IBEW, Local 3

National Labor Relations Board - Board Decisions

Mar 20, 1973

202 N.L.R.B. 544 (N.L.R.B. 1973)

544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 3, International Brotherhood of Electrical Work-
ers, AFL-CIO and Hylan Electric Company, Inc.
and Local 363, International Brotherhood of Team-
sters , Chauffeurs , Warehousemen and Helpers of
America . Case 29-CD- 136
March 20, 1973
DECISION AND DETERMINATION OF
DISPUTE
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
This is a proceeding under Section 10(k) of the
National Labor Relations Act, as amended, follow-
ing a charge filed by Hylan Electric Company, Inc.,
hereinafter called the Company, alleging that Local
3, International Brotherhood of Electrical Workers,
AFL-CIO, herein called Local 3, violated Section
8(b)(4)(D) of the Act. A hearing was held before
Hearing Officer Richard J. Roth on November 8,
1972. All parties appearing were afforded full
opportunity to be heard, to examine and to cross-
examine witnesses, and to adduce evidence bearing
upon the issues. Thereafter, Respondent and the
Charging Party filed briefs.'
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 case, the Board
makes the following findings:
I. THE BUSINESS OF THE COMPANY
The Company is a New York corporation engaged
in all aspects of electrical work, including the buying,
selling, renting, installing, repairing, and servicing of
electric lights, appliances, fixtures and implements,
motors and machines. During the 12 months preced-
ing the hearing, the Company received electrical
supplies valued at $60,000 in direct shipments from
out-of-State suppliers. We find that the Company is
engaged in commerce within the meaning of the Act
and that it will effectuate the policies of the Act to
assert jurisdiction herein.
II. THE LABOR ORGANIZATIONS INVOLVED
The Respondent, Local 3, International Brother-
hood of Electrical Workers, AFL-CIO, and Local
363, International Brotherhood of Teamsters, Chauf-
i On December 11, 1972, Respondent filed a motion seeking to quash the
Notice of Hearing issued in the present case on the grounds that the issue
feurs, Warehousemen and Helpers of America
(herein Local 363), are labor organizations within the
meaning of the Act.
III. THE DISPUTE
A. Background and Facts of the Dispute
Malone-Victoria Corporation has a contract for the
construction of three garden apartment buildings at a
site located at 101-111-121 Lyman Avenue, Staten
Island, New York. There is only one entrance to the
site at which all deliveries and employees enter for all
employers working on the project. In early June 1972
Malone-Victoria employed Hylan Electric as a
subcontractor to perform electrical work on the
apartments. On June 30, 1972, members of Local 3
picketed the entrance with signs stating that area
wage standards were not being maintained in
connection with the construction. Koziol, president
of Malone-Victoria who was present at the time,
asked that a Local 3 delegate be summoned. When
the Local 3 business representative, Tacvor, arrived,
Koziol inquired about the picketing and informed
him there were no electricians on the job. Tacvor
responded by informing Koziol that he should select
his subcontractors only from Local 3 contractors,
and that if he failed to do so he would have "trouble"
on the job. Tacvor then provided Koziol with the
names of two Local 3 contractors, and removed the
pickets. Vaccaro, president of Hylan, met with a
Local 3 delegate at Local 3's office in July 1972 but
declined to enter into any contract with that Union
on the grounds that the Company had a current
contract with Local 363, International Brotherhood
of Teamsters, representative of its electricians.
Thereafter, on August 18, 1972, Tacvor went to the
construction site and informed Koziol there would
be "a problem" at the site due to Hylan's presence as
a subcontractor. Local 3 began picketing the Lyman
Avenue site on August 21, 1972, and the pickets
posted caused other laborers and mechanics to
refrain from entering or working at the Lyman
Avenue project.
B. The Work in Dispute
The work in dispute involves the installation of
electrical wiring and other electrical equipment at a
garden apartment construction site located at
101-111-121 Lyman Avenue , Staten Island, New
York.
presented is moot, and that no jurisdictional dispute exists We hereby deny
that motion as lacking in merit
202 NLRB No. 82
IBEW , LOCAL 3
C. The Contentions of the Parties
Respondent Local 3 contends that no jurisdictional
dispute exists in the present case since it has picketed
the Lyman Avenue site with signs which merely seek
to assure that area wage standards will be observed
on the apartment project. In this regard Respondent
emphasizes that its picket signs did not identify
Hylan Electric as the electrical contractor working at
the Lyman Avenue site.
The Charging Party contends that a jurisdictional
dispute clearly exists in view of the demands made
by Tacvor, business representative of Local 3, upon
the general contractor that a subcontractor utilizing
employees represented by Local 3 perform electrical
work at the Lyman Avenue construction site , and the
threats by Local 3 that unless such a subcontractor
was used, there would be "problems" or "trouble" at
the project.
D. Applicability of the Statute
Before the Board may proceed to the determina-
tion of a dispute pursuant to Section 10(k) of the Act,
it must be satisfied that (1) there is reasonable cause
to believe that Section 8(b)(4)(D) has been violated,
and (2) the parties have not agreed upon a method
for the voluntary adjustment of the dispute.
We find no merit in the contention of Respondent
that no jurisdictional dispute exists because it was
merely seeking to preserve prevailing area standards
in insisting that a subcontractor utilizing Local 3
employees be assigned the electrical installation work
by the general contractor Victoria-Malone.2
The demand by Respondent's business agent,
Tacvor, upon Koziol, president of the general
contractor, that a subcontractor utilizing employees
represented by Local 3 be assigned the electrical
installation work at the Lyman Avenue site, and the
threat by Tacvor that otherwise there was going to be
trouble on the job, negative the contention that
