Local 98, Plumbers

422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local 98, United Association of Journeymen and Ap- prentices of the Plumbing and Pipe Fitting Indus- try of the United States and Canada, AFL-CIO, and Consumers Power Company and Utility Work- ers Union of America , AFL-CIO, and its Michigan State Utility Workers Council. Cases 7-CD-187 and 7-CD-192 January 29, 1968 DECISION AND DETERMINATION OF DISPUTES BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND BROWN This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, follow- ing charges filed by Consumers Power Company, herein called the Company, alleging that Local 98, United Association of Journeymen and Ap- prentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, herein called the Plumbers, has violated Section 8(b)(4)(D) of the Act. A hearing was held before Hearing Officer Francis A. Mastro on October 9, 10, and 11, 1967. The Company, the Plumbers, and Utility Workers Union of America, AFL-CIO, and its Michigan State Utility Workers Council, herein called Utility Workers, appeared at the hearing and were afforded full opportunity to be heard, to ex- amine 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 Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. The rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed. Briefs have been filed by the Com- pany and the Utility Workers. No brief has been filed by the Plumbers. Upon the entire record in this proceeding, the Board makes the following findings: 1. THE BUSINESS OF THE COMPANY The Company, a Maine corporation with its general offices located in Jackson, Michigan, is a public utility engaged in the distribution and sale of gas and electric power in the State of Michigan. During 1966, the Company purchased goods and materials valued in excess of $500,000, which were shipped to it from points outside the State. We find that the Company 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. II. THE LABOR ORGANIZATIONS INVOLVED We find that the Plumbers and the Utility Work- ers are labor organizations within the meaning of Section 2(5) of the Act. III. THE DISPUTES A. The Work in Issue; Background Facts In Case 7-CD-187, the work dispute arose at the Farmington Village Co-op housing project in Farmington Township, Michigan, referred to herein as the Farmington project, where several apartment and townhouse buildings are under construction. In Case 7-CD-192, the dispute also occurred at a housing project, The Glens of Bloomfield, in Bloomfield Township, Michigan, herein called the Bloomfield project. At each project, at the request of the respective land developers, the Company has installed a cen- tral gas meter just inside the property line.' At the Farmington project, the disputed work concerns the installation of gas mains and gas service lines from the central meter to the individual buildings. The disputed work at the Bloomfield project concerns the installation of gas post lights at outdoor loca- tions between the central meter and the individual buildings, including the setting of bases, posts, and lamps, and the tapping of gas mains and gas service lines to connect the gas post lights. At both pro- jects, the Company has assigned the work to its em- ployees who are represented by the Utility Work- ers. The Plumbers claims that. its members are en- titled to the work. In the centrally metered housing projects in- volved herein, a combination of gas mains and gas service lines are used for the distribution of gas. A gas main is pipe having a diameter of 2 inches or larger from which gas service lines (pipes having a diameter of five-eighths of an inch) are extended to individual buildings. This main runs from a street gas main to the central meter and continues from the meter through the grounds of the project. From various points along the main, service lines are at- tached which run to a regulator affixed to each building.2 The gas post lights involved at the Bloomfield project have regulators installed at the base of each post, each post being connected to a gas service line which runs to a gas main. Two groups of the Company's employees are in- volved in this proceeding. Employees in the gas dis- tribution department are engaged in the construc- tion, installation, and maintenance of gas mains and ' This system of measuring the total gas consumption from a central meter is in contrast to the meter which is installed for each tenant within an apartment building, or the use of one meter for an entire building. 2 A regulator is a device which reduces the gas pressure in gas mains and service lines from 2 to 60 pounds per square inch to utilization pres- sure of one-fourth pound per square inch. 169 NLRB No. 88 LOCAL 98, PLUMBERS gas service lines; these employees work in crews of seven or eight employees and are also known as gas line or outside groups. Employees in the gas customer service department are engaged in the in- stallation, servicing, and repairing of fuel lines and gas appliances inside buildings, and also install, ser- vice, and repair appliances such as gas post lights, swimming pool heaters, and cooking grilles outside of buildings. On outside work, a gas service crew consists of two employees, who also install central gas meters and regulators. At the Farmington project, the disputed work of installing gas mains and service lines between the central meter and the individual buildings is per- formed by employees in the gas distribution group. Each crew consists of a gas linesman, two street utility men, a welder, a trenching machine operator, and two unskilled workers. The trenching machine operator operates a machine which digs a trench 30 inches deep. After the trench or ditch is cleared of stones and other debris, sections of 4-inch steel pipe are