News & Analysis as of

Collective Bargaining Construction Industry

BakerHostetler

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

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The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

Proskauer - Labor Relations Update

NLRB Issues “Fair Choice-Employee Voice” Final Rule

On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020. ...more

DirectEmployers Association

DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects

New year, new DE Under 3! In this episode, our experts discuss the Federal Acquisition Regulatory (FAR) Council's new Final Rule mandating that federal construction contractors of a certain size negotiate a union agreement,...more

Fisher Phillips

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

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Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration...more

Fox Rothschild LLP

Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly

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A recent decision from the Southern District of New York reveals that courts may be inclined in some withdrawal liability cases to narrowly apply the building and construction industry exemption based on the nature and...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 12, December 2022

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Proposes Rescission of Recently Issued Rules on Elections

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more

Jackson Lewis P.C.

Withdrawal Liability and The Building and Construction Industry Exception

Jackson Lewis P.C. on

Withdrawal liability is a statutory obligation under the Employee Retirement Income Security Act (ERISA) that any unionized employer may have to confront. Exemptions from liability include one applicable to construction...more

Cole Schotz

NY Contractors Face Increased Liability And Administrative Costs From Proposed Amendments To Wage Theft Prevention Act

Cole Schotz on

The State of New York is poised to pass wage theft legislation that could have a major impact on the construction industry across the state. Among other things, it would impose greater liability risk on prime contractors and...more

DirectEmployers Association

OFCCP Week In Review: May 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

Construction Labor Agreements When Implementing COVID-19 Plans, Policies, Practices

Jackson Lewis P.C. on

As construction continues and resumes during the COVID-19 pandemic, unionized construction employers must be mindful of the terms of their collective bargaining agreements (CBAs) when implementing workplace responses to...more

Cole Schotz

Will Unionized New York City Construction Workers Be Entitled To Premium Pay Under Pending City Legislation?

Cole Schotz on

As we previously blogged, the New York City Council has introduced an expansive COVID-19 relief package, which includes a proposed bill requiring large “essential businesses” to pay premiums to certain essential, non-salaried...more

Proskauer - Labor Relations Update

Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more

Laner Muchin, Ltd.

National Labor Relations Board Proposes Three Amendments To Protect Employee Free Choice

Laner Muchin, Ltd. on

On August 9, 2019 the National Labor Relations Board (NLRB) announced that it would be proposing three amendments to its regulations which govern the filing and processing of representation petitions. The first amendment...more

Seyfarth Shaw LLP

NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

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Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

Holland & Knight LLP

NLRB Proposes Amendments Promoting Employee Free Choice in Representation Matters

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The National Labor Relations Board (NLRB) on Aug. 12, 2019, published proposed amendments to its rules and regulations in representation matters. Comments on the proposed amendments are due by Oct. 11, 2019, and reply...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of...more

White and Williams LLP

NLRB Proposed Election Rule Presents Significant Changes to Election Procedures

White and Williams LLP on

On August 12, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking to modify three parts of its election procedures. This rulemaking would amend the Board’s blocking charge policy,...more

Franczek P.C.

The First Rollout of Proposed Amendments to the NLRB’s Election Rules

Franczek P.C. on

On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s...more

Miller Canfield

NLRB Proposes New Rules to Modify Union Election Policies

Miller Canfield on

The National Labor Relations Board (the "NLRB" or "Board") issued a Notice of Proposed Rulemaking on Monday, August 12, 2019, which proposes amendments to certain interpretations of the National Labor Relations Act (the...more

Littler

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

Littler on

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103.  The first...more

Jackson Lewis P.C.

California Construction Industry Could Avoid Big Civil Penalties Claims: Union Employers Should Review The New Collective...

Jackson Lewis P.C. on

Unionized employers in the construction industry can potentially receive some well-needed relief from California’s Labor Code Private Attorneys General Act of 2004 (Labor Code Section 2698 et seq.), known as “PAGA,” in light...more

Amundsen Davis LLC

Keep Calm And Be Cautiously Optimistic – Recent NLRB Developments

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The National Labor Relations Board (NLRB) is taking more steps towards positive, significant change for private-sector employers:- Joint Employer Standard- CURRENT LAW: The Board may find that two or more entities are...more

Snell & Wilmer

Under Construction - December 2016

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Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

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