372 NLRB No. 57
International Brotherhood of Teamsters, Local 631 (Freeman Expositions, Inc.)
372 NLRB No. 57
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
International Brotherhood of Teamsters, Local 631
and Freeman Expositions, Inc. and International
Brotherhood of Electrical Workers, Local 357.
Case 28–CD–301415
February 23, 2023
DECISION AND DETERMINATION OF DISPUTE
BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN
AND WILCOX
This is a jurisdictional dispute proceeding under Section
10(k) of the National Labor Relations Act (the Act). Free-
man Expositions, Inc. (the Employer) filed a charge on
August 12, 2022, alleging that the Respondent, Interna-
tional Brotherhood of Teamsters, Local 631 (IBT 631), vi-
olated Section 8(b)(4)(D) of the Act by threatening to en-
gage in proscribed activity with an object of forcing the
Employer to assign certain work to employees it repre-
sents rather than to employees represented by Interna-
tional Brotherhood of Electrical Workers, Local 357
(IBEW 357). A hearing was held on August 29 through
August 31, 2022, before Hearing Officer Lisa J. Dunn.
Thereafter, the parties filed posthearing briefs.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel. The
Board affirms the hearing officer’s rulings, finding them
free from prejudicial error. On the entire record, the Board
makes the following findings.
I. JURISDICTION
The parties stipulated that the Employer is a corporation
with an office and place of business in Las Vegas, Nevada,
and that, during the 12-month period ending August 12,
2022, the Employer purchased and received at its Las Ve-
gas, Nevada facility goods valued in excess of $50,000 di-
rectly from points outside the State of Nevada. The parties
further stipulated, and we find, that the Employer is en-
gaged in commerce within the meaning of Section 2(2),
(6), and (7) of the Act, and that IBT 631 and IBEW 357
are labor organizations within the meaning of the Section
2(5) of the Act.
II. THE DISPUTE
A. Background and Facts of Dispute
The Employer provides trade show and exposition ser-
vices in the convention industry in and around Las Vegas,
Nevada, where it has a warehouse (the Warehouse). Or-
ganizers of trade shows contract with the Employer to
serve as the “official services contractor” (OSC) for hun-
dreds of shows each year across various venues in the Las
Vegas area, including at the Las Vegas Convention Center
as well as at numerous hotel properties. The organizer will
contract with the venue for the use of convention space,
and the Employer, as the OSC, will provide various ser-
vices related to the production of the show. Exhibitors
will then contract with either the OSC or a separate “ex-
hibitor appointed contractor” (EAC) to perform work re-
lated to their individual booths.
Among other things, the Employer constructs structures
with mounted flat-screen monitors for its trade-show cli-
ents. This includes exhibit booths for exhibitors as well
as “common area” structures that the Employer provides
as the OSC, such as registration booths, reception areas,
kiosks, towers, and advertisement or directional walls.
The Employer devotes about half of the Warehouse to the
construction and preparation of structures for trade shows.
Some trade-show structures are fully constructed at the
Warehouse, and the Employer generally prefers to con-
struct as much of the structure as possible at the Ware-
house. Other trade-show structures are partially con-
structed as a “kit”—generally consisting of the frame and
all the related parts and pieces—at the Warehouse and
then fully assembled at the venue.
Regardless of whether the trade-show structure is fully
constructed at the Warehouse, the mounting of a flat-
screen monitor involves the installation of an “internal
bracket,” a “monitor bracket,” and an “apparatus.” The
internal bracket may be wood or metal, is mounted inside
of a structure wall, and acts as the “bracket bone” to which
the monitor bracket may be connected. The monitor
bracket is metal, can weigh up to 15 pounds, may be flat
or articulated, and is mounted onto the external substrate
of the structure wall. The apparatus, which typically con-
sists of two vertical pieces of metal, is affixed onto the
back of the monitor. The monitor is hung by connecting
the apparatus (installed onto the monitor) to the monitor
bracket (installed onto the structure wall and connected to
the internal bracket). The installation of the apparatus is
always done at the “show site,” meaning at the venue. Par-
ticularly for certain types of structures, the Employer pre-
fers to have the internal and monitor brackets installed at
the Warehouse. However, there are occasions when both
are installed at the show site, as well as occasions when
the internal bracket is installed at the Warehouse while the
monitor bracket is installed at the show site.
