Amicus Curiae Brief — NLRB v. Plasterers

Supreme Court brief1971

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INDEX

Interest ‘of the Anioas ee een eee

QU ary aac eeccccceeeeccssseeescesseeeessssseesssesseesesessseee _——

Description.of the ‘‘Plan for Settling Jurisdic ional

_ Disputes Nationally and Locally’? 2. ;

Historical Development ................... .

‘ The Current Plan-—General Statement .............

Operation of the Plan Regardless of Whether

the Particular Employer Affected by the Dis-

pute is Bound Thereto 2.2... cecceecceeenees =

Obligations Imposed Upon -Affiliated eters J

- and Construction Trades Unions ......)...00000......:

| The Joint Board, Appeals Boar id Peace s

Panels

ee ee EOE OOO EEO EERE ROOT TERR OOO EERE EEE REESE Eee

The Appeals Board .......... Sepstpevactses eens eons

Hearings Panels .................. fee oaskeceeproniveasaeavene

Standards for Work Jurisdiction Under the

BID esccasececenesnee sesten pavers actunentfansdgivestnasctesseepernevieessens

Accomplishments of the og S61 een

Difficulties Caused by NLRB Interpretation of

Section 10(k) |

Conclusion ....:.................cce-ceceeccnsceccccenccceceecccceccccecececescceece

Appendix A (Members of the ‘Signatories to the

| og 1) ae a a a

Appendix B (The Plan—‘‘Green. Book’’) ..2............

Appendix C (Rules. and Beseiations: Under the .

Plan—‘‘Blue BROOK) co vocegesucvensieranvissceenssesstasonvensnopilass

OOOO OOOO OEE HOH OEE EOE EEE ERE EOE EEE EH EES

AUTHORITIES CITED ©

‘Cases

Lathers v. Dunlop, C.A. No. 1221-66 (D.D.C. 1967),

aff’d per curiam, 382 F. 2d 176 (D.C. Cir. 1967),.

cert. denied, 389 U.S. 971 ...2....2-2....e20- miaaescentaecee

~——

‘i

| Pace

NERB v. Radi wa Television Broadcast Engineers

Union « BS’’), 364 U.S. 573 . 5

Union Documents .

Constitution of the Building and Construction

Trades Department, AFL-CIO | .

- Article IT Dy)

Article VII, Sec. 2 3

. See Be 2 eee 6

Reports of Proceedings of Conventions of the Build-

ing and Construction Trades Department. _

Fifty-Fifth Convention (1969) ..... 3

Special Convention (1957) ................ 6 *:

Forty-Eighth Convention (1955) —......0..2.0.... oa 6

= erty Raret Convention (1948) ...........2.2...--: 6

Misialioneons |

Dunlop, ‘‘ Jurtsdictional Disputes 2d Annual

Conference on Labor 477 (1949) — 5

- Dunlop Letter, 40 LRRM 18 (1957) secsweeeeee 25, 26

Haber and Levinson, Labor Relations and Produc-

tivity in the Building Trades, 234 (1960) ............ 5

Rains, ‘‘Jurisdictional-Dispute Settlements in the

Building Trades,’’ 8 Lab. L.J. 385 (1957) -........... 5

- Strand, Kenneth T., Jurisdictional Disputes in Con-

struction: the Causes, the Joint Board, and the ,

NLRB (1961) | 5, 24, 26

Statement by Secretary of Labor George P. Shultz .

-(USDL,11-150, April 7, 1970) ..... 7

Reports of the Appeals Board, February 1968 -

February 1971 ..... | 24

| IN THE a

Supreme Court of the United States

OCTOBER TERM, 1970

No. 1184

Nationa Lasor Retations Boarp, Petitioner,

Vv.

Puasterers’ Locat Unton No. 79, OPERATIVE

PLasTERERS’ AND CEMENT Masons’ INTERNATIONAL

Association, AFL-CIO, et al.

No. 1231

Texas Stare Tr & Terrazzo Co., Inc., Martini

Tr & Terrazzo Co., Tz Conrractors

- ASSOCIATION oF AMERICA, Inc., Petitioners,

Vv.

Piasterers’ Loca Union No. 79, OPERATIVE

_Pasrerers’ anp CEMENT Masons’ INTERNATIONAL |

ASSOCIATION, AFL-CIO, et al.

___ON WRITS OF CERTIORARI TO THE __

UNITED STATES COURT OF APPEALS FOR THE

DISTRICT OF COLUMBIA CIRCUIT

BRIEF FOR BUILDING AND CONSTRUCTION

TRADES DEPARTMENT, AFL-CIO, AMICUS CURIAE

INTEREST OF THE AMICUS

This brief is submitted pursuant to Rule 42(2) of the

Rules of this Court in support of the position of the

Respondents in these cases, urging affirmance of the. deci-

sion by the United States Court of Appeals for the District

of Columbia Circuit. The written consent of all parties to

these cases for the filing of this brief has been secured.

These cases arise out of a jurisdictional dispute between

Plasterers’ Local Union No. 79 and Tile Setters Local Union

No. 20 which are affiliated with the Operative Plasterers

and Cement Masons International Association (Plasterers)

and the Bricklayers, Masons and Plasterers’ International

. Union of America (Bricklayers), respectively. The Build-

ing and Construction Trades Department, AFL-CIO (here-

inafter, ‘‘Department’’) was established in 1908 .and is

composed of the seventeen National and International

Union affiliates of the AFL-CIO which represent employees —

in the building. and construction industry, including the

- Plasterers and Bricklayers International Unions, and the

Laborers’ International Union of North America which .

s filed a brief, amicus curiae, in this Court. (The seven-

teen affiliates of the Department. are listed in Appendix A

hereto.) The Department’s affiliates represent more than

three million employees in the industry. Among the De-

partment’s ‘‘objects and principles,’’ as stated in Article II

of its Constitution, are the following:

‘¢(6) To secure the adjustment of trade and juris- ;

dictional disputes in the building and’ construction

trades industry along practical lines as they may arise

from time to time; and such decisions to be final and

binding on all affiliated National and International

Unions and their affiliated Local Unions.

* * *

_4£°(8) To promote industrial peace and develop a

more harmonious feeling between employers and em-

ployees.

**(10) . ... to protect and advance the interests of

the building and construction trades industry.

* * * al

‘““(11) To engage in... legal . . . activities appro-

priate for the advancement of the interests of affili-

ated unions and their members in the building and

construction industry ’ oO

Jurisdictional disputes between building trades unions

have long been a major problem in the construction indus-

try, affecting unions and the employees they represent,

employers and the public. In 1948, the Department duly

adopted the ‘‘Plan: for Settling Jurisdictional Disputes

Nationally and Locally’’ (hereinafter, “‘Plan’’) as the -

method by which jurisdictional disputes between or among

its affiliated National and International Unions or their

affiliated ‘local unions should be ‘resolved. The Plan, as

revised, continues in effect today. But its effectiveness,

which is essential to the maintenance of industrial peace

in the building and construction industry, has long been

threatened by the position of the NLRB. in its interpreta- .

tion of Section 10(k) of the Act. It is the Department’s

considered belief that the decision by the court below, if

affirmed by this Court, will strengthen the Plan and thus

help to stabilize labor relations in the building and con-

struction industry.’ . |

SUMMARY

This brief discusses the Operations of the Plan for

Settling Jurisdictional Disputes Nationally and Locally

and administrative considerations in connéction therewith.

The legal arguments for the entire labor movement, in-

ment Constitution, Art. VII, Sec. 2). This resolution was approved by

the Convention of the Department in September, 1969. (Report of Pro-

ceedings of the y-Fifth Convention of the Building and Construction

Trades Department, AFL-CIO (1969), pp. 92, 296-298.)

FEILER ROG PE ITO TIER LEH Ha ery ane

" APPR RA SEER IHOy ore y

. .

OPAL IED! Bm IN Hy Cg

SHG AL BS SCMBOED RAEI! Pind PIO BBO we

cluding the Building and Construction Trades Department,

AFL-CIO; are presented in the brief, amicus curiae, filed

by the AFL-CIO in SHEpOr of the decision by the court

below.

The Plan, which was established in 1948, is binding on

all seventeen affiliates of the Building and Construction

Trades Department and through’ them on three million

organized building and construction tradesmen. The Plan

is operative as between unions regardless of whether or

not the employer in question is stipulated to the Plan. It _

serves as a tripartite arbitration award mechanism binding

on the employer, when the employer is stipulated to the

Plan.

All three tribunals which are part of this Plan, i.e., the:

National Joint Board, the Appeals Board and the Hear-

ings Panels, are established on a tripartite basis: public,

labor and industry members. The procedure has been

recognized by the National Labor Relations Board as a

method for voluntary adjustment under Section 10(k) of

the Act.

The Plan has resulted in the elimination of many work

stoppages and other impediments to job progress by pre-

venting jurisdictional disputes from arising and, where

they do arise, by deciding them in short order. The aver-

age length of time for such decision is two weeks. In con-

trast, the median time for decision by the NLRB under

Section 10(k) in fiscal year 1970 was 230 days.

A continued threat to the effectiveness of this mechanism

which ‘has served the industry for more than twenty-three

years is the competitive aspect of the NLRB as a tribunal

available for forum shoppers. This results from the

NLRB’s interpretation. of the term ‘‘parties to the dis-

pute’’ in Section 10(k) (rejected by the court below) as

authorizing a governmental determination of the juris-

dictional dispute when the employer is not stipulated to

the Plan.

DESCRIPTION OF THE “PLAN FOR SETTLING .

JURISDICTIONAL DISPUTES NATIONALLY

AND LOCALLY”

Historical Development

Beginning with the formation in 1897 of the National

Building Trades Council, the forerunner to the present

Building and Construction Trades Department of the AFL-

CIO, many attempts were made within the structure of

the building trades unions to settle privately jurisdictional]

disputes.? In 1919, the National Board for Jurisdictional

Awards was established by the Department. This was the

first national joint body composed of representatives of

construction unions and employer groups.? After this

Board failed, several other methods were later tried in-

cluding a Referee System with referees chosen variously

from management or labor.* As the Supreme Court stated -

in NLRB v. Radio and Television Broadcast Engineers

Union (‘‘CBS’’), 364 U.S. 573,580 (1961), ‘‘Each of these

efforts [in the construction and other industries] had

helped some but none had achieved complete success. The

result was a continuing and widely expressed dissatisfac-

tion with jurisdictional disputes. ’’

Prior to the passage of the Labor Management Relations

Act in 1947, the Department commenced negotiations to

establish new private machinery for the settlement of juris-

dictional disputes in the building and construction indus-.

try. The ‘‘Plan for Settling Jurisdictional Disputes Na-

tionally and Locally’’ became effective on May 1, 1948.

*See Dunlop, “Jurisdictional Disputes,” NYU 2d Annual Conference

on Labor 477, 494 ( 1969); Haber and Levinson, Labor Relations and

Productivity in the Building Trades, 234 (1960) ; Rains, “Jurisdictional-

Dispute Settlements in the Building Trades,” 8 Lab. L. J. 885 (1957);

the Joint Board, and the NLRB, 61 (1961) (hereinafter, ‘Strand).

* Strand, supra note 1, at 64.

* Id: at 67, 68. See also Dunlop, supra note 1, at 494-95.

(Report of Proceedings of the Forty-First Annual Con-

' vention of the Building and Construction Trades Depart-

PPE EAN Rt RO te

ment, AFL (1948), p. 117.) It was an agreement at two

levels. First, it was the procedure adopted by the Depart-

ment on behalf of its affiliated National and International

Unions by which jurisdictional disputes between or among

them or their affiliated local unions should be resolved.

Second, it was an agreement among the Department, the

Associated General Contractors of America, and seven

national specialty contractors associations. 7

The Plan was included in the Constitution of the Depart-

ment, in 1948, as Section 37. (Report of Proceedings of the

Forty-First Annual Convention of the Building and Con-

struction Trades Department, AFL (1948), pp. 15-19.)

In 1955, Section 37 of the Department Constitution was

amended to read as follows:

‘“‘Such Plan for the Settlement of J utisdictional Dis-

putes recognized by the Building and Construction

' Trades Department shall be recognized by and binding

on all affiliates.’’

(Report of Proceedings of the Forty-Eighth Annual Con-

vention of the Building and Construction Trades Depart-

~ment, AFL (1955), pp. 21, 191-194.)

Since 1957, when a new Department Constitution was

adopted (Report of Proceedings of the Special Convention

of the Building and Construction Trades Department,

AFL-CIO (1957), pp. 42-55), Article X of the Department

Constitution has provided:

‘“ All jurisdictional disputes between or - among affili-

ated National and International Unions and their affili-

ated Local. Unions and employers shall be settled and

adjusted according to the present plan established by -

the Building and Construction Trades Department,

or any other plan or method of procedure adopted in

the future by fhe Department for the settlement of

jurisdictional disputes. Said present plan or any other

plan adopted in the future shall be recognized as final

ee ee

. and binding upon the Department and upon all affili-

ated National or International Unions and their affili-

ated Local Unions. ”’ |

The Plan has been reviewed and revised from time to

time since its inception in 1948 and, with some change in

sponsoring employer organizations, hag been functioning

during the past twenty-three years in the prevention and

settlement of jurisdictional disputes in the building and

construction industry.

The Plan is contained in a book commonly and hereafter

referred to as the ‘‘Green Book,’’ published by the Depart-

ment. The Procedural Rules and Regulations (‘‘Regula-

tions’’) implementing the Plan are contained in a book

commonly and hereinafter referred to as the ‘‘Blue Book.’ |

.These books are attached hereto in Appendices B and C,

respectively.

| The Current Plan—General Statement

The current agreement, which became effective’ April 3,

1970, was signed by the Department, and by the ‘‘ Partici-

pating Contractors Employers’ Associations’’ (PCEA)

comprising thirteen ngtional associations of employers

whose membership consists of more than 25,000 contractors

in the building and construction: industry. (These thirteen

associations are listed in Appendix A hereto.) The signing

of the agreement was witnessed by then-Secretary of Labor

George P. Shultz. (Green Book, p.14).6 —

The Plan provides for three different decision-making:

"5 At the time of the briefing and oral argument before the Court of

Appeals in the instant case, the Plan then in effect had been approved

* The Secretary of Labor issued the following Statement following the

signing ceremony (USDL 11-150, April 7, 1970) :

“In establishing the Construction Industry Collective Bargain-

ing Commission last year, President Nixon expressed this Adminis.

BB sihe A SL ETT LT TET

‘bodies: (1) The National Joint Board for the Settlement

of Jurisdictional Disputes (‘‘Joint Board’’), created at

the outset in 1948, to consider particular disputes arising

on specific jobs and to render job decisions applicable to

the particular job (or, in some situations, more broadly

applicable to a locality) ; (2) the Appeals Board, created in

1965, to consider appeals from job decisions of the National

Joint Board; and (3) ad hoc Hearings Panels, provided for

from the outset of the Plan in 1948, to make decisions

inyolving repetitive disputes, on a national basis. This

machinery also operates at each level to encourage the

voluntary settlement of jurisdictional disputes ee direct

negotiations and mediation.

tration’s deep qgmmiitment to the institution of free collective

bargaining.

“For this institution ‘to survive and prosper,’ he said, ‘the

parties must assume the full share of their responsibility to the

industry and to the Nation.’

“Today, I am gratified to participate in an occasion that sym-

bolizes this assumption of private responsibility by labor and man-

agement in the Nation’s vital building and construction industry.

“The Building and Construction Trades Department, AFL-CIO,

and the participating contractors employers’ associations have

signed an important agreement that provides more effective pro-

cedures for settling jurisdictional disputes locally and nationally.

“By not only continuing but revitalizing the 22-year-old Na-

tional Joint Board, the parties have strengthened the construction

industry’s machinery for dealing with’ these troublesome and costly

disputes.

“Significantly, the agreement broadens Board representation

by various segments of the industry, provides procedures for han-

dling the most serious and recurring disputes and specifically cont

siders consumer interests along with the interests of workers and

employers.

“The National Joint Board—established just after World War ‘

II—functions as the building and construction industry’s’ response

to the type of private, voluntary solutions to jurisdictional disputes

sought by the Congress. when it enacted the Taft-Hartley Act.

“In January, the Construction Industry Collective Bargaining

Commission, with members representing labor, management and

the public, endorsed the development of private, dispute-settling

procedures by the parties themselves. This agreement dealing with

jurisdictional disputes—the product of hard and long negotiations—

embodies just that kind of healthy, private action.”

eee ee

The Plan is structured whereby the members of each

of these three bodies are appointed by the signatories from

their affiliated Unions and employer associations in a man-

_ her so as to provide maximum and fair representation to

the interests of each of these groups. (See the discussion,

mfra at 16-21 regarding the operational features of the -

Plan.) .

