLEY, INC.
and
ANASTASI BROTHERS CORP.
and
INTERNATIONAL UNION OF BRICKLAYERS
AND ALLIED CRAFTSMEN LOCAL NO. 1
OF PENNSYLVANIA
Case 4-CD-412
DECISION AND DETERMINATION OF DISPUTE
This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following a charge filed by Employing Bricklayers Association of Delaware Valley, Inc., herein called the EBA, alleging that International Association of Bridge. Structural & Ornamental Ironworkers Local 405, herein called Ironworkers, had violated Section 8(b) (4) (D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring Anastasi Brothers Corporation, herein called the Employer, to assign certain work to its members rather than to employees represented by International Union of Bricklayers and Allied Craftsmen Local No. 1 of Pennsylvania, herein called Bricklayers.
Pursuant to a notice, a hearing was held before Hearing Officer John E. Bowders on October 26 and 27, 1976. All parties appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues. Thereafter, briefs were filed by the Employer and EBA jointly and by the Ironworkers.
Pursuant to the provisions of Section 3(b) of the National Labor Relations Act. as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three- member panel.
The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.
Upon the entire record in this proceeding, the Board makes the following findings:
I. The Business of the Employer
The parties stipulated, and we find, that the Employer is a Pennsylvania corporation engaged in the masonry construction business. During the past 12 months, the Employer has purchased goods and services from outside the Commonwealth of Pennsylvania having a value in excess of $50,000. The parties also stipulated, and we find, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and it will effectuate the purpose of the Act to assert jurisdiction herein.
II. The Labor Organizations Involved
The parties stipulated, and and we find, that the Ironworkers and the Bricklayers are labor organizations within the meaning of Section 2(5) of the Act.
III. The Dispute
# A. Background and Facts of the Dispute
Joseph Casacio and Sons. herein called Casacio, operates as owner, developer, and general contractor for the ten-story Evergreen Towers Apartment Apartment complex currently being built in Philadelphia, Pennsylvania. Utilizing an increasingly popular construction technique for large scale commercial structures. Casacio has planned to have load-bearing masonry walls support the weight of Evergreen Towers above its poured steel skeleton support system. The load-bearing masonry construction process in this instance involves: (1) laying hollow-chambered concrete blocks course upon course from floor or foundation to the ceiling of each story: (2) placing vertical and horizontal steel reinforcing rods at designated intervals within the block wall's interior; and (3) filling each one-story wall, whose hollow-chambered compo- nents are vertically aligned, with the reinforcing grout mixture. The use of steel rods and ground as reinforcing materials elimi- nates the need to correlate the thickness of load-bearing masonry walls to a building's height, an expensive and inefficient practice requiring abnormally thick walls for structures of any significant size. Brick wall facades are overlaid upon the cement block walls for ornamental purposes, but they serve no structural support function.
Casacio has subcontracted to the Employer the performance of all brick and cement block wall construction for Evergreen Towers. The Employer employs members of the Bricklayers to do its masonry work in accord with the terms of a contract between Bricklayers and the multiemployer EBA. which represents the Employer and numerous other Delaware Valley area masonry con- tractors for collective-bargaining purposes. The Gunite Corpora- tion, another subcontractor at the Evergreen Towers construction site, is responsible for the framing and pouring of concrete foun- dations. Gunite employs members of the Ironworkers to cut, bend.. tie and otherwise handle steel rods used in the internal rein- forcement of such foundations. The Employer does not employ members of Ironworkers, and neither the Employer nor the EBA has a collective-bargaining agreement with the Ironworkers.
The Employer began work on the Evergreen Towers project on August 2. 1976 at which time members of Ironworkers in Gu- nite's employ were already engaged in rodsetting during the foundation work. Having preliminary layout work to do, the Em- ployer scheduled the actual laying of block walls and placing of reinforcing rods therein to begin on August 19. Shortly after Au- gust 2. the Ironworkers shop foreman at the site contacted the Bricklayers shop foreman and ascertained that the Employer in- tended to have members of Bricklayers handle all phases of masonry wall construction, including the rodsetting function. At the behest of Ironworkers representatives, a member of the Casacio family (the record is unclear as to whom) thereafter con- tacted the Employer and arranged a meeting with the Ironworkers business agent for the afternoon of August 19. The Ironworkers alleges that Casacio assured them no reinforcing rod work would be done by the Employer prior to this meeting, but Charles Anas- tasi, the Employer's executive vice president, denied any under- standing that such work was to be postponed.
On August 18. Gunite Corporation, having performed its sub- contract, laid off those members of Ironworkers who had been set- ting rods for it. Members of Bricklayers employed by the Em- ployer began laying block and setting rods as scheduled in the morning of the next day. August 19. Within 2 hours, members of the Ironworkers had established a picket line at the construction site. The Ironworkers business agent. Benny Pino, Jr., admitted for the record that he directed the establishment of this picket line, which effectively obstructed the entrance through which trucks
1. Hereinafter, all dates are in 1976 unless otherwise indicated.
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