As pertinent here, since at least 2004, the Employer has
had separate collective-bargaining agreements with IBT
631 and IBEW 357. The Employer and IBEW 357 are
party to a collective-bargaining agreement effective June
17, 2021, through June 16, 2024 (the IBEW CBA). The
Employer and IBT 631 are party to a collective-bargaining
agreement effective June 1, 2022, until May 31, 2026 (the
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
2
IBT CBA). For convenience, the Employer and the only
other significant OSC in the Las Vegas area, Global Ex-
perience Specialists, Inc. (GES), meet jointly with each
IBT 631 and IBEW 357 to bargain their collective-bar-
gaining agreements, so the Employer and GES agreements
have largely the same terms with each union. The Em-
ployer and GES similarly have agreements with another
local union, International Alliance of Theatrical and Stage
Employees Local 720 (IATSE 720), which also plays a
role in hanging monitors.
The IBEW CBA generally gives IBEW 357 jurisdiction
over electrical and electrical-related work. In this regard,
Section 3.05(a) provides as follows:
Subject to Appendix “B”, the Employer recognizes the
Union as having jurisdiction over the installation, oper-
ation, maintenance, and repair of all electrical wiring and
electrical equipment at trade shows, conventions, or
events. All such electrical work and all equipment, tools,
supports, materials, and temporary light and power work
used to accomplish such electrical work shall be per-
formed by members of the bargaining unit represented
by the Union.1
And there is no dispute that IBEW 357 has jurisdiction spe-
cifically over the installation of the apparatus onto certain
types of monitors. In this regard, Section 3.05(b)(10) of the
IBEW CBA specifies,
Covered work is electrical work including but not lim-
ited to:
. . . .
All TV monitors including; set-up, tear-down, 120v con-
nectors, antennas, all mounting apparatus, and intercon-
necting cables.
(Emphasis added). And Appendix B, Paragraph 19(E) gives
work related to certain monitors to IBEW 357, rather than
IATSE 720, specifically:
Single Monitors (i.e., not a video wall) except (1) moni-
tors connected to live cameras (except security cam-
eras); (2) monitors which are used to monitor a studio or
production stage; (3) monitors on a suspended truss
(without added leg support) installed by IATSE; or (4)
single monitors delivered but not hung by GES Audio-
visual Department to meeting rooms.
When having jurisdiction over the monitor under Appendix
B, IBEW 357 has jurisdiction over the steps that always oc-
cur at the show site—installing the apparatus onto the moni-
tor and then hanging the monitor onto the structure by
1 The referenced “Appendix B” is an agreement resolving a prior ju-
risdictional dispute that was incorporated into the IBEW CBA after orig-
inally being entered into by GES, IBEW 357, and IATSE 720.
connecting the apparatus to the previously installed monitor
bracket.
The IBT CBA generally gives IBT 631 jurisdiction over
construction work and other work at the Warehouse. In
this regard, Article 6, Section A provides, in relevant part,
as follows:
The Employer recognizes the following work herein
outlined as being within the scope of this Agreement and
defined as erection, touch-up painting, dismantling and
repair of all exhibits. This work is to include wall cover-
ings, floor coverings, pipe and drape, painting, aisle cov-
erings, hanging of signs and decorative materials from
the ceiling, placement of all signs, erection of platforms
and placement and care of furniture as well as wiping
down exhibits. The Employer further recognizes within
this scope the loading and unloading of all trucks of
common and contract carriers as well as individual com-
pany vehicles and the movement of freight, crates, and
rigging within its facilities, including all work in the
Company’s warehouse facilities will be bargaining unit
work. In the area of rigging, packing and crating, the
work performed includes, but is not limited to, unload-
ing, uncrating, unskidding, painting, and assembly of
machinery and equipment as well as the reverse process.
It should be noted that cleaning does not include mobile
washing.
The contract of, in whole or in part, including any struc-
tures or operations which are incidental thereto, the as-
sembly, operations, maintenance and repair, and other
facilities used in connection with the performance of the
aforementioned work and services, and includes, with-
out limitation, the types or classes of work listed under
classifications, as well as any other work regularly as-
signed in the past.
Although the IBT CBA does not include a specific reference
to the work related to the mounting of flat screen monitors to
trade-show structures, there is no dispute that IBT 631 has
jurisdiction over the installation of the internal bracket re-
gardless of where such work is performed. There also is no
dispute that IBT 631 has jurisdiction over the installation of
the monitor bracket when such work is performed at the
Warehouse.
