IBEW, Local 60Download PDFNational Labor Relations Board - Board DecisionsApr 30, 1969175 N.L.R.B. 806 (N.L.R.B. 1969) Copy Citation 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Brotherhood of Electrical Workers, Local 60 , AFL-CIO and Beckwith Electronic Engineering Company . Case 23-CD-186 April 30, 1969 DECISION AND DETERMINATION OF DISPUTE BY MEMBERS FANNING, BROWN, AND JENKINS This is a proceeding under Section 10 (k) of the National Labor Relations Act, as amended, following a charge filed by the Beckwith Electronic Engineering Company, herein called Beckwith, on September 30, 1968 , alleging that the International Brotherhood of Electrical Workers, Local 60, AFL-CIO, herein called IBEW , had violated Section 8(b)(4)(D ) of the Act. Pursuant to a notice, a hearing was held at San Antonio, Texas, on November 13, 14, and 15, and December 12, 1968, before Hearing Officer William E. Elliott . Beckwith, the IBEW , and the Hallmark Electrical Contractors, Inc., herein called Hallmark , appeared at the hearing and were afforded full opportunity to be heard , to examine and cross-examine witnesses, and to adduce evidence bearing upon the issues. The rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed . Thereafter , Beckwith and the IBEW filed briefs before the Board. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. Upon the entire record in this case, the Board makes the following findings: 1. THE BUSINESS OF THE COMPANY The parties stipulated to the following facts: The Beckwith Electronic Engineering Company, is a Texas corporation with its principal office and place of business in San Antonio, Texas, where it is engaged in the business of supplying and installing electronic communications equipment. During its fiscal year ending March 31, 1968, a representative period, it purchased goods directly from points outside of the State of Texas, such goods being valued in excess of $50,000. We find that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATION INVOLVED The parties stipulated, and we find, that the International Brotherhood of Electrical Workers, Local 60, AFL-CIO, is a labor organization within the meaning of the Act. III. THE DISPUTE A. Background and Facts of the Dispute The parties stipulated to the following facts: On or about September 24, 1968, the IBEW engaged in a work stoppage for the purpose of forcing Beckwith to assign the work of installation of television antennae, including the jacks and splitters and excluding the mounting of antennae; and the installation of sound systems, including speakers, volume controls, and the installation of switches for television systems and intercom systems to the IBEW. B. The Work in Dispute Hallmark is an electrical construction contractor. It holds the subcontract for the electrical work required in the construction of the Ingram Elementary School, San Antonio, Texas. On May 6, 1968, it further subcontracted with Beckwith to provide a public address system and a television antenna system for that school. Beckwith agreed to furnish all equipment, except wire or cable, conduit, or lead boxes unless special boxes were needed, to connect all of the equipment to wiring provided by Hallmark, to test the completed systems, and to assume a 1-year service guarantee on the systems. The television system consists of antennae designed to receive the signal which is then fed to an amplifier from which it is then distributed by co-axial cable to jacks (outlets) in the classrooms. Each jack is designed to take off its proportioned amount of the signal, leaving sufficient signal for the remaining outlets. The PA system consists of a console in a central location connected by wire to speakers in the various classrooms. The console consists of an amplifier and a number of selector buttons which can be used to carry on a conversation between rooms, or, by use of a master button, to talk to all rooms. Attached to each speaker is a transformer designed to take off the speaker feed line the power necessary to project the sound properly in the area where the speaker is located. The work in dispute, as indicated in the record and the briefs of the parties, consists of the final connections of the sound and television systems excluding the console hookup, the mounting of the television antennae, the mounting of the amplifiers, and the checking and balancing of the system. The running of conduit and pulling of wire is presently being performed by members of the IBEW and is not in dispute herein. Similarly, the final connection of the console is presently being performed by Beckwith employees and is not in dispute herein. 175 NLRB No. 132 IBEW , LOCAL 60 C. The Contentions of the Parties The IBEW contends that the work in question is electrical work, the assignment of which is prohibited under the terms of-its agreement with the South Texas Chapter National Electrical Contractors Association. It points to the following factors as establishing that the work should be assigned to IBEW electricians: (1) the past practice of the electrical contractors, as well as of the industry, (2) the nature and skill of the work, (3) the gain of job opportunities, and (4) the efficiency of the operation. Beckwith contends that the work in question is electronics work. It points to the following factors as establishing that work should be assigned to Beckwith electronic technicians and electronic installers: (1) the practice of the industry, (2) the nature and skill of the work, (3) the loss of job opportunities, and (4) the safe and efficient performance of the disputed work. In addition, Beckwith contends that, as the sound contractor guarantees the system, it should be vested with authority to control the assignment of the work. D. Applicability of the Statute The charge herein alleges a violation of Section 8(b)(4)(D) of the Act. The parties have stipulated that on or about September 24, 1968, the IBEW engaged in a work stoppage for the purpose of forcing Beckwith to assign the disputed work to the IBEW. We therefore conclude that there is reasonable cause to believe that a violation of Section 8(b)(4)(D) has occurred, and that the dispute is properly before the Board for determination. E. Merits of the Dispute 1. Collective-bargaining agreement The only relevant collective -bargaining agreement is the agreement between the IBEW and the NECA, referred to above. While that agreement prohibits the subcontracting , etc., of "electrical work ," it does not further define electrical work . Beckwith is not a member of the NECA and is not bound by the agreement between the IBEW and the NECA. 2. Industry practice The record contains a great deal of evidence concerning industry custom and practice regarding the work in dispute, including evidence as to who did the work on particular projects and what those in the industry regard as the customary practice in the area. We conclude that, while the IBEW has occasionally performed the work in dispute, the prevailing practice in the area is to assign the work to the employees of sound contractors. 