Contrary to the statements in Laborers’ Union’s brief

(pp. 25-27), the Secretary of Labor’s statement (supra n.

6) correctly reflects the fact that the Unions and employer

associations affiliated with the signatories to the carrent

Plan bring to it a broader representation of the building

and construction industry than previously has been the

case, Pa

Unlike many other industries, the building and construc-

tion industry is a multi-employer industry with thousands —

of contractors and many trade associations te which they

belong. The fact that some of these associations have failed

or refused to join in signing the Plan or that certain of

’ these associations, such as the Associated General Con-

tractors (AGC), have withdrawn their previous signatures

to the Plan (see Laborers’ brief, p. 23), by no means ren-

ders the current signatories unable to represent the inter-

ests of employers in every segment of the industry."

* Some of the thirteen associations comprising the PCEA have bound —

their contractor members to the Plan by stipulation to this effect. Others

fore AGC’s withdrawal, many of its members signed stipulations to

be bound to the Plan. Despite the formal withdrawal from the Plan

by AGC, many of its Members remain individually stipulated to the

Plan. Many of these are also members of the associations which cur-,

rently comprise the general contractor segment of the PCEA.

Oftthe thirteen organizations which comprise the PCEA,

eight are ational associations of mechahical and specialty —

cOptractors, and five are national associations of. contrac-

. tom who employ primarily members of the basic trades—

byicklayers (including masons), carpenters (including mill-

wrights), iron workers, laborers, operating engineers and

~ teamsters. These latter. five organizations are the National

Constructors Association (NCA), and four associations -

which comprise the National Council of Erectors and Rig-

gers (NCER) to wit, National Erector Association

(NEA); Crane and Rigging Division 6& Heavy Specialized

Carriers Conference ; National Association of Reinforcing

Steel Contractors ; and National Association of Miscel-

laneous, Ornamental and Architectural Products Contrac-

tors. —

The NCA: consists of thirty-four of the largest general

_ contractors in the world (e.g., Bechtel Corp.; Day & Zim-

merman, Inc.; Dravo Corp., Engineering Construction

Division; Ebasco Services, Inc.; Kaiser Engineers; Kop-

pers Co., Inc., Engineering & Construction Division; Stone

&. Webster Engineering. Corp.). Many of the members of

withdrew from the Plan and remain members of AGC.

NCA members specialize in heavy industrial building con-

struction (e.g., oil refineries, steel mills), although some

of its members (e.g., Dravo Corp.) are also engaged in the

so-called ‘‘heavy’’ branch of the industry.® More than any

In addition, AGC members subcontract a large portion of their con-

tracts to subcontractors who are members of the eight national mechani-

cal and specialty associations included in the PCEA. These facts show

that a very large portion of the annual construction volume referred to

in the motion of AGC (p. 2) is performed by employers who are stipu- -

lated to the current Plan. And, it should-be noted, that, insofar as the

volume of employment is concerned, the bulk of organized employees in

the industry are employed by the contractors represented by the PCEA.

*The term “heavy” construction is used by some in the industry to

refer to the construction of such projects as dams, levees and bridges.

The former dtrector of labor ‘Trétations of Dravo Corp., G. T. Leonard,

is a current member of the Joint Board.

the NCA were formerly members of AGC before AGC. ~

members are usually responsible to the owner for the design

and engineering, as well as the construction, of, the proj-

ects.° NCA members employ approximately fourteen of -.

the trades, including all of the basic trades in substantial

numbers.’® Thus, NCA probably has a more broadly based

outlook ag/’to all phases of the building and construction

industry—including questions involving inter-union juris-

diction—than any other employer group.

The four associations constituting the National Council -

of Erectors and Riggers perform industrial, commercial

and commercial-residential building work as well as 80-

called ‘‘heavy’’ work, and primarily employ members of

the six basic trades. One of these associations, the NEA,

ig composed of 130 contractors among which are ‘the big-

gest steel erectors in the world (e.g., United States Steel

Corp., American Bridge Division; Bethlehem Steel Corp.;

_ contract received from a general contractor.” As indicated above, NCA

w rhe reference in Laborers’ Union’s brief (P. 26 n. 85) to 1949.

' 1952 average annual employment figures. is, of course, completely out-

dated. , -

a /

Ree oS EERIE, a iba oes RY

members of AGC before AGC withdrew from the Plan

’ and remain members of AGC." .

_Operation of the Plan Regardless.of

‘Whether the Particular Employer Affected

By the Dispute Is Bound Thereto

As correctly noted by the court below (A. 370 n. 10), the

. machinery of the Plan is operative regardless of whether

or not the particular employer affected by the jurisdic-

tional dispute (ie., the employer assigning the disputed

work) has agreed to be bound to the Plan or to exercise his

rights of participation which the Plan affords." Thus, the

original Plan provided:

“Tt shall be the duty of the J oint Board to consider

and decide all cases of jurisdictional disputes in the

building and construction industry, which are referred

to it by any-of the international unions involved in the

_ dispute; or an employer directly affected by the dis-

pute on the work in which he is engaged; or by a par-

ticipating organization representing such employer. ”

(Emphasis added. )

Similarly, Article I, Section 4 of the current Plan pro-

vides :

‘‘It shall be the duty of the Joint Board to con-

‘sider and decide cases of jurisdictional disputes in the

building and. construction industry, which disputes are

referred to it-by any of the International Unions in-

volved in the dispute, or an employer directly affected

by the dispute on the work in which he -is engaged or

™ The factual information in note 7 supra and in the three foregoing

paragraphs has been supplied by the Chairman of’ the Joint Board and —

the Secretary of the PCEA.

** The references in the opposing briefs to the Plan’s provisions re- .

garding the binding to the Plan of stipulated contractors have no bear-

ing on the Joint Board’s jurisdiction or on the legal issue presented in

this case. Rather, they simply make it clear that, as a matter of contract-

arbitration law, a non-stipulated employer is not subject to the require-

ments imposed by the Plan and cannot be judicially compelled to abide

by decisions réndered thereunder. See also supra n. 7.

ee ee Te

uk Bhs LD -

by a participating organization representing such em-

ployer.”’ (Emphasis added.) 13 |

. That. the Joint Board has asserted jurisdiction and ren-

dered decisions regardless of whether or not affected em-

ployers have agreed to be bound to the Plan is reflected

in many decisions which have been rendered by the NLRB

since 1948 under Section 10(k) of the Act indicating that

_the National Joint Board had accepted jurisdiction under

NLRB 1094, 1103-1104 (1958) ; Millwrights Local 1102

Obligations Imposed Upon Affiliated

Building and Construction Trades Unions

1. As noted Supra at 6, since 1955, the Constitution —

of the Department has made the Plan binding on all affili-

** Laborers’ Union’s brief (p. 10 n. 9) omits from its quotation of this

provision the phrase “

dispute, or”,

The Regulations are consistent with the above quoted language from

the Plan. They provide (p. 10), “When the Joint Board has received a

struction industry.” That provision makes the procedures in the regu-

y of the Internationa] Unions involved in the

Sg ee pl

~ 14

ated unions of the Department;!* and since 1957, the Con-

stitution has required that all jurjsdictional disputes be-

tween affiliated National and International Unions or their _

affiliated Local Unions shall be adjusted according to the

Plan.?® | |

2. Work Stoppages and Picketing Prohibited—Funda-

mental to the operations of the Plan are the provisions

dealing with work stoppages and picketing. The Plan

states: ‘‘Pending a decision by the [Joint] Board or such

settlement as may be arrived at through the office of the

Chairman of the Joint Board, there shall be no stoppage

of work rising out of any jurisdictional dispute. ..... Mem-

_ bers of organization affiliated with the Building and Con-

struction Trades Department shall continue to work on the

basis of their original assignment.’’ (Green Book, Art. VI,

Sec. 1, pp. 12-13.)

The Plan goes on to provide (Sec. 2) :

‘‘Recognizing it is in the best interests of the parties

to this Agreement, the Building and Construction

Trades Department, on behalf of itself and the General

Presidents of each of the affiliated National and Inter-

national Unions, reaffirms their desire to eliminate

work stoppages, slowdowns and other impediments to

job progress in an attempt to comply with the provi-

sions of the Plan prohibiting jurisdictional strikes

and agree to enforce these provisions by direction and

action of the respective International Offices. Should

work stoppages persist for more than forty-eight (48)

hours following notification by the National Joint.

* Thus, with reference to the statements in the brief, amicus curiae,

of Laborers’ Union (p. 22), while there were withdrawals. from the

Plan by certain affiliated unions prior to 1955, since that time all affili-

ated unions have been bound to the Plan. This is not to say that.there

has been uniform compliance by all affiliates with each of the specific |

obligations imposed by the Plan.

** The Regulations similarly provide: “When a contractor has miade a

. specific work assignment, all unions shall remain at work and process

any complaint over a jurisdictional dispute in accordance with the pro-

cedures herein established by the Joint Board.” (Blue Book, p. 6.)

Board (Saturdays, Sundays and legal holidays ex-

cluded), the’ parties hereto agree that the contractor

shall be free to Pursue methods of settlement other

than the Joint Board established hereunder. ’?

The Regulations specifically provide:

shall instruct the Geheral President to direct the mem.

assigned work, and to keep work in continuous oper-

ation pending a settlement of the dispute.’’ (Blue Book,

When an International Union requests a job decision and

its members remain off the job or hold up disputed work,

processing for Joint Board decisions does not start until

the International Union has returned its members to work.

When a union remains off the job or establishes a picket

line forcing a contractor to refer a jurisdictional] dispute,

and ‘the Joint Board decides that the work in dispute is

number of work days the work stoppage or picket line was —

in effect. During the. delay period; the disputed work pro-

_ ceeds in-accordance with the contractor’s original assign-

ment. (Blue Book, p. 12.) ‘

3. The Plan provides:

“Tt shall be a violation of this agreement for any

Local Union, International Union, employer or em-

“‘When the Joint Board receives a protest of an

alleged violation from an international union, an em-

ees Pe eS eee - :

ployer or an employers’ association, it shall proceed

to make a decision and to determine the action which

should be taken to correct the violation consistent with

the applicable legal obligations of the parties.

‘‘Wailure by the Parties to accede to the decision of .

the Joint Board under: this paragraph shall be treated

in the same manner as noncompliance with a job deci-

oa (mphasis added.) (Green Book, Art. ITI, Sec.

sp. at. : |

4. The Plan provides :

‘‘The Building and Construction Trades Depart-

ment and all International Unions affiliated with the

Building ‘and Construction Trades Department shall,

in accordance with their constitutional powers, request

each of the Building and Construction Trades Coun-

cils, District Councils and Local Unions, respectively :

‘‘(a) To secure written assent or stipulation to the |

‘Plan for Settling Jurisdictional Disputes Nationally

and Locally’ by all Employers in signed agreement

with said International Union, Council and/or Local

Union except for such employers who are stipulated

to the Plan by the action of the employers’ association

of which they are members; or

‘“(b) To proceed at earliest opportunity to negoti-

ate National Joint Board stipulation into all. agree-

ments with each employer whose employees are repre-

sented by such District Council or Local Union.’’

(Green Book, Art. V, Sec. 1, p. 12.)

5. The Regulations provide that, ‘‘The affected Unions —

and contractors shall promptly comply with each job deci-

sion of the Joint Board.’? (Emphasis added.) (Blue Book,

p. 14.) This includes the obligation by Unions te disclaim

work which employers—stipulated. or non-stipulated—offer

to employees contrary to a decision under the Plan.

The Joint Board, Appeals Board and Hearings Panels

The Joint Board—The brief, amicus curiae, of the

Laborers’ Union (p. 27) contends ‘‘that while the Joint

Board purports to be structured to provide equal represen- _

tation for all segments of the industry, there ‘are, in fact,

no employers on the Joint Board whose voice or vote repre- |

sents the interests of the general contractor and his laborer-

employees.’’

Contrary to the position of Laborers, the National Labor

Relations Board has not taken the position that the mem-

bership of the Joint Board is unrepresentative of the gen-

eral contracting branch of. the industry, as is apparent —

from the fact that it defers to the Plan and does not con-

duct a Section 10(k) hearing in cases where the affected

employer is stipulated to the Plan. It is the same Joint

Board which issues decisions in cases where such employer

is not stipulated. If the machinery is adequately repre-

sentative in the former, it is similarly representative in

cases where the employer is not stipulated. :

Moreover, Laborers’ statement that no employers on the

Joint Board represent ‘‘the interests of the general contrac-

tor and his laborer-employees’’ (emphasis added) forgets

the fact that the interests of these employees, and employ-

ees from all of the basic trades, are represented by the

unions through their labor representatives on the Joint

Board.

The Joint Board consists of an impartial chairman,'¢

four regular and four alternate labor members appointed

by the Executive Council of the Department, and four

_Tegular and four alternate employer members who are

representatives of and selected by the Participating Con-

tractors Employers’ Associations. As far as the labor mem-

bers are concerned, the Plan requires that two each of the

regulars and the alternates must be appointed from among

the basic trades (with a similar distribution to be appoint-

** The Chairman is selected by the Joint Negotiating Committee which

the bargaining group delegated by the signatories to the. Plan and

ed from antong the specialty trades). (Green Book, Art. IJ,

Sec. 1, pp. 1-2.) Employees in the basic trades are repre-

sented on the current Joint Board by officials of Unions

which include the Operating Engineers, Bricklayers and-

Plasterers (who represent cement masons).

Even insofar ‘as the representation on the Joint Board

of the interests of general contractors are concerned,

Laborers’ brief is incorrect. Half of the employer members

on the Joint Board are from the NCA and the NCER (see

discussion supra at 10-12).

When a dispute is submitted to the Joint Board by an

_ International Union, notice is given by the Joint Board

to the affected employer, and he is requested to furnish a

_ full description of the disputed work. (Blue Book, p. 12.)

International Unions whose affiliates are engaged in the

dispute are provided an opportunity to state in writing to

the Joint Board the basis for their respective claims. (Blue

Book, pp. 10, 11.) No member of the Joint Board may

participate in any case where the tradé union or employer

of which he is an officer. or representative is involved in

the dispute. (Green Book, Art. II, Sec. 1, pp. 1-2.) Any

affiliated International Union and any stipulated employer

national association, which does not have direct representa-

tion on the Joint Bodrd hearing a specific case, may be

represented and participate in the Joint Board’s discus-

sion of such case. (Green Book, Art. III, Sec. 1(e), p. 7;

Blue Book, p. 17.)

Any affected International Union or contractor has the

right to a reconsideration of a Joint Board decision by the

submission of additional written evidence or by oral hear-

ing, provided that the decision has been accepted and put

into: effect by the affected parties and remains in continu-

_ ous effect until reconsideration is had. The Unions and, in

cases where the request for reconsideration is made by an

affected employer, the employer, are given the opportunity

to present written evidence or be heard and present wit-

nesses. A request for reconsideration must be submitted

within ten working days after the original decision. (Blue

Book, pp. 14-15.). :

Book, pp. 18-19.)

' Umpire for mediation and the establishment of a Hearings

Panel and a national decision. (Green Book, Art. ITI, See.

5, p. 9.) | | ,

The functions of the Appeals Board lie in two areas: to

decide appeals from decisions of the Joint Board and to

consider requests for the referral of disputes to a hearings

panel for decision on a national basis.

With respect to the first function, the Plan provides in

pertinent part: ‘‘The Appeals Board is empowered to |

review and decide any appeal from a decision or ruling of

the National Joint Board . . . and stch decision of the

Appeals Board shall be final. The jurisdiction of the

Appeals Board shall be discretionary. . . .’’ (Green Book, |

Art. IT, Sec. 5, p. 6.) A request to consider an appeal may

be filed with the Appeals Board by (a) any of the Inter-

national Unions involved in the dispute; (b) employers

involved or directly affected by the dispute; or (c) national

contractor associations with members involved or directly

affected by the dispute. (Blue Book, p. 26.) A request to

consider an appeal must be filed no later than three work-

ing days after the Joint Board’s decision. The request must

include a statement of the reasons for the appeal. (Blue

Book, p. 26.) The request to consider an appeal from

decision of the National Joint Board constitutes a stay of

- such decision. (Blue Book, p. 27.)

In exercising its discretion as to whether or not to accept .

an-appeal, the Appeals Board gives consideration to such

factors as the significance of the dispute, the frequency

- with which such disputes have arisen, the contribution a .

decision may make to the resolution of disputes and the

improvement of relations. (Blue Book, p. 28. .) The Appeals

Board must ‘‘promptly’’ review and decide any request to

consider appeals and, where it’ has decided to accept an

appeal, ‘‘promptly’’ set a date for the consideration of the

case. If the Appeals Board rejects the consideration of the

appeal, the decision of the Joint Board shall promptly be

placed into effect.:The decision of the Appeals Board must

be complied with at once. (Blue Book, pp. 27-29.)