The dispute here is that IBT 631 and IBEW 357 each
claim that its jurisdiction extends to the installation of the
monitor bracket when such work is performed at the show
site. On March 29, 2022, IBEW 357 filed three grievances
pertaining to the performance of such work by employees
of the Employer represented by IBT 631 at the Las Vegas
TEAMSTERS LOCAL 631 (FREEMAN EXPOSITIONS, INC.)
3
Convention Center. Two of the grievances concerned
such work for common area structures, and the third griev-
ance concerned such work for an exhibitor booth. By let-
ters and emails to the Employer beginning in May 2022,
IBEW 357 sought arbitration of the grievances. In August
2022, IBEW 357 filed another grievance pertaining to the
Employer’s failure to process the three grievances to arbi-
tration.
By email on May 26, 2022, James Harmer, an IBT 631
business agent, informed the Employer that if it assigned
the disputed work to IBEW 357, then IBT 631 would “take
all necessary action to oppose that action, including by
picketing the jobsite or other economic action as neces-
sary.” By letter on June 30, 2022, the Employer notified
IBEW 357 and IBT 631 that it intended to file a charge
against IBT 631. On August 12, 2022, the Employer filed
the instant Section 8(b)(4)(D) charge.
B. Work in Dispute
The parties agree that the work in dispute is properly
described as the installation of monitor brackets to trade
show structures for the mounting of flat screen display
monitors. IBEW 357 argues that the disputed work is
properly described as being at the Las Vegas Convention
Center in Las Vegas, Nevada. The Employer and IBT 631
argue that it is properly described as being in the Las Ve-
gas, Nevada metropolitan area. We resolve the parties’
disagreement concerning the geographic scope of the dis-
puted work in the Scope of the Award section below.
C. Contentions of the Parties
The Employer and IBT 631 contend that the Board is
authorized to determine the merits of this jurisdictional
dispute, that the work in dispute should be awarded to the
employees IBT 631 represents, and that the award should
encompass the Las Vegas area. In its posthearing brief,
IBEW 357 contends that the Board should quash the no-
tice of hearing. Alternatively, if the notice of hearing is
not quashed, IBEW 357 argues that the work in dispute
should be awarded to the employees it represents. IBEW
357 argues that the award should be limited to the Las Ve-
gas Convention Center.
D. Applicability of the Statute
The Board may proceed with a determination of a dis-
pute under Section 10(k) of the Act only if there is reason-
able cause to believe that Section 8(b)(4)(D) has been vi-
olated. Operating Engineers Local 150 (R&D Thiel), 345
NLRB 1137, 1139 (2005). This standard requires finding
2 The extension agreement expired as scheduled on May 31, 2022,
and IBT 631 thereafter was not subject to an effective no-strike clause
until the IBT CBA was agreed to in the middle of June 2022. IBT 631
Business Agent Harmer, who sent the email at issue to the Employer,
that there is reasonable cause to believe that there are com-
peting claims to the disputed work and that a party has
used proscribed means to enforce its claim to that work.
Additionally, there must be a finding that the parties have
not agreed on a method for the voluntary adjustment of the
dispute. Id. We find that these requirements have been
met.
1. Competing claims for work
The parties stipulated, and we find, that IBT 631 and
IBEW 357 both claim the disputed work.
2. Use of proscribed means
We find reasonable cause to believe that IBT 631 used
means proscribed by Section 8(b)(4)(D) to enforce its
claim to the work in dispute. As noted above, IBT 631
emailed the Employer that if it assigned the disputed work
to IBEW 357, IBT 631 would “take all necessary action to
oppose that action, including by picketing the jobsite or
other economic action as necessary.” This type of threat
constitutes a proscribed means of enforcing claims to dis-
puted work. Washington & Northern Idaho District
Council of Laborers (Skanska USA Building, Inc.), 366
NLRB No. 161, slip op. at 3 (2018). Absent affirmative
evidence that the threat was a sham or the product of col-
lusion, it establishes reasonable cause to believe that the
statute has been violated. Lancaster Typographical Union
No. 70 (C.J.S. Lancaster), 325 NLRB 449, 450–451
(1998). Here, no such evidence was presented. IBEW 357
notes that, as of May 26, 2022, the predecessor to the IBT
CBA, including its no-strike clause, was effective pursu-
ant to an extension agreement.2
However, the existence
of an effective no-strike clause is not evidence that a threat
was a sham or the product of collusion. Laborers Inter-
national Union of North America, Local 210 (Surianello
General Concrete Contractor), 351 NLRB 210, 211
(2007) (“[T]he Board has rejected the argument that a job
action threat was a sham because it involved violating a
no-strike clause.”).
