Local 361, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO

National Labor Relations Board - Board Decisions

Jun 4, 1974

211 N.L.R.B. 106 (N.L.R.B. 1974)

106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 361, International Association of Bridge , Struc-
tural and Ornamental Iron Workers, AFL-CIO
and Concrete Casting Corp . and New York District
Council, United Brotherhood of Carpenters and
Joiners of America, AFL-CIO. Case 29-CD-153
June 4, 1974
ORDER AMENDING DECISION AND
DETERMINATION OF DISPUTE
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
On February 19, 1974, the National Labor Relat-
ions Board issued a Decision and Determination of
Dispute ' in the above-entitled proceeding in which
the Board awarded the work in dispute to employees
of Concrete Casting Corp. represented by Carpen-
ters , the award to cover the geographical jurisdiction
of Iron Workers, Local 361.
On March 29, 1974, Allied Building Metal Indus-
tries , Inc., hereinafter called Allied , filed a motion for
permission to intervene and for reopening of the
record , or, in the alternative, for reconsideration or
for deferral of further action pending proceedings
under the "New York Plan" for the settlement of
jurisdictional disputes. On April 2, 1974, Iron
Workers, Local 361, filed a motion for reopening of
the record or for reconsideration or deferral. Con-
crete Casting Corp. and Carpenters have filed
opposition to these motions.
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.
Allied asserts an interest in this proceeding
warranting intervention on the basis of its represent-
ation in collective bargaining of 73 employer-mem-
bers , many of whom engage in construction of the
type involved herein, under contracts with Iron
Workers , Locals 361 and 40, which require assign-
ment of work of the type involved here to employees
represented by those locals . We are persuaded that
1 209 NLRB No. 30.
the interests of Allied and its members who employ
employees to perform the kind of work in dispute
here, within the geographical jurisdiction of Iron
Workers, Local 361, are sufficient to warrant
allowing Allied to intervene in support of the motion
made by Iron Workers, Local 361.
We find no merit in that motion. However, insofar
as the work award in our original Decision goes
beyond the immediate job at which the alleged
violation of Section 8(bX4)(D) took place, we believe
that the interests of Allied and its members should be
considered . While the evidence which Allied now
asks us to receive is insufficient to change our
determination with respect to the immediate job
involved in the dispute, we think it unwise to
foreclose Allied or other interested parties from
presenting evidence on the merits in any future
similar dispute within the territory of Local 361.
Therefore, although it is still apparent that the
dispute originally before us is a continuing one, we
shall limit our award to the jobsite at which a
violation was charged.
ORDER
It is hereby ordered that the Board's Determination
of Dispute be amended as follows:
Delete paragraph 1 and substitute the following:
"1. Employees employed by Concrete Casting
Corp. who are represented by New York District
Council, United Brotherhood of Carpenters and
Joiners of America, AFL-CIO, are entitled to
perform the work of erecting and installing a
prefabricated building having a framework of light-
weight structural steel and prefinished metal siding at
its jobsite at Public School No. 70, in Astoria,
Queens County, New York."
IT IS HEREBY FURTHER ORDERED that in all other
respects the motions of Iron Workers, Local 361, and
Allied, for reopening of the record , for reconsidera-
tion, or for deferral of further action be, and they
hereby are, denied as lacking merit.
211 NLRB No. 39