Local Union No. 80, United Association of Journeymen & Apprentices of the Plumbing, 1325 (1982)

Local Union No. 80, United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States and Canada and Stone & Webster Engineering Corporation and Local Union No. 451, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO. Case 4-CD-536

30 September 1982 DECISION AND DETERMINATION OF

DISPUTE

BY CHAIRMAN DOTSON AND MEMBERS

ZIMMERMAN AND HUNTER

This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following a charge filed by Stone & Webster Engineering Corporation, herein called the Employer, alleging that Local Union No. 80, United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States and Canada, herein called the Respondent or Pipefitters, had violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the Employer to assign certain work to its members rather than to employees represented by Local Union No. 451,

International Association of Bridge, Structural and Ornamental Iron Workers. AFL-CIO, herein called Ironworkers.

Pursuant to notice, a hearing was held before Hearing Officer Margarita Navarro on 4 October;

3, 5, and 8 November; and 8, 9, 13, 17, and 28-30

December 1982. All parties appeared and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.

Upon the entire record in this proceeding. the Board makes the following findings:

  1. THE BUSINESS OF THE EMPLOYER The parties stipulated, and we find, that the Employer, a Massachusetts corporation with its principal place of business in Boston. Massachusetts, is engaged in providing engineering and construction services throughout the United States. During the past year, the Employer provided services to points outside the State having a value in excess of 267 NLRB No. 210 $50,000. The parties also stipulated, and we find, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein.

  2. THE I.ABOR ORGANIZATIONS INVOLVED The parties stipulated, and we find, that Local Union No. 80, United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States and Canada, and Local Union No. 451, International Association of Bridge,

Structural and Ornamental Iron Workers, AFLCIO, are labor organizations within the meaning of Section 2(5) of the Act.

111. THE DISPUTE A. Background and Facts of the Dispute In March 1981,1 Stone & Webster received a contract to construct a methanol unit for the Getty Refining & Marketing Company. Stone & Webster employed ironworkers pursuant to the National Iron Workers Agreement to which it is a party.

Stone & Webster awarded the mechanical contract to Henkles & McCoy which employed pipefitters.

Stone & Webster is also a member of a multiemployer association which has an agreement with the Pipefitters.

On 20 May Stone & Webster held an equipment markup meeting. The purpose of this meeting was to provide representatives of the various unions with a list of the equipment to be installed on the project and to make assignments as to which Union would do the installation. During the meeting the Pipefitters and the Ironworkers agreed that the area practice dictated that the unloading of piping material into a designated storage area, by means of power rigging, was to be performed by ironworkers.

On 30 June another meeting was held to resolve the question of which Union would unload the piping material 'on-site,' that is, near or adjacent to the point of installation. The Pipefitters agreed that employees represented by the Ironworkers were entitled to unload the pipe, by power rigging, at the designated storage area which they agreed was offsite.2

However, -agreement was not reached regarding who would unload the pipe onsite. After this meeting the Employer made the following assignment: (1) unloading of piping material in the designated storage area by power rigging was to be performed by ironworkers; (2) unloading of piping 'All dates herein are in 1981

2 At this point the Employer had designated one storage area and another was not contemplated or discussed by the parties.

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DECISIONS OF NATIONAL LABOR RELATIONS BOARD material in the designated storage area by hand or forklift, unloading to the warehouse, and unloading piping material elsewhere onsite by any means was to be performed by pipefitters.

The Unions complied with the assignment until 20 August. On that date Stone & Webster established a second designated storage area and assigned the work of unloading piping material, by power rigging, to ironworkers. The Pipefitters protested this assignment, arguing that the unloading of piping material anywhere other than the first designated storage area was the pipefitters' work.

The Employer responded that its action was consistent with its previous assignment. The following day the Pipefitters picketed the project causing Stone & Webster to agree to cease unloading pipe at the second storage area while the Unions met in an attempt to resolve the dispute.

On I September, without having received a response from the Unions, the Employer issued a letter reiterating its assignment of work in the second storage area. The next day, as the ironworkers were unloading the pipe at the second storage area...

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