Since its inception, ICE Directors and Board members have served with IBC officers on the boards of the International Health and Pension Funds and the International Masonry Institute (IMI) and have worked on industry-wide joint committees. RECON REFRACTORY – CONSTRUCTION INC., Petitioner, Industrial Professional – Technical Workers International Union, Suina, AFL-CIO, Petitioner-Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union, International Union of Bricklayers and Allied Craftworkers, and the International Union of Bricklayers and Allied Craftsworkers, Local 4, Resent-Interpondor. Dan Bellamy founded Recon, a fire retardant installation company,2 in 1990. ? Shortly thereafter, the company signed the National Refractory Agreement (“NRA”), the Bricklayers`CBA, with the International Union of Skilled Workers of Bricklayers and Allied Craftworkers (“International”). ? Recon used local members 4 to do all the refractory work for the next decade. ? According to the express conditions of the NRA, Local 4 Bricklayers installed not only refractory bricks, but “all refractory materials,” including ceramic fiber (also known as Kao Wool), plastics and spray insulation (or gunite). ? The NRA also contained a clause that preserves the right of masons to perform “all work historically or traditionally attributed” to Bricklayers.3 Recon opposes this decision and argues that the House erred in taking into account whether the dispute is “effectively jurisdictional” rather than simply determining whether there is an “appropriate cause” to believe that a violation of the . ?”The Council`s legal conclusions regarding jurisdictional litigation must be maintained, unless they are arbitrary and goateed.” ?Foley-Wismer – Becker vs. NLRB (Foley-Wismer II), 695 F.2d 424, 427 (9. Cir.1982).
We stated that this standard gives the Board “a considerable tribute” to the interpretation of the NRL and the exercise of its expertise. ?USCP-WESCO II, 827 F.2d to 583; ?See also NLRB v. Int`l Longshoremen`s and Warehousemen`s Union, Local No. 50 (Pacific Maritime Ass`n), 504 F.2d 1209, 1218-19 (9. A board decision is reversed if it ignores a legal standard of review. ?USCP-WESCO II, 827 F.2d to 583. ? “[t]he court structure is “reasonable” by the House, it should not be rejected simply because the courts might prefer a different view of status.”?”Id. (Cite Int`l Alliance of Theatrical and Stage Employees v. NLRB, 779 F.2d 552, 555 (9. Cir.1985). We are called upon to settle a dispute between Recon Refractory – Construction Inc.
(“Recon”) and the International Union of Bricklayers – Allied Craftworkers, Local 4 (“Bricklayers” or “Local 4”). ? In order to reduce the cost of labour, Recon has reallocated the work previously performed by Bricklayer members and protected by the Masons` collective agreement (“CBA”) to workers represented by the International Union of Industrial, Professional and Technical Workers (“IPTW”). ? The dispute is essentially a dispute between Recon and the Masons, not a union dispute between the masons and the IPTW.