NLRA, Construction Industry

Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

Jackson Lewis P.C. on 10/17/2024

The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more

NLRB's Final Rule Restores Union Toolkit for Keeping Bargaining Representative Status

Venable LLP on 9/27/2024

The National Labor Relations Board (NLRB) has issued another union-friendly final rule. The Fair Choice-Employee Voice Final Rule (Final Rule), scheduled to become effective September 30, 2024, resurrects three procedural...more

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

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

BakerHostetler on 8/22/2024

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

NLRB Set to Return to Obama Union Election Rules

McGlinchey Stafford on 8/20/2024

On April 1, 2020, the National Labor Relations Board (NLRB or the Board) made various amendments to its rules and regulations governing blocking charges, the voluntary-recognition bar doctrine, and proof of majority support...more

The NLRB Issues New Regulations - A New Assault On Employee Free Choice

Bond Schoeneck & King PLLC on 8/16/2024

On July 26, 2024, the National Labor Relations Board (NLRB) issued a new final rule concerning blocking charges, the voluntary recognition bar and union recognition in the construction industry that, in Orwellian fashion, it...more

NLRB Issues “Fair Choice-Employee Voice” Final Rule

Proskauer - Labor Relations Update on 8/6/2024

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

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/29/2024

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

Percentage of Construction Industry Workers in a Union Continues to Decline

Jackson Lewis P.C. on 4/4/2024

According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7 percent in 2023. This is the latest in a generational shift. Over the...more

2024 Labor & Employment Law Updates for the Construction Industry

Snell & Wilmer on 2/16/2024

The New Year often means new labor and employment laws for the construction industry, 2024 is no exception. Federal agencies have been especially active. The Federal Acquisition Regulatory Council, the National Labor...more

Impact of Labor Board’s New Joint-Employer Rule on Construction Industry

Jackson Lewis P.C. on 12/28/2023

The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one...more

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Jackson Lewis P.C. on 6/29/2023

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

Jackson Lewis P.C. on 6/29/2023

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more

Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly

Fox Rothschild LLP on 4/26/2023

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

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

NLRB Proposes Rescission of Recently Issued Rules on Elections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/14/2022

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

NLRB Announces Proposed Rule to Rescind 2020 Amendments to Representation Election Procedures

Proskauer - Labor Relations Update on 11/8/2022

As foreshadowed by the National Labor Relations Board’s (the “Board”) Spring 2022 rulemaking agenda (discussed in our prior post here), Chair Lauren McFerran, Member Gwynne A. Wilcox, and Member David M. Prouty published a...more

Labor Board Proposes Return to Pre-Trump Board Election Procedures

Jackson Lewis P.C. on 11/7/2022

The National Labor Relations Board (NLRB) has proposed rescinding portions of its 2020 union representation procedures on blocking charges, voluntary recognition bar, and construction industry collective bargaining...more

Withdrawal Liability and The Building and Construction Industry Exception

Jackson Lewis P.C. on 9/30/2022

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

Construction Picket Lines: What Union Workers Must Know

Amundsen Davis LLC on 3/16/2021

As the 2021 construction season gets underway, and with an increasing number of construction projects being completed with a mix of union and non-union subcontractors, many workers have legitimate questions about their rights...more

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

Jackson Lewis P.C. on 6/24/2020

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

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

Proskauer - Labor Relations Update on 4/9/2020

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

Proposed Project Labor Agreement in Baltimore Opposed by Large Companies, Minority Construction Contractors

Jackson Lewis P.C. on 3/27/2020

An effort by several Baltimore City Councilmembers to mandate project labor agreements (PLAs) for certain large city contracts has triggered strong opposition from the city’s contracting community. Although there is often...more

Proposed Labor Board Rule Change Would Close Union-Recognition Loophole In Construction

Jackson Lewis P.C. on 9/30/2019

The National Labor Relations Board (NLRB) has issued a Notice of Proposed Rulemaking (NPRM) that includes changes to its representation case procedures that potentially may affect both construction employers and building...more

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

Laner Muchin, Ltd. on 9/18/2019

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

The National Labor Relations Act › Construction Industry

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