Respondent was merely seeking to preserve wage
standards and show a definite attempt to compel an
assignment of the electrical work at the Lyman
Avenue project to Local 3. Moreover, the record
contains no evidence that the parties have agreed
upon any method for the voluntary adjustment of
work disputes. Accordingly, we find that there is
reasonable cause to believe that a violation of
Section 8(b)(4)(D) has occurred and that the dispute
is properly before the Board for determination under
Section 10(k) of the Act.
2 The business agent of Local 3 admitted readily on cross -examination
that he did not know what wage rate was being paid the electricians
employed by Hylan at the Lyman Avenue construction site
3 N L R B v Radio & Television Broadcast Engineers Union, Local 1212,
545
E. Merits of the Dispute
Section 10(k) of the Act requires the Board to make
an affirmative award of disputed work after giving
due consideration to various factors.3 The Board has
held that its determination in a jurisdictional dispute
is an act of judgment based on common sense and
experience reached by balancing those factors
involved in a particular case.4
1. Collective-bargaining agreement
Hylan Electric Company employs electricians who
are members of Local 363 and has a current contract
with that labor organization through an employer
association. It employs no electricians who are
members of Local 3 and has no contract with that
Union.
2. Company and industry practice
According to William Vaccaro, president of Hylan
Electric, the nature of the work involved at the
Lyman Avenue project is the installation of electric
wiring, feeders and control systems, service equip-
ment, and fixtures to comprise a complete electrical
system. He testified that electricians capable of such
work in the Staten Island area generally are those
who have completed a recognized 5-year apprentice-
ship program. Vaccaro further testified that, al-
though electricians in Local 3 may also meet this
requirement, he regularly assigns such complete
electrical installation jobs to Hylan's own electricians
represented by Local 363, because they have been
performing such duties in close association with
himself for about 12 years on Staten Island. In this
regard Vaccaro testified that he is a licensed master
electrician and that he normally utilizes no interme-
diate job superintendents in performing electrical
installation work, relying instead upon the dedication
and industry of his employees and his own ability to
scrutinize their work. The record contains no
evidence that members of Local 3 possess any greater
skills or efficiency in performing electrical installa-
tion work than Hylan's electricians functioning
under Vaccaro.
3. Economy and efficiency
The record shows that the work involved at the
Lyman Avenue garden apartment project, namely
the installation of complete electrical systems includ-
ing necessary equipment, is a task which is by
industry and trade practice performed by journey-
International Brotherhood of Electrical Workers, AFL-CIO [Columbia
Broadcasting System], 364 U S 573
4 International Association of Machinists, Lodge No 1743, AFL-CIO (J
A Jones Construction Company), 135 NLRB 1402
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men electricians who have completed a 5-year
apprenticeship program. Vaccaro, president of Hylan
Electric, contends that his own qualifications as a
licensed master electrician enabling him to check his
own projects daily without the need of intermediate
superintendents and a working relationship between
himself and electricians who have worked with him
for from 10 1/2 to 12 years assure a production
factor which is more favorable than he could expect
to achieve utilizing Local 3 members at the Lyman
Avenue location.
Conclusions
Upon consideration of all the pertinent factors in
this case, we shall affirm Hylan's assignment of the
disputed work to its own electricians represented by
Local 363. In doing so in a situation where
electricians of Local 363 and Local 3 have equally
qualified journeymen electricians under trade ap-
prenticeship programs, we give weight to the Compa-
ny's already established collective-bargaining agree-
ment with Local 363 as representative of its journey-
man electricians, to the long employment relation-
ship existing between Vaccaro and a number of
electricians who have worked under his personal
direction as a master electrician on a number of
Staten Island projects over a period of from 10 to 12
years, and to the economy and efficiency inherent in
Vaccaro's own ability to manage his - electrical
contracting without intermediate superintendents.
We find in the present record no reason to disturb
the Company's assignment of the disputed work to
its own journeyman electricians.5 In making this
determination, we are assigning the disputed work to
the employees of the Company who are represented
by Local 363 but not to that union or its members.
Our 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 Dis-
pute:
1. Employees of Hylan Electric Company, Inc.,
who are currently represented by Local 363, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, are entitled to
perform the work of installing electrical wiring and
other electrical equipment at a construction site
located at 101-111-121, Lyman Avenue, Staten
Island, New York.
2. Local' 3, International Brotherhood of Electri-
cal Workers, AFL-CIO, is not entitled by means
proscribed by Section 8(b)(4)(D) of the Act to force
or require Hylan Electric Company, Inc., to assign
the above-described electrical work to employees
represented by it.
3. Within 10 days from the date of this Decision
and Determination of Dispute, Local 3, International
Brotherhood of Electrical Workers, AFL-CIO, shall
notify the Regional Director for Region 29, in
writing, whether or not it will refrain from forcing or
requiring Hylan Electric Company, Inc., by means
proscribed by Section 8(b)(4)(D) of the Act, to assign
the work in dispute to employees represented by
Local 3, International Brotherhood of Electrical
Workers, AFL-CIO, rather than to employees
represented by Local 363, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Help-
ers of America.
5 Local 3, International Brotherhood of Electrical Workers, AFL-CIO
(Todd Electric Corp), 158 NLRB 410