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International Union of Operating Engineers v. National Labor Relations Board

January 29, 1985

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, PETITIONER,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT; NATIONAL LABOR RELATIONS BOARD, PETITIONER, V. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, RESPONDENT



Cummings, Chief Judge and Bauer and Wood, Circuit Judges.

Author: Cummings

CUMMINGS, Chief Judge.

This appeal asks us to review an order by the National Labor Relations Board (the "NLRB" or the "Board") against the International Union of Operating Engineers, Local 150 ("Local 150") reported at 268 N.L.R.B. No. 200. We enforce the order.

I

D.J. Johnson Company (the "Company") is a Delaware corporation engaged in the business of brick masonry as a construction subcontractor in DuPage County, Illinois. On August 1, 1981, the Company began masonry work on an apartment building for the elderly in Mount Prospect in adjacent Cook County, Illinois. One of the unions working on the jobsite was Construction and General Laborers' Local 118 ("Local 118") to whom the Company assigned its only forklift operation.

William Ruckers, Business Representative of Operating Engineers' Local 150, complained to the Company about this assignment sometime in August 1981. On August 27, members of Local 150 began to picket the jobsite. Local 118 retaliated by threatening to picket the jobsite if the Company replaced the laborer on the forklift with an operating engineer. Thus the Company was presented with a classical work jurisdiction dispute.

Understanding the issue in dispute requires understanding the various sources of the obligations of the several parties vis-a-vis jurisdictional disputes. The Company had no collective bargaining agreement with Local 118, though it is bound by an agreement with two other Laborers' locals in DuPage County. Since 1963 the Company has been party to an international agreement (the "International Agreement")*fn1 negotiated between Local 118's international, Laborers' International Union of North America, and the Mason Contractors Association of America (the "MCAA") with which the Company is affiliated through its membership in the Mason Contractors Association of DuPage County. Article V, paragraph 1, of that Agreement regulated the Company's relations with Local 118 as follows:

When the Employer [here D.J. Johnson Company] enters into an area where wages, hours and working conditions have been agreed upon through bona fide collective bargaining, the Employer will be presented such evidence by the Union and the Employer will conform his operations accordingly except that all jurisdictional issues and/or disputes shall be resolved under the provisions of Article III, paragraph 3 "Jurisdiction" of this International Agreement. (Emphasis supplied.)

Article III, paragraph 3 provides that "any dispute over work jurisdiction will be referred to the International Union and the Employer Association [the MCAA] for decision which decision shall be final and binding on all parties." The Agreement provides further in Article X, paragraphs 1 and 3:

It is expressly understood and agreed by both parties to this understanding that any agreement or intention expressed in a local union collective bargaining agreement which provides any method for settling jurisdictional disputes that differs from or conflicts with Article III, paragraph 3, "Jurisdiction" of this International Agreement is held to be null and void and of no force and effect.

It being expressly understood between the parties hereto that the procedure for adjustment (set out in ARTICLE X) is exclusive and supersedes any other plan, method or procedure outlined in any agreements between a member or members of the Association and any Local Union.

The Company had signed a Memorandum of Agreement with Local 150 in 1965 that bound the parties to the terms of any collective bargaining agreements negotiated between Local 150 and the Builders Association of Chicago. The Builders Association of Chicago is affiliated with the Construction Employers' Association.*fn2 That Association entered into an agreement with the Chicago and Cook County Building and Construction Trades Council (the "Council") in 1913. That agreement is known as the Standard Agreement. The Standard Agreement established the Joint Conference Board (the "JCB") for resolving jurisdictional disputes. The JCB is a body of twenty-four members divided equally between union and management representatives. Its jurisdiction is restricted to disputes arising in Cook County, Illinois. The agreement between Local 150 and the Builders Association of Chicago requires jurisdictional disputes arising in Cook County to be resolved pursuant to the Standard Agreement, thus requiring the Company and Local 150 to submit jurisdictional disputes to the JCB.

Local 150 is a member of the Council. Local 118 is a member of the Construction and General Laborers' District Council, which is a member of the Council. Both unions' affiliation with the Council binds them to the Standard Agreement negotiated between the Council and the Construction Employers' Association. Thus both locals are bound to submit jurisdictional disputes to the JCB. Their obligation to abide by the Standard Agreement is an independent duty and need not be set forth in any particular collective bargaining agreement.

To summarize, the Company's agreement with Local 150 requires it to submit jurisdictional disputes involving Local 150 to the JCB. That agreement also binds Local 150; in addition Local 150's membership in the Council requires it to submit jurisdictional disputes to the JCB. ...


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