In an unusual jurisdictional dispute on a New York Transit Authority job, the National Labor Relations Board, Washington, D.C. has ruled that Building Concrete & Common Laborers Union Local 731 members are entitled to set precast manholes into the ground while members of International Brotherhood of Electrical Workers Local 3 handle conduit placement.

The case arose from a dispute in fall 2003 when Slattery Skanska Inc., lead contractor on the NYTA's Corona Rail Yard Project in Queens, N.Y., attempted to split precast manhole and conduit installations between its own Laborers-represented workers and those of an IBEW-represented subcontractor, Transportation Technologies LLC. Tensions at the site prompted meetings between Slattery and union officials early on, with Local 3 maintaining that its members would set all manholes in which they were responsible for conduit installation.

Leading up to the June 28 NLRB ruling, Slattery had employed on 13 installations a dual handling arrangement that all parties involved recognize as inefficient: Laborers members unloaded manholes and disengaged hoists; IBEW members re-attached lifting devices and set the manholes in the ground; and Laborers crews backfilled. Following a review of contracts and other jurisdictional disputes, NLRB determined that Slattery's agreement with Local 731 members establishes manhole installation responsibility and Transit Technologies' subcontract calls for installation support. The current contract continuing through the end of summer calls for at least 15 additional manhole placements.