Further, we find no merit to the argument of IBEW 357
that the notice of hearing should be quashed because the
hearing officer did not permit IBEW 357 to question an
employer official about his belief regarding the legitimacy
of IBT 631’s threat. IBEW 357 suggests that this witness
would have testified that he did not believe IBT 631 would
strike since IBT 631 was subject to a no-strike obligation.
Such testimony would not be evidence that IBT 631’s
threat was a sham or the product of collusion. As noted
above, the existence of a no-strike clause is not such
testified that he was aware of the consequences of violating a no-strike
clause and that he was prepared to take whatever action was necessary
to secure the IBT 631’s jurisdiction while such a clause was in effect.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
4
evidence. The same is true for evidence of what an em-
ployer official believes based on the existence of an effec-
tive no-strike clause, such as IBEW 357 hoped to elicit
here. See R&D Thiel, 345 NLRB at 1140 (rejecting the
argument that the threat was a sham or the product of col-
lusion where an employer official testified that he was not
sure whether the union would have followed through on
its threat).
3. No voluntary method for adjustment of dispute
The parties stipulated, and we find, that there is no
agreed-upon method for voluntary adjustment of the dis-
puted work which would bind all parties. IBEW 357,
nonetheless, contends that the Board should quash the no-
tice of hearing because of the Employer’s obligations un-
der the IBEW CBA. First, IBEW 357 argues that the Em-
ployer “waived” a 10(k) hearing in Section 3.05(d) of the
IBEW CBA, which states that the Employer “agrees to
waive its right to seek resolution of a jurisdictional dispute
through the grievance and arbitration procedure or
through the NLRB” and instead bring any disputes to the
Federal district court in Nevada. In addition, IBEW 357
argues that the Employer “seeks to disrupt” the jurisdic-
tional settlement originally made by GES, IBEW 357, and
IATSE 720 and later incorporated into the IBEW CBA as
Appendix B. These arguments have no merit because “all
parties to the dispute must be bound if an agreement is to
constitute ‘an agreed method of voluntary adjustment.’”
Glaziers District Council 16 (Service West), 356 NLRB
760, 762 (2011) (quoting Operating Engineers Local 150
(R&D Thiel), 345 NLRB at 1140) (finding union party not
bound); Laborers Local 1184 (High Light Electric), 355
NLRB 167, 169 (2010) (finding employer not bound).
IBT 631 is a party to the present jurisdictional dispute, and
IBT 631 is not bound by the IBEW CBA or the settlement
it incorporates in Appendix B. Further, the Employer’s
agreeing to an alternate method to resolve a jurisdictional
dispute with only one of the unions does not amount to a
waiver of the Employer’s statutory right to file an
8(b)(4)(D) charge. See Sheet Metal Workers Local 66
(Magnolia Contractors), 316 NLRB 294, 295–296 & fn.
5 (1995).
Based on the foregoing, we find that there is reasonable
cause to believe that Section 8(b)(4)(D) has been violated,
and that there is no agreed-upon method for the voluntary
adjustment of the dispute. We accordingly find that the
dispute is properly before the Board for determination.3
3 IBEW 357 did not file a motion to quash the 10(k) notice of hearing.
As it does argue in its posthearing brief that the notice should be quashed,
we nevertheless have addressed that argument, and we deny it on the
merits. See, e.g., Longshoremen ILWU, Alaska Longshore Division and
E. Merits of the Dispute
Section 10(k) requires the Board to make an affirmative
award of disputed work after considering various factors.
NLRB v. Electrical Workers Local 1212 (Columbia
Broadcasting), 364 U.S. 573, 577 (1961). The Board’s
determination in a jurisdictional dispute is an act of judg-
ment based on common sense and experience, reached by
balancing the factors involved in a particular case. Ma-
chinists Lodge 1743 (J. A. Jones Construction), 135
NLRB 1402 (1962).
The following factors are relevant in making the deter-
mination of this dispute.
1. Board certifications and collective-
bargaining agreements
The parties stipulated that the work in dispute is not
covered by any Board orders or certifications.
