Painters Local 203 (E. O.Brunner Plastering Co.)

PAINTERS LOCAL 203 Painters Local 203, International Brotherhood of Painters and Allied Trades and E. O. Brunner Plastering Company. Case 17-CD-222 January 13, 1978 DECISION AND ORDER QUASHING NOTICE OF HEARING BY CHAIRMAN FANNING AND MEMBERS PENELLO AND TRUESDALE This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, follow- ing a charge filed by the E. O. Brunner Plastering Company, herein called the Employer, alleging that Painters Local 203, International Brotherhood of Painters and Allied Trades, herein called Respondent or Painters, had violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forcing or requiring the Employer to assign certain work to its members rather than to employees represented by Plasterers and Cement Masons, Local No. 369, Operative Plasterers and Cement Masons, International Association of the United States and Canada, herein called Plasterers. Pursuant to notice, a hearing was held before Hearing Officer Jeffrey H. Lerer on April 19, 1977. All parties appeared and were afforded full opportu- nity to be heard, to examine 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 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 proceeding, the Board makes the following findings: I. THE BUSINESS OF THE EMPLOYER The parties stipulated, and we find, that the Employer, a sole proprietorship with an office and place of business in Springfield, Missouri, is engaged in business as a plastering contractor. During the past year, the Employer purchased goods from outside the State having a value of $50,000. The parties also stipulated, and we find, that the Employ- er is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 234 NLRB No. 33 II. THE LABOR OROANIZATIONS INVOLVED The parties stipulated, and we find, that the Painters and Plasterers are labor organizations with- in the meaning of Section 2(5) of the Act. III. THE DISPUTE A. Background and Facts of the Dispute The work in dispute involves the taping of sheet- rock on drywall surfaces at the Carrington construc- tion project located at Southwest Missouri State University, Springfield, Missouri. The Employer assigned the work to his employees represented by the Plasterers who perform other duties as well. The Employer has traditionally assigned such work to the Plasterers and, through his membership in the Springfield Contractors Association, is signatory to a collective-bargaining agreement with the Plasterers. The Employer has no contract with the Painters and employs none. On or about February 28, 1977, Jim Alderson, business representative of the Painters, telephoned David Hoke, president of Hoke Construction, the general contractor, stating that Hoke was not em- ploying painters to perform the disputed work and that he would do whatever was necessary to obtain it. The following day a picket appeared at the construc- tion project for approximately I hour, carrying a sign which stated in essence that Brunner did not employ Painters. Some electricians on the project honored the picket line. On March 3, two pickets appeared; one carpenter honored the picket line in the morning. That afternoon Alderson spoke with Hoke's laborers and four of them left work. On March 4, the picket reappeared and the project was shut down since the laborers and all but two carpenters honored the picket line. Ernest Brunner, Employer's president, called Alderson and asked how the dispute could be resolved. When Alderson said the taping was Paint- ers work Brunner replied that he would continue to use Plasterers. The two then arranged for a meeting on March 7. At the meeting Alderson again claimed that the work belonged to the Painters and he would so inform the public. However, the picketing did not continue after March 4. B. The Work in Dispute The work in dispute involves the taping of sheet- rock on drywall surfaces at the Carrington construc- tion project. C. The Contentions of the Parties The Employer contends that the work should continue to be assigned to his employees represented 235 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by the Plasterers. The Painters contends that the Board is without jurisdiction to decide the dispute since the parties have agreed upon a voluntary method for adjustment. It further contends that there is no reasonable cause to believe Section 8(b)(4)(D) has been violated because the picketing was informa- tional picketing. The Plasterers contends that the Employer's assignment of the work should be up- held. D. Applicability of the Statute Before the Board may proceed with a determina- tion of the dispute pursuant to Section 10(k) of the Act, it must be satisfied that (I) 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. 1. The record shows that Alderson claimed the work for the Painters and threatened to take whatev- er steps "necessary" to obtain it. After causing the jobsite to be picketed, Alderson, when asked by Brunner how the dispute could be resolved, again claimed the work for the Painters. Finally, at the March 7 meeting Alderson continued to claim the work. These facts establish reasonable cause to believe that a purpose of the picketing was to force assignment of the disputed work to the Painters, thereby violating Section 8(b)(4)(D). 2. At the hearing all parties stipulated that there existed no agreed-upon method for voluntary adjust- ment of the dispute. However, the Painters now contends that an agreed-upon method does exist and I Local 338, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, A FL-CIO (Associated Underground Contractors, Inc.), 175 N LRB 540 (1969). 2 It is clear that this provision refers to the IJDB and not to its predecessor the National Joint Board, since the contract is effective from June 1, 1974, to June 1, 1977, and the IJDB was established on June I, 1973. Sheet Metal Workers International Association, AFL-CIO and Local Union No. 418, Sheet Metal Workers International Association, AFL-CIO (Young that the parties are therefore bound to submit this jurisdictional dispute to the Impartial Jurisdictional Disputes Board for the Construction Industry (herein IJDB) for determination.1 We agree. The Employer, as a member of the Springfield Contractors Association, is bound by that organiza- tion's collective-bargaining agreement with the Plast- erers, which under article II, section 2, provides: In the event of a jurisdictional dispute which arises among two or more crafts, such disputes shall be resolved in accordance with the rules established by the National Joint Board for Settlement of Jurisdictional Disputes.2 Thus, the Employer and the Plasterers have agreed to resolve their jurisdictional disputes in the manner provided by the IJDB. The Painters and the Plaster- ers are members of the Building and Construction Trades Department, AFL-CIO, and as members they are signatory to the agreement creating the IJDB and are bound to abide by its rules and procedures for the settlement of jurisdictional dis- putes.3 Since all parties are bound to submit this dispute to the IJDB, 4 we shall quash the notice of hearing issued herein. ORDER It is hereby ordered that the notice of hearing issued in this proceeding be, and it hereby is, quashed. Plumbing & Supply, Inc.), 209 NLRB 1177 (1974); Pipefitters, Local No. 195, United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada (Cleveland Wrecking Company), 218 NLRB 172 (1975). 3 Local Union No. 70, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO (F W Owens and Associates, Inc.), 205 NLRB 1171 (1973); Pipefitters Local No. 195, supra. 4 Pipefitters Local No. 195, supra. 236