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

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. andNew 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