The Employer and IBT 631 argue that the IBT CBA
gives IBT 631 jurisdiction over the disputed work. Spe-
cifically, they contend that the disputed work is covered
by the general language giving IBT 631 jurisdiction cov-
ering “erection” and “assembly” work related to trade-
show structures. IBEW 357 argues that the IBEW CBA
gives it jurisdiction over the disputed work. Specifically,
IBEW 357 contends that the “mounting apparatus” refer-
enced in Section 3.05(b)(10) of the IBEW CBA includes
both the piece that we have been referring to as the “appa-
ratus” and the piece that we have been referring to as the
“monitor bracket.” In turn, IBEW 357 contends that the
IBEW CBA defines the disputed work to be “covered . . .
electrical work” by direct, specific reference. The Em-
ployer and IBT 631 contest this reading of “mounting ap-
paratus,” arguing that the reference is limited to the piece
that we have been referring to as the “apparatus.”
We are not persuaded by IBEW 357’s argument that the
“mounting apparatus” referenced in the IBEW CBA in-
cludes what is installed during the work in dispute. As an
initial matter, the piece at issue generally is referred to as
a “bracket” rather than as part of the “apparatus.” Numer-
ous Employer and IBT 631 witnesses testified to this ef-
fect. And IBEW 357 agrees that the disputed work in-
volves the installation of the “monitor bracket.” (Empha-
sis added.) Likewise, William Spielberg, an IBEW 357
business agent, testified that employees of the Employer,
including those represented by IBEW 357, refer to the
piece at issue as a “bracket.” Indeed, Spielberg seemingly
acknowledged that the IBEW 357’s interpretation of
“mounting apparatus” was manufactured for the present
ILWU, Unit 22 (American President Lines, LTD), 369 NLRB No. 63, slip
op. at 4, fn. 13 (2020) (addressing substantive issue of the applicability
of the statute notwithstanding no motion to quash being filed).
TEAMSTERS LOCAL 631 (FREEMAN EXPOSITIONS, INC.)
5
jurisdictional dispute, answering “Yes” when asked: “So
the phraseology of apparatus, you’re using it today be-
cause you’re prepared for a hearing and you know that’s
the language in the contract, right?”
Further, the evidence of the bargaining history tends to
belie, and certainly does not support, “mounting appa-
ratus” having the expansive meaning that IBEW 357
claims. Cheryl King, the Employer’s Regional Director
of Labor Relations, has negotiated the IBEW agreement
for OSCs in the Las Vegas area since 2003. King testified
that she has understood the intent was for “apparatus” to
reference only the piece installed directly onto the back of
the monitor; that is, not the monitor bracket fastened to the
structure to which that piece connects. IBEW 357 Busi-
ness Agent Spielberg, who has been involved in negotiat-
ing the agreement since 2012, testified that IBEW 357 was
aware that employees represented by IBT 631 have in-
stalled the disputed monitor bracket, never filed a griev-
ance in response to that assignment of work until May
2022, and did not seek to change the scope of work cov-
ered by Section 3.05(b)(10) when it bargained the most
recent collective-bargaining agreement.
Given the above, we find that IBEW 357 has failed to
show that the disputed monitor-bracket work is covered in
the language of its agreement with the Employer. In con-
trast, we find that the general language of the IBT CBA
giving IBT 631 jurisdiction over “erection” and “assem-
bly” work covers the disputed monitor-bracket installation
work, just as it covers the same work at the Warehouse.
Accordingly, we conclude that the factor of collective-
bargaining agreements favors awarding the work in dis-
pute to employees represented by IBT 631.
2. Employer preference and Current Assignment
The Employer prefers to assign and has assigned the
disputed work to its employees represented by IBT 631.
Accordingly, we find that these factors favor an award
of the disputed work to employees represented by IBT
631.
3. Employer practice and area practice
Employer and IBT 631 witnesses testified that the
Employer historically has assigned the installation of
the monitor bracket to employees represented by IBT
631, including when such work is performed at the
venue. These witnesses testified that GEC has had the
same practice. They also testified that EACs have as-
signed such work to employees represented by IBT
631. IBEW 357 acknowledges that employees of the
Employer represented by IBT 631 have installed the
monitor bracket, including at the show site. However,
IBEW 357 suggests that this has been limited to times
when the monitor was within the jurisdiction of IATSE
720 rather than IBEW 357.
IBEW 357 witnesses testified that the employees of
the Employer it represents regularly have performed the
installation of the monitor bracket at the show site when
the monitor is within the jurisdiction of IBEW 357.
Employer and IBT 631 witnesses acknowledged that
employees of the Employer represented by IBEW 357
occasionally have installed the monitor bracket, includ-
ing at the Las Vegas Convention Center.
However,
they characterized these incidents as the result of the
employees represented by IBEW 357 showing up and
starting to perform the work, rather than being assigned
the work.