With respect to the second function, the Plan provides:

‘‘When a dispute is filed with the Appeals Board by a

- National or International Union, with a specific request

for a decision on a national basis which would become part .

of the record, the Board shall review the request, and if

the Board finds it is an issue not already determined on a

national basis by a decision or agreement of record, it

shall refer the issue to the Impartial Umpire who, shall

call a conference of the General Presidents of the Unions -

involved for the purpose of determining whether or not a

national agreement is possible. If an agreement is con-

cluded and properly signed by the contesting parties and

attested by the Impartial Umpire, the terms and provisions

of the agreement shall remain in effect as per the provi-

sions of the Constitution of the Department. In the event

that the dispute cannot be settled by agreement or is not

settled by agreement at the end of six months, the Impar-

tial Umpire shall docket the case for hearing and decision

by a hearings panel... .”’ (Green Book, Art. III, Sec. 2,

p. 8.)

Hearings Panels—Such ad hoc panels are composed of

the Impartial Umpire of the Appeals Beard, two disinter-

ested General Presidents, of affiliated International Unions

appointed by the Executive Council of the Department,

and two disinterested contractor representatives appoint-

ed by the Participating Contractors Employers’ Associa- -

tions. (Green Book, Art. III, Sec. 4, p. 9.) :

_ When a dispute reaches a hearings panel from either the

Joint Board or Appeals Board, as described above, the

Impartial Umpire notifies -all General’ Presidents of affili-

ated International Unions and the National Participating

Employers Associations, stating the controversy to be con-

sidered and that all interested: persons will be permitted

to intervene. Briefs are submitted and exchanged by all

parties: to the dispute. (Green Book, Art. II, Sec. 3, pp. .

8-9.) The hearings panel must consider al] pertinent evi-

dence and render a decision if possible within ten days.

after the conclusion of the hearing. Decisions of the hear-

ings panel are not appealable to the Appeals Board and

must immediately be accepted and complied with by all

' parties to the Plan. (Green Book, Art. IIT, See. 7, p. 9.)

In considering such disputes the hearings panel must ascer-

tain whether and to-what extent the disputed work opera-

~ oN

tions are governed by a decision or agreement of record’.

and must make national jurisdictional determinations of

_, work operations not governed by decisions or agreements

of record. (Green Book, Art. III, Sec. 8(d), p. 10.)

- Standards For Work Jurisdiction Under the Plan

The standards established by the Plan for, determining

which of the contesting groups of employees has jurisdic-

tion over. p&rticular work must:be understood as much for

their value in enabling affiliated unions to refrain’ from

claiming work over which they do not have,,jurisdiction,

and thus avoid jurisdictional disputes, as for the govern-

ing standards which will be applied by decisional tribunals

under the Plan in the resolution of such disputes. |

~ Foremost among these standards are (1) “‘decisjons of

cecord’’ issued. pursuant to the Plan or predecessor juris-

dictional disputes machinery in the building and construc-

tion industry, and which have resolved disputes on a na- -

tionally applicable basis; and (2) jurisdictional agreements

entered into between affiliated International. Unions and

been approved by the Building and Construction Trades

Department, and which are also applicable on a national

basis. These decisions and agreements fre set out in the

Green Book and are indexed for ready reference. The Plan-

provides : ‘‘When a dispute is filed, the Joint Board. shall .

in all cases first investigate the claims of the disputing

parties to determine whether or not a ‘disposition thereof ~

has been made by a preyious. decision of record or by re-

corded agreement between the parties to this dispute and

issue a ruling as to the decision or agreement governing

in the case, and determining which ‘oné of the parties to

the dispute has a rightful claim to the work under the

agreement or decision of récord.’’ — Book,. Art. Ul,

Sec. 1(a), pp. 6-7.)

It should be emphasized that the Plan on ae the

' /

: i

decisions of record by Hearings Panels.’” See, e.g., the

provisions in Article III, Section 2 of the Plan, quoted

supra at 20-21 in connection with the second function of

. In the absence of a decision or agreement of record, the

Plan provides: ‘If the Joint Board finds that the dispute

is not covered by a decision or agreement of record, it shall

render a job decision, in which the Board should consider

the established trad&practice and prevailing practice in

the locality’? (Green Book, Art. IIT, Sec. 1(b), p. 7). The

Plan goes on to provide that, ‘‘Because efficiency, cost and

good management. are essential to the Well-being of the

industry, the Joint Board should not ignore the interests

a Thus, for example, on August 24, 1966, a hearings Panel decision .

was rendered resolving an extremely«repetitive dispute between Car-

penters and ‘Lathers over the installation of ceiling systems. The Panel

included John T. Dunlop, then-Impartial Umpire under the Plan. Among.

participants in the Proceeding were AGO, the National Acoustical. Con-

tractors Association; the Gypsum Drywall Contractors, as well a the

unions to the dispute. The decision was unsuccessfully

Lathers v. Dunlop, Civil Action ‘No. 1221-66 (D. D.C. 1967),

per euriam 382 F. 2d 176 (D. C. Cir. 1967), cert. denied 889 U.S. 971, ©

£0 eliminate the disruption of industrial peace: *

* A recent development further shows the ‘continuing flexibility afford.

ed by the Plan in ite fone

on account of jurisdictio disputes. On February 14, 1971, the

‘Ment and-the National Constructors ian of Haaren

pating Contractors Employers’ Associations—entered into 4 urisdic-

tional Agreement.” Under this Agreement, jurisdictional work

and picketing are prohibited. Violations of this Agreement ean subject

' the Department’s ‘affiliated Unions -to financial perlalties” Employer

parties to this Agreement agree to make work assignments in accord-

voluntary participation in the Agreement by other employer associations

whose membefs stipulate to the Plan and by individual employers sign-

‘

/ . 7.

¥ »

of the consumer in 2 settling jurisdictional disputes.’’ 1Gree8

Book, Art. III, Sec. 1(f), p. 8).'°

ACCOMPLISHMENTS OF THE PLAN”

The Plan remains the primary method by which work

assignment disputes in the building and. construction in-

dustry are determined and resolved. Because of the gen-

. érally short duration of construction jobs and the neces-

sity to complete various phases on) a schedule, time is of

the essence anda critical factor in the settling of work

assignment disputes in this. industry. The Joint Board

meets weekly to decide cases. Disputes referred to the

Joint Béard by. Tuesday of a given week are decided at

the weekly Thursday. meeting of the.following week. There

is no backlog of waiting cases. (Information obtained

- from the Chairman of the Joint Board.) ‘‘Thus the Joint.

Board Plan meets the requirement for prompt action.”’

Strand, supra n. 2, p. 103.7”

% Laborers’ Union reference (brief, p. 24) to this axtiaten as

“rhetorical gloss” is unwarranted and inconsistent with the Secretary

- of Labor’s recognition (supra n. 6) that the Plan “specifically considers

consumer interests along with the interests of workers and employers.”

It may be noted that the opinion by the court below set forth the Joint

Board’s clarified decision in the dispute between the Plasterers and

Tile>Setters containing a partial award to Tile Setters “in the neta

of efficient job operation.” A. 355 n. 6.

* Strand, supra n. Z, p. 99, observed in 1961: “Considered in light of

the previous attempts to establish a method for the settlement of juris-

dictional disputes, the Joint Board’s accomplishments have been

astounding.”

_ ™ Insofar as the Plan’s. Appeals Board is concerned, its decision

whether to consider an appeal is made within one to two weeks from

' the filing of the request and the determination of an appeal is made

within another two to three weeks. (Information obtained from the

Impartial Umpire of the Appeals Board.) The Appeals Board considers

requests for appeals from approximately 19. percent of the Joint Board’s

decisions, and grants approxiniately 85 percent of such requests. A sub-

stantial number of the appeals granted are resolved by the disputing

unions prior to decision by the Appeals Board. — of the Appeals

Board, February 1968 - February 1971.)

“* By contrast, for the fiscal year 1968, it required a total: of. 172.5

NI Gist 8 wo OO ———

Even more indicative of the stability being promoted

by the Plan are the thousands of dispute-free work assign-

ments which are being made every day on building and

construction jobs, following pre-job conferences among

affected groups, by reference to the jurisdictional prece-

dents under the Plan. As John T. Dunlop wrote in a letter

to participants in the Plan, upon his resignation as Chair-

man of the Joint Board in 1957, ‘‘The course of a dispute

in almost all job decisions, except those on novel issues,

are largely predictable by lines of precedent.’? 40 Labor

Relations. Reference Manual (LRRM) 18, 21. Stipulated

end non-stipulated employers alike are being guided by

’ - and are applying these precedents on a practical basis and

are quiet beneficiaries of the industrial peace which they

afford.”* Strand, supra n..2, p. 101 referred to the fact that

median days from the filing of the unfair labor practice charge to the

NLRB’s 10 (k) determination. For the fiscal year 1969, it required a

total of 206.8 median days. For the fiscal year 1970, it required a total.

of 230.0 median days. (Information obtained from ‘the Office of the

Executive Secretary of the NLRB.)

« "The AGC has published’ a book entitled “National Jurisdictional

nts Not Printed In the Green Book” (revised September, 1963)

(154 pp.) which continues to be used by AGC members throughout the

country in making work assignments. The “Foreword” of this book

states: - ;

“A basic Principle of the National Joint Board Plan is that

contractors who subscribe to the Plan agree to make their work

assignments in accordance with certain established procedures. :

“The Green Book, containing the decisions and agreements of

“ ‘record, constitutes the official guide for work assignments. Such

SS ee ae

‘‘yradually, the decisions and policies of the Joint Board ©

caused the’ industry to begin to rely more on precedent

and compromise and less upon economic power.”’ |

Strand, supra n. 2, p. 101, referred to the above quoted

letter by John T. Dunlop regarding the precedential values

of the Plan: |

‘‘Dunlop also cited as scapenplisiinants the recogni-

tion Arta (1) the Joint Board Plan allows jurisdic-

tion to be determined in advance of bidding with uni-

form application among contractors ; (2) the plan seeks

to regulate competition among unions in the industry

by introducing jurisdictional pecer ad ; and (3) na-

tional jurisdictional agreements are‘... the very best

way to resolve these questions.’ ”’ :

. DIFFICULTIES CAUSED BY NLRB

INTERPRETATION OF SECTION 10(k)

The private machinery in this area, like other decisional

- institutions in our legal process, finds its greatest. appeal

in the stability it can afford. By establishing criteria for

decisions, and determining cases within a uniform frame-

work, the machinery enables unions to be able to predict

the outcome of disputes and to order their objectives and

programs accordingly. The results are a reduction of the

number of work stoppages for such objectives, the resolu-

tion of disputes before they reach the level of formal deter-

mination, private or governmental, the permanent resolu-

tion of disputes following private’ determination, and

greater industrial peace in general. All this is disrupted _

nts of record have been attested by the Board and approved

by the Building and Construction Trades Department. —

. “In addition, | there are numerous other national agreements

between international unions which have not yet been approved

by the Department but some of which are binding on employers

under the Joint Board’s rules of procedure.

“In order that our membership may be as fully informed as

possible regarding these agreements, the AGC, with the permission

of the Chairman of the. National Joint Board, has compiled these <

agreements in the following pages.”

when the NLRB can override the private determination

with a contrary determination of its own.*4

The NLRB’s interpretation of Section 10(k) encourages

unions affiliated with the Department to avoid their con-

tractual obligations under the Plan—obligations which

apply regardless of’ whether or not an affected employer

is stipulated to the Plan. These obligations include the

requirement to refer jurisdictional disputes for resolution

under the Plan; to refrain from engaging in a work stop-

page or picketing’ pending such resolution; and to comply

with the resolution under the Plan including a disclaimer

of the work by the non-prevailing union. A union which

knows, from prior decisions of the NLBEB, that the NLRB

will reject the private determination, when the employer

is not bound to the Plan, can (1) fail to refer a dispute

for determination by the private machinery and, instead,

engage in a work stoppage and/or picketing, (2) subse-

- quent to an adverse determination by the private machin-

ery, refuse to comply with such determination and con-

there.

Moreover, as noted in the NLRB’s brief in the instant case (p. 22

n. 14), the statement from Professor Cox’s brief was made in the con-

abandon its pre-CBS practice of accepting the employer’s work assign-

ment unless the striking union was entitled to the work under an out-

_ Therefore, the statement in Professor Cox’s brief offers no more

authoritative support for petitioners’ Position in the instant case than

the cases cited in the dissenting opinion below (A. 887 n.2) but re

garded by Judge Leventhal as not in point “for the reason that they are

not cases where the Board’s interpretation was challenged or where

disposition turned on the resolution of this issue (A. 872 n.11).” —

tinue its work stoppage and/or picketing, hoping to have

a contrary determination rendered by the NLRB, or (3)

prevail upon a friendly employer to continue an assign-

‘ment which is contrary to such determination. In the third

situation, the employer’s non-commitment to the private

machinery may have been preplanned to protect the union

in the event of the anticipated adverse determination by the

private machinery.

It may be noted that although there is a twenty-three

year history of employer participation in the Plan there

is no guarantee that this condition will continue. If such

participation ceases, procedures authorized by the Consti-

tution of the Department (Article X) limited to unions

may provide the only private machinery to deal with the

numerous jurisdictional disputes in this industry. The

effectiveness of any such machinery will be severely lim-

ited by the -current interpretation of the NLRB of the

term ‘‘parties to such dispute”’ in Section 10(k) of. the

Act.

CONCLUSION

For the foregoing reasons, the judgment of the court

below should be affirmed.

Respectfully submitted,

Louis SHERMAN,

Exrau I. Lerrer,

Counsel for Building and

Construction Trades Department,

AFL-CIO, Amicus Curiae

August 1971 .

Pa)

2 YS SWS Pewee oe

an ve

APPENDIX A

MEMBERS OF THE SIGNATORIES TO THE CURRENT

PLAN FOR SETTLING JURISDICTIONAL DISPUTNG

NATIONALLY AND LOCALLY IN THE BUILDING

AND CONSTRUCTION INDUSTRY |

_I. Participating Contractors Employers’ Associations

National Constructors Association

National Electrical Contractors Association

Mechanical Contractors Association of America,

Ine. | .

National Association of Reinforcing Steel

Contractors | | .

National Association of Miscellaneous,

Ornamental and Architectural Products

Contractors .

National Erector Association

.-. Crane and Rigging Division of Heavy Specialized

Carriers Conference

a Plumbing-Heating-Cooling Contractors:

Association

Painting and Decorating Contractors of America

Sheet Metal and Air Conditioning Contractors

National Association " .

- Insulation Distributor-Contractors National

Association

- Gypsum Drywall Contractors International

- Glazing Contractors Labor Jurisdiction

Committee

lI. Building and Construction Trades Department,

AFL-CIO" .

-- 1,

International Association of Heat and Frost

Insulators and Asbestos Workers

PAP

16.

17.

‘ 2a

International Brotherhood of BoiJermakers, Iron

Ship Builders, Blacksmiths, Forgers and SN tS

- Helpers

Bricklayers, Masons and Plasterers’ International

Union of America .

United Brotherhood of Carpenters and J oiners of

America

International Brotherhood of Electrical Workers

International Union of Elevator Constructors

International Union of Operating Engineers

Granite Cutters’ International Association of

America

International Association of — Structural

and Ornamental Iron Workers |

Laborers’ International Union of North America

. Wood, Wire and Metal Lathers’ International

Union |

International Association of Marble, Slate and

Storie Polishers, Rubbers and Sawyers,. Tile

Helpers and Finishers, Marble Setters Helpers,

_ Marble Mosaic and Terrazzo Workers Helpers

. International Brotherhood of Painters and Allied

Trades

Operative Plasterers and Cement Masons

International Association

United Slate, Tile and Composition Roofers, 7

Damp and Waterproof Workers Association

Sheet Metal Workers’ International Association

United Association of Journeymen and

_ Apprentices of the Plumbing and Pipe Fitting

Industry of the United States and Canada-

Plan for § ettling

Surisdictional Disputes

Nationally and

Locally

-~-—.

Lay

Daeg

are

»" ,

. bd ¢

; \

PLAN FOR SETTLING JURISDICTJONAL

DISPUTES NATIONALLY AND ALLY

In consideration of the mutual promises amd cove-

nants herein contained, ‘it is agreed by and between

a hereto as follows: ~ . . af x i

; a : A ; ‘

| "ARTICLE I , ‘ -

Sec. 1. Effective Date——This agreement, as a

amended, shall take effect on April 3, ‘1970, and -

shall renin in force and effect until March 31,

. 1971, ‘and shall continue in effect for each year

thereafter unless terminated as provided for herein. - .

