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Amalgamated Sheet Metal Workers' Union No. 11 v. Turner Construction Co.- Manufacture of boiler breechings.
DECISION OF EXECUTIVE COMMITTEE, FEBRUARY 14, 1908.-The work of manufacturing of boiler breechings is in the possession of the sheet-metal workers.
Amalgamated Sheet Metal Workers' Local No. 11 v. Master Steam and Hot Water Fitters' Association-Manufacturing of tempering coil casings.
UMPIRE'S DECISION, DECEMBER 21, 1909.-This question came before the special board appointed by the General Arbitration Board on two complaints: No. 41 of Baker, Smith & Co., "that the Amalgamated Sheet Metal Workers' Local No. 11 have struck on the erection of the tempering coil casings on the job known as the Grand Central Station, Forty-second Street and Lexington Avenue," and complaint No. 48 of the Amalgamated Sheet Metal Workers, Local No. 11, against Baker, Smith & Co. for "violating the provisions of section 3 of the joint arbitration plan by employing sheet-metal workers not members of the recognized union to do sheet-metal work on the job known as the Grand Central Station, Forty-fourth Street and Lexington Avenue."
By action of the executive committee on complaint No. 41, the sheet-metal workers were "ordered to proceed with the work" and the "question of manufacture of coil casings referred to the trade board for consideration." By decision of the executive committee, on complaint of No. 48, Baker, Smith & Co. were ordered "to employ sheet-metal workers to complete the work." The question of the manufacture of tempering coil casings thus referred to the General Arbitration Board was by them referred to a special board and, by failure of that special board to agree, comes now before the umpire.
The questions at issue are whether, under the agreement between the Employers' Association and the Amalgamated Sheet Metal Workers, Local Union No. 11, the latter have the right to claim the manufacture of tempering coil casings and whether, under this agreement, the Employers' Association have the right to demand that tempering coil casings not manufactured within the Greater New York territory nor by the members of the Sheet Metal Workers' Union shall be erected by the latter.
The whole case turns on the interpretation of Clause II of the agreement. The Sheet Metal Workers' Union No. 11 claim that the first paragraph of Clause II: "All sheetmetal work in connection with buildings and structures" includes tempering coil casings and that, if such tempering coil casings have not in the past been manufactured by sheet-metal workers, that has been a violation of the agreement. The Master Steam and Hot Water Fitters' Association claim that this clause is really modified by the words succeeding a few lines later: "And such other sheet-metal work of No. 10 gauge and lighter, not herein specified, that has been regarded in the past as belonging to the Sheet Metal Workers' Union."
After a careful study of the documents submitted, viz, the four volumes of evidence, the arguments of counsel on both sides, the briefs of the members of the special arbitration board on both sides, and the numerous exhibits, it seems to me that the evidence shows that the contention of the Master Steam and Hot Water Fitters' Association in this matter is correct; that the phrase “all sheet-metal work in connection with buildings and structures" was not intended to be interpreted by itself, without connection with the words already quoted "and such other sheet-metal work of No. 10g 0 gauge and lighter, not herein specified, that has been regarded in the past as belonging to the Sheet Metal Workers' Union," which are, in fact, to be regarded as a qualifying phrase. There is no dispute that blowers, although they are sheet-metal work in connection with buildings and structures, do not belong to the Sheet Metal Workers' Union, and the evidence shows that the common practice, certainly for many years, has been for the Master Steam and Hot Water Fitters' Association to furnish tempering coil cases manufactured by firms having their factories outside of the Greater New
York territory, and that such tempering coil cases not manufactured by the Sheet Metal Workers' Union No. 11 have been erected by sheet-metal workers practically without question until some time after the conclusion of the agreement, and, indeed, until the commencement of the present dispute.
I therefore decide that tempering coil casings do not belong to the Amalgamated Sheet Metal Workers' Local No. 11, but may be bought by the Master Steam and Hot Water Fitters' Association from firms outside of the Greater New York territory as part of the heating and ventilation units manufactured by such firms; and that under the terms of the agreement the Amalgamated Sheet Metal Workers' Local No. 11 must erect such tempering coil casings.
INTERNATIONAL ASSOCIATION OF BRIDGE AND STRUCTURAL IRON WORKERS.
ORIGINAL CHARTER CLAIM AND JURISDICTION.
The fabrication and erection of bridge, structural, and ornamental steel and iron in bridges, viaducts, buildings, etc., as set forth in sections 4, 5, 6, and 7 of our constitution, which is as follows:
The erection and construction of all steel and cast-iron structures, ornamental or otherwise, viz, bridges and viaducts, steel stacks, steel coal bunkers, ash, coal, and ore conveyors, car dumpers, jail and cell work, steel grain elevators and steel standpipes, steel water tanks, iron and steel bulkheads, steel towers, blast furnaces, including skip hoists and top rigging ash pans and ash hoppers. All structural work pertaining to buildings or in support of boilers, frames, and all steel or cast-iron work pertaining to buildings or in support of boilers, including foundation beams, columns, beams, or girders, and structural work for safe-deposit vaults, mullions, steel or cast iron; also the wrecking of bridges, viaducts, and steel buildings; also any work required to change or alter in field material shipped from the shops, such as framing, cutting, bending, and drilling; ornamental front work (solid or shell), corrugated sheet work when attached to steel frames, plates, anchors, caps, corbells, light lintels, etc.
