Rebar crew organizing opportunity eludes territorial Iron Workers

Sources: National Labor Relations Board; CP staff

A National Labor Relations Board official has dismissed an International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Philadelphia Council petition to conduct a representation election for a proposed bargaining unit under Ohio-based rebar placement specialist R&R Steel LLC.

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Argos driver hands NLRB a vehicle to affirm sound cell phone policy

A top ready mixed producer’s alleged unfair practices case has spawned a decision demonstrating the National Labor Relations Board’s return to decades-old, court-tested standards and National Labor Relations Act (NLRA) interpretations. It triggered a welcome rebuke of agency actions under the Obama administration, many of them skewed to Big Labor or injecting ambiguity in routine union grievance and employer response reviews.

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NLRB affirms legality of Argos zero tolerance cell phone policy

Sources: CP staff; National Labor Relations Board

The National Labor Relations Board has determined that a ready mixed concrete producer can restrict employees’ possession of cell phones in heavy-duty trucks, disclosure of compensation and other business matters, and use of company e-mail for nonwork purposes without violating their National Labor Relations Act-defined organizing rights. 

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NLRB prepares to take the ‘ambush’ out of union election rule

Sources: National Labor Relations Board; CP staff

A detailed Federal Register notice outlines modifications to the National Labor Relations Board’s Representation–Case Procedures rule, which saw 25 amendments in 2014-2015 as a part of a significant policy shift under President Barack Obama. Changes effective April 2020 sunset certain provisions enabling what opponents dubbed “ambush elections” by narrowing the window between a union petition for bargaining unit representation and rank & file voting from a 38- to 28-day average.

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Labor Board revisits bargaining relationships in construction

Sources: National Labor Relations Board; CP staff

The White House Office of Management and Budget (OMB) Office of Information and Regulatory Affairs has released near-term National Labor Relations Board rulemaking priorities, led by the agency’s current assessment of representation case procedures; standards for blocking charges, voluntary recognition, and the formation of National Labor Relations Act Section 9(a) bargaining relationships in the construction industry; and, standards for access to an employer’s private property.

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NLRB ponders terms of bargaining relationships in construction

Sources: National Labor Relations Board; CP staff

The NLRB is weighing construction industry bargaining relationship provisions as defined in National Labor Relations Act Sections 8(f) and 9(a), and invites interested parties to file briefs through October 26 on whether it should revisit policy dating to the Casale Industries (1993) and Staunton Fuel & Materials (2001) cases.

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Labor Board upholds CMC Rebar case decision against Iron Workers

Sources: National Labor Relations Board; CP staff

The NLRB has affirmed a May 2017 decision and order determining that the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, Local 229, San Diego, violated the National Labor Relations Act in activities tied to picketing a Temecula, Calif., construction site.

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Appellate Court rejects challenge to union-tailored ‘ambush’ election rule

AEM

The 5th Circuit Court of Appeals issued a decision rejecting an Associated Builders & Contractors challenge to the National Labor Relations Board’s controversial “ambush” election final rule. ABC General Counsel Maury Baskin of Littler Mendelson P.C. in Washington, D.C., argued the case on behalf of ABC of Texas, the Central Texas Chapter of ABC, and National Federation of Independent Business (NFIB) Texas earlier this year in New Orleans.

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Court to Teamsters: Aggregate Industries not NLRA-bound to be ‘bad’ at bargaining

Sources: U.S. Court of Appeals for the District of Columbia Circuit, Washington, D.C.; CP staff

The top federal appellate court recently granted an Aggregate Industries petition for review of a National Labor Relations Board decision involving the transfer of work between Construction and Ready-Mix bargaining unit drivers represented by Teamsters, Chauffeurs, Warehousemen and Helpers Local 631, Las Vegas.

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Contractor-led coalition sues Labor Department over union-biased ‘persuader rule’

Sources: Associated Builders & Contractors (ABC), Washington, D.C.; CP staff

A lawsuit ABC and other national or state groups have filed in U.S. District Court for the Eastern District of Arkansas challenges the U.S. Department of Labor’s final “persuader rule,” issued late last month. Officially titled Interpretation of the “Advice” Exemption, it revises the definition of what activities constitute “advice” and expands circumstances under which public reporting is required under the Labor-Management Reporting and Disclosure Act of 1959.

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