Changes or amend@ments to this agreement may be -

made as provided, for herein. -

Sec. 2. Any party signatory to this agreément

’ desiring to change or terminate this agreement.

shall notify the other party in writing at least

ninety (90) days prior to the 31st day of March

of any year subsequent to 1971.. When notice for ~

pence is given, the nature of the changes desired

ust specified in the notice. This agreement

shall be subject to change at any time by mutual

consent of the parties hereto. Any changes agreed ~

upon shall be reduced to°writing and signed by. the i Oe

parties hereta, the same as this agreement. . ;

_ARTICLEIL cs .

Sec. 1, Joint_Board.—There shall be established —_

”

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four regular and four alternate Labor Mem- ; ;

-berS appointed by the Executive Council of. the De- “S gy >

partment. -Two of each shall be appointed. from |

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Attest:

Wo. J. McSontey,_

"| Pres., Building Tradex

Department.

a + , 2d G. V. P. S58 :

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report

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ane Case 41 of “3

Report. 1

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For the OP. &C.F.L A

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to in the

“Tn the matter

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it ig the

t ig the decision of the

title,

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the

__| Upon that portion of the report of the Executive —_

O..8

5 ~

ee 67

OATES

ere : 4 ve

Py a es a AG Pet oho >

et no Aen OF oe SO neg Ee 2

’

and gutters shall be the work of the Cement

Finishers. . ;

‘7. Straight edging, floating, trowelling, edging,

rubbing and brushing shall be the work of the

‘Cement Finishers.

, 8. It is understood that this memorandum is

entered into for the purpese of clarifying juris-

diction as outlined above and in the event of ‘any ~

dispute arising in eonnection with the work. as

outlined above, the said dispute shall be referred

to the, General Presidents of the* International

Unions parties hereto. In the event of any dispute

arising on any work not covered ‘by this agree-

ment such as bridges, viaducts and underpasses,

the said dispute shall be immediately referred to

the General Presidents of the International Unions

involved, or to whomever the said General ‘Presi-

dents may assign, for the purpose of attempting to

adjust the said dispute amicably. During the period

of time that these attempts ‘are being made. for ad-

justment there shall be no stoppage of work on the

; » job. . . . .

. Operative Plasterers’ arid Cement Finishers’ Inter-

national Association: .

JOHN E. Rooney, ’ JOHN J. HAvck,

President. First Vice President.

Bricklayers, Masons: and Plasterers’ International

Union: . :

HARRY C. ‘BATES, ' A. J. CLELAND.

President.

‘International Hod Carriers’, Building and Common..

Laborers’ Union of America:

Jos. V. MORESCHI, JOHN W.. GARVEY.

** General President.

July 19, 1948

Attested: RICHARD J. GRay,

President, Building and Construction

‘Trades Department, AFL.

AGREEMENT UNDER NATIONAL JOINT

' BOARD FOR SETTLEMENT -OF° JURIS-

DICTIONAL DISPUTES; dale sand

CONSTRUCTION INDUSTRY

- Wethe undersigned request that Joint Board No.

- 1 be discharged. “The issue in dispute is the laying

of wood fibre conduit underground for the carrying

of electrical wires-and cables.”

It is agreed tH&t this work is the work of the

International Brotherhood of Electrical Workers.

Signed this 13th day of July, 1948. | °

‘International Hod Carriers’, Building

and Common Laborers’ Union of

America: Jos. V. MORESCHI,

General President.

International Brotherhood of Electri-

. cal Workers: .D. W. Tracy, ,

, International President.

Attested: RIcHARD J. Gay, ;

President of the Building and Con-_

struction Trades Dept., A..F. of L.

Iron §Workers—Elevator Constructors

Directional Elevators

AGREEMENT )

May, 26, 1953

For the purpose of establishing complete har-

mony and: cooperation -on-the erection of two

directional elevators for the Bowser Engineering

——

‘Company im various parts of the country, the Inter-

* national Association of Bridge, Structural and

Ornamental Iron. Workers, and the International

. Union of Elevator Constructors, hereby enter into

the following agreement, effective on and from

June 1, 1953.

One team of elevator constructors to not less

than two iron workers while installing the follow-

.ing: 1—crane rails, 2—crane. bridges, 3—hoisting

of all elevator equipment necessary to be in place

before pent house roof is poured, 4—optional hoist-

ing of crane drives, 5—all hatchway steel that

replaces normal elevator’ hatchways, 6—catwalks,

platforms, stairways and ladders.

The Bowser Engineering: Company agrees © to

pay iron workers the regular wage scale in the

jurisdiction of the Local Union in which the proj-

ect is: located- plus 25 cents-per hour ‘to one iron.

worker who acts as foreman.under the supervision

of the eleyator mechanic on the job.

Signed for Intérnational Association of Bridge,

Structural & Ornamental Iron Workers:

’ JOHN L. McCarthy, Gen. Vice President.

_ Signed for International Union of Elevator (on-

structors:

J. A. ALTMAN, Reg. Business Representative. 4

‘Attested July 10, 1953

JOHN T. DUNLOP, Chairman

‘National Joint Board.

Boilermakers-Ironworkers +

“September 23, 1953

The undersigned representatives of the Interna-

tional Association of Bridge, Structural and.

Ornamental Iron Workers and the International

Brotherhood of Boilermakers, Iron Shipbuilders,

Blacksmiths, Forgers and Helpers recommend

to the respective General’ Presidents the attached

agreement for the settlement of~ jurisdictional

disputes between the two organizations. .*.

(Signed) J. R. DOWNEs,

‘International Association of Bridge,

Structural and Ornamental Iron Work-

ers

(Signed) ‘J. P. McCoutium,

International Brotherkesd of Boiler-

makers, Iron Shipbuilders, Blackemith, :

: Forgers and Helpers.”

September 23, 1953

' Memorandum of Agreement

This memorandum of agreement between the

International Association of Bridge, Structural and:

Ornamental Iron, Workers: and the, International

Brotherhood of Boilermakers, Iron Shipbuilders,

Blacksmiths, Forgers and Helpers supplements and

interprets the ‘agreement of October 15, 1928 be-—

tween the two organizations and the decision of

record of May 19, 1947.

It is the purpose of this agreement ‘to improve

relations between the two trades, to eliminate work

stoppages which are costly to the membership of

both organizations and. to the industry, to settle

jurisdictional disputes directly between the two

trades, and mutually to assist each union to secure

work coming within its recognized jurisdiction.

In order to achieve these objectives, it isanandatory

upon the membership of local unions affiliated with

both International Unions to comply with the pro-

visions of this memorandum of agreement.

It is expressly understood and agreed that this

agreement shall not relate to or have any bearing

‘on jurisdictional disputes that may exist or in the

future occur, between either of the parties hereto

with any other International Union or subordinate

’ body thereof. . -

1. WIRE MESH: Wire mesh. when attached or ~

- welded directly to the breeching, stacks or vessels

shall be installed. by Boilermakers, and wire mesh

‘when attached or fastened to lugs, clips, bolts, nuts

or any other attachments (which have already been

_attached or welded to: the breeching, stacks or

vessels by “enmeenee) shall be installed by Iron

Workers.

7 & DERRICKS. Where a derrick is used by

both crafts, one craft shall erect and the other

craft shall dismantle same. Where such derrick.

is used only by one of the crafts, then that craft

shall erect and dismantle same.

3, PRECIPITATORS. Plate —werk--and__ buck-

stays and internals shall be the work-of the mem-

bers of the Boilermakers; structural supports shall

be the work of the Iron Workers including the

house roof. Roof supports or lugs attaching directly —

to the precipitator shell shall be the work of the:

Boilermakers.’ When roof supports attach to lugs,

the Boilermakers shall weld the lug to the precipi-

_tator shell. and the Iron Workers shall erect the

“roof supports thereto.

4. OVERHEAD SUPPORTING STEEL FOR

STEAM GENERATORS . —

fa)! The erection of structural | ‘members, which

“may be channels, beams or angles, and which are

directly attached to and suspended from the building

- roof steel for the purpose of supporting the steam

generating unit shall be the work of the Iron

Workers.

(b)- -— erection of all rods or other steel mem-

_ bers, attached to the members described in para-

graph (a), and used far the purpose of supporting

tubes and other Boilermakers’ work, shall be per-

formed by the Boilermakers. .

5. THE ERECTION AND REPAIR OF BLAST

FURNACES

The following work items sHall be erected and

installed by the Iron Workers:

. Foundation rod and bands

€olumn bases and columns

Main, top furnace platform (exept supports _

which weld, or rivet to shell)

Top super-structure

Beil trolley a

Bell. beams: oo :

Bell cables

Jib-crane and mast

All top mechanism such as large bell, small bell,

bell rods, large bell hopper, gas seal hood,

distributor, revolving hopper, receiving hopper.

and small bell seat

Skip bridge

Skip cars and cables

Skip operating mechanism such as skip hoist,

_ large and small bell cylinders

Cast house structural steel and roof

~-—Skip house

Skip bridge ‘A-frame

Iron and cinder runners and cast house auxiliaries

Trestle and stock house parts such as coke, stqne

and ore bins .

Coke and ore chutes

Seale car and larry cars

- Pug mill machinery

Elevator shafts

The following work items shall be- hie an

installed by the Boilermakers: .

~ Hearth jacket — a ,

Hearth coolers =

Tuyere jacket

Blast furnace shell <-

Bustle pipe a .

Furnace top ring and dome’ , ,

Offtakes—U ptakes

Downcomers and attached wearing plates

Bleeder pipe, valves and stack

Bosh band

Dust catcher .

Hot blast stoves

_ Hot blast valves and- castings

‘Gas washer

Gas mains __

Gas preeipitators .

Cold blast main and mixer line

Stove stacks a

~ Dust legs .

Hot ladle cars |

Support for main top furnace. platform - -whic

weld or rivet to shell

Stock line brackets and abrasion or wearin

plates

Tuyere stocks

6. CATWALKS, PLATFORMS, STAIRWAY

AND LADDERS )

(a) Catwalks, platforms, stairways, and ladde1

erected on storage. tanks for liquid or gas,.an

processing tanks erected by the Boilermakers, an

‘installations commonly referred to as tank farm

shall be performed by Boilermakers.

(db) Catwalks, platforms, stairways and ladde1

supported ex@fusively by a pressure vessel, such as .

a bubble or fractionating vessel, shall be erected by

Boilermakers. : oe

supported by structural steel supports shall be -

erected by Ironworkers. When supported by both

the pressure vessel and structural steel supports,

the erection of the catwalks, platforms, stairways

and ladders shall be performed by Iron Workers,

except that the welding or attaching of the lug or

support directly to the pressure vessel shall be

performed by Boilermakers.

(d) Catwalks, platforms, stairways, and ladders |

in connection with blast furnace construction shall

be performed as follows:

(i) The Boilermakers shall attach the lugs or

‘supports directly to the shell of the blast furnace

and the Iron Workers shall then erect the cat-

walks, platforms, stairways, and ladders.

_ (ii) The erection of catwalks, ladders and stair-

ways on hot stoves and precipitators in connection

with the blast furnace construction, in accordance

with paragraph (b) of -this section, shall be

erected by Boilermakers. The erection of the.

platforms and bridgeways across the top of hot

stoves, however, shall be erected by iron workers,

except that the welding or attaching. of the lugs

or supports directly ‘to the -hot stove shall be

- performed by Boilermakers. = .

7. FORCED AND INDUCED DRAFT FANS.

. The erection of forced and induced draft fans in

connection with the construction of steam generat-

' ing installations, which come in completed units,

shall be performed by Iron Workers. Attachments

to the ducts and breeching shall be performed by

‘Boilermakers. On forced and induced draft fans,

* 67

- which come knocked: down, the Iron Worker shall

International Association of Bridge, Structural.

erect and install the pedestal and rotor and the

Boilermakers shall erect and install the fan housing.

8. PROCEDURES.

(a) The General Presidentiof each organization

will desighate a representative to be assigned to

adjust directly all disputes betwéen the two

trades which can not be adjusted at the local level. .

(b) ani a designated by the respective ~

General Presidents shall meet ‘periodically’to re-

- view ‘work covered by this agreement and to con-,

sider new problems which arise-in order to adjust

‘same, .

agreement shall be completed in accordance with —

the existing assignments or ruling of the National

Joint Board. ener Al

and Ornamental Iron Workers

- St. Louis, Missouri.

(Signed) J. H. Lyons, .

General President

. (Signed) ‘J. R. Downes,

oa General Secretary -

Approved Nov. 2, 1953,

General Executive Council.

’ (nternational Brotherhood of © Boilermakers, Iron

Shipbuilders, Blacksmiths, Forgers and Helpers

Kansas City, Kansas.

(Signed) CHas. J. MACGOWAN, —

: ; _ _ International Presideht.

: _ (Signed) . Wo. J. BUCKLEY, |

Approved Nov. 5, 1953,

‘International Executive Council.

International»Sec.-Treas..

' Straight Telegram

- — St, Louis, Mo., November, 2, 1953.

Charles J. MacGowan, ‘International Président

Ship Builders and Helpers of America ©

"International Brotherhood of Boiler Makers} Iron

‘ New Brotherheod Building ¢ «2

Kansas City,. Kansas ‘ “3. _ ‘

_ This is to notify you that'the Executive Council

of the International Association. of Bridge, Struc-

tural and Ornamental Iron Workers at its meeting

today unanimously ratified and adopted the memo--

randum of agreement dated September -23, 1953,

which supplements and interprets the agreement of |

October 15, 1928, between our two respective or-~

_Zanizations as well as decision of record of May

19; 1947. ;

_ . , JoHN H.’ Lyons, General President.

International Brotherhood of Boilermakers, Iron

Ship Builders, ‘Blacksmiths, Forgers. and Helpers

<a : November 10, 1953.

File: 12(i)-1(c)

Mr. J. H. Lyons, President TTL ey

- . Intl. Bridge & Structural Iron Workers

Ste. 300, Continental Building

3615 Olive Street

St. Louis, Missouri -

Dear Sir and Brother: c

’ Under date of Novémber 6, 1953, I ‘wired you

- as follews:

‘“This is to officially notify you that our Inter-

national Executive Council after devoting a full

day to the discussion of the proposed memoran-

dum of agreement dated September 23, 1953,

which implements and interprets the agreement

of October 15,1928, finally approved same by a

eo e

unanimous vote of the Executive Council. How-

ever in the discussion it developed that one or

two minor clarifications may be necessary in

order to avoid future misuhderstandings by our

respective memberships. These clarifications will

in no sense alter the purpose of the memorandum

-of September 23, but will.in truth and in fact .

be clarifications only. I shall write you. the

details of the same next week. I am furnishing

John Dunlop with a copy of this telegram.”

Now, Brother Lyons, it is needless for me to

say that the discussions in our International Ex-

ecutive Council were long and earnest over the

question of approving the proposed supplementary

agreement. While -it was finally adopted by a

unanimous vote, it was the feeling of the Inter- *

. national Executive Council that. there was one

‘ principle involved which should be protected, from

our standpoint, and there were a least two addi-

tional clarifications which should be incorporated —

in order to make the understanding as effective as

possible. .

The principle to which I refer was the question

of our craft deviating from our historic position

that alt vessels requiring tight joints must be the

work of the Boilermakers and the allotment of the

bells in blast furnaces to any other trade was ‘a

departure from our traditional policy. I assure you

it was not the amount of work involved which

caused us our difficulty, but rather the principle of

a “tight joint.” However,. in our earnest desire to

‘reach a peaceful understanding between the two

International Unions, we accepted the assignment

of bells, but with the hope that the two Interna-

tionals could agree to an interpretation to be added

as a footnote to the first portion of section 5.

captioned, “The Erection and Repair of Blast

Furnaces,” this footnote to read substantially as

follows: ; ’

“It is mutually agreed between the two Inter-

national Unions that the awarding of the blast

furnace bells to the Structural Iron Workers

is without prejudice to the Boilermakers” historic

claims over all vessels. requiring tight joints.”

In the second portion of section 5, which is the

Boilermakers’ list of. work, it occurred to us that

the negotiators unintentionally overlooked the word

“mantle” and if it is agreeable to all parties, we

would request that the word “mantle” bé inserted

in the proper place in the list of “or awarded to

the Boilermakers.

