Masonry Magazine February 1987 Page. 48
NLRB DECISION
continued
B. Work in Dispute
The disputed work involves the mason-tending forklift work which was assigned to employees represented by the Laborers by Bill Dentinger, Inc., the masonry subcontractor for Hutter on the Medium Security Prison project in Oshkosh, Wisconsin.
C. Contentions of the Parties
Hutter contends that the mason-tending forklift work should be awarded to employees represented by the Laborers based upon employer preference, economy and efficiency, collective-bargaining agreements, and an arbitration award.
Dentinger contends that the work in dispute should be awarded to employees represented by the Laborers.
The Laborers contends that the employees it represents have a contractually based claim for the work in dispute and are preferred by Dentinger, and that these factors, combined with industry and area practice, operational efficiency, and skill and training, require an award of the work to employees it represents. Both Hutter and the Laborers seek an award of the mason-tending forklift work to employees represented by the Laborers on jobsites throughout the State.
The Engineers contends that it successfully processed a grievance against Hutter for breach of the Area II contract's subcontracting clause; that an arbitrator issued an opinion and award favorable to the Engineers; that Hutter, Dentinger, the Laborers District Council, and the Laborers Local 1086 conspired to create a job incident sufficient to support an unfair labor practice which would lead to this 10(k) hearing in which the Laborers would prevail: that the Engineers has never demanded that Dentinger violate its contract with the Laborers, nor that Dentinger change its forklift assignment to employees represented by the Engineers; that the Engineers has only demanded that Hutter comply with the opinion and award of the arbitration; that the processing and administration of these charges are a sham and fraud upon the Board; and that the Laborers has maliciously, with the knowledge and consent of Hutter and Dentinger, created an 8(b)(4)(D) violation in order to prevail in the 10(k) hearing, thereby relieving Hutter from its duty to comply with the arbitrator's opinion and award.
Finally, the Engineers moved to dismiss the charge as untimely pursuant to Section 10(b) of the Act, because the conduct occurred in August 1984 and the charges were filed on or about 7 November 1985.
D. Applicability of the Statute
Before the Board may proceed with a determination of the dispute pursuant to Section 10(k) of the Act, it must be satisfied that there is reasonable cause to believe that Section 8(b)(4)(D) has been violated and that the parties have not agreed upon a method for the voluntary adjustment of the dispute.
The charges herein allege violations of Section 8(b)(4)(D) of the Act. In a letter dated 19 April 1985 the Laborers notified Dentinger that if there were any change in the forklift operator, "Laborers Local 1086 will take any recourse it takes to maintain our work." On 16 September 1985 the Laborers notified Dentinger that:
These rights that the Laborers Union will exercise, may include litigation against your company for violation of the Collective Bargaining Agreement, picketing to inform the other crafts and the public of the jurisdictional claim of the Laborers Union and a withdrawal of laborers from the job site in order to enforce the jurisdictional claim of the Laborers Union.
On 7 November 1985 employees represented by the Laborers picketed the main entrance to the prison project to protest the assignment of the work in dispute to the Engineers. A 1-day work
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48 MASONRY-JANUARY/FEBRUARY, 1987