Document xjKMBYXrYzy4DXqDZm3y48L50

FILE NAME Insulation Contractors & Distributors ICD DATE 1969 Sept DOC ICD018 DOCUMENT DESCRIPTION IDCNA Outlook oa poh Published by Insulation Contractors Nutional Association fua 3226 Fenton Street Silver Spring Maryland 09 Ale ye as. and yce nd terv on on- And Wee her or en x Asbestos Workers Lose Prefab Case When asbestos workers refused to install precut aluminum jacketing on an Ohio construction project it was illegal product boycott the Sixth Circuit Court of Appeals ruled in a memorandum granting enforce- ment of a National Labor Relations Board order against the union's boycott The litigation has consumed several years Taken as a whole it represents another attempt to interpret some of the Supreme Court's ruling in the National Woodwork Manufacturers Philadelphia door case The conclusion is that a union's refusal to handle a prefabricated item on the grounds its use violates a lawful work preservation clause in its labor contract is an illegal product boycott regardless of whether the contractor has control over the use of the item if the union's contract does not specifically preserve for its members the work lost by the use of the item and if its members have not traditionally performed that work at the jobsite The dispute arose during construction of a power generating plant in Hamilton Ohio Baldwin Hill one of the subcontractors was using precut aluminum jacketing purchased from Preformed Metal Products Co. to insulate the piping The asbestos workers employed by Baldwin claimed that use of the precut jacketing was a violation of their labor contract The contract prohibited the subcontracting of work traditionally and regularly performed by members of the union Baldwin tried unsuccessfully to get the specifica- of tions changed to permit the use of field cut jacketing Members the union refused to install the precut jacketing and the dispute went to the National La- bor Relations Board In the first around in 1967 the board found that the jacket jobsite jobsite cutting was not and and did not fall traditionally performed wwiit thhin in the work work tion clause of the labor contract As a result the union was engaging in an illegal illegal cott to force one person to cease using the product protect of anotherrather than attempting the work rights of its members that would have been legal as a primary strike The board found it unneces- sary to consider the contractor's lack of control over the use of precut jacketing While the NLRB decision was on appeal the Supreme Court issued its Philadelphia door case decision The appellate court which was the Sixth Circuit Court ofAppeals remanded case to the NLRB to IC- consider its decision in the light of the Supreme Court's ruling on the distinction between primary and secondary activity in boycott cases There the court said one cannot determine whether a restriction on subcon- tracting and enforcement of the restriction are violations of the ban on boycotts without an inquiry into SEPTEMBER 1969 whether under all the surrounding circumstances the union's objective was the preservation of work We reaffirm our previous findings the board said after taking a second look at the case On the basis of the foregoing review of the facts of this case in the light of the Supreme Court's most recent pronouncement in this area the board explained we conclude that Baldwin's desire to use Preformed jacketing in no way violated the bargaining agreement since it did not infringe upon work regularly or traditionally performed by Baldwin's em- ployees . . . We further conclude that the pressure brought to bear on Baldwin by the union was not for the purpose of regulating relations between Baldwin and its employees but rather for its ultimate effect elsewhere an unlawful secondary objective It is this decision that the circuit court has now upheld rrmrsne! HAVE YOU ORDERED et YOUR COPY OF THERMAL INSULATION Le Calendar of n. tcsieum Rn AACSS Fall Meeting Wayucsville Country Club Inn Waynesville N.C. October 6th and 7th 1969 Camelback IDCNA 14th Annual ConventioNon vember 1969 at the Mountain Shadows and Camelback Inn Scottsdale Arizona AICWS Annual Fall Meeting in conjunction with the IDCNA 14th Annual Convention Novem- ber1-5 1969 at the Mountain bback ackIInnn nInn Scottsdale Scottsdale Scottsdale Arizona Arizona Arizona Scottsdale Arizona Shadows and Camel- TIAC's Seventh Annual Meeting be held a ve Cleveland's Ilouse Minett Ontario September 17th to 21st 1969. Cleveland's House is situated on beautiful Lake Rosseau in Muskoka District the vacation land of Ontario SWICA's 1969 FALL MEETING Dallas Texas in October September25-26 Hotel MICA's FALL MEETING the Royal Jan Omaha Neb October 2-3 .969 .969 Executive MAICA's Fall Meeting will be held October 2 3 4 1969 at FRED WARING'S SHAWNEE ON THE DELAWARE POCONO MTS PA 21 21 inn Tentative Program IDCNA 14th Annual Convention Mt. Shadows Scottsdale Arizona November 1-5 1969 Saturday November 1 IDCNA Board of Directors Meeting IDCNA Budget Committee Ting Sout the JOBS a und day Scnday November 2 IDCNA Standing Committees Meeting Suppliers and Associate Members Meeting AICWS Board of Directors Meeting Workshop Discussion Leaders Meeting Welcome Reception 6:00 p.m. Monday November 3 General Session NIXON'S LEGISLATIVE PROGRAM The Honorable John J. Rhodes Congressman R 1st District Arizona for LADIES Sunday November 2 Welcome Reception p.m " An opportunity to meet with the other gals and their beaus and to renew old friendships THE NATIONAL JOINT BOARD William Cour Chairman National Joint Board for Settle- ment of Jurisdictional Disputes WHERE ARE WE NOW WORKSHOP Moderator Ben A. Lindberg AICWS Membership Luncheon IDCNA Board of Directors Meeting Monday November 3 Shopping Tour You will be able to browse leisurely through some of the most unique shopsin the world Western Skies