Returning to section 4, captioned, “Overhead Sup-

porting Steel for Steam Generators,” it was the

opinion of our International Executive -Council-that

while the intent of the two organizations is covered

in this section, it was our feeling that in order to

avoid future disputes, the language needs clarifying,

particularly where in sub-section (a) (Iron Work-

ers’ section), the words “for the purpose of sup-

porting the steam generating unit” and in sub-

section (b) (Boilermakers’ section), the words

‘| used for the purpose of Gpesreieiy! tubes and

other Boilermakers’ work .. .” might be interpreted

in such a manner as to cause confusion because,

after all, the complete boiler is still a steam gener-

ating unit from the standpoint of the Boilermaker

and tubes are but a part of the steam generating

unit. It is our suggestion that after the words

“Boilermakers’ work” in the third line of section

4 (b), the words “which are a part of the steam

generating unit” be added so that the whole section

will read:

“The erection of all rods or other steel mem-_

bers, attached to the members described in para-

graph (a), and used for the’ purpose of supporting

tubes and other Boilermakers’ work, which are

a part of the steam generating unit, shall be per-

formed by the. Boilermakers.”

If it is agreeable with you, I would suggest that

Secretary Downes and Vice President McCollum

have a further meeting and see if it is not possible

to work out these. suggestions, which, I repeat

again, are not intended to change the intent of

the agreement in any manner other than to clarify

it to avoid confusion.

With best wishes, I am .

Fraternally yours, :

CHARLES J. MACGOWAN,

CJM:CW International President.

ce: John Dunlop ; ;

ec: J. R. Downes

ec: J. P. McCollum .

.OEIU No. 4-AFL

International Association of Bridge, Structural

* and Ornamental Iron Workers

. January 9, 1954.

Mr. J. P. McCollum, Vice President

International Brotherhood of Boilermakers,

Iron Ship Builders, Blacksmiths, Forgers

and Helpers _?

New Brotherhood Building :

Kansas City 11, Kansas

Dear Sir and Brother: ;

The correspondence dated. November 10, 1953,

directed by Charles J. MacGowan, International

President of the Brotherhood of Boilermakers,

to J. H. Lyons, General President of this Inter-

national Association, as well as the correspondence

La J

‘dated November 13, 1953, from General President *

Lyons to International President -Charles J. Mac-

Gowan, has been reviewed by the writer.

It is the opinion of the officials of this Inter-

national Association that the suggestions outlined

by President MacGowan warrant consideration

and that, for the purpose of clarification, further

understandings should be developed. - .

Inasmuch as the “Memorandum of Agreement”

dated September 23, 1953—and signed by yourself

and the writer—has been ratified by the Inter-.

national Executive Council of the‘Brotherhood of

Boilermakers, and the General Executive Council

af this International Association, it is our opinion’

that no change should be made in this -document

as such action would require further ratification.

from the Executive Councils of both organizations.

It is agreeable to the officials of this International

Association that the following clarifications will be

stipulated: °

“It is mutually agreed between the two Inter-

national Unions that the ‘awarding of the blast

furnace bells to the Structural Iron Workers is

without prejudice to the Boilermakers’ historic ©

claims ‘over all vessels requiring tight. joints.”

It is also. understood that the work item.

“mantle” should be included ‘im the Boilermakers’

division of Section 5 ‘of, the “Memorandum of

Agreement.”

It shall be understood that’ the meaning of

Section 4, Paragraph (b) of the “Memorandum.

of Agreement”—captioned OVERHEAD SUP-

PORTING STEEL FOR STEAM GENERA-

TORS—shall be as follows:— |

“The erection of all rods and other steel

‘members, attached to the members described

a . 43

in Paragraph (a) and used for the purpose of

supporting tubes and other Boilermaker’s work,

which are a part of the steam generating unit,

shall be performed by the Boilermakers.”

I believe that confirmation of these clarifications

by International President Charles J. MacGowan

and General President J. H. Lyons, as well as

-yourself and the writer, would be sufficient and

thereby eliminate any neéd to reopen the present

“Memorandum of Agreement” as ratified by both

-International Unions. a ,

I am, with best wishes

‘ Fraternally -yours,

- « Lg J. R. DOWNES,

JRD:HB a General Secretary.

’ January 18, 1954

R. J. Gray, President _

. Building & Construction Tradés Department

- American Federation of Labor

Washington, D. C.

Dear Mr. Gray: -

I am advised that you have received the agree-

ment signed by President J. H. Lyons and Presj- -

dent Charles J. MacGowan, dated January 12, 1954

an identical communication which was sent to the

National Joint Board.

In accordance with Article III, Section 2 of the

Agreement creating the Joint Board, I hereby _

attest to this agreement, :

It is my understanding that the two organizations

intend to print the agreement in convenient form

in the near future.

Very truly yours, =

(Signed) JoHN T. DUNLOP =

_ €Chairman

JTD:thw National Joint Board

September 13, 1954

Wm. J. McSorley, General President

Wood, Wire and Metal Lathers International.

Union

Ambassador Hotel

Los Angeles, Calif.

Dear Sir and Brother:

At your request and in order to avoid any mis-

understandings with the Wood, Wire and Metal

Lathers International Union, the undersigned wish

to advise that Section 1, captioned “Wire Mesh”

of the Memorandum of Agreement dated September

23, 1953, entered into between the Jnternational

Association of Bridge, Structural and Ornamental -

Iron Workers and the International Brotherhoed————

of Boilermakers, Iron-Ship- Builders, Blacksmiths, .

Forgers and Helpers is not intended and does not

apply to the erection of light iron furring or metal

lath used to receive plaster.

Featerisily yours,.

(Signed). WM. A. CaLvin,

International President,

International Brotherhood of +

Boilermakers, Iron Ship

Builders, Blacksmiths,

Forgers:‘and Helpers

(Signed) J. H. Lyons,

General President,

‘ : ‘ International Association of

Bridge, Structural and

Ornamental Iror Workers

e : -¥

Asbestos Workers—Bricklayers

Boiler Wall Construction

January 28, 1954

AGREEMENT BETWEEN THE INTERNA-’

TIONAL ASSOCIATION OF HEAT AND

FROST. INSULATORS AND ASBESTOS _

WORKERS AND THE ‘BRICKLAYERS,.

-MASONS AND PLASTERERS’ INTERNA-

TIONAL UNION OF AMERICA.

(1) This agreement covers the installation and

application of all.insulating materials on boiler wall —

construction.

(2) In the application of insulating materials

over the boiler walls after. same is completed, when

said insulation is applied in one continuous opera-

tion and not in.conjunction with the refractory

_ ‘material, this is the work of members of the Inter-

national Association of Heat and Frost Insulators

and Asbestos Workers.

(3) In cases where the insulation on the out-

side of the boiler walls is applied in conjunction

with refractory materials as it progresses: (scaf-

fold high), said insulation is the work of members -

of the Bricklayers, Masons and Plasterers’ Inter-

national Union of America.

(4) In the event that a dispute over the applica-

tion of this agreement cannot be settled locally,

there shall be no stoppage of work, and the dispute

shall be referred to the headquarters of both Inter-

national Unions for settlement.

all. International Association of Heat

and Frost anaetors and Asbestos

Workers:

(Signed) JosepH A.- MULLANEY.

HuGH E. MULLIGAN. |

_C. W. SICKLEsS.

Bricklayers, Masons and Plasterers’

International Union of America: ,

(Signed) Harry C. BATES.

, JOHN J. MURPHY.

THOMAS F. MURPHY.

A. J. CLELAND.

Attested:

JoHN T. DuNLop, Chairman,

National Joint Board for Settlement

of Jurisdictional Disputes.

Feburary 2, 1954.

DECISIONS OF A.F.OF L, °

.DECISION OF AMERICAN FEDERATION

OF LABOR IN RE ISSUANCE OF CHAR.

40 Park Avenue, ‘Chicago, Tl).

Dear Sir and Brother:

Today, Brothers Feeney and Havenstrite, of your

organization, called at this office -and requested a

definite statement regarding matters of jurisdiction

of your International Union. _ °

Of Course, you are aware that the same subject

ican Federation of Labor, the following claims: to

work were embodied in your application: -

“The assembling of al] elevator machinery, to

wit: Hydraulic steam, electric, belt and compressed

air; also assembling and building escalators, or

traveling stairways; the assembling of all cars com-

plete; putting up all uides, either of wood or iron;

the setting of all tanks, whether pressure, open or

pit tanks; the setting of all Pumps “(where pumps

arrive on job in parts, they are to be assembled by

members of this union). All electric work con-

nected with car machinery and hoisting, including

bells, annunciators and lights; all overhead work;

either of wood or iron, and supports for the same

when required; the setting of all templets, all in-

dicators; all foundations, either of wood or iron,

that would take the place of masonry; the assem-

bling of all hydraulic -parts in connection ‘with

elevators; all locking devices in connection with

elevators; the boring, drilling and ‘sinking of all

plunger elevators; all link belt carriers, and all —

_work in general pertaining to the erection and

equipment of an elevator complete.”

Prior to issuance of the charter to your or-

ganization, claims to jurisdiction were made by sev-

eral organizations of some classes of work which

were not allowed. Then an’ agreement was reached

between the representatives of the International

. Union of Elevator’ Constructors and the Interna-

tional Brotherhood of Electrical Workers, by which

your organization yielded to the electrical workers

the following classes of work: “The electrical work

on flashlights, electrical annunciators and lamps,

and feed wires to the controller.” With that

reservation, and with those claims made by your

organization to jurisdiction, the-charter was issued

by the American Federation of Labor. _

Fraternally yours,

(Signed) SAMUEL GOMPERS,

. President American Federation of Labor

DECISION OF THE AMERICAN FEDERA-

TION OF LABOR IN RE JURISDICTION ©

OF ENGINEERS.

(Decision Norfolk, Va., Convention, Amevican Federation of

Labor, November 11-23, 1907, — No. 124.)

; ‘Resolved, That. hoisting and portable. local unions.

of the International Union of Steam Engineers have

jurisdiction over the motive power of" all derricks,

cement-mixers,. hod-hoists, pumps, .and other ma-

chines used on construction Work and be it further

Resolved, That the Building Trades organita-

tions be requested to give all the assistance pogsible

‘to. the Hoisting and Portable Locals of the I. U.

_S. E. in maigtaining the scale of wages now paid on

this work. “

This shall not, however, be construed as’ prevent-

ing the International. Brotherhood of E ectrical

Workers from using a hand or electric. winch for

the purpose pf pulling wire or cable through con-

duitg, nor thé wiring and repairing of all electrical

* appliances.

DECISION OF AMERICAN FEDERATION

OF LABOR ELECTRICAL WORKERS—

ENGINEERS. : °

(Decision Cincinnati, Ohio, Convention, American Federation

. . of Labor, June 1922.)

That the electrical installation, electrical repairs,

overhauling of general electrical apparatus in gen-

erating stations, substations and the operating of

exclusively electrical-driven machines in the afore-

mentioned plants or stations also that the operation

. e na

\ é .

; . - .

of traveling or other electri? cranes for shop or fac-

tory purposes shall be Electrical Workers *work.

“This decision is not to interfere with the juris-

diction of the Steam and Operating Engineers over

operating steam-generating plants, electric hoists

in building construction or electric ghovels.

“These conclusions: are not intended to disturb

any other conditions obtained that are mutually.

satisfactory at this, time, or that have been provided

for by past action of ,the American Federation of

Labor which are not in conflict with this decision. “i

DECISION OF AMERIC-AN FEDERATION

OF LABQR IN. RE‘ DISPUTE BETWEEN

_ TEAMSTERS AND IRON WORKERS.

The following is a decision . of jurisdiction dispute :

existing between the International Brotherhood of

Teamsters, @hauffeurs, Stablemen and Helpers of

‘America, and the Bridge’ and Structural Iron,

Workers’ International Union, rendered by an Ar-

bitration’ Committee appointed by ‘the Executive

Council and adopted by the Convention of the

American Federation of Labor ns in Portland,

Oreg., October, 1923:

“It is clearly evident that the Bridge and Struc-

tural Iron Workers” International Union has grad-

ually and persistently encroached upon the jurisdic-

tion of the International Brotherhood of Teamsters,

Chauffeurs, Stablemen and Helpers of America.

It has constantly endeavored to broaden the juris-

diction by claimin®, and in some instances practi

ing the rights to load and unload materials off and

on wagons, trucks and automobiles. In the opinion

of the Committee, this work cleamly belongs to the

apeeran tional Brotherhood " of Teamsters, Chauf-

817

feurs, Stablemen and, Helpers of America. This

“work was conceded to this organization through its

charter of affiliation with the A. F. of L. All load-

. ing,-hauling and unloading of materials on and off

wagons, trucks and automobiles belong to the In-.

ternational’ Brotherhood of Teamsters, Chauffeurs,

Stablemen and Helpers of America. However,

where building material is hauled to buildings under

construction and the foreman, contractor, or person

in charge of the erection of the building, directs that

it be hoisted from the wagon, truck or automobile,

such hoisting shall be done by the members of the

Bridge and Structural Iron Workers’ International

organization. Where it is leaded from the wagon,

truck or automobile on the ground, street or side-

- walk, such work shall be done by the members of -

the Brotherhood of Teamsters, Chauffe , Stable-

men and Helpers of Anrerica.” &

‘DECISION OF AMERICAN FEDERATION

OF LABOR IN RE ERECTION OF ECON.

OMIZERS.

(Decision El Paso, Tex., Convention, American Federation of

Labor, November 17-25, 1924.)

in the controversy existing between the Brother-

hood of Boiler Makers and the United Association

of Plumbers and Steam Fitters over the erection

of economizers, the decision is that in the opinion

of the Executive Council the work belongs to the

United Association of Plumbers and Steam Fitters.

United Association of Journeymen Plumbers and

: Steamfitters ; ‘

By the decisions of the American Federation of

Labor, rendered at both the Atlanta and Rochester

conventions, the substance of this. action of these

“conventions of the American Federation of Labor

was that there was only reom far one organization

in the pipefitting industry. And, that the United

Association of Journeymen Plumbers and Steam-

fitters is recognized as the only organization hav-

ing complete ¢gntrol of the pipefitting trade and

industry in its entirety throughout the United

States and Canada. oneal ,

Following are the official decisions of the Amer-

ican Federation of Labor:

Atlanta Decision

The Atlanta Convention of the American Fed-

eration of Labor, held in Atlanta, Ga., November

13 to 25, inclusive, 1911, declared “that both for har-

mony and practicability the pipefitting trade should

be represented in the American Federation. of

Labor, also in the Building. Trades Department,

by one general association of the pipefitting in-

dustry, namely the United Association of Plumbers,

Gas Fitters, Steamfitters and Steamfitters’ Helpers

of the United States and Canada, and further, that

the Executive Council of the Building Trades De-

partment be requested to carry. that declaration into

effect.” (See page 339 of the 1912 Rochester Con-

vention proceedings.) :

Rochester. Decision

The Adjustnient Committee’s report to the dele-

gates assembled at the Rochester Convention of

the American Federation. of “Labor, held . at

Rochester, N. Y., November 11 to 23, inclusive,

1912, is as: follows:

Your committee reports that it has considered

. carefully the efforts made by the Executive Coun-

cil of the American Federation of Labor to carry

out and make effective the ‘instructions of the

Atlanta‘ Convention, which declared that: both

for harmony and practicability the pipefitting trade ©

should be represented in the American Federation

of Labor, also in the Building Trades Department,

by one general association of the pipefitting in-

dustry, namely, the United Association of Plumb-

ers, Gas Fitters, Steamfitters and Steamfitters’

Helpers of the United States and Canada.

DECISIONS RENDERED BY THE NATIONAL

BOARD FOR JURISDICTIONAL AWARDS IN

THE BUILDING INDUSTRY,

——

Air Coolers, Air) Washers and Blowers, Consist-

“ing of the Assembling of Sheet Metal

: and Pipe Fitting

DECISION RENDERED MARCH 11, 1920

(Subject of dispute between the Amalgamatéd Sheet ‘ Metal

Workers’ International Alliance and the United ‘Association

of Plumbers and Steamfitters.)

The following agreement between the Amalga-

nated Sheet Metal Workers’ International Alliance

ind the United Association of Plumbers and Steam-

itters was confirmed:

September 9, 1918.

The undersigned committee, appointed by the

reneral Presidents of their respective International -

rganizations namely, the United Association of

‘lumbers, Steamfitters and Steamfitters’ Helpers.

nd the Amalgamated Sheet Metal Workers’ Inter- ~

ational Alliance, held joint conferences in the City .

f New York, beginning September 5, 1918, in an

ndeavor to arrive at an agreement concerning air

ashers, fans, blowers, the housing of same, and

1e pipe fitting on same. .

