Masonry Magazine June 1994 Page. 34

Words: Donna Dobberfuhl
Masonry Magazine June 1994 Page. 34

Masonry Magazine June 1994 Page. 34
Evidence was adduced that their employees were skilled and experienced at giving hand signals to crane operators. Representatives of two other contractors testified that they at least occasionally assign bricklayers responsibility for giving hand signals. The record further includes a stipulation by Fabcon, ATMI, Iron Workers, and Bricklayers that the Bricklayers apprenticeship program provides training in welding and certification of welders. Armbruster testified that ATMI has a sufficient number of certified welders for its project, and Walz stated that all but 8-10 of his 40 key employees are certified welders. Based on all of this evidence, we find that this factor does not favor or disfavor the Employers' current assignments of the disputed work.

5. Economy and efficiency of operations
The Employers presented evidence that their current assignments of the disputed work are more efficient than reassigning the work to employees represented by Iron Workers. Walz testified that Fabcon's employees represented by Bricklayers and Laborers are qualified to do all aspects of the work, so that there is little downtime on the job. He also stated that the employees can move easily from one project to another in the event, for example, of inclement weather or mechanical problems that impede their work. Hanson testified that Fabcon's employees are able to cut down panels in the field if they are too large as delivered from the Fabcon plant. Armbruster and Maze also testified that their employees perform all the tasks involved in the work. The record demonstrates, however, that ironworkers generally do not perform the grouting and caulking required for the installation of precast panels, and that when ironworkers work on such projects, the grouting and caulking is usually subcontracted. Iron Workers presented testimony by two contractors that there is no lack of efficiency when bricklayers and ironworkers are employed to work together on precast projects. Maze testified, however, that there have been morale problems on jobs where both bricklayers and ironworkers have been employed because of differences in work rules and wage rates. We find that the factor of economy and efficiency of operations favors an award of the work in dispute to the Employers' employees as currently assigned.

6. Prior jurisdictional dispute determinations
Iron Workers presented in support of its claim for the disputed work numerous decisions of various jurisdictional dispute boards awarding work to ironworkers rather than to employees engaged in other trades. Several of these decisions, however, neither pertain to the type of work at issue here nor involve employees represented by Bricklayers, and most concern disputes far beyond the geographical area at issue in this proceeding. Moreover, none of the decisions involve these Employers. It is also significant that, with few exceptions, these documents do not reveal the basis for the determinations, but do explicitly state that the decision are limited to the facts of the particular disputed job. Accordingly, we do not find that this evidence of prior jurisdictional dispute determinations favors an award of the disputed work to either group of employees.

7. Interunion agreements
Iron Workers introduced as evidence several agreements, memoranda of understanding, and meeting minutes demonstrating agreement that ironworkers would be included in composite crews engaged in the erection and installation of precast concrete. Although some of these documents involved unions representing other trades, others, including agreements executed in August 1954 and December 1962, were signed by representatives of Bricklayers. These interunion agreements would favor award of the disputed work to a composite crew of employees represented by Bricklayers and Iron Workers. It is clear, however, that "See Iron Workers Local 395 (Calumet Flexicore), 288 NI.RB 25 (1988)

Donna L. Dobberfuhl, NSS

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detail from "Fighting Panther" 1990 9'x6'
A member of the National Sculpture Society, Donna enjoys sculpting a wide variety of subjects, including the human figure and wildlife. Her architectural brick and bronze sculptures are noted for aesthetic warmth, strength and beauty. She has completed both public and private commissions.
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34 MASONRY-MAY/JUNE, 1994


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