Masonry Magazine August 1985 Page. 28
TRIPARTITE ARBITRATION
Summary and Conclusions:
In the preceding section of this Award, the undersigned has concluded that the factors of Employer and area practice, economy and efficiency of operation, and Employer preference favor the assignment of the disputed work to employees represented by the Laborers. The undersigned has further concluded in the preceding section of this Award that the collective bargaining agreements do not favor the assignment of work to employees represented by either the Laborers or Engineers. Similarly, relative skills do not favor an assignment of the disputed work to employees represented by either the Laborers or Engineers.
The undersigned has further found in the preceding section of this Award that the factors of inter-union agreements and decisions of the Impartial Jurisdictional Disputes Board carry no weight in determining the award of the disputed work. By reason of the foregoing determinations, the undersigned now concludes that the record evidence and the criteria favor an award of the disputed work to employees represented by the Laborers Union.
Since the undersigned has now determined that mason tending forklift work is work to be assigned to employees represented by the Laborers Union, it is not necessary to consider the issue of whether back pay is due in these matters.
The undersigned has further considered the charge of the Court that the Arbitrator may decide whether his decision should be given precedential effect. After due consideration, because the record was well made and well argued, the undersigned concludes that this Award should be given precedential effect for future application.
Therefore, based on the record in its entirety and the discussion set forth above, after considering the arguments of Counsel, the Arbitrator makes the following:
AWARD
1. The assignment of the work at the Quality Inn job in Waukesha, the Garfield Park Senior Citizens Center in Milwaukee, and the North Shore Savings & Loan job in Waukesha was properly assigned to employees represented by the Laborers union.
2. This Award shall have precedential effect for the assignment of mason-tending forklift work in jobs involving substantially identical circumstances and facts.
3. Any and all claims arising out of grievances filed by the Engineers for back pay dealing with the Quality Inn job, the Garfield Park Senior Citizens Center in Milwaukee, and the North Shore Savings & Loan job in Waukesha are denied.
Dated at Fond du Lac, Wisconsin, this 10th day of May, 1985.
Jos. B. Kerkman,
Arbitrator
Over 350 Attend Loadbearing Seminars
More than 350 architects, building designers and mason contractors attended the recent series of "Loadbearing Masonry Design-Advantages and Misconceptions" seminars sponsored by the Masonry Advisory Council, Park Ridge, Ill. The seminars were presented at three different times and locations in the Chicago and northwest Indiana areas.
Jack Hartray of Nagle Hartray & Associates presented the architect's viewpoint; Robert Beer of Beer/Gorski/Graf gave the structural engineer's viewpoint, and Dan Carducci of Marlu Masonry and Dick Lauber of J & E Duff Masonry presented the mason contractor's side.
Ed Gregory of Material Service Corp. addressed hollow core precast plank supplier requirements, and Bob Nelson of H. H. Holmes Testing Laboratories discussed testing laboratory perspectives. Charles Ostrander of the Illinois Masonry Institute introduced the speakers and spoke on energy savings with masonry.
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28 MASONRY-JULY/AUGUST, 1985