The erection and removal of all necessary false work, derricks, travelers, and scaffolding; all pile driving and wharf building, and the handling and operating of derricks in connection with same, where no bona fide union of pile drivers or derrick men exists.
Iron, steel, and reenforced concrete are included in the above claim, but under no circumstances are any of the above three items to be conceded to a pile drivers' or derrick men's union by this association. The moving and placing of heavy macninery in bridges and buildings, elevator cars, elevator pans; all grating, bucks for hallways, iron partitions, ceilings, hangers, clips, and all bracket work; all ironwork appertaining to concrete work; all steel corner beads; all iron flooring, rolling shutters and curtains, iron frames, kalamine and iron doors, shutters, cast tiling, French frames, plates, overhead travelers, all wirework, railings, window guards, and all fencing.
The erection and construction of all ornamental and structural iron, brass and bronze, all grill work, sidewalk and vault lights, skylights, roofs, and towers; all elevator and dumb-waiter inclosures; all iron fronts, metal furniture, mail chutes; all cast or wrought iron ventilators, iron stairways, fire escapes, iron or steel signs, and all blacksmith work on buildings.
JURISDICTION AWARDS OF THE BUILDING TRADES DEPARTMENT OF THE AMERICAN FEDERATION OF LABOR.
Amalgamated Sheet Metal Workers' International Alliance v. International Association Bridge and Structural Iron Workers.
At a conference held at Tampa, Florida, October 14, 1909, by and between committees representing the Amalgamated Sheet Metal Workers' International Alliance
and the International Association of Bridge and Structural Iron Workers the following agreement was entered into:
First. In regard to steel sheeting, it was agreed that in localities where either organization has possession of the work it shall remain undisturbed. In localities where the work is in dispute, the highest rate of wages and the best working condition maintained by either organization shall prevail in the erection of the work. This being understood to apply only to corrugated sheeting attached to iron frames, sheeting applied to woodwork being conceded to the sheet-metal workers.
Second. In regard to metal furniture, it was agreed that where there are more T's or angles or iron heavier than 10 gauge used in its construction it shall be done by the bridge and structural iron workers. Where there is more sheet metal of 10 gauge or lighter used in the manufacture of said work it shall be done by the sheet-metal workers.
Third. The sheet-metal workers waive all claim of jurisdiction over stair or other work, such as grill work or elevator inclosures.
Fourth. In the matter of erection of fans, hot-blast rooms, and cold-air inlets heavier than 10 gauge shall be done by the bridge and structural iron workers. All fans, hot-blast rooms, and cold-air inlets 10 gauge or lighter shall be done by the sheetmetal workers.
Fifth. All future disputes that may arise between the above-named organizations in connection with work not herein set forth shall first be taken up by the international presidents of both organizations, and on their failure to agree the building trades department's laws and rules shall govern the settlement of the disputes.
International Association Bridge and Structural Iron Workers.
[Decision of the Tampa Convention, Building Trades Department, American Federation of Labor, supplemented by a decision of the St. Louis Convention.]
Resolved, By this department in convention assembled, that the fabrication, erection, and placing of all iron and steel in reenforced concrete and cement construction and in all floor construction properly belongs to the International Association of Bridge and Structural Iron Workers, and that they are hereby conceded full and complete jurisdiction over this class of work.
Bridge and Structural Iron Workers v. United Brotherhood Carpenters and Joiners.
The bridge and structural iron workers claim the erection and removal of all necessary false work, but as this is only of temporary nature and refers more particularly to the erection and construction of steel and iron bridges, it was conceded that this comes properly under the claim of jurisdiction of the iron workers.
NOTE. The above refers to the erection and construction of steel and iron bridges, and not to false work in or around buildings.
Derricks and travelers and the handling and operation of same belong to the ironworkers.
The framing of travelers and derricks where wood is used belongs to the carpenters. SCAFFOLDING.-As no framing is necessary in the construction of scaffolding for the ironworkers, any more than to throw timbers or planking from one beam or girder to another, or hang same by means of rope or chain, and as the ironworkers are under heavy expenses in the payment of disability claims and death claims as well, resulting very often from the manner in which scaffolding is erected, they decided to erect their own scaffolding in their own way, and will not work on scaffolding erected by other men, be they mechanics or laborers. But where framing is necessary with carpenter's tools, then such framing work belongs to the carpenters.
