Jurisdictional disputes within the construction industry

Abstract

Work assignment disputes, known as jurisdictional disputes are common in the construction industry. They are not only costly but annoying as well, The construction industry has always been plagued with this type of dispute because each of its many craft unions regards certain types of work as a proprietary right. They jealously guard against any encroachment of their area of activity by other unions. Sometimes lines of demarcation between the various jurisdictions are not clear. Also, the development of new products and methods often brings with it clashes between unions each of whom claim exclusive right to the work assignment. This thesis presents the problem of determining the causes of jurisdictional disputes and strikes within the industry, together with an effective method of accommodation. Conclusions reached are that jurisdictional conflicts are the product of economic, psychological and political forces operative within the employment environment of the construction industry. Although the National Joint Board for Settlement of Jurisdictional Disputes meets the necessary criteria for a method of accommodation, it lacks the means of enforcing its awards. The most effective method of accommodation is to combine the injunctive and enforcement powers of the National Labor Relations Board with the arbitration and mediation process of the National Joint Board for Settlement of Jurisdictional Disputes

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