Masonry Magazine October 1982 Page. 37
disputes between the Laborers and the Operating Engineers over
disputes between the Laborers and the Operating Engineers over the operation of forklifts in connection with masonry work at various construction sites throughout the State of Wisconsin. The work was awarded to the Operating Engineers in all of the decisions, and it is therefore the contention of the Operating Engineers that this factor favors an award of the disputed work to employees whom it represents.
On previous occasions the Board has refused to accord significant weight to such awards when they fail to explicate the factors upon which they are based. In the instant case the awards consist of brief letters which rely on either the 1954 agreement between the two Internationals, discussed supra, or a 1907 decision apparently made by the American Federation of Labor. The letters do not set forth any other factors as a basis for the award. As indicated above, we do not attach any weight to the 1954 memorandum of understanding, and the record sheds little light on the 1907 decision by the American Federation of Labor. Moreover, we note that the Employer is not obligated to submit any dispute to the Impartial Jurisdictional Disputes Board, and the decisions submitted in evidence are not binding on the Employer. We therefore accord the decision no weight in determining the award of the disputed work.
7. Employer preference
The Employer originally assigned the disputed work to employees represented by the Laborers, and it has expressed its clear preference that the disputed work be awarded to those employees. Accordingly, we find that this factor favors an award to employees represented by the Laborers.
Conclusion
Upon the record as a whole, and after full consideration of all relevant factors involved, we conclude that employees who are represented by the Laborers are entitled to perform the work in dispute. We reach this conclusion relying on the factors of the collective-bargaining agreements, employer practice, and employer preference. In making this determination, we are awarding the work in question to employees who are represented by the Laborers, but not to the Union or its members. The present determination is limited to the particular controversy which gave rise to this proceeding.
DETERMINATION OF DISPUTE
Pursuant to Section 10(k) of the National Labor Relations Act, as amended, and upon the basis of the foregoing findings and the entire record in this proceeding, the National Labor Relations Board hereby makes the following determination of dispute:
1. Employees of McWad, Inc., who are represented by Laborers International Union of North America Local 1359 are entitled to perform the work of operating forklifts and skid loaders used in connection with McWad, Inc.'s masonry work at the construction site of the Employer's Insurance of Wausau Training Center in Wausau, Wisconsin.
2. International Union of Operating Engineers, Local No. 139, is not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force or require McWad, Inc., to assign the disputed work to employees represented by that labor organization.
3. Within 10 days from the date of this Decision and Determination of Dispute, International Union of Operating Engineers, Local No. 139, shall notify the Regional Director for Region 30, in writing, whether or not it will refrain from forcing or requiring the Employer, by means proscribed by Section 8(b)(4)(D) of the Act, to assign the disputed work in a manner inconsistent with the above determination.
Dated. Washington, D.C. July 27, 1982
Howard Jenkins, Jr.,
Member
Don A. Zimmerman,
Member
Robert P. Hunter.
Member
NATIONAL LABOR RELATIONS BOARD
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