laid and welded together by the welder, and the welded joints are then coated and wrapped. At- tached to this 4-inch main is a 2-inch main which runs along the perimeter of the project and which is installed by the same work methods as the 4-inch pipe. Using similar methods, gas service lines of copper tubing (five-eighths of an inch diameter) are connected to either the 4- or 2-inch mains and then connected to the regulator on each apartment build- ing. After all mains and service lines are blown out with air and subjected to tests, the actual tapping of the service lines into the mains is made. The backfilling of all trenches with dirt completes the in- stallation. Some of the gas mains and service lines at the Farmington project were installed by employees of a subcontractor of the Company who followed the same work methods described above and used materials furnished by the Company. The subcon- tractor's employees were classified as operating en- gineers, welders, and laborers. Bert L. Smokler and Company, herein called Srnokler, Is the general contractor at the Farming- ton project and has subcontracted the indoor plumbing and heating work to B. & G. Plumbing and Heating Company, herein called B. & G. The record shows, as stipulated by the parties, that on or about June 19, July 6, and July 10, 1967, agents of the Plumbers demanded that the Company assign the work in dispute at the , Farmington project to employees (plumbers) who are represented by the Plumbers, rather than to ,employees of the Com- pany or any other employees not represented by the Plumbers. To enforce these demands, the Plumbers threatened the Company, Smokier, and B. & G. on or about July 6 with a work stoppage and the 3 The gas mains and gas service lines at the Bloomfield project were in- stalled by employees of the Company's gas distribution group with the 423 removal of all plumbers from the project, and in- duced employees of B. & G. to engage in a work stoppage; and on or about July 10, the Plumbers began picketing the project and ordered, requested, and appealed to the employees of B. & G. and em- ployees of other subcontractors to cease work for their respective employers. As a result of the Plum- bers' conduct, the employees of B. & G. ceased work while the Company's employees were per- foming the disputed work. Subsequently, the picketing activities ceased and all work was resumed. At the Bloomfield project, the disputed work of installing gas post lights at outdoor locations between the central meter and the individual buildings is performed by crews of employees in the Company's gas service group. Each crew consists of an installation man and a helper. These em- ployees assemble the various components of the post lights, install a regulator at its base, and tap the gas tubing inside the post to a gas service line, which is hooked up to a 2-inch gas main that runs to the central meter.3 Robinson Brothers, Incorporated,' herein called Robinson, is the general contractor at the Bloom- field 'project and has subcontracted the indoor plumbing and heating work to Prince Plumbing and Heating Company, herein called Prince. The record shows, as stipulated by the parties, that on or about August 11, 15, and 22, 1967, agents and represent- atives of the Plumbers demanded that the Com- pany assign the work in dispute at the Bloomfield project to employees (plumbers) who are represented by the Plumbers, rather than to em- ployees of the Company or other employees not represented by the Plumbers. In furtherance of these demands, the Plumbers, on or about August 15, 1967, and between August 22 and September 13, 1967, induced employees of Prince to cease work. B. Applicability of the Statute In a proceeding under Section 10(k) of the Act, the Board- is only required to find that there is reasonable cause to believe that Section 8(b)(4)(D) has been violated before making a determination of the dispute out of which the alleged unfair labor practices have arisen. As shown above, there is evidence that the Plumbers claimed the work in dispute for its members and threatened a strike at the Farmington project, and induced employees at the Farmington and Bloomfield projects to strike in furtherance of its demands. We find that there is reasonable cause to believe that the Plumbers en- gaged in the foregoing conduct with an object of forcing the Company to reassign the disputed work same work methods applied at the Farmington project, but this work is not in dispute at Bloomfield. 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD at the two projects involved. Accordingly, the disputes are properly before the Board for deter- mination. C. Merits of the Disputes Section 10(k) of the Act requires the Board to make an affirmative award of disputed work after giving due consideration to various relevant factors. The following factors are relevant in making a determination of the disputes now before us. 1. Collective-bargaining history Since 1942, when the Utility Workers predeces- sor was certified by the Board for all of the Com- pany's operating, maintenance , and construction employees, including the employees to whom it has assigned the disputed work herein, the Company has been in contractual relations with the Utility Workers and its predecessor covering all these em- ployees. The Company has never been a party to a collective-bargaining agreement with the Plumbers. 