3. Relative skills 807 The installation and connection of the sophisticated electronics equipment involved herein requires skills beyond those of the ordinary journeyman electricians. Because of their familiarity with the particular equipment involved, Beckwith's employees do possess the requisite skills. Some electricians also possess these skills. However, based on the fact that a large number of deficiencies in workmanship have been found,in a high percentage of the projects where the IBEW members did the disputed work, we conclude that the IBEW has difficulty referring to electrical contractors a sufficient number of properly qualified electricians to do work of this type. We conclude that assignment of the disputed work to Beckwith employees would provide greater assurance that properly qualified persons were assigned to do the work. 4. Efficiency of operation IBEW members are already at the site and in possession of the blueprints showing the locations where the equipment is to be installed. However, this does not appear to be a particularly significant factor as Beckwith employees arrive at the site within a short time of when they are needed and it is a relatively simple matter to show them where the equipment is to be placed. There is nothing to indicate that the disputed work can be completed at a faster rate by one or the other group of employees. Beckwith employees are required to make final connections to the sound system console and to check and balance the entire system. By having the party responsible for making the final connections to the console and for checking and balancing the system also responsible for making the other connections, continuity of installation is established, thereby easing the difficulty of locating installation errors. The proper installation of television jacks requires the use of sophisticated testing equipment to insure that each jack receives its proportionate share of the total signal. If the jacks are not installed correctly, the entire network of jacks must be disconnected and reinstalled. The required equipment is readily available to Beckwith employees, and is apparently not available to IBEW electricians. We conclude that it is more efficient to assign the disputed work to Beckwith employees. This conclusion is reinforced by the fact that on numerous projects, including the project involved herein, the work was assigned by electrical contractors to sound contractors rather than to their own employees, the electrical workers. 808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 5. Gain or loss of jobs The IBEW contends that assignment of the disputed work to IBEW members will result in a gain of job opportunities for those members. However , as it has been the prevailing area practice to assign the work to the employees of sound contractors , assignment of the disputed work to the IBEW would result in a loss of job opportunities for Beckwith employees. Therefore, if this factor is significant, it favors the assignment of the disputed work to Beckwith employees. 6. The guarantee The specifications on the Ingram Elementary School project, and on similar projects, require that the owner be given a 1-year guarantee on the installed equipment involved herein . Beckwith indicates that it has found it impractical and uneconomical to guarantee systems where its employees have not made all connections . There is no indication that the electrical contractors are able or willing to assume such a guarantee . Assigning the work to the IBEW would result in the building owner being deprived of a guarantee on the work in dispute . It appears much more equitable and practical to assign the work to the employees of the party who is willing and able to guarantee the work. Conclusions Based upon the entire record and after full consideration of all relevant factors involved, we think that the work assignment to Beckwith's employees is proper. We shall determine the dispute before us by awarding the installation of the television antenna system , including jacks and splitters and the installation of sound systems including speakers , volume controls , and the installation of switches for television systems, and intercom controls to the unrepresented employees of Beckwith Electronic Engineering Company. This determination is limited to the particular controversy giving rise to this dispute. DETERMINATION OF DISPUTE Pursuant to Section 10(k) of the National Labor Relations Act, as amended, and upon the basis of the foregoing findings, the National Labor Relations Board hereby makes the following Determination of Dispute: 1. The unrepresented employees of Beckwith Electronic Engineering Company are entitled to perform the work of installing the television antenna system , including jacks and splitters , and the installing of sound systems including speakers, volume controls , and switches for television systems, and intercom systems at the Ingram Elementary School, San Antonio, Texas. 2. The International Brotherhood of Electrical Workers, Local 60, AFL-CIO, are not and have not been entitled, by means proscribed by Section 8(b)(4)(D) of the Act, to force or require Beckwith Electronic Engineering Company to assign the above work to its members. 3. Within 10 days from the date of this Decision and Determination of Dispute , the International Brotherhood of Electrical Workers, Local 60, AFL-CIO, shall notify the Regional Director for Region 23, in writing, whether they will or will not refrain from forcing or requiring Beckwith, by means proscribed by Section 8(b)(4)(D) to assign the work in dispute to employees represented by the IBEW rather than Beckwith's unrepresented employees. Copy with citationCopy as parenthetical citation