Millwrights Local 1454

MILLWRIGHTS LOCAL 1454 Millwrights Local Union No. 1454, United Brotherhood of Carpenters and Joiners of America, AFL-CIO and Cincinnati Building Trades Council , AFL-CIO and Interstate Bakeries Corporation and Local Lodge No. 162 of the International Association of Machinists and Aerospace Workers, AFL-CIO. Case 9-CD-157 June 30, 1969 DECISION AND DETERMINATION OF DISPUTE BY MEMBERS FANNING, BROWN, AND ZAGORIA This is a proceeding pursuant to Section 10(k) of the National Labor Relations Act, as amended, following a charge filed by the Employer, Interstate Bakeries Corporation , alleging that Millwrights Local Union 1454, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and Cincinnati Building Trades Council, AFL-CIO, have violated Section 8(b)(4)(D) of the Act. A hearing was held on April 28 and 29, before Hearing Officer James K. L. Lawrence. All parties with the exception of Local Lodge 162 of the International Association of Machinists and Aerospace Workers, AFL-CIO, appeared at the hearing and all were afforded full opportunity to be heard , to examine and cross-examine witnesses, and to adduce evidence bearing upon the issues . Thereafter, the Respondents and the Employer filed briefs in support of their positions. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National 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 . They are hereby affirmed. Upon the entire record in this case, the Board makes the following findings: 1. THE BUSINESS OF THE EMPLOYER Interstate Bakeries Corporation is a Delaware corporation engaged in the production and sale of bakery goods at its place of business in Cincinnati, Ohio. During the 12-month period preceding the hearing, which was a representative period, Interstate purchased and received goods valued in excess of $50,000, which were shipped to it directly from points outside the State of Ohio, and sold goods valued in excess of $500,000. The parties stipulated, and we find, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that it will effectuate the purpose of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATION INVOLVED 865 The parties have stipulated, and we find, that Millwrights Local 1454, Cincinnati Building Trades Council, and Machinists Local Lodge 162 are labor organizations within the meaning of Section 2(5) of the Act. III. THE DISPUTE A. Background and Facts of the Dispute Interstate operates two separately managed plants in Cincinnati, Butternut Bread and Dolly Madison Cakes. The plants are adjacent to one another, are separated by a former alley, and share common flour and sugar storage bins. Both plants have driveway or truck entrances on the same street approximately 150 feet apart. When the dispute arose, construction projects were under way at both plants. At the Butternut plant, Schmelig Construction Company was engaged in the installation of a Matthews Live Roller Conveyor System and employed millwrights represented by Local 1454. An addition to the shipping and receiving departments at Dolly Madison was being built by Wolter Construction Company employing labor obtained through the Cincinnati Building Trades Council. Additionally, Wolter had made an opening in a wall in the Dolly Madison plant to permit installation of a Wendway Do-It-Yourself Conveyor. Installation of this conveyor was assigned to Dolly Madison's production and maintenance employees represented by the IAM in January 1969. On March 4, 1969, John Appiarius, secretary and business representative of the Council, met with Anthony Koenig, the Dolly Madison plant manager, and claimed the installation work on the conveyor system for the Millwrights. Koenig acceded to this request contingent upon agreement by the IAM and Interstate's labor relations department after protesting that such work was done historically by the IAM. Koenig met with the Respondents again on March 5 although he had been unable to contact either the IAM or the Company's labor relations director. At this meeting, Arthur Galea, business representative of Ohio Valley Carpenter's District Council, threatened to pull the cement finishers from the Wolter's job unless the conveyor installation was assigned to the Millwrights. Koenig then agreed to have the installation completed by Wolter with the understanding that it would be assigned to millwrights; again contingent upon agreement by the IAM and the Company's labor relations department. Following the March 5 meeting Koenig was advised by the IAM and the company's labor relations director that the work was to be assigned to the IAM and terminated the arrangements made 177 NLRB No. 48 866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to have the work performed by millwrights. On March 7 Appiarius with approximately five other persons began picketing at the entrance of the Butternut plant carrying a banner reading "Unfair Cincinnati Building Trades, AFL-CIO." Some Butternut truckdrivers were either persuaded or prevented from leaving the plant because of the picketing. Following a conversation with Koenig, Appiarius moved the pickets to the Dolly Madison entrance. There was no picketing on the weekend, but the pickets returned on March 10 and 11, after which picketing ceased. Handbills were distributed on or about March 17. As a result of the picketing the construction work at both the Butternut and Dolly Madison plants ceased until April. B. The Work in Dispute The dispute arises from the assignment of installation work on a new conveyor for the doughnut and packing department of the Dolly Madison Division of Interstate in Cincinnati. The system, a Wendway Do-It-Yourself Conveyor, runs approximately 250 feet from the friers to the packaging department and is mostly level with the exception of a few declines. It is suspended from the ceiling by half-inch rods spaced 10 feet apart and consists of a chain riding on a metal track covered with "tygon," a plastic material used to reduce friction. The chain is driven by 27 one-third horsepower motors which are spaced along the length of the conveyor. The conveyor, described as light, is installed in 10-foot sections each weighing approximately 100 pounds. Construction has been completed except for the installation of three declines. C. The Contentions