Masonry Magazine February 1987 Page. 50
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NLRB DECISION continued
5. Economy and efficiency of operations
The typical work crew includes five masons and three laborers. When the forklift is not in operation, mason-tenders must also mix mortar, move scaffolding, and perform utility duties and cleanup, all tasks that are outside the Engineers' jurisdiction. The addition of an Engineers-represented employee would expand the crew to five masons, three laborers, and one engineer, thus increasing costs without adding any productivity. Accordingly, this factor favors awarding the work to employees represented by the Laborers.
6. Arbitration Awards
Hutter and the Engineers in urging awarding the work to members of Laborers and Engineers, respectively, each rely on different arbitration decisions to support their contentions regarding the determination of this dispute. We note, however, that not all the parties to the instant proceeding participated in either arbitration proceeding or agreed to be bound by the results. Accordingly, the arbitrators' awards are not binding on the Board.
Conclusions
After considering all the relevant factors, we conclude that employees represented by the Laborers' International Union, Local 1086, AFL-CIO, are entitled to perform the work in dispute. We reach this conclusion relying on the preferences and past practices of the Employers and area practices and economy and efficiency of operation. In making this determination, we are awarding the work to employees represented by the Laborers' International Union, Local 1086, AFL-CIO, not to that Union or its members.
Hutter contends, and the Laborers concurs, that the Board should issue a broad award to employees the Laborers represents on job-sites throughout the State. We conclude that a broad order is not warranted. The Engineers did not engage in threats of picketing or picketing; rather, it was the Laborers who threatened to picket and picketed to maintain assignment of the disputed work to employees it represents. In these circumstances there is no basis for extending the determination beyond the particular controversy that gave rise to the proceeding.
DETERMINATION OF DISPUTE
The National Labor Relations Board makes the following Determination of Dispute.
Employees of Bill Dentinger, Inc., represented by Laborers' International Union, Local 1086, AFL-CIO, are entitled to perform the mason-tending forklift work at the Medium Security Prison project in Oshkosh, Wisconsin.
Dated, Washington, D.C. 6 January 1987
Wilford W. Johansen.
Member
Marshall B. Babson,
Member
James M. Stephens.
Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
2Longshoremen ILWU (Brady-Hamilton Stevedore Co.), 244 NLRB 275,276 fn. 6 (1979).
In the Eye of the Beholder
"If Thomas Edison were to invent the light bulb today, the evening news would lead off with Dan Rather somberly announcing that 'gloom and despair hit the candlestick industry today,' and tomorrow morning we would find Senator Metzenbaum introducing legislation to tax electricity and Joseph Rauh beginning a campaign to subsidize the candlestick Industry." Richard L. Lesher, President, U.S. Chamber of Commerce
50 MASONRY-JANUARY/FEBRUARY, 1987