NCJ Number
93444
Date Published
1983
Length
150 pages
Annotation
This thesis presents a comparative analysis of the National Labor Relations Boards (NLRB) -- a statutory body implementing a procedure legislated by Congress -- and the Impartial Jurisdictional Disputes Board (IJDB) -- a voluntary system established by management and labor -- when resolving jurisdictional dispute cases.
Abstract
The objectives of this study are to determine if management and organized labor prefer a voluntary system or the NLRB for resolving jurisdictional disputes, to determine if there is a basis of understanding between management and labor upon which to establish a voluntary alternative to the NLRB, and to characterize the features that are prerequisites to the acceptance of a voluntary alternative to the NLRB. Both union and management were found to agree on the need for a voluntary resolution procedure. If this is to be realized, both short-term and long-term actions must be taken. Short-term actions should include (1) the original parties to the IJDB reaffirming their commitment to making the procedure work; (2) no job starting without a prejob conference in which jurisdictional issues are among the major items discussed; and (3) each side committing itself to compromise and accept changes as necessary to preserve the existence of union contractors and unions as well as to design fair and enforceable resolution system that is biding on all construction participatns. Over the long-term, the international union presidents must charge the Building and Construction Trades Department of the AFL-CIO with redefining the work rights of each union for the 1980's and beyond. Further, the NLRB should establish a precedent that will force all jurisdictional cases to be heard first by the IJDB of a similar procedure established by the construction industry. Also, the owner must become aware that jurisdictional disputes impact on the quality, cost, and schedule of the project. A new alternative to the NLRB should have as its major features the following: court-enforceable decisions, universal stipulation, decisions that set national precedent, the application of weighted decision criteria, bilevel appeal procedure, expeditious procedure (72 hours), and penalties for job action. The appendixes contain an explanation of NLRB decision criteria, a list of personnel interviewed, a New York City plan for the settlment of jurisdictional disputes, questionnaries and results, and industry reaction to findings. Fifty-five references are listed.