We find that the evidence regarding the employer prac-
tice and the area practice are both inconclusive. Accord-
ingly, we conclude that these factors do not favor an award
of the disputed work to employees represented by either
union.
4. Relative skills and training
The employees represented by IBT 631 have experience
and skills in the erection, installation, dismantling, and re-
pair of the various types of trade-show structures upon
which monitor brackets are installed. Likewise, IBT 631’s
training and apprenticeship program focuses on construc-
tion-related topics for such structures. Employees repre-
sented by IBT 631 have the skills and training to ensure
the monitor brackets are safely installed to bear the weight
of the monitor. In contrast, the employees represented by
IBEW 357 do not have expertise in the components or in-
tegrity of the structure upon which monitor brackets are
installed. Rather, they have expertise in the electrical
work associated with the monitors themselves, which ex-
tends to hanging the monitors and relatedly installing the
apparatus to the monitors that attaches to the structure-
mounted brackets.
We find that the relative skills and
training favors awarding the work in dispute to employees
represented by IBT 631.
5. Economy and efficiency of operations
The Employer and IBT 631 contend it is more efficient
to have the employees represented by IBT 631 perform the
disputed work because they are responsible for building
the structures on which the monitor brackets are mounted.
IBEW 357 contends that it is more efficient to have the
employees it represents perform the disputed work be-
cause they install the monitor apparatus and hang the mon-
itor onto the bracket. We find that this factor does not fa-
vor awarding the disputed work to employees represented
by either union.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
6
CONCLUSIONS
After considering all relevant factors, we conclude that
the employees represented by IBT 631 are entitled to per-
form the disputed work. We reach this conclusion relying
on the factors of the collective-bargaining agreements,
employer preference and current assignment, and relative
training and skills. In making this determination, we
award the work to the employees represented by IBT 631,
not to that labor organization or to its members.
Scope of the Award
The Employer and IBT 631 request an award encom-
passing the Las Vegas area. Although the Board normally
limits a Section 10(k) award to the jobsite that was the
subject of the unlawful Section 8(b)(4)(D) conduct or
threats, an areawide award is appropriate if there is evi-
dence that “(1) the disputed work has been a continuous
source of controversy in the relevant geographic area and
that similar disputes may recur; and (2) there is a procliv-
ity by the offending union to engage in further proscribed
conduct to obtain the disputed work.” Laborers’ Interna-
tional Union of North America, Local 860 (Ballast Con-
struction, Inc.), 364 NLRB 1781, 1786 (2016). We find
these requirements are satisfied here.
The evidence in this case establishes that the work in
dispute has been and likely will continue to be a source of
controversy at venues across the Las Vegas area. The Em-
ployer and IBT 631 accurately note that the witnesses of
all the parties testified to some extent that the dispute over
the installation of monitor brackets onto trade show struc-
tures is ongoing across many venues in the Las Vegas
area. Indeed, IBEW 357 Business Agent Spielberg
acknowledged that the grievances filed by IBEW 357 con-
cerned performance of the disputed work at the Las Vegas
Convention Center, but the dispute also “needs to be re-
solved for other venues as well.”
The “proclivity” standard for a broad award also is met.
IBT 631 Business Agent Harmer threatened—both in his
May 2022 email to the Employer and during his hearing
testimony—that IBT 631 would take action against the
Employer if it assigned the work to IBEW 357, regardless
of the venue and irrespective of the effective no-strike
clause in the IBT CBA. And although a request for an
areawide award is not often granted when the charged
party represents the employees to whom the work is
awarded, “the critical factor is whether there is evidence
that similar disputes may occur in the future.” Ballast
Construction, 364 NLRB at 1786–1787 (internal quota-
tion marks omitted). The evidence here, particularly the
consistent testimony that the dispute is ongoing across
various venues, establishes a likelihood of recurrence.
Determination of Dispute
The National Labor Relations Board makes the follow-
ing Determination of Dispute.
Employees of Freeman Expositions, Inc., represented
by International Brotherhood of Teamsters, Local 631, are
entitled to perform the installation of monitor brackets to
trade show structures for the mounting of flat screen dis-
play monitors at show sites in the Las Vegas, Nevada met-
ropolitan area.
Dated, Washington, D.C. February 23, 2023
______________________________________
Lauren McFerran,
Chairman
______________________________________
Marvin E. Kaplan,
Member
______________________________________
Gwynne A. Wilcox,
Member
(SEAL) NATIONAL LABOR RELATIONS BOARD