2. Company and area practice Since the advent of centrally metered housing projects, the installation of gas mains and service lines, and gas post lights , has been performed by the Company's employees or by employees of subcon- tractors of the Company. Although the subcontrac- tors' employees doing this work in dispute have been represented by various unions, it does not ap- pear that any of them have been plumbers represented by the Plumbers. While engaged in this work, the Company's employees exercise the same skills and utilize the same work methods as used in noncentrally metered projects during the many years before the centrally metered system was adopted, and even before the employees were first represented by the Utility Workers. The Plumbers claim to the work in dispute seems to be based upon an asserted practice of its mem- bers performing work "downstream from the me- ter." This is a reference to inside work which is per- formed where a meter is inside or on the face of a building. But the outside work in dispute herein in- volves different skills and work methods. There is evidence that plumbing contractors in the area have the equipment and manpower to per- form some of the disputed work at centrally me- tered housing projects , except for tapping into live, gas mains and service lines . If plumbers represented by the Plumbers who work for these contractors were to be assigned to the laying and joining of pipe , the Plumbers concedes that the remaining work of "trenching, digging and opera- tion of equipment, et cetera, [would] be performed by other employees belonging to other unions." Plumbing contractors in the area have employed plumbers for the laying and joining of pipe in some commercial or industrial installations where the "in- frequent situation of a meter pit" was located at a distance from the building. One contractor has in- stalled gas post lights using plumbers, who did the work of installing fuel lines from valves previously placed on gas lines by the Company's employees. 3. Skills of the employees The Company's employees have had extensive experience and special training in installing gas mains and service lines, and gas post lights at cen- trally metered housing projects, and have had more experience in performing such work than em- ployees represented by the Plumbers, especially the tapping of live gas mains. 4. Efficiency and economy of operations The Company's employees perform most of their outside work during the months when weather con- ditions are favorable. In the winter months, when maintenance repairs and gas leaks are at their peak, the Company is also able to assign these employees to such work. The Company is thus in a position to utilize its employees in a manner which provides for year-round employment of a highly trained, stable work force, whose effectiveness would be substan- tially diminished if employees represented by the Plumbers were to replace employees of the Com- pany to perform the work in dispute. Having considered all the relevant factors, we be- lieve that the employees represented by the Utility Workers are entitled to the work in dispute. We rely primarily on the long bargaining history between the Company and the Utility Workers covering the employees now engaged in the " installation of gas mains , service lines, and gas post lights ; the fact that these employees are sufficiently skilled to per- form the work and have done so to the satisfaction of the Company, which desires to continue to utilize them; and that the use of the Company's employees provides an efficient and economical operation.4 Accordingly, we shall determine the jurisdictional disputes by deciding that employees represented by the Utility Workers are entitled to the work in dispute at the Farmington and Bloomfield projects. In making this determination , we are assigning the disputed work to the employees of the Company who are represented by the Utility Workers, but not to that union or its members. Our determination is limited to the particular controversies that gave rise to this proceeding. * See United Association ofJourneymen and Apprentices of the Plumb- United Association of Journeymen and Apprentices of the Plumbing and ing and Pipe Fitting Industry of the United States and Canada, Local No. Pipe Fitting Industry of the United States and Canada, Local No. 573, 481, AFL-CIO (Northwest Natural Gas Company), 163 NLRB 454; AFL-CIO; (Northwest Natural Gas Company), 156 NLRB 1070. LOCAL 98, PLUMBERS 425 DETERMINATION OF DISPUTES 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 makes the following Determination of Disputes: 1. Employees of Consumers Power Company, who are represented by Utility Workers Union of America, AFL-CIO, and its Michigan State Utility Workers Council, are entitled to perform the instal- lation of gas mains and gas service lines from the central meter to the individual buildings at the Farmington Village Co-op housing project, Farmington Township, Michigan. 2. Employees of Consumers Power Company, who are represented by Utility Workers Union of America, AFL-CIO, and its Michigan State Utility Workers Council, are entitled to perform the instal- lation of gas post lights at outdoor locations between the central meter and the individual buildings , including the setting of bases, posts, and lamps, and the tapping of gas mains and gas service lines to connect the gas post lights , at The Glens of Bloomfield housing project , Bloomfield Township, Michigan. 3. Local 98 , United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, is not entitled , by means proscribed by Section 8(b)(4)(D) of the Act, to force or require Consumers Power Company to assign the above work to employees who are represented by it. 4. Within 10 days from the date of this Decision and Determination of Disputes , Local 98 , United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, shall notify the Re- gional Director for Region 7, in writing , whether it will or will not refrain from forcing or requiring Consumers Power Company , by means proscribed by Section 8(b)(4)(D) of the Act, to assign the above work in a manner inconsistent with the Board's determination herein.