Millwrights Local 1454

National Labor Relations Board - Board Decisions

Jun 30, 1969

177 N.L.R.B. 865 (N.L.R.B. 1969)

MILLWRIGHTS LOCAL 1454
Millwrights Local Union No. 1454 , United
Brotherhood of Carpenters and Joiners of
America , AFL-CIO and Cincinnati Building
Trades Council , AFL-CIO and Interstate Bakeries
Corporation and Local Lodge No. 162 of the
International Association of Machinists and
Aerospace Workers, AFL-CIO. Case 9-CD-157
June 30, 1969
DECISION AND DETERMINATION OF
DISPUTE
BY MEMBERS FANNING, BROWN, AND ZAGORIA
This is a proceeding pursuant to Section 10(k) of
the National Labor Relations Act, as amended,
following a charge filed by the Employer, Interstate
Bakeries Corporation , alleging that Millwrights
Local Union 1454, United Brotherhood of
Carpenters and Joiners of America , AFL-CIO, and
Cincinnati Building Trades Council , AFL-CIO, have
violated Section 8(b)(4)(D ) of the Act. A hearing
was held on April 28 and 29, before Hearing Officer
James K. L. Lawrence . All parties with the
exception of Local Lodge 162 of the International
Association of Machinists and Aerospace Workers,
AFL-CIO, appeared at the hearing and all were
afforded full opportunity to be heard , to examine
and cross-examine witnesses , and to adduce evidence
bearing upon the issues . Thereafter , the Respondents
and the Employer filed briefs in support of their
positions.
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.
The rulings of the Hearing Officer made at the
hearing are free from prejudicial error . They are
hereby affirmed.
Upon the entire record in this case , the Board
makes the following findings:
1. THE BUSINESS OF THE EMPLOYER
Interstate Bakeries Corporation is a Delaware
corporation engaged in the production and sale of
bakery goods at its place of business in Cincinnati,
Ohio. During the 12-month period preceding the
hearing, which was a representative period,
Interstate purchased and received goods valued in
excess of $50,000, which were shipped to it directly
from points outside the State of Ohio, and sold
goods valued in excess of $500,000. The parties
stipulated, and 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
purpose of the Act to assert jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
865
The parties have stipulated, and we find, that
Millwrights Local 1454, Cincinnati Building Trades
Council, and Machinists Local Lodge 162 are labor
organizations within the meaning of Section 2(5) of
the Act.
III. THE DISPUTE
A. Background and Facts of the Dispute
Interstate operates two separately managed plants
in Cincinnati, Butternut Bread and Dolly Madison
Cakes. The plants are adjacent to one another, are
separated by a former alley, and share common
flour and sugar storage bins. Both plants have
driveway or truck entrances on the same street
approximately 150 feet apart.
When the dispute arose, construction projects
were under way at both plants. At the Butternut
plant, Schmelig Construction Company was engaged
in the installation of a Matthews Live Roller
Conveyor System and employed millwrights
represented by Local 1454. An addition to the
shipping and receiving departments at Dolly
Madison was being built by Wolter Construction
Company employing labor obtained through the
Cincinnati Building Trades Council. Additionally,
Wolter had made an opening in a wall in the Dolly
Madison plant to permit installation of a Wendway
Do-It-Yourself Conveyor. Installation of this
conveyor was assigned to Dolly Madison's
production and maintenance employees represented
by the IAM in January 1969.
On March 4, 1969, John Appiarius, secretary and
business representative of the Council, met with
Anthony Koenig, the Dolly Madison plant manager,
and claimed the installation work on the conveyor
system for the Millwrights. Koenig acceded to this
request contingent upon agreement by the IAM and
Interstate's labor relations department after
protesting that such work was done historically by
the IAM.
Koenig met with the Respondents again on March
5 although he had been unable to contact either the
IAM or the Company's labor relations director. At
this meeting, Arthur Galea, business representative
of Ohio Valley Carpenter's District Council,
threatened to pull the cement finishers from the
Wolter's job unless the conveyor installation was
assigned to the Millwrights. Koenig then agreed to
have the installation completed by Wolter with the
understanding that it would be assigned to
millwrights; again contingent upon agreement by the
IAM and the Company's labor relations
department.
Following the March 5 meeting Koenig was
advised by the IAM and the company's labor
relations director that the work was to be assigned
to the IAM and terminated the arrangements made
177 NLRB No. 48
866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to have the work performed by millwrights. On
March 7 Appiarius with approximately five other
persons began picketing at the entrance of the
Butternut plant carrying a banner reading "Unfair
Cincinnati Building Trades, AFL-CIO." Some
Butternut truckdrivers were either persuaded or
prevented from leaving the plant because of the
picketing. Following a conversation with Koenig,
Appiarius moved the pickets to the Dolly Madison
entrance. There was no picketing on the weekend,
but the pickets returned on March 10 and 11, after
which picketing ceased. Handbills were distributed
on or about March 17. As a result of the picketing
the construction work at both the Butternut and
Dolly Madison plants ceased until April.
B. The Work in Dispute
The dispute arises from the assignment of
installation work on a new conveyor for the
doughnut and packing department of the Dolly
Madison Division of Interstate in Cincinnati. The
system, a Wendway Do-It-Yourself Conveyor, runs
approximately 250 feet from the friers to the
packaging department and is mostly level with the
exception of a few declines. It is suspended from the
ceiling by half-inch rods spaced 10 feet apart and
consists of a chain riding on a metal track covered
with "tygon," a plastic material used to reduce
friction. The chain is driven by 27 one-third
horsepower motors which are spaced along the
length of the conveyor. The conveyor, described as
light, is installed in 10-foot sections each weighing
approximately 100 pounds. Construction has been
completed except for the installation of three