of the Parties assignment of the work; (2) company and industry practice; (3) efficient operation of its business; (4) skills and work involved; (5) Board certifications; and (6) agreements. D. Applicability of the Statute The charge alleges violations of Section 8(b)(4)(D) of the Act. The record shows that on March 4 and 5 demands were made for the assignment of the disputed work to the Millwrights and that a threat was made to pull cement finishers off the construction work at the Dolly Madison plant if the assignment was not made to the Millwrights. On March 7, 10, and 11 the plant was picketed by the Council following the Employer's affirmance of its assignment to the IAM. Millwrights Local 1454 concedes the Board's jurisdiction under Section 10(k) of the Act and that there is reasonable cause to believe that Section 8(b)(4)(D) of the Act has been violated. Based on the entire record we conclude that there is reasonable cause to believe that there has been a violation of Section 8(b)(4)(D) of the Act and that the dispute is properly before the Board for determination. E. Merits of the Dispute 1. Collective-bargaining agreement The only relevant collective-bargaining agreement is that between Interstate and the IAM. The agreement recognizes the IAM as collective-bargaining representatives of all maintenance employees, including garage employees and painters, but does not mention conveyor installation. The Millwrights and the Council contend that the work in question should be assigned to the Millwrights.' They rely on the following factors: (1) Interstate assigned this work to the IAM while the installation of a conveyor at the Butternut plant was assigned to millwrights represented by Local 1454 because of the difference in its relationships with inside labor organizations; (2) Interstate's contract with the IAM does not cover conveyor installation; (3) the Millwrights have primary jurisdiction with their contractors for installation of plant conveyors; (4) area and industry practice; and (5) the Employer's assignment. Interstate contends that the work in question should be assigned to the IAM, and relies on: (1) its 'Respondents also contend that the Council is not an appropriate party to this dispute, as it claims no work and there is no evidence or stipulation in the record that it is a labor organization . Contrary to their contention, the record establishes that it was stipulated that the Council is a labor organization, that Appiarius, an agent of the Council, claimed the work for the Millwrights and that the picketing was conducting in the Coi,ncil's name. Accordingly, we reject this contention. 2. Company and industry practices Record testimony as to industry practice with regard to installation of conveyor systems in Cincinnati bakeries is in conflict, with Scott, the Butternut plant manager, testifying that most new equipment installation is performed by in-plant engineering personnel, while Alfred Cloke, Millwright's organizer and business agent, testified that the majority of conveyor installations were made by millwrights and that five local conveyor manufacturers used millwrights exclusively for installation. Since Scott testified only to the best of his knowledge while Cloke testified in considerable detail and is a better qualified witness on this question, we conclude that industry practice is to use millwrights for such installations. However, with respect to Company practice we rely on the testimony of Dolly Madison's chief engineer, Frank Pope, and conclude that it normally assigned such work to its in-plant engineering personnel when it did not interfere with their other duties. MILLWRIGHTS LOCAL 1454 867 3. Relative skills The Employer concedes, and the record establishes, that the Millwrights are well qualified to perform the work in dispute. The record also establishes that the maintenance employees represented by the IAM are qualified to perform this work as demonstrated by their successful installation of such conveyors in the past. 4. Efficiency of operation Testimony was received that the installation work could more readily be fitted into the Company's production schedule when performed by its own maintenance personnel. Additionally, the Dolly Madison plant manager, Koenig, testified that the Company employed a large maintenance force to permit them to perform such special projects in addition to normal maintenance work. Accordingly, we conclude that assignment of the work in dispute to employees represented by the IAM would result in a more efficient operation. Conclusions Based upon the entire record and after full consideration of all relevant factors, we shall assign the work in dispute to the Employer's maintenance employees. The Employer' s assignment of this work conforms basically with its past practice and is conducive to efficient operation of its business. In making this determination we are assigning the disputed work to employees of the Company who are represented by Machinists Local 162, but not to that Union or its members. 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 the dispute: 1. Employees employed by Interstate Bakeries Corporation, Cincinnati Ohio, who are currently represented by Local Lodge 162 of the International Association of Machinists and Aerospace Workers, AFL-CIO, are entitled to install the new conveyor for the doughnut and packing department of the Dolly Madison Division of Interstate in Cincinnati. 2. Millwrights Local Union 1454, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and Cincinnati Building Trades Council, AFL-CIO, are not, and have not been, entitled by means proscribed by Section 8(b)(4)(D) of the Act to force or require the Company to award the above work to their members or employees they represent. 3. Within 10 days from the date of this Decision and Determination of Dispute , Millwrights Local Union 1454, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and Cincinnati Building Trades Council, AFL-CIO, shall notify the Regional Director for Region 9, in writing , whether they will or will not refrain from forcing or requiring the Employer, by means proscribed by Section 8(b)(4)(D), to award the work in dispute to their members rather than to employees represented by the Machinists.