Local 690, Etc., Plumbing & Fitting Industry, 496 (1964)

the 'technical representatives' are dissimilar from the 'technicians,' the Employer appears to rely primarily on the fact that some of the 'technical representatives' work closely with the Employer's customers. But the record shows that even then the 'technical representatives' continue to perform mechanical work, and such incidental contact as some 'technical representatives' have with customers does not, in our view, diminish their primary function as technicians engaged in such mechanical work. Moreover, at some field sites there are no customers, and technical representatives do work exclusively for the Employer. In sum, there appears to be little fundamental difference between the work of 'technical representatives' and that of technicians working in the field who, we have found, are covered by the certification. We conclude, therefore, that employees in 'technical representative' classifications are covered by the certification while on temporary field assignment.

Both the Petitioner and the Employer would exclude 'technicians' and 'technical representatives' who are permanently assigned to the field. Accordingly, we shall grant the Petitioner's motion for clarification and include in the unit all of the Employer's employees working in 'technician' or 'technical representative' classifications at the Employer's plants in Erie and Niagara Counties, in the State of New York, who are temporarily assigned to field duty outside those counties, but we shall exclude all employees in 'technician' or 'technical representative' classifications who are permanently transferred outside those counties.' [The Board clarified the certification by specifying that the employees in 'technician' or 'technical representative' classifications at the Employer's plants in Erie and Niagara Counties, New York, who are temporarily assigned to field duty outside those counties are included in the aforesaid unit.] 7 See J. I. Case Company, 105 NLRB 638, 640.

Local 690, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO and Pipe Linings, Inc. and Laborers District Council of the Metropolitan Area of Philadelphia and Vicinity, Local 57, International Hod Carriers Building and Common Laborers Union of America, AFL-CIO. Case No.

4-CD-115. December 16, 1964 DECISION AND DETERMINATION OF DISPUTE

This is a proceeding under Section 10(k) of the Act, following a charge filed by Pipe Linings, Inc., herein called the Company, 150 NLRB No. 48.

LOCAL 690, ETC., PLUMBING & PIPE FITTING INDUSTRY 497 alleging that' Local 690, 'United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO, herein called the Respondent or Local 690, had violated Section 8(b) (4) (D) of the Act by inducing or encouraging employees of the Company to cease work for the purpose of forcing or requiring the Company to assign the work in dispute to employees who are members of the Respondent rather than to employees who are represented by Laborers District Council of the Metropolitan Area of Philadelphia and Vicinity, Local 57,

International Hod Carriers, Building and Common Laborers Union of America,-AFL-CIO, herein called Laborers or Local 57. A hearing was held before Hearing Officer Alfred Vitarelli, on various dates between September 9 and 22, 1964. All parties appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues. Thereafter, briefs were filed by the Company, the Respondent, and the Laborers.

Upon the entire record in the case, the Board 1 makes the following findings :

  1. The business of the Company Pipe Linings, Inc., a California corporation, is engaged in the business of cleaning and lining water mains throughout the United States and some foreign countries. During the past year, the Company provided services to customers outside the State of California valued at more than $50,000 and had a gross volume of business in excess of $1,000,000. We find that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein.

  2. The labor organizations involved The Respondent and the Laborers are labor organizations within the meaning of Section 2 (5) of the Act.

  3. The dispute A. The work in issue The work in dispute is the setting up and dismantling of a temporary water distribution system (known as bypass work, or the HiLine), which is an integral part of the process of cleaning and lining of water mains on Race Street, between 52d and 65th Streets, in Philadelphia, Pennsylvania.

    'Pursuant to the provisions of Section 3(b) of the Act , the Board has delegated its powers in connection with this case to a three -member panel [ Chairman McCulloch and Members Leedom and Jenkins].

    1. The basic facts In 1955 the city of Philadelphia embarked on a program for the continuous improvement of its water distribution system. An integral segment of the program consisted of cleaning and lining old and deteriorated water mains.

      In January 1964 the city awarded a contract to the Company for the cleaning and relining of certain water mains in the city. In March 1964 Perry, the Company's job superintendent, arrived in Philadelphia to plan and engage workmen for the job. In addition to hiring laborers, operating engineers, and a teamster, Perry called Magnatta, a plumbing contractor, and requested the services of a master plumber for the inspection and repair of any leaks or anything that was actually plumbers' work.2 When the work was about to begin, Perry contacted Magnatta who came to the jobsite with a plumber. Perry gave the,plumber instructions to inspect the temporary service line, check cellars for leaks, fix or report the leaks, and maintain a logbook record of all leaks discovered. After 1 week on the job, Perry became dissatisfied with the plumber's work and requested a replacement. Thereupon, Magnatta came out to the jobsite with a replacement, Kingsmill, who was given the same instructions. Kingsmill worked on the job for a number of weeks. On Monday, June 15, after a series of complaints from residents concerning his work, Kingsmill was told 'to turn in his tools.' The next morning, June 16, Perry requested Magnatta to furnish another replacement. That afternoon, a plumber, Antonetti, reported to Perry, stating he had been sent from the Plumbers' union but wasn't sure whether he was to report to the pipelining job or another job on the next street. Perry replied that his plumbers were sent by Magnatta. Later that afternoon, Antonetti returned to the jobsite with Peter Sinnott, the business agent for Local 690. Perry again stated that he obtained his plumbers from Magnatta, to which Sinnott replied 'that he would see about that.' The next morning, June 17, Antonetti appeared at the jobsite with Magnatta. After being informed of his duties, Antonetti was excused for the afternoon but worked the next 2 days. On Friday,

      June 19, the temporary water service and pipelining operations had caught up with the pipe-cleaning operation. In this situation, Perry decided to concentrate on cleaning the mains for a few days in order to get sufficiently ahead on this work so that opportunity would be 2 The specifications contained in the contact awarded to the Company provided that:

      All work on service connections shall be done only under the direction of a licensed master plumber and by proper authority and advice of a representative of the Service Section of the water operations . . . . Full liability for all service connection work on any premises shall be assumed by the Contractor.

      LOCAL 690 , ETC., PLUMBING & PIPE FITTING INDUSTRY 499 provided for other parts of the job to proceed . With no...

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