Steak Fry The hospitality of the Old West will be in evidence this night A grandfeed a real shoot- out and square dancing will make this an evening to remember Western Skies Steak Fry Western Show- for Hire Tuesday November 4 Square Dancing Taliesin House Tuesday November 4 General Session THE UNION TODAY Albert Hutchinson President International Association of Heating & Frost Insulator and Asbestos Workers This world famous home was designed by architect Frank Lloyd Wright and attracts visitors froin the four corners of the earth A visit you can't miss Fashion Show Some of the West's most beautiful beautiful fashions will WHERE DO WE WORKSHOP GO FROM HERE Moderator Ben A Lindberg Golf Tournament President's Reception and Dinner Special Indian Ceremonial Dances in Wednesday November 5 General Session WHAT MAKES AN EMPLOYER TION EFFECTIVE IN LABOR RELA- paradedbefore be you mixture of color thrill and delight you President's Reception and Dinner This annual event will feature a colorful and exciting presentation of Indian Ceremonial Dances complete with authentic costumes The beat of one of the Southwest's most popular orchestras will provide the music for your dancing ms in mune 19 TIONS DiscussionMcCafre Moderator M. McCaffreMMccCaeCfaffreferee Report by Committees Associates Associates Reception Luncheon Luncheon Luncheon Members Members Display OURCHANGING OUR ENVIRONMENT J. Roberts Wi IDCNA Board of Directors Meeting ; > K t H SEPTEMBER 1969 3 Wednesday November 5 Reception and Lunch Our Changing Environment in the subject of taik by Dr. C. Roberts This presentation will surprise and awe you as Dr. Roberts explains how our lives will be affected by what is happening today 27 ' ~ cut insulation application costs Oe end heat losses at seams and joints | WITH CAFCO SHIELDfi | oe 00C*ST THERMAL INSULATION se ; : | i | i { 28 Cafco Power Shield a thermal insulation that's efficient from ambient to 1600 can be applied in any thickness to virtually any shape or contour Use it on power and process equipment such as boilers turbines tanks dryers Oven chimneys Cafco Power Shield is sprayed on The case and speed with which it is applied is reflected in appreciably reduced installation costs You don't have to pay for cutting fitting laminating staggering and securing separate slabs and pieces of insulating material We've eliminated waste The finished coating is monolithic eliminating eliminating seams at which heat losses can occur as well as voids or crevices in which corrosive condensation can form Cafco Power Shield is inorganic chemically stable and flexible enough to expand and contract along _- with along your equipment without cracking cracking or spalling And if you have showplace showplace proces ing spalling you a showplace engine room or processing area Cafco Power Shield can be smoothed to a slick finish and painted Cafon Power Shield fits your equipment your pocketbook and your decor Additional information on Cafco Power Shield is available from United States Mineral Products Company Stanhope New Jersey 07874. Phone 201 347-1200 Administration's Health Message Requests Standard Authority President Nixon asked Congress thorize Federal occupational health ards for industries and businesses in August and safety to au- stand- In a special message to the House and Senate the President requested creation of a member board to establish the standards which would be enforced through the courts on complaints brought by Federal and State inspectors First Big Federal Step Although Mr. Nixon stressed that the program would encourage State cooperation the plan would mark the first extensive Federal action in the field of job health and safety Under legislation introduced in both Houses follow- ing transmission of the President's message S. 2788 Javits N.Y H.R. 13373 Ayres Ohio the board would be directedd irected to look first toward national con- sensus standards which have already been voluntarily established by national producing organizations It would begin enforcing its standards on July 1 1972 and would be authorized to break new ground if consensus standards did not exist in an area the board thought important Violation of the standards would be subject to a civil penalty of up to 10,000 and the Board headed by a 40,000 chairman would be authorized to blacklist employers from Government contracts for up to three years Federal The legislation would authorize the States to adopt their own health and safety regulations- providing the regulations were at least as tough as the standards The Federal standards would contiri to applaynd tion in States not producing approved plans The standards requested by the Nixon Administra- contained in both S. 2788 and H.R. 13373 would apply to all employers for Federal State and local governments agricultural em ployers with no more than three workers agricultural cmployers who do not use more than 500 man days of hired labor a year and industries like coal muning muning which aiready have specific health and safety standards standards Business Still Concerned The Nixon proposalis in sharp contrastto prior bilk that vested exclusive standard authority in the Secretary of Labor and gave no recognition to the role of industry in setting standards There is still serious concern in the business com- munity about some of the bills provisions and about its failure to provide an exemption for employers who have better than average safety records In addtion addtion many will undoubtedly consider it unfair that the law will not be applied to the Federal Government which has one of the poorest jub safety records Occupational health and safety hearings are stated to begin in the House Select Subcommittee September 16 and are expected to continue October Senate Labor Subcommittee hearings are also expected to commence in September of course WHAT ELSE COULD YOU WANT OUR