Laborers, local #576

LABORERS, LOCAL #576 351 Laborers' International Union of North America, Local Union # 576, AFL-CIO and Franki Founda- tion Company and Local No. 64, United Brother- hood of Carpenters and Joiners of America, AFL-CIO. Case 9-CD-233 June 8, 1972 ORDER AMENDING DECISION On February 22, 1972, the Board issued a Decision and Determination of Dispute' in the above-entitled proceeding in which the Board decided that, as "[a]ll parties request that the Board determine the dispute on a nationwide basis . . . because of the long history of the same controversy between the two labor organizations involved, which all parties believe will continue at future projects, our determi- nation will cover assignment of the disputed work in any area where the Company operates and whenever the geographical jurisdiction of the Carpenters and Laborers coincide." Thereafter, on March 6, 1972, Laborers' Interna- tional Union of North America, AFL-CIO, here- inafter called the Laborers' International, filed a Motion for Reconsideration and/or Clarification objecting to the award on a nationwide basis on the grounds that the Laborers' International and its affiliates other than its Local Union #576 were never "served with notice or process indicating that their contractual and other rights might be affected, and were thus denied the elementary rights of due process in connection with the instant case." The Laborers' International asks that the Decision be clarified to limit its application to the area "where the Company operates and whenever the geographi- cal jurisdiction of Carpenters Local 64 and Laborers' Local 576 coincide." On March 27, 1972, Franki Foundation Company, the Charging Party, filed a response in opposition to said motion. On April 7, 1972, the Laborers' International filed a reply to the Charging Party's response. The Board, having duly considered the matter, has decided to grant the request of Laborers' Interna- tional for the following reasons: (1) Laborers' International was not officially joined as a party to the proceeding; (2) Respondent's representatives apparently were not authorized to agree that the determination of dispute has a nationwide effect; and (3) the Board would not have determined the dispute on a nationwide basis except for the fact that it believed that the request was based on the existence of an agreement to that effect between the parties. Accordingly, IT IS HEREBY ORDERED that the Board's Decision and Determination of Dispute be amended as follows: 1. Delete the paragraph under heading III G and substitute the following: "Our determination will cover assignment of the disputed work in the area where the Company operates and whenever the geographical jurisdictions of Carpenters Local No. 64 and Laborers' Interna- tional Union of North America, Local Union #576, AFL-CIO, coincide." 2. Delete the Determination of Dispute and substitute the following: 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 Franki Foundation Company employed as carpenter piledrivers who are represent- ed by Local No. 64, United Brotherhood of Carpen- ters and Joiners of America, AFL-CIO, rather than employees represented by Laborers' International Union of North America, Local Union #576, AFL-CIO, are entitled to perform the work on the Franki rig in the construction of uncased foundation pilings, including pouring, handling, shoveling, and' dumping of concrete, sand, and gravel, and the use of shovels and wheelbarrows for clearing debris and leveling dirt in the vicinity of the machine. 2. Laborers' International Union of North Amer- ica, Local Union #576, AFL-CIO, is not entitled, by means proscribed by Section 8(b)(4)(D) of the Act, to force or require Franki Foundation Company to assign the above work to laborers represented by it. 3. Within 10 days from -the date of this Order, Laborers' International Union of North America, Local Union #576, AFL-CIO, shall notify the Regional Director for Region 9, in writing, whether it will refrain from forcing or requiring Franki Founda- tion Company, by means proscribed by Section 8(b)(4)(D), to assign the work in dispute to employ- ees represented by Laborers' International Union of North America, Local Union #576, AFL-CIO, rather than to employees represented by Local No. 64, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. By Direction of the Board. 1 195 NLRB No. 96