After lengthy meetings participated jn by all of

ie undersigned, representing the Joint Conference

ommittee of both International Unions, the fol-

wing has been agreed to:

SECTION 1. That all ahieck metal work of No. 10

: 85

gauge, or lighter, when used in air washers, fans,

blowers, or on the housing of same, shall be recog-

nized as being the work of the members of the

Amalgamated Sheet Metal Workers’ International

Alliance.

Sec. 2. That all pipe fitting in connection with

the above first section shall be recognized as being

the work of the Steamfitters, members of the

United Association of Journeymen Plumbers,

Steamfitters and Steamfitters’ Helpers. ;

Sec. 3. It being thoroughly understood by all

of the undersigned that all the assembling and

erecting of the work as defined in Section One, shall

be the work of the members of the Sheet Metal

Workers’ International Alliance, excepting pipe

fitting of all kinds, which shall be the work’ of the -

Steamfitters and Steamfitters’ Helpers of the .

United Association.

Sec. 4. This agreement shall become effective

and in full operation for all parties concerned be-

ginning November 1, 1918.

Signed for Sheet: Metal Workers this 9th day of

September, 1918:

jauics LENNON, Gen. Org., |

R. PATTISON, Chairman,

W. M. O’BRIAN, Secretary,.

WoM._H. Lyons,

. THOS. WALSH,

Epw. P. O’NEIL.

Signed for United Association: ‘

E. W. LEONARD, Go. iid

. CHARLES M. RAU,

RICHARD P. ‘WALSH,

A. P. JOHNSON,-

Leo A. MURPHY.

86...

Low Pressure Heat

(Subject of dispute between the United Association. of

Plumbers and Steamfitters , and the International Union

of Steam Engineers in the Matter of maintaining tem-

porary heat while’structure is in course of construction. )

DECISION RENDERED MARCH 11, 1920

In the matter of the controversy between the en-

gineer and steamfitter on the question of low pres-.

sure heat during completion of the heating system

jurisdiction shall rest with the steamfitters until the

initial test is completed, immediately after which

time, whenever necessary to maintain heat, a sta-

tionary engineer shall be. employed: either by the

contractor or the owner. a

- Low Pressure Heat (Rehearing)

(Subject of ,dispute between International Union: of Steam

Engineers and United Association. of Journeymen Plumbers

and Steamfitters.) * ;

DECISION RENDERED AUGUST 2, 1923 —

In the matter of the controversy between the en-

gineers and steamfitters on the question of low

pressure heat during the completion of the heating

system while. the building is under construction,

jurisdiction shall rest with the ‘steamfitters until

the general test has been made and the work ac-

cepted by the owner or his agent.

Pipe Railing or Guards for Enclosures, Stair-

: ways, Hatches, etc.

(Subject of dispute between the Bridge and Structural Tron

Workers’ International’ Association and the United Associ-

ation of Plumbers and Steamfitters. Claimed by the Iron

Workers entirely except when not used as a conduit for

DECISION RENDERED MaRcH 11, 1920

Pipe railing consisting of standard-size cut and

threaded pipe, not used in connection with struc-

tural or ornamental iron work, - is awarded to

Plumbers. and Steamfitters.

INTERPRETATION RENDERED SEPTEMBER 15, 1920

“Iron pipe railing consisting of a preponderance

* of slip-joints made rigid with or without set-screws,

pinions or rivets, supported by a threaded joint and

flange at base or walls, is the work of the Iron

Workers. Where, however, the preponderance of

joints is of standard-sized cut and threaded iron

pipe, it belongs to the Plumbers and Steamfitters.”

Re-enforced Concrete, Cement and Floor

. Construction ;

(Subject of dispute between the Bridge and Structural Iron

Workers’ International Association and the Wood, Wire and

Metal Lathers’ International Union.)

DECISION RENDERED MARCH 11, 1920

‘In the matter of the controversy between the Iron

orkers and Lathers over re-enforced concrete

construction, it is decided that all iron and steel

used for re-enforcement in re-enforced concrete,

cement and floor construction be awarded to the

Iron Workers.

In such cities-and localities as are covered. by

existing agreements with employers awarding

Lathers control over re-enforced concrete construc-

tion, these agreements are to be maintained invio-

late until the date of their expiration, after which

this decision shall prevail.

. 88

INTERPRETATION RENDERED DECEMBER 4, 1920.

In the interpretation of this Board’s decision of

March 11, 1920, in the matter of the controversy

between the Iron Workers and Lathers over re-

enforced concrete construction, it is not to be un-

derstood as abrogating, setting aside or in any way

altering the decision of the Rochester Convention ~

of the Building Trades Department, November 29,

1912, awarding jurisdiction over Hy-rib Lath to the

Lathers, and it is to.be understood that the placing

of Hy-rib Lath or any ribbed metal lath, however it

may be used, comes within the jurisdiction of the

Lathers.

VitroTite and Similar Opaque Glass

(Subject of dispute between the Bricklayers, Masons and

Plasterers’ International Union and the Brotherhood of

Painters, Decorators and Paperhangers.) :

DECISION RENDERED MARCH 11, 1920

' That in the matter of the controversy between the

Painters and Bricklayers on the subject herewith

referred to, jurisdiction over the setting of vitrolite

and similar opaque glass is awarded to the Brick-

layers. 72s

Vitrolite and Similar Opaque Glass (Rehearing)

(Subject of dispute between’ the, Bricklayers, Masons and

Plasterers’ International Union and the Brotherhood - of

Painters, Decorators and Paperhangers.)

DECISION RENDERED MAY 26, 1924

It is the opinion of the Board that the foregoing

decision of March 11, 1920, is intended to convey

to the Bricklayers all counters and lavatories con-

structed of vitrolite or carrara glass and such glass

when used in mural decorations on buildings in

place of marble or other stone or used in conjunc-

tion with marble pr other stone as panels gn.

counters.

It is the further opinion of the Board that the

foregoing: decision is intended to convey all vitro-\

lite, opalite, white opal and other opaque glass in- \

‘stalled on false work, furring strips, walls, ceilings,

partitions or columns, secured with screw rosettes,

molding, putty, expansion, toggle bolts or screws,

to the Painters. ,

_ The agreement of December 5, 1910, which was

concurred in by the Board of Awards on July 12,

1922, remains’ in effect, and any disputes that may

arise in connection with the subject of the agree-

ment with the Board’s decisions shall be adjusted in

accordance with the provisions contained in Sec- |

tions 3 and 4 of the agreement. ;

Asbestos Plaster for Boiler Rooms, etc.

(Subject. of dispute between the, Operative Plasterers and

Cement Finishers’ International Association and the Inter-

national Association ‘of Heat and Frost Insulators and

Asbestos Workers.)

DECISION RENDERED APRIL 28, 1920

In the dispute between the Asbestos Workers and

Plasterers on the matter of plastering boiler rooms,

etc., it is decided that the insulation and finishing

coat on ceilings with asbestos and other insulating

material, where the groundwork has been prepared

and installed by the Asbestos Workers, shall, in-

_ eluding the application of insulating ‘material on

boilers, tanks, vats, etc., be awarded to the Asbestos

Light Iron Furring, Brackets, Clips, Hangers,

Corner Guards, Beads and Metallic Lath

’ (Subject of dispute between the International Union of Wood,

Wire and Metal Lathers and the International, Association of

« .

Bridge and Structural lron Workers.) _

(Award .of the Denver Convention, Building Trades Depart-

ment, A. F. of L., adopted -November, 1908. See printed

proceedings, Pages 69 to 71, inclusive.)

DECISION RENDERED APRIL 28, 1920

y In the matter of dispute between the- Interna-

tional Union of Wood, Wire-and Metal Lathers and

the International Association of Bridge and Struc-

tural Iron Workers referred to in the foregoing

title, the following award is concurred in:

“After going into an extended hearing of the

jurisdiction claims of both organizations, your com-

mittee recommends that the erection and installa-

tion of all light iron work, such as light iron fur-

ring, brackets, clips, hangers, steel corner guards or

beads,*. and metallic lathing of all descriptions be-

long solely to the Lathers. ~ at

“This does not give the right, however, to the

Lathers ‘to install or erect any other iron work .

than as herein specified and outlined. v

“This decision is based in conformity with the

agreement entered into by the national officers of

both organizations and endorsed by the Kansas City

Convention of Structural Iron Workers and con-

curred in by the Ameri¢an’ Federation of Labor.”

Hy-Rib. Lath

In supplement of the foregoing decision the Roch-

ester Convention of the Building Trades Depart-

ment, November 29, 1912, awarded jurisdiction over

Hy-rib Lath to the Lathers.

(Note interpretation rendered December 4, 1920, re-enforced

Concrete, Cement and Floor Construction.)

f — .]

* Note the following decision.

Metallic Corner Beads When Set in Plastic

0 Material — oy. ;

(Subject of dispute between_tbhe Operative Plasterers and

Cement Finishers’ International Association and the Wood,

Wire and Metal Lathers’ International Union.)

DECISION RENDERED MARCH 11, 1920 A

the

In the matter of the controversy between

Plasterers and Lathers on the question of the adher-

ence of corner beads, by plastic material, it is the

opinion of the Board that deserved consideration

was not given the subject when the previous deci-

”

sion was reached. It is therefore agreed that the.

Plasterers are awgfded jurisdiction over sticking

with plastic matefial metallic corner beads.

Acetylene and Electric Welding

memorandum. )

DECISION RENDERED APRIL 28, 1920

In the matter of the dispute referred to. in the

Convention sof the Building Trades Department,

A..F. of L. November, 1914 (see printed proceed-

ings, Page 99), the following agreement is con-

curred in: ,

“Representatives of the Electrical Workers,

Sheet Metal Workers, Iron Workers, Plumbers

and og cpanel and Machinists mutually agreed

to the foilowing decision: . .

_ “Each trade to have jurisdiction over all acety-

‘lene and electric ‘welding when such process is used

to perform the_work of their respective trades.”

Bronzing and Painting of’Radiators and Pipe

(Subject of - dispute between the Brotherhood of Painters, .

Decorators-and Pgperhangers and the United Associtaion of

Plumbers and Steamfitters. ) .

ay . ¢

P :

eee Ps

_ (Subject of dispute between the trades named in the following

(Award of Rochester Convention, Building Trades Department,

A. F. of L., adopted November 29, 1912. See Page 141,

‘printed proceedings. ) \ D

DECISION RENDERED APRIL 28, 1920

In the matter of the subject referred to in the J

foregoing title, the following award is concurred in:

Resolved, That the United Association of Plumb- :

ers and Steamfitters be and is instructed to require f

_ that its affiliated unions desist from further tres- .

pass upon the jurisdiction of the Brotherhood of .

Painters, Decorators and Paperhangers of America,

and when and where necessary to notify their em-

ployers that neither journeymen nor helpers will be

permitted to do this work. .

Application. of Damp-Resisting Preparations and

a Waterproofing

(Subject of dispute between United Slate, Tile and Com-

position Roofers, Damp and Waterproof..Workers’ Asso-

ciation and the Brotherhood of Painters, Decorators and

Paperhangers. } .

‘DECISION RENDERED APRIL 28, 1920

In‘ the matter of dispute referred to in the.

foregoing title, the following agreement is con- “

curred in:

Agreement entered into by and between the

Brotherhood of Painters, . Decorators and Paper-

hangers of America and the United Slate Tile and

Composition Roofers, .Damp and Waterproof

Workers’ Association,

‘Fifst. That the Painters do not claim the right

to apply any of the material claimed by the Slate,

Tile and Composition: Roofgrs, Damp and Water. ;

proof Workers, except such material as is applied

by a brush that is ordinarily used by’the Painters in ;

applying the materials covered in their jurisdiction. ~

‘’

a ° ~

Second. _That the Slate, Tile and Composition

Roofers, Damp and Waterproof Workers do not

claim the right to apply any of the material in

dispute except when applied by or with a three-

knot, long-handled brush, mop or swab, and spray

- system employed therein.

Erection of Scaffolds as Applied to Building

Construction

(Subject of dispute between the International Hod Carriers’,

Building and Common Laborers’ Union, United Brotherhood

of Carpenters and Joinerss, Operative Plasterers and Cement

Finishers’ International Association and Bricklayers, Masons

and Plasterers’ International Union. )

DECISION RENDERED APRIL 28, 1920 -

- In the matter of the dispute between the Labor-

ers, Bricklayers, Plasterers and Carpenters over the

erection of scaffolds as applied to building construc- :

tion, it is agreed that the erection and removal of °

all: scaffolds, including. trestles and horses used

primarily by Lathers, Plasterers, Bricklayers and

Masons, shall be done by the mechanics and labor-

ers in these trades as directed by the employer.

Self-supporting scaffolds over fourteen feet in

height or any special designed scaffolds or thosé

- built for special purposes shall be built by the

- Carpenters.:

The making of horses and: trestles other than

_ temporary is the work of the Carpenter.

Marble and Slate Partitions, Backs and Floor

Slabs for Urinal Stalls, Closets, and

. Showers, Setting of _—>

(Subject of dispute between the Bricklayers, Masons and

Plasterers’ International Union and the United Association

of Plumbers and Steamfitters.) .

(Award of — Convention, Building Trades Department,

94 : i

‘ .

A.F. of L. adopted November 28, 1912. -See ‘Page 132,

printed proceedings. Award of Buffalo Convention, Novem-

ber 9, 1917. See Page 92, printed proceedings.)

DECISION RENDERED APRIL 28, 1920

Ip the matter of the subject referred to in the

foregoing title, the following award is concurred in:

Resolved, That the setting of floor slabs, backs, .

partitions of urinal stalls, closets and shower baths

properly belong to the Bricklayers.

The foregoing decision does not. concede to the

Bricklayers the right to install marble work that is:

- connected with the water supply or sewer or water-

tight work regularly catalogued as plumbing fix-

tures.

- Muslin and Canvas for Decorative Parpests.

Tacking of .~

(Subject of dispute between the Brotherhood of Painters, Dec-

orators and Paperhangers and the I. A. Heat and Frost

Insulators and Asbestos Workers.) ’

(Award of Buffalo Convention, Building Trades Department,

A. F. of L.,. adopted ovember 10, 1917. See Page 108,

printed proceedings. )

DECISION RENDERED - APRIL 28, 1920

In the matter of the subject referred to in the

foregoing title, the following award is concurred in:

Resolved, That this convention notify and in-

struct the officers of the Asbestos Workers’ Inter-

national Union that the tacking of all muslin and

canvas for decorative purposes is the jurisdictio= of

the Painters and that they instruct their members

, to refrain from doing any of this work.

. - Pile Driving Machinery and Engines,

Operation of ,

(Award. of Buffalo Convention, Building Trades ‘Departme

A. F. of L., adopted November, 1917. See Pages 59 and 05,

printed proceedings. )

DECISION RENDERED APRIL 28, 1920.

.In the matter’ of the subject referred to in the

foregoing title, the following award is concurred in: ~

Such workmen as are employed in the operation

of engines or.machinery in connection .with a pile

driver come under the jurisdiction of the Engineers. ~

Sheet Metal Glazing for Sash, 7, Doors,

Skylights, etc.

-. (Subject of dispute between the Brotherhood ef Painters, Dec-

orators and Paperhangers and Sheet Metal Workers’ Inter-

national Association.)

. DECISION .RENDERED APRIL 28, 1920

In the matter of the dispute referred to in the

foregoing title, the following agreement is con-

curred in:

_ Agreement entered into by and between the Gen-

eral Executive Board of the Brotherhood of Paint-

‘ers, Decorators and Paperhangers of America, and

the Sheet Metal Workers’ International Association —

shall take effect December 1, 1910, and remain

in force until amended, revised or. changed ° at a

meeting -between the representatives ‘of both organ-

izations called for this purpose.

SECTION 1. It is agreed by both oti to this

agreement that all glass set in sheet metal sash,

frames, doors or skylights, shall be set by Painters,

according to their claim of jurisdiction granted by

the convention of the Building Trades Department,

oi: F. of L., at St. Louis, December, 1910; and that

“all sheet’ metal work on sheet metal ‘sash, frames,

doors, or skylights shall be done by Sheet Metal |

Workers.

SEc. 2. In ‘localities where differences now exist

or may arise in the future, such differences shall be

Were Ya etree ee CO a a

adjusted by a committee appointed by and repre-

senting the district councils or local unions of both

tee be unable to agree, a representative of the Gen-

eral Executive Board of each organization shall be

called in to assist in the adjustment.

SEC. 3..It is also agreed that the national officers _

of both organizations where local unions fail to

agree shall insist that this agreement be carried out

by affiliated unions.

Slate Treads When Set on Iron Stair Case —

(Subject of dispute between the Bricklayers, Masons and Plas-

terers’ International Union and the International Association

of Bridge and Structural Iron Workers.)