NEW GLASS FABRIC DIVISION at the-right price too DIRECT TELETYPE TELETYPE TELETYPE SERVICE TO OUR 230 West41st Street New York N.Y. 10036 : WISCONSIN 7-5046-7-8-9 7-5046-7-8-9 7-5046-7-8-9 AREA CODE 212 212 for members of basic tabor's needs which he said equire mediate and positive -presumably during the Second Session of the 91st Congress Among the basic needs listed were thest A 2 minimum wage ; A massive new jobs program in the public sector A percent increase in all Social Security fits and a minimum monthly payment of Uniform unemployment compensation 100 Expanded workmen's compersation with minumum Federal standards A welfare program based solely on need Repeal of Section 14 of the Hartley Ach Extension of collective bargaming rights to faturerst Union recognition and collective bargaining nights for State county and municipal workers New and improved occupational safety laws Situs picketing rights for building tradesmen THE IDCNA OUTLOOK | " Federal Raises And Inflation adopt wviding wviding ederal Que to istry. 13373 edera cmultural dzys ming dards 1 bills ai the * rele Government payroll to hit 49 billions The Federal Government may be its own worst enemy in the fight against inflation Tax Foundation Inc suggests in a new study Since 1962 when federal officials began exhorting private industry and labor to hold down wage and price increases federal salaries on the average have gon up 47 per cent the foundation's study shows The trend has been speeded moreover by the grow- ing practice of upgrading federal employes A decade ago the study points out about 56 per cent of all federal classified workers were inhigher lowest five pay start offiscal 1968this situationwas reversed More than half were in the upper pay grades M- about who Jition Claw Claw 14 - ated Labor ough aringarisngs tor tor alee -100 The Tax Foundation also found that There are now more than 3 million federal em- ployees 700,000 since 1960 The highest rate of increase was in the Depart- ment ment of Health Education and Welfare per cent Civilian federal employees now more than 30 employees get billion dollars a year in papayy andbenefits services personnel - CiviliCivilian an and armed together budget will get a billion slice of the federalbbudgetudget during the fiscal year which began July 1 With employee retirement costs rising the retirement fund is in a precarious position with an unfunded liability of 57.5 billions at the close of fiscal 1969 is In a period when attention being directed to the " control of inflationarpyressures the study concludes there arise questions as to the role of the Federal Government . Complaints and warnings have come to the effect that the Government itself may be setting an example which works against its own inflationary policies In Defense of Union Wage Demands , , , Contrary to the case made by the Labor Secretary for moderation in wage demands see above story it can be persuasively argued that labor unions are not demanding and securing enough Joint Council No. 16 of the Teamsters says on the basis of an analysis hasmade of what inflation and tax done to the home pay of factory suburbs of New York City increases have workersin the These workers the Council rinds worked longer SEPTEMBER 1969 hours for less home pay in 1968 than in 1965 Increases in personal income taxes and social security levies combined with soaring prices have made collective bargaining a treadmill to nowhere the Coun- cil concludes The average Westchester County factory worker with three dependents actually lost 49 cents in weekly pur- chasing power between 1965 and 1968 despite a 14.56 increase in gross weekly wages and a hour increase in working hours In Rockland County a similarly situated factory worker lost 10 cents despite a 16.02 pay increase and 0.7 more hours of work In Nassau and Suffolk Counties negligible gain of 94 cents in home pay resulted from a 17.31 increase in gross weekly pay and a hour increase in hours of work Under the Bureau of Labor Statistics workers family budget a person family in the New York metropolitan area needed 192 a week for a moderate living in 1967 and 116 for a lower level of living it is noted One year late in 1968 not one of 14 manu- facturing industries in the Westchester earnings equal equal to the moderate budget and half of them failed to reach even the lower welfare budget Construction Strike Insurance Strike insurance endorsed by the Associated General Contractors of America is being offered by the Arch Bermuda Insurance Co. Ltd. of Hamilton The pro- gram is designed to indemnify contractors for losses from work stoppages due to labor disputes disputes This in- cludes strikes picketing boycotts involving subtrades subtrades subtrades subtrsaubdtreadses subcontractors material or equipment suppliers and lockouts on or off jobsite One advantage of using a non insurance com- pany in the employers view is that it is beyond the reach of American labor unions and political pressures year individual policies are being offered the con- tractor benefits from continuous protection but pays only one ments struction quarterly year's premium ata time in quarterly The policy must cover all of the insured in an area not smaller smaller than a C install- applicant may cover his operations in some or all of the states under a single policy Applications accepted by Oct. 31 1969 will become effective Jan., 1970 but no claims will be payable until July 1 1970. The claims procedure is relatively simple The initial claim would be forwarded to the insurance company notifying it of the commencement of a work stoppage The next form would not be re- may quired until the 15th day of the strike be made for first 10 days the next subject of the claim for indemnity is able Insurance coverage of 3030 00 to 120,000 a day is available with premiums ranging from 900 mini- mum to 360,000 maximum