A recent National Labor Relations Board case shows how labor questions surrounding major city airport parking garages are no longer confined to certain trades' concerns over the selection of precast versus cast-in-place construction methods. NLRB officials resolved in late December a question of work claims between the International Union of Bricklayers and Allied Craftworkers/District 1 (Chicago) and the Bridge, Structural and Reinforcing Iron Workers Local 1 (Forest Park, Ill.), assigning precast erection for a Chicago Midway Airport parking structure to Bricklayers-represented employees.

The action was spurred by an August 2004 complaint from Cretex Construction Services Inc., an erection subcontractor and sister business of Rochelle, Ill., prestressed fabricator J.W. Peters, filed amid exchanges between management and union representatives. Cretex Construction alleged that Bricklayers officials violated the National Labor Relations Act “by engaging in proscribed activity with an object of forcing Cretex to assign certain work to Bricklayers-represented employees rather than to employees represented by Iron Workers.” Bricklayers representatives had apparently threatened picketing the airport site if Cretex Construction reassigned the precast erection work. The potential for reassignment presumably arose as an Iron Workers Local 1 representative had attempted to organize Cretex workers on another job earlier in 2004, and indicated the union would take necessary action to get precast erection work on such contracts as the Midway Airport garage.

In an opinion issued late last year, NLRB noted that Cretex Construction recognizes the Bricklayers as the exclusive bargaining representative of its field employees. Iron Workers officials contended throughout September-December board proceedings that the Bricklayers' threat to Cretex management “was a sham intended only as a maneuver to bring this dispute before the Board.” The Iron Workers claimed that the Midway Airport work, like much area structural precast concrete erection, should be assigned to employees it represents based on a 1962 agreement between the Iron Workers and Bricklayers. The latter group countered that it had repudiated the agreement in the Chicago area in 1967. Also as part of their claim, the Bricklayers noted that their members, in addition to precast concrete erection, were able to perform related grouting and caulking, particularly when equipment-related disruptions allow time for such tasks.

Prior to NLRB proceedings, Iron Workers Local 1 officials pursued claim to the work for their employees through a hearing before a Joint Conference Board representing the Midway Airport construction trades and employers. The JCB dismissed the matter noting that it had no jurisdiction over Cretex Construction, as the company was not bound by the project's standard agreement.