Expanded joint employer definition clouds contractor, subcontractor ties

Sources: Associated Builders & Contractors, National Association of Home Builders, Washington, D.C.; National Labor Relations Board; CP staff

Against precedent dating to 1984, a 3-2 NLRB majority redefines “joint employer” in a decision favoring an International Brotherhood of Teamsters local aiming to extend representation from a recycling station bargaining unit—equipment operators and companion staff employed by the facility’s owner—to a subcontractor whose employees perform waste sorting and related services.

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Discharged, union-wise dump and mixer driver prevails in back pay case

Sources: National Labor Relations Board; CP staff

In one of its final 2014 decisions, the NLRB adopted an administrative law judge’s order that Fairmont Heights, Md.-based Pessoa Construction Co. pay a former dump truck driver $95,000 in back wages. It settles protracted pay period and calculation proceedings triggered by an initial agency decision determining the highway contractor violated the National Labor Relations Act when it terminated William Membrino for “union activities.”

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NLRB opens employer e-mail systems to union organizers, campaigning

Sources: National Labor Relations Board; CP staff

NLRB has adopted a final Representation–Case Procedures rule to modernize and streamline representation dispute resolution, Chairman Mark Gaston Pearce noting: “With these changes, the Board strives to ensure [the] process remains a model of fairness and efficiency for all.”

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Teamsters hold shuttered RM producer to ‘effects bargaining’

National Labor Relations Board Administrative Law Judge Melissa Olivero has ordered Champaign Builders Supply Co. principals to bargain with Teamsters Local 26, Champaign, Ill., regarding the effects of the company’s September 2013 closing of a ready mixed plant staffed by a driver, yard staff and loader operator unit.

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NLRB clears path for Operating Engineers decertification vote at Allied Stone

Sources: National Labor Relations Board; CP staff

In a case involving one of 12 crushed stone or sand & gravel operations under Moline, Ill.-based RiverStone Group Inc., the NLRB affirms a contract bar doctrine limiting to three years the window during which a collective bargaining agreement restricts unit members from pursuing a vote to decertify their union.

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OSHA and NLRB Update Referral Agreement

The Occupational Safety and Health Administration and National Labor Relations Board have implemented a joint referral agreement to redirect to the NLRB OSHA complainants whose claims of discrimination under the OSH Act are time barred, but may form the basis of timely unfair labor practice charges under the National Labor Relations Act. NLRB Associate General Counsel Anne Purcell disclosed the accord in a May memorandum.

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Operating Engineers take narrow election at Virginia precast plant

Sources: National Labor Relations Board; CP staff The NRLB has certified International Union of Operating Engineers Local 77 in Suitland, Md., as collective-bargaining representative for equipment operators and mechanics at the Structural Concrete Products LLC plant in Manassas, Va. The Board adopted a regional director’s January 2014 decision on the prior month’s representation vote—four in favor, three opposed—among proposed bargaining…

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Limited driver pool steers aggregate hauler to Teamsters’ terms

Under a settlement with the National Labor Relations Board, Fontana, Calif.-based Commodity Trucking Acquisition LLC has entered a three-year collective bargaining agreement with Teamsters Local 137, Redding, Calif., and will cover $262,000 in back pay for drivers at its Dispatch Transportation business, formerly Valley Aggregate Transport Inc. in Yuba City, Calif.

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Court blocks NLRB rule on April 30 posting of union-organizing tips

Sources: Associated Builders & Contractors (ABC), National Labor Relations Board (NLRB), Washington, D.C.; CP staff

ABC applauds a U.S. Court of Appeals for the D.C. Circuit injunction amid proceedings challenging the NLRB’s rule for private sector employers to post by month’s end “Notification of Employee Rights,” an 11- x 17-in. notice on National Labor Relations Act union-organizing and collective bargaining provisions.

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Labor agencies seek shorter union petition–election window, employer counsel disclosures

Sources: Department of Labor and National Labor Relations Board; Associated Builders & Contractors (ABC), Washington, D.C.

By Don Marsh

A NLRB-proposed rulemaking would take steps likely cutting the period for union representation election from an average of 45–60 days to 10–21 days, a move ABC believes would severely limit an employer’s ability to effectively communicate to workers the impact of unionization.

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