declines.
C. The Contentions of the Parties
assignment of the work; (2) company and industry
practice; (3) efficient operation of its business; (4)
skills and work involved; (5) Board certifications;
and (6) agreements.
D. Applicability of the Statute
The charge alleges violations of Section 8(b)(4)(D)
of the Act. The record shows that on March 4 and 5
demands were made for the assignment of the
disputed work to the Millwrights and that a threat
was made to pull cement finishers off the
construction work at the Dolly Madison plant if the
assignment was not made to the Millwrights. On
March 7, 10, and 11 the plant was picketed by the
Council following the Employer's affirmance of its
assignment to the IAM. Millwrights Local 1454
concedes the Board's jurisdiction under Section
10(k) of the Act and that there is reasonable cause
to believe that Section 8(b)(4)(D) of the Act has
been violated. Based on the entire record we
conclude that there is reasonable cause to believe
that there has been a violation of Section 8(b)(4)(D)
of the Act 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 that between Interstate and the IAM. The
agreement recognizes the IAM as
collective-bargaining representatives of all
maintenance employees, including garage employees
and painters, but does not mention conveyor
installation.
The Millwrights and the Council contend that the
work in question should be assigned to the
Millwrights.' They rely on the following factors: (1)
Interstate assigned this work to the IAM while the
installation of a conveyor at the Butternut plant was
assigned to millwrights represented by Local 1454
because of the difference in its relationships with
inside labor organizations; (2) Interstate's contract
with the IAM does not cover conveyor installation;
(3) the Millwrights have primary jurisdiction with
their contractors for installation of plant conveyors;
(4) area and industry practice; and (5) the
Employer's assignment.
Interstate contends that the work in question
should be assigned to the IAM, and relies on: (1) its
'Respondents also contend that the Council is not an appropriate party
to this dispute, as it claims no work and there is no evidence or stipulation
in the record that it is a labor organization . Contrary to their contention,
the record establishes that it was stipulated that the Council is a labor
organization , that Appiarius , an agent of the Council, claimed the work for
the Millwrights and that the picketing was conducting in the Coi,ncil's
name . Accordingly, we reject this contention.
2. Company and industry practices
Record testimony as to industry practice with
regard to installation of conveyor systems in
Cincinnati bakeries is in conflict, with Scott, the
Butternut plant manager, testifying that most new
equipment installation is performed by in-plant
engineering personnel, while Alfred Cloke,
Millwright's organizer and business agent, testified
that the majority of conveyor installations were
made by millwrights and that five local conveyor
manufacturers used millwrights exclusively for
installation. Since Scott testified only to the best of
his knowledge while Cloke testified in considerable
detail and is a better qualified witness on this
question, we conclude that industry practice is to use
millwrights for such installations. However, with
respect to Company practice we rely on the
testimony of Dolly Madison's chief engineer, Frank
Pope, and conclude that it normally assigned such
work to its in-plant engineering personnel when it
did not interfere with their other duties.
MILLWRIGHTS LOCAL 1454 867
3. Relative skills
The Employer concedes, and the record
establishes, that the Millwrights are well qualified to
perform the work in dispute. The record also
establishes that the maintenance employees
represented by the IAM are qualified to perform
this work as demonstrated by their successful
installation of such conveyors in the past.
4. Efficiency of operation
Testimony was received that the installation work
could more readily be fitted into the Company's
production schedule when performed by its own
maintenance personnel. Additionally, the Dolly
Madison plant manager, Koenig, testified that the
Company employed a large maintenance force to
permit them to perform such special projects in
addition to normal maintenance work. Accordingly,
we conclude that assignment of the work in dispute
to employees represented by the IAM would result
in a more efficient operation.
Conclusions
Based upon the entire record and after full
consideration of all relevant factors, we shall assign
the work in dispute to the Employer's maintenance
employees. The Employer' s assignment of this work
conforms basically with its past practice and is
conducive to efficient operation of its business. In
making this determination we are assigning the
disputed work to employees of the Company who
are represented by Machinists Local 162, but not to
that Union or its members.
DETERMINATION OF DISPUTE
Pursuant to Section 10(k) of the National Labor
Relations Act, as amended , and upon the basis of
the foregoing findings and the entire record in this
proceeding , the National Labor Relations Board
hereby makes the following determination of the
dispute:
1. Employees employed by Interstate Bakeries
Corporation , Cincinnati Ohio, who are currently
represented by Local Lodge 162 of the International
Association of Machinists and Aerospace Workers,
AFL-CIO, are entitled to install the new conveyor
for the doughnut and packing department of the
Dolly Madison Division of Interstate in Cincinnati.
2. Millwrights Local Union 1454, United
Brotherhood of Carpenters and Joiners of America,
AFL-CIO , and Cincinnati Building Trades Council,
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 the Company to award the above
work to their members or employees they represent.
3. Within 10 days from the date of this Decision
and Determination of Dispute , Millwrights Local
Union 1454, United Brotherhood of Carpenters and
Joiners of America , AFL-CIO, and Cincinnati
Building Trades Council , AFL-CIO, shall notify the
Regional Director for Region 9, in writing , whether
they will or will not refrain from forcing or
requiring the Employer, by means proscribed by
Section 8(b)(4)(D ), to award the work in dispute to
their members rather than to employees represented
by the Machinists.