In the matter of the subject referred to in the

foregoing title, the following award is concurred in:

DECISION RENDERED APRIL 28, 1920

Slate treads on iron stairs having provoked a dis-

' pute in jurisdiction between the organizations above

‘named, was submitted to the Executive Council

November 20, 1909. The action taken follows: .

The Executive Council of the Building Trades

’

Department, on being called upon for a decision;

awarded the work in question (slate treads) to the

Bricklayers. ;

Unskilled Labor, with Special Reference to the.

Loading and Unloading of Material as Applied

to_Re-enforced Concrete Construction

(Subject of dispute between the International Hod Carriers,

Building and Common Laborers’ Union and International

Association of Bridge and Structural Iron Workers.)

a . a

DECISION RENDERED AUGUST 2, 1920

AMENDED DECEMBER 11, 1924

It is the decision of the Board that the loading

and unloading, carrying and handling of al] rods

and materials for use in re-enforcing concrete con-|

“struction shall be done by laborers under the super-

vision of such persons as the employer may desig-

nate The hoisting of rods shall be done by laborers,

except when a derrick or outrigger operated by

other than hand-power is used. This decision ap-

plies only to the character of work stipulated herein.

In such localities where existing agreements pro-

vide otherwise, this decision is to. become affective

at the expiration thereof.

Defects in Concrete Caused by Leakage, Bulging,

Sagging, etc., Through Defective or

Shifting Forms

(Subject of dispute between the Operative Plasterers and

Cement Finishers’ International Association and the In-

ternational Hod Carriers, Building and Common Laborers’

Union.)

DECISION RENDERED AUGUST 2, 1920

. When finishing tools are not used or required,

the work shall be done by the laborer.

The filling of voids and other work requiring

patching, where finishing tools are used and re- °

quired, shall be done by the cement finisher. .

Setting and Alignment of Tile and Porcelain

(Subject of dispute between the Bricklayers, Masons and Plas-

~ terers’ International Union and the United Association of

Plumbers and Steamfitters.)

DECISION RENDERED DECEMBER 4, 1920"

In the matter of controversy between the Tile

Layers and Plumbers over setting and Alignment

of Tile and Porcelain Bathroom Accessories, it is

decided that all bath and toilet room accessories

made of clay products, built-in tile-faced walls, shall

be the work of the tile setter.

Anchors for Bathroom Accessories

(Subject of dispute between the Brieklayers, Masons and Plas-

terers’ .International Union and the United Association of

Plumbers and Steamfitters.)

‘DECISION RENDERED NOVEMBER 14, 1923

All bathroom accessories, except those covered.

by decision rendered December 4, 1920, placed after

finished tile wall surfaces are completed, shall be

set by Plumbers and Steamfitters. -When anchors

for bathroom accessories are built into finished tile

wall construction, the setting of same shall be done

by Bricklayers and Masons and when any such

anchors are placed after finished tile wall surfaces

are completed, the work shall be done by Plumbers

and Steamfitters.

* Jurisdiction Over Foremen on Sateriox Concrete

olumns, Foundations for Engine anf

Machinery Beds

(Subject of dispute between the Bricklayers, Masons and Plas-

terers’ International Union, International Hod Carriers,

Building and Common Laborers’ Union and the Operative |

Plasterers and ‘Cement Finishers’ International Associa-

tion.)

DECISION RENDERED DECEMBER 4, 1920

In thé matter of the jurisdiction over Foremen

on Interior Concrete Columns, Foundations for En-

gine and Machinery Beds as contested by the Brick-

‘layers, Hod Carriers and Plasterers, it is the deci-

sion of the Board that the work shall be done by

the Laborers under the supervision of such skilled

workmen as the employer may désignate. .

“Blectrical’ Work on Elevators (Rehearing)

(Subject of dispute between the International Brotherhood of ,

Electrical, Workers and the International Union of Elevator

Constructors. ) .

DECISION RENDERED DECEMBER i; 1920

REVISED AND AMENDED FEBRUARY 2, 1927

In the matter of dispute between the Elevator

Constructors and the Electrical Workers on the -’

question of all electrical work on elevators, it is

agreed that the electrical work involved in the in-

stallation of signal systems, fans, telephones, elec-

tric light fixtures, illuminated thresholds and feed

wires to the controller on all elevators is the work

of the Electrical Workers; also the electrical work.

in connection with interlocking devices on other

than automatic elevators is awarded to the Elec-

trical Workers. ;

The term “automatic elevator,” as used in this

award, includes the full automatic, double push-

button single control and department store —

elevators.

Bishopric Board, When Apple as a Substitute

for Lath and Sheathing

(Subject of dispute between the United Brotherhood of Car-

penters and Joiners and the International vain of Wood,

Wire and Metal Lathera, )

DECISION RENDERED DECEMBER 4, 1920

In the matter of the dispute over the installation

of Bishopric Board when applied as a substitute for

lath, it is the decision of the Board that.the work

. shall be done by the Lathers; where the same is

used for sheathing it shall be the _work of the ae

penters.

100

Flaxlinum Keyboard Insulation

(Subject of dispute betweeff the United Brotherhood of

Carpenters and Joiners and the International Union of

Wood, Wire and Metal Lathers.)

DECISION RENDERED DECEMBER 4, 1920

In the matter of the dispute over the installation

of Flaxlinum Keyboard and Insulation, it is the

decision of the Board that when the same is used

as a substitute for lath or when any plastic ma-

terial is to be applied, the work shall be done by the

Lathers; when Flaxlinum is used as insulation or

sheathing it shall be the work of the Carpenters.

Installation of Metal Windows

(Subject of dispute between the Sheet Metal Workers’ Inter-

national Association and the: International Association of

Bridge and Structural Iron Workers.) .

DECISION RENDERED May 5, 1926

The installation of. metal windows having cast-

iron sills and cast-iron head blocks or in which

three or more of the structural parts—that is, the

sills, heads, jambs and mullions—are heavier than

ten-guage, shall be the work of the Iron Workers;

otherwise it shall be the work of the Sheet Metal

Workers. ;

Hoisting, Lowering and Placing of Elevator:

Machinery

‘(Subject of dispute between the Eleyator Constru€tors’ Inter-

national Union and the International Association of Bridge

and Structural Iron Workers.) :

DECISION RENDERED FEBRUARY 7, 1922

In the matter of the dispute between the Elevator

. Constructors and Bridge and Structural Iron Work-

. ers referred to in the’ foregoing title, it is décided

101;

that the Elevator Constructors be awarded the

hoisting,. lowering and placing of elevator ma-_

chinery. ; 7

Glazing as Hereinafter Described

(Agreement for avoidance of dispute between Brotherhood of —

Painters, Decorators and Paperhangers and Bricklayers, Ma-

sons and Plasterers’ International Union as endorsed by.

Building Trades Department, A. F. of L.)

DECISION RENDERED JULY 12, 1922 -

In the matter of the subject referred to in the

~ foregoing title, it is the. decision of the Board that

the following agreement be concurred in:

Agreement entered into by and between the Gen-

eral Executive Board of the Brotherhood of Paint-

ers, Decorators and Paperhangers of America, and

the General Executive Board of the Bricklayers, «

‘Masons and Plasterers’ International Union shall

take effect December 5, 1910 and remain in force

until amended, revised: or changed at a meeting be- °

tween the representatives of both organizations

called for this purpose, .

SECTION 1. It is agreed by both parties to ‘this

agreement that all plate and window glass, mirrors, .

beveled plate, rough, ribbed, wire, figured, colored,

or art glass set in sash, frames, doors or skylights

_eonstructed of wood, sheet metal, iron, stone, or

other material and set with putty or moulding, shall

be set by Painters, and that where glass is used as

a substitute for ceramic, mosaic, or encaustic tile,

and set on floors, walls and ceilings in mortar, ce-

ment or other plastic material used to secure such .

‘tile in position, shall be set by Bricklayers when

cut to size and shape for setting. It is further

agréed by the Bricklayers that all glass delivered on

‘ jobs in stock sheets shall be cut to the required. size-

by the painters. :

102

SEc. 2. It is agreed by both parties to this agree-

ment that all plate and window glass, mirrors,

beveled plate, rough, ribbed, wire, figured, colored,’

or art glass set in sash, frames, doors or skylights

constructed of wood, sheet metal, iron, stone or

other material and set with putty or moulding, shall

be set by the Painters, and that where glass is used

as a substitute for marble in interior finish or deco-

. ration, and is éarved, cut, polished or rubbed, shall

be set. by the Bricklayers.

SEc. 3. Should any differences arise regarding

the work as covered by this agreement, a committee

appointed by and representing the district council

or local union of each organization in. that locality, .

shall meet and adjust such differences. Should the

. committees of the local unions fail to agree, an

executive officer of each international union shall

be requested to attend ahd assist in the adjustment.

Sec. 4. It is further agreed that.the national offi-

cers of both organizations shall insist that all agree-

ments entered into shall be carried out by affiliated

unions.. _

Operation of Elevators for Hoisting Materials

- (Decision of St. Louis Convention, Building Trades Depart-

ment, A. F. of L., adopted December, 1910. See printed

proceedings, Page 128.)/

J ;

DECISION RENDERED JULY 12, 1922

In the matter of ‘the subject referred to in the

foregoing title, the following decision is concurred

in: : 7 4 fs

The operation of elevators of all kinds when used .

for hoisting any material used in the construction

of buildings is hereby conceded to the Hoisting En-

103

‘ 6 -

gineers affiliated with the InteFmations Union )

Steam Engineers. * ; lead

, Corrugated Sheeting

(Subject of pute. between Interneticnel Association “of.

_ Bridge and Strpetural Iron, Workers add .Sheet Metal

Workers’, — A’sociation.) .

DECISION RENDERED MAY 26, “1928 _ >

‘The erestion of corrugated: metal eu on

steel frames construction when the sheets are”

mired end and side lapped is the work of the Iron

orkers; the erection of all other corrugated metal

sheeting ‘of No. 10 gauge or raat is the work of

the Sheet Metal Workers.

’ Derricks, Erection and Handling for Setting

Stone

(Subject of dispute between the Bricklayers, Masons and Plas-

. terers’ International Union and International Association of

_Bridge and Structural Iron Workers.)

DECISION RENDERED May 26, 1923 “

_ The stonesetter shall have sole jurisdiction over

hand. derricks in connection with the’ setting of

stone. - : -

The erection and operation of power derricks for

setting stone shall be dotie by the Iron Workers

under the direct.’supervision of the stone sette?

who shall determine the number of nien to be em-

ployed. ~

Artifical Stone—~Granite (Dressing, Altering and —

Finishing)

(Subject of dispute between Granite Cutters’ scoceuiied

Association and Journeymeén Stone Cutters Association.

DECISION RENDERED MAY 26, 1923 ~

_ In the matter of dispute- between the Granite

Cutters’ International Association and the Journey-

104°: wll ae

. men Stone Cutters’ Association relative to artificial

. stone, the dressing, altering and ‘finishing of arti-

° ficial stone, casGn imitation of natural stone, ig the

work of the Stone Cutters, except that when any

such artificial stone, by reason of hardness of tex-

- ture requires the use of granite cutters’ tools for

the proper dressing, altering or finishing, it is the

“work of the Granite Cutters.

Flat-fate Tile

: (Subject of dispute between the Bricklayers, Masons and Plas-

terers’ International Union and United Slate, Tile and Com-

position Reofeys, Damp and Waterproof Workers’ Associa-

‘tion.) “« . an |

. *, DECISION RENDERED May 26, 1923

- In the matter of dispute referfed to in the fore-

going title, the following agreement is concurred in:

‘ Bricklayers, Masons and Plasterers’ International

: Union . .

e* v8,

. United Slate, Tile and Composition Roofers, ‘Damp. .

and Waterproof Workers Association

' Agreement enteréd into this 21st day of Febru-

. ary, 1911, amended May 26, 1923, by and between

‘duly accredited representatives of the grganizations

above named, to-wit: ; ;

, Jurisdiction is hereby. concedefl the Bricklayers

bat the.laying or setting of flat-faced tile of every

/éescription when’ laid in.mortar on all flat roofs

or promenade roofs. .

Jurisdiction ‘is hereby conceded’ the Slate, Tile.

and Composition Roofers, Damp and Waterproof

Workers over flat-faced tile of every deseription,

and corrugated tile, when laid in any preparation -

‘of asphalt.on roofs, flat or otherwise. . . -

~?*

16 ' |

oe a “sy.

. ; a ; ;

tated | ~ , . : , _

. . . a

Foremanship Over Concrete Construction

(Subject of dispute between the Bricklayers, Masons and Plas-

terers’ International Union, International.Hod Carriers’

Building and Common Laborers’ Union and Operative Plas-

terers and Cement Finishers’ tarebnantapial Association. )

— RENDERED May 26," 1923

MENDED FEBRUARY 2], 1924

EVISED ‘DECEMBER 11, 1924

In the matter of dispute over concrete construc-

tion, it is decided the work shall be done by laborers

Condes’ Base, Installation of |

" (Subject of dispute bétween International Brotherhood of

Electrical Workers and Sheet Metal Workers’ International

Association. )

‘DECISION RENDERED Avcust 2, 1923

In the matter of. the controversy between the

- Electrical Workers and the Sheet Metal Workers

as to the installation of conduo base, itis decided

that the installation of conduo base is “the work of

the Saat. Metal Workers.

Setting .of Alberene Stone Slabs Used. as Drain

Boards or Backs in Connection with Sinks

’ (Subject of dispute between the Bricklayers, Masons and Plas-

terers’ International Union and the United Association of

Plumbers and Steamfitters.) -_

DECISION RENDERED NOVEMBER 14, 1923°

‘In the matter of the controversy between the

,Bricklayers and.Masons and the Plumbers and

Steam Fitters over the Setting of Alberene Stone

Slabs used as Drain Boards or Backs in Connection

106

_under the supervision of such skilled mechanic as -

’ the mnparer may designate.

‘

‘s

‘with Sinks, it was decided tha: the setting of Alber-

ene stone slabs used as drain boards or backs in

connection with sinks is the work of Plumbers and

Steamfitters. 7

Gunnite Work or Handling of Cement Gun

(Subject of dispute between the International Hod Carriers,

Building and Common Laborers’ Union, Operative Plas-

terers and Cement Finishers’ International Association and

Bricklayers, Masons and Plasterers’ International Union.)

‘

DECISION RENDERED FEBRUARY 21, 1924

In the matter of the dispute referred to in the

foregoing title,.the following decision was reached:

When work to be performed is to be of the

thickness of one and one-hdlf inches or greater, the

handling of the cement gun shall be done by the

Laborers, When the work is less than one and

one-half inches in thickness, the handling and con-

trol of the nozzle shall be the work of the Plas-

terers and Cement. Finishers. .

It is understood that this decision does not allow

the Laborers the -right to finish where any finish-

ing tools are required. :

The application of a coat of. cement mixture by

means of the cement gun on steel, as a protection

against corrosion is not included’ in this decision.

Plastering Work for, Preparation of Wals an

Ceilings for’ Tiling -

(Subject of dispute between the ‘Bricklayers, Masons and Plas-

. terers’ International Union and the Operative Plasterers and

Cement Finishers’ International Assoojation.) .

107

DECISION RENDERED FEBRUARY 21, 1924

After reviewing the controversy in its various

» phases, the determination is reached that the agree-

ment previously existing between the two organ:

izations affords the most practical plan. of adjust-

ment, and the following award is therefore made’

as the decision of the Board: .. .

Plasterers shall prepare or plaster all walls and

ceilings which are to receive tile, except the final

setting bed, which shall be applied by the Tile Lay-

ers; the bath rooms, vestibule and small halls in

single private residences shall be plastered by. the

Tile Setters, ; ;

Concrete Slab Re-enforced (Pre-Cast) for

Roof Tiling —

(Subject of dispute between the Bricklayers, Masons and Plas- ,

‘terers’ International Union and the United Slate, Tile

and Composition Roofers, Damp and Waterproof Workers’

Association, ) :

DECISION RENDERED DECEMBER 11, 1924

Jurisdiction is awarded Slate, Tile and Composi-

¥ tion Roofers, over pre-cast re-enforced concrete

slabs for roof tiling when pointed up with or laid

upon any preparation of asphalt, roofing cements

or other mastics, on roofs, flat. or otherwise.

When laid in cement, lime or gypsum mortars,

the work is awarded to Bricklayers.