PLACING OF MACHINERY IN POSITION.-As the placing of heavy machinery in position does not include the alignment, leveling, adjustment, and fitting up of said machinery ready for use, that being work that comes under the jurisdiction of the
millwrights, United Brotherhood Carpenters and Joiners of America, no objection is raised by the United Brotherhood against the ironworkers placing heavy machinery on buildings where designated.
WHARF BUILDING AND DOCK BUILDING.-The ironworkers do not claim jurisdiction over wharf and dock building, where same is constructed solely of wood, but where iron is used, and sheds built of corrugated iron, they claim that part.
On this matter we agree that where wooden beams and timbers are used, with heavy planking and flooring, that same belongs to the carpenters, but where iron girders, iron columns, steel trusses are used, or ironwork of any form, same belongs to the ironworkers solely.
SETTING OF SEATS IN PUBLIC BUILDINGS.-All metal or partly metal seats fastened to metal, the assembling and setting of same, is conceded to the ironworkers, and all seats fastened to wood, the assembling and setting of same, is conceded to the carpenters.
Wood, Wire, and Metal Lathers' International Union v. International Association Bridge and Structural Iron Workers.
[Decision of the Denver Convention, Building Trades Department, American Federation of Labor, adopted November, 1908. See printed proceedings Denver Convention, pp. 69 to 71, inclusive.]
After going into an extended hearing of the jurisdiction claims of both organizations, your committee recommend that the erection and installation of all light ironwork, such as light iron furring, brackets, clips, hangers, steel corner guards or beads, and metallic lathing of all descriptions, belongs solely to the lather.
This does not give the right, however, to the lathers to install or erect any other ironwork than as herein specified and outlined.
This decision is based in conformity with the agreement entered into by the national officers of both organizations and indorsed by the Kansas City Convention of Structural Iron Workers and concurred in by the American Federation of Labor.
International Association Marble Workers v. International Association Bridge and Structural Iron Workers.
Slate treads on iron stairs having provoked a dispute in jurisdiction between the organizations above named, was submitted to the executive council November 29, 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 marble workers.
AWARDS AND DECISIONS OF THE GENERAL ARBITRATION BOARD OF GREATER NEW
Housesmiths and Bridgemen's Union and the Iron League Erectors' Association v. The Riggers' Protective Union and the Master Steam and Hot Water Fitters' Association-Erection of iron and steel smokestacks.
UMPIRE'S DECISION, AUGUST 10, 1905.-I find and determine the rights of the parties to this arbitration to be as follows:
First. The complainants are exclusively entitled to erect iron and steel smokestacks heavier than 10 gauge either inside or outside of buildings in connection only with the erection of new buildings of iron or steel frame construction or in which iron or steel beams or girders are used.
Second. Otherwise than as prescribed in the foregoing finding designated “First,” no party to this arbitration has any exclusive jurisdiction in the erection of stacks of the character above specified.
Housesmiths and Bridgemen's Union v. Electrical Workers' Union - Drilling holes in
DECISION OF GENERAL ARBITRATION BOARD, SEPTEMBER 20, 1905.-The drilling of holes through iron where it requires the services of one man for eight hours or more is conceded to the ironworkers. The electrical workers shall send for iron men when the work involved requires more than eight hours' work continuously.
Housesmiths and Bridgemen's Union v. Daniel Papay-Putting up angle-iron framework.
DECISION OF EXECUTIVE COMMITTEE, JULY 26, 1905.-Mr. Papay was instructed to employ housesmiths to put up the angle-iron framework for wirework on the Bronx Park and on other jobs.
Housesmiths and Bridgemen's Union v. Estey Wire Works-Erection of angle-iron frame-
DECISION OF EXECUTIVE COMMITTEE, OCTOBER 25, 1905.-The secretary was instructed to notify the Estey Wire Works and the Wire Works Manufacturers' Association that the members of said association must employ housesmiths to put up angleiron framework on all jobs.
COMPOSITION PLASTIC Trades.
The plastic trades cover the preparation and application of cement mortar on walls of any character, the molding or modeling of forms of cement, concrete, and asphalt, and the application of tar, felt, and composition to roofs.
NUMBER OF UNIONS AND MEMBERS AND RATE OF WAGES IN COMPOSITION PLASTIC
ORIGINAL CHARTER CLAIM AND JURISDICTION.
The American Brotherhood of Cement Workers claims for its members all artificial stone, concrete, bed for all street paving, coping and steps, concrete wall or foundation work, concrete floors and sidewalks, the applying of cement mortar on walls of any character, or its use in any form for renovating or imitating stone, or for waterproofing, the running of cement base, molding or caps of any form, cement mold work, the manufacture of cement paving tile and block and the laying and setting of the same, curbs and gutters, fireproof floors, sidewalk lights set in cement, and all concrete construction; all composition or plastic work of any character, and the preparation of all material used in its manufacture.