Bricklayers (Sesco, Inc.), 401 (1991)

• Docket Number: 13-CD-00436
• Date: 14 June 1991
• Court: National Labor Relations Board (US)

International Union of Bricklayers & Allied Craftsmen, AFL-CIO and Sesco, Inc. and Architectural and Ornamental Iron Workers Union, Local No. 63, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO and Bridge, Structural and Reinforcing Iron Workers, Local No. 1, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO. Case 13-CD-436

June 14, 1991

DECISION AND DETERMINATION OF DISPUTE

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH

The charge in this Section 10(k) proceeding was filed on February 1, 1991, by the Employer, alleging that the Respondent Bricklayers violated Section 8(b)(4)(D) of the National Labor Relations Act by engaging in proscribed activity with an object of forcing the Employer to continue to assign certain work to employees it represents rather than to employees represented by Iron Workers Local 63 and Local 1. The hearing was held on February 19, 1991, before Hearing Officer Mary Ellen Larson. The Employer and Bricklayers filed posthearing briefs.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board affirms the hearing officer's rulings, finding them free from prejudicial error. On the entire record, the Board makes the following findings.

1. JURISDICTION

   The Employer, Sesco, Inc., an Ohio corporation, is a construction contracting firm engaged in the installation of exterior stone facades. Its principal office is located in Dayton, Ohio, from which it annually provides goods and services valued in excess of $50,000 directly to points outside the State of Ohio. We find that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that the Bricklayers International, Iron Workers Local 63, and Iron Workers Local 1 are labor organizations within the meaning of Section 2(5) of the Act.

2. THE DISPUTE

   1. Background and Facts of Dispute

      In November 1990, general contractor Morse-Diesel International engaged the Employer as a subcontractor responsible for the installation of exterior stonework in the construction of the Heller International building, a high-rise commercial building located at 500 West Monroe, Chicago, Illinois. The stonework installation

      involved utilizing the Sesco unistrut system, a variation of the Ziebell system of using steel ''unistrut'' bars, adjustable clips, bolts, anchors, and locking nuts to attach precut granite slabs to the building's steel skeleton.

      On about January 25, 1991,1 Bricklayers Local 21 President Joe Lozich received notice from the Joint Conference Board of the Construction Employers' Association and the Chicago and Cook County Building and Construction Trades Council (Joint Conference Board) that Iron Workers Locals 63 and 1 had filed a claim to certain work being performed by the Employer on the Heller International building project. Specifically, the Iron Workers claimed the unloading, handling, stockpiling, hoisting, and installation of relief angles to support stone and of multipurpose supports. This work had been assigned by the Employer to its employees represented by Bricklayers. The Employer does not employ ironworkers.

      On about January 29, the Employer's project coordinator, John Steckling, received a telephone call from Bricklayers International Executive Vice President John Flynn. Flynn stated that the Iron Workers were claiming some of the work on the project at 500 West Monroe and threatened that Bricklayers would picket the jobsite if the Employer took any of the work away from the employees represented by Bricklayers. Flynn reiterated the threat to picket in a January 31 letter to the Employer's president, John Malcolm. On February 6, the Joint Conference Board issued a decision in favor of the Iron Workers. The Employer did not acquiesce in that decision.

   2. Work in Dispute

      The work in dispute involves the erection, anchoring, and aligning of exterior stonework, including but not limited to unloading, handling, stockpiling, hoisting, and installation of relief angles to support stone and of multipurpose supports, at the Heller International building project, 500 West Monroe Street, Chicago, Illinois.

   3. Contentions of the Parties

      The Employer and Bricklayers contend that: there is reasonable cause to believe that Bricklayers violated Section 8(b)(4)(D) of the Act; no voluntary means exists for adjustment of the jurisdictional dispute; and the work in dispute should be awarded to employees represented by Bricklayers based on the factors of its collective-bargaining agreement with the Employer, the Employer's preference and past practice, area and industry practice, relative skills, and economy and efficiency of operations.

      1 All dates are in 1991, unless otherwise indicated.

      Although afforded notice and opportunity to appear at the hearing, neither Iron Workers Local 63 nor Iron Workers Local 1 made an appearance. Further, neither union filed a posthearing brief. Consequently, these Unions have made no...