Installation of Air Piping in Connection with

Elevator Door Locks

(Subject of. dispute between the United Association of Plumb-

ers and Steamfitters and the International Union of Elevator

Constructors. )

DECISION RENDERED NOVEMBER 11, 1925

When the compressor is used only for elevator .

work, the*work from the water main to the com-

108

* “ bd nursery wr

RRS DETER PRN ORC OT TN a |

pressor and return shall be the work of the plumb- .

ers and steamfitters. The elevator constructor shall

set the compressor and do all the work between the

compressor and the locking -device, but when the

compressor is used for other purposes than elevator -

work, then the compressor shall be set by the

plumbers and steamfitters, and the elevator con- -

structor shall do the necessary piping from the

compressor to his work only, all other work to be

done by the plumbers and steamfitters. ~

Setting, Installing or Sticking of Artificial Stone

(Subject of dispute between the Bricklayers, Masons and Plas-

terers’ International Union and Operative Plasterers and

Cement Finishers’ International Association.) .

- - DECISION RENDERED May 5, 1926

It is decided that the setting, installing or. stick-

ing of artificial stone, the material base of which is

gypsum, plaster of Paris or Keene: cement, resem-

bling plaster in character and density, wherever

used on the interior of building, whether or not re-

inforced with burlap or other ‘fibrous material, re-

gardless of color, or whether or not faced with any

special cement, whether pre-cast or run in place, is

the work of the Plasterers. "8 :

Wherever artificial stone, the material base of

which is of other cements, which comes pre-cast

and resembles the natural stone. in character and

density, regardless of color, whether or not faced

with any special cement, the work is that of the

Bricklayers. % 7 s

Cutting of Chases and Channels in Brick, Tile. and

other Masonry -

(Matter referréd to National Board for Jurisdictional Awards

by Executive Council, Building Trades Department.) -

_ 109

' DEcISION-RENDERED May 5, 1926

Inasmuch as no other trades except the Brick-

layers, Plumbers and Steamfitters and Electricians

have claimed this work, it is decided that the cut-

ting of chases and channels in brick, tile and other

masonry is the work of the Bricklayers, except that

the Plumbers and Steamfitters and Electricians,

shall have jurisdiction to do cutting where required

for the installation of their respective work.

— of Trap Rock Floors by —

‘ ; _ Methods

(Subject ‘of dispute between the Bricklayers, Masons and Plas-

‘terers’ International Union and Operative Plasterers and

Cement Finishers’ International Association.)

The finishing of cement floors where additional

aggregate of stone is added by spreading or sprin-

kling on top of the finished base and troweled or.

rolled into the finish and then the surface ground .

by grinding machines, shall be under the jurisdic- .

tion of the Terrazzo Workers. When no additional

stone or aggregate is added to the finished mixture,

even though the surface may be ground, the work -

shall be under the jurisdiction of the Cement Fin-

- ishers. —

_ Jurisdiction Over Operation of Electric and

Traveling Cranes During Construction

- - . of Building

(Subject of dispute between the International Union of Steam

and Operating Engineers and International Brotherhood of .

Electrical Workers.)

(Decision Executive Council, American Federation of Labor,

; March, :1926.) ;

- ApopTeD AucustT 4, 1926

“The Executive Council has been, asked for an

———— of decision rendered by the 1922 Che

110

ET ee ee ee

cinnati Convention of the American Federation of -

_ Labor, as it relates to the jurisdiction of overhead

or traveling cranes installed asa permanent fixture .

in building while building is under construction and

cranes are being used to handle building material

r the construction of building and also for the

tting of motors, generators and other electrical :

equipment. ; a sik: -

“The decision provides that the Engineers have

jurisdiction over the hoists for building material on .

building under construction, and that the Electrical

Workers have jurisdiction over the overhead or

traveling cranes for shop.or factory purposes.

Therefore if the overhead or traveling cranes are

used exclusively to handle building material for the

building, cranes shall be operated during such con-

struction by members of the Steam and Operating

Engineers. : :

- “If motors and other. electrical equipment are’

being set in place while building is under construc-

‘tion and a crane or cranes are used for such setting,

the Engineers shall operate the crane, handling both

‘building material and electrical equipment until 50

per cent of the motors or electrical équipment are

set, and then the Engineers shall cease to operate

‘crane and shall turn“same over to be operated by

_ operate.”

Electricians, who will operate the crane for all

purposes thereafter. . nN ;

“In the event of two overhead cranes being used

to handle building material and electrical equip-

ment, then one crane shall be operated by Engineer .

and one be operated by Electrician for all the work

required of that crane, in which case-each operator

shail be employed until the plant is completed, when

Engineer shall turn crane over to Electricians to

111

DECISIONS RENDERED AND HELD TO BE

OPERATIVE BY THE BUILDING AND CON-

STRUCTION .TRADES DEPARTMENT.

Jurisdiction Over Spot Grounds

| DECISION BALTIMORE CONVENTION, 1916

All ground work, continuous’ or of spot charac-

ter, for the purpose of receiving trim, shall be done.

by the Carpenter; all spot ground work, when ap-

plied solely for the guidance of plastering work,

shall be done by the Plasterer.

Plast er Boards or Substitute Materials Therefor

JULY 25, 1919

. The jerection or. construction of plaster board

ceilings or partitions which are to receive plaster is

-the work of the Lather. This form of construction

is fundamentally and primarily a lathing feature,

as is wire lath attached to light iron ‘furring.. The

studs or runners used in this form of construction -

are in principle similar to light iron furring as con-

ceded to the Lather. -

“ —

Setting of Seveuile in Cement Construction-and .

Form -Work

a | MaRcH 17, 1920.

The decision is that setting screeds in connection

with.the finishing of cement floors is conceded as

Cement Finishers work.

112

Setting Electrical Motors .

AUGUST 14, 1920

Handling, settire and adjusting of motors and

connecting of power thereto is work of Electrical

Workers. Fastening of motors direct ;to~ motor-

driven machinery is work of Millwrights.

Boilers, Moving, Handling and Placing

Ocroser 3, 1928 >

Work in question being vital part of Steam

- Fitters equipment is therefore the work of the

Steam Fitter. Loe

Holorib Deck Roofing

JANUARY 26, 1928

Have received the sample of Holorib deck roof-

ing. This material béing jess than ten gauge,

therefore, under the- rulings of this Department;

the Sheet Metal Workers have jurisdiction. —

” Steeltex Re-enforcement

. AuGuSsT 9, 1929

Welded wire mesh’ steéltex used primarily for

re-enforcing is the work of the iron workers. Paper

back steeltex which performs the same function and

is used for the same purpose as hy-rib is the work

of the Lather.

Bush Hammering of Concrete Base -Foundation |

_ SEPTEMBER 23, 1930 ° -

The bush hammering of concrete comes within

‘the jurisdiction of the Cement - Finishers.

| - us

{

Teamster-Engineer Decision

OCTOBER 27, 1939 ee.

(Decision rendered by subcommittee of the Executive Council

of the: Building and Construction: Trades Department, A. F.

~of_L., and approved by the 84th Annual Convention of thd

Dep: nt, New Orleans, La., November, 1940.) .

Forac lete report of subcommittee see pages

“138 to 143, inclusive, of. the. Proceedings of the

34th Annual Convention. ;

: - DECISION

All power-driven equipment that is used ex-

clusively as a vehicle to transport any material

, or other matter for building or other construc-

Teamsters and Chauffeurs.” ~

All power-driven équipment used gn any and all

"Yynes building and other construction work,

includi any and all power-driven equipment that

has been in dispute between the Teamsters and

_. Engineers,. comes within the jurisdiction of the

-Internatiorial. Union of Operating Engineers. -

Wm L. HutcHeson, Chairman.

R. J. Gray, Secretary.

ee Wo January 29, J

The Executive Council,

- Building and Construction Trades re, .

American Federation of Labor." _-

.. Your committee appointed to handle the matter

of the dispute between the Intgrnational Brother-

hood of Teamsters, Chauffeurs, -Stablemen and

Helpers and the International Union of Operating

114

“

ae °

. i

Engineers received a request from President Tobin

- of the Teamsters for a clarification of the decision.

President Hutcheson, President Tracy and Mr: ~

Gray met with Messrs. Tobin, Gillespie and Far-

rell on‘ Sunday evening, January 28, and the:

Teamsters requested information on -the following:

“1. On agreements on the Pacific coast, west of .

the Rocky Mountains, which he claimed it would be *

impossible for him to immediately abrogate with-

out. considerable difficulty.

' 2, The matter of operation of what-is known as

trac-trucks which are used exclusively’ for the

transportation of materials.

3. The questions of the members of Tearhster

Unions who had been employed as Chauffeurs on

what is known as a crane mounted on a truck

chassis which is used exclusively in the New York. ;

metropolitan area.

_ The conferenée adjourned after it Was agreed

that your committee would confer with the repre-

2. a: ; eae ;

At the conference with the Engineers: the fol-

lowing were present: John Possehl, Brothers Fay,

Maloney and Stuhr. President Possehl agreed that

he would not! call for. mmediate operation of the

decision that would affect any existing agreements.

on the Pacific coast, west of the Rocky Mountains.

apply to any agreements that may have been made

-after the decision of the committee had been ren-

' dered. ~~ : *. os

On question number two—on the operdtion of

trac-trucks used -exclusi

~ °

~ 115

However, he expressly stated that, this would not ”

vely to transport materials

i,©¢e

ie Engineers agreed that the operation of such

trucks is the work of the Teamster. .. :

The operation of trucks, which have a crane

mounted on the truck chassis was next discussed.

The Engineers agreed that they would.accept any

Teamster mémbers who’ had -been employed for

any length of time in the driving of these trucks

to. membership in their organization. Brothers

Possehl, Fay and Delaney agreed to sit down with

representatives of the Teamsters as far as the

metropolitan area of New. York\ was concerned

and adjust the matter in a peaceful. manner locally.

Wm. L. HUTCHESON,

D. W. Tracy, —

R. J.. GRAY.

116

DECISIONS RENDERED BY DR. JOHN A. LAPP,

NATIONAL REFEREE FOR THE. BUILDING

AND OF 1 RUCTION TRADES: QEPARTMENT,

AP.OFL |

Setting Wall Bearing Steel Bar Joists

- DECISION RENDERED APRIL 23, 1987 *

“The work of setting wall bearing steel bar

joists comes under the jurisdiction of the Interna-.

Erection of Economizers 4

“The decision of the Joint Conference Board of

Chicago is affirmed and the decisiop.of the Execu-

tive Council of the American Federatio f Labor

is held to- be in force. That decision reads as

“follows: | on

_ “In the controversy existing between the Broth-

erhood of )Boiler Makers and the United Assoeia-

tiog, of Plambers and Steam Fitters over the erec-

tion of economizers, the decision ‘is that in the

opinion of the Executive Council the’ work’ belongs

to. the United Association of Plumber. and Steam

|_ Fitters.” :

Jurisdiction Over Lock Gatés and

Gates _

DECISION RENDERED OCTOBER 2! ‘1937

“The decision of President Williams is affirmed.

4s not covered by the agreement between the Boiler

Makers and Iron Workers and the dispute in ques- .

| | gay he eae

tional Association of Bridge Structural and Orna-**

mental Iron: Workers.” ote a

The.. subject-matter of lock gates and flood gates —

’

tion is subject to arbitration section of ‘the agree-

ment as follows:

“Section 7. Any further disputes that may arise

between the parties of this. agreement shall be

first considered by the respective Generdl Presi-

dents. Upon their failure to agree, the question

shall be submitted to arbitration. None of: the

work definitely-decided upon4n.this agreement shall

be subject to further arbitration. " '

Jurisdtction Over Operation of Electric Genera-

tors for Welding Purposes

DECISION RENDERED OCTOBER 25, 1937

’ The Decision of the Referee is that the binding

national decisions of the American Federation of

Labor, the Building and Construction Trades De-

partment of the American Federation of Labor:

and the National Board of Jurisdictional Awards

cover the ‘operation of electrical ‘welding . appa-

ratus and that such operation *is incident to the

trade doing the welding. The decision of the New-

_ ark Committee on Jurisdictional Disputes is over-

ruled and the jurisdictional right to operate elec-

tric welding sets is held to be, by existing decisions,

‘within the jurisdiction of the ‘trade doing the

welding.”

— and’ Caulking of Steel Window Frames

When Incased in Brick Walls ‘

DECISION RENDERED NOVEMBER 18, 1937.

The decision of the St. Joseph, Mo., Joint Arbi-

tration Board‘awarding jurisdiction over the point-

ing and caulking of steel window frames, when ..

encased in brick walls, to. the International Asso-

ciation of Bridge and Structural Iron Workers

is reversed and such work,.when done with mortar

118

or -plastic materials of any kind: is held to be

within the jurisdiction of: the Bricklayers, Masons

and Plasterers’ International Union of America.

Decision of the Referee on the Interpretation of

the Agreements Between the Bricklayers, Ma-

sons and Plasterers’ International Union of)

America and the Operative Plasterers “and

Cement. Finishers’ International Union — of

America Relating to Artificial Stone and massac

- and Acoustical Tile.

DECEMBER 20, 1937

The Referee decides that the installation of the

material in question on the Library of Congress

_ Annex comes under the 1929 agreement anid is,

. therefore, under the terms of the agreement, with-

in the jurisdiction of the Bricklayers, Masons and .

Plasterers’ International. Union of America. The

material is in no real sense, except in its acoustical

properties, similar to the acoustical tile which was

the subject’ of the 1930 agreement. There may be.

border line cases between the.two types of material

covered in the agreements of 1929 and 1930 but

this material is not one of them. It is clearly on

the side of artificial stone, rather than on the side

of materials similar to acoustical tile or, particu-

larly, the U. S. Gypsum product known as Acou-

stone. Moreover, its installation. follows the craft

method used by, the Britklayers, Masons and Plas-

terers’ International Union. ;

This decision applies only to the interpretation

-of the agreement between the. ‘Bricklayers and

Operative Plasterers’ Unions. ~ °

(Signed) JoHN A. Lapp, Referee

119

——

Jurisdiction Over the Unloading of Ready Mixed

Concrete from Certain Types of Trucks to the

Ground on Building and Construction. Jobs.

DECISION RENDERED JANUARY 17, 1938

The Referee decides that the unloading of ready

mixed concrete from trucks to a building or con-

-struction -job, by means of machinery, attached to

the track, that removes the concrete from the bin

of the truck, and the operation of the motor or

piece of machinery used in unloading, is the work

of the International Brotherhood of Teamsters,

Chauffeurs, Stablemen and Helpers of America.

Decision of the Referee on the Question of Dry-

ing and Handline. Sludge at the Southwest Sew-

ace. Treatment Works in Chicago.

‘May 2, 1938

THE DECISION =. —

The erection of the process, piping,-ducts and

equipment for the drying and handling of sludge

at the Southwest Sewage Treatment Works at

Chicago is within the jurisdiction of the Interna-

tional Brotherhood of Boiler Makers and Iron Ship

‘Builders and Helpers of America. _

Memorandum to the Decision on the Drying and

Handling of Sludge at the Southwest Sewage

Treatment Works in Chicago. *

May 25, 1938

This decision is limited to the fabricated steel

ducts, through which sludge passes in the drying

process, as explained jn the opinion accompany-

120

ing the decision. It does not apply to the piping

of coal, which was specifically withdrawn from

the complaint, nor does it apply.to the equipment

between the furnace and the pre-heater or be-

tween the -pre-heater arid the roof. It does not

apply to any other-portion of the equipment which

‘is regularly in the jurisdiction of any other Inter-

national Building and Construction Trades Union.

(Signed) JoHN A. Lapp, Referee.

Building and Construction Trades Dept.,

American Federation of Labor.

Decision in the Matter of Setting of Vitrolite and

simeitar Forms of Structural Glass

JUNE 14, 1938

THE DECISION

The Referee. finds and decides that the setting

of vitrolite and similar structural glass on. inside

work belongs within the jurisdiction of the Brick-

layers, Masons and Plasterers’ International Union

' of America, except when such structural glass is

set in panels, sash, frames or mouldings or with’

toggle bolts, screws, rosettes or similar fastenings,

or secured in some other manner commén to the

work of the Glaziers. The Referee finds and de-

cides: that vitrolite and similar structural glass,

when set on outside walls of buildings or structures,

‘in mortar, cement or plastic material of when

anchored to the wall in the manner common to the

trade of the Marble Setter, belongs within the

jurisdiction of the Bricklayers, Masons and Plas-

terers’ International Union of America.

The Referee finds and decides that all oditeide

work around windows and entrances in store and

121

™~

office fronts opening on gtreets, arcades, corridors

or other public places, including columns at such ~~

entrances, belongs to the Brotherhood of Painters,

Decorators and Paperhangers of America. ‘Fhe

above shall include substantial borders not ex-

ceeding three feet around such windows .and en-

trances. Other o

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