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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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.
Read MoreSources: 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.
Read MoreSources: 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.
Read MoreA case rooted in one of the National Labor Relations Board’s most contentious decisions during the Obama administration could disrupt efficient work flows that help define one of the best known names in concrete structures and slabs, and alter longstanding recognition of craft units unique to construction.
Read MoreAgainst precedent dating to 1984, a 3-2 National Labor Relations Board 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 other related services.
Read MoreThe Environmental Protection Agency will be remembered as a favored tool for President Obama to wield his brand of executive authority, most recently demonstrated in sweeping Clean Power Plan (note page 8) and Waters of the U.S. proposals sure to cost consumers and business what critics estimate will be tens if not hundreds of billions of dollars. Right behind the EPA will be the National Labor Relations Board, which has indulged a union-friendly White House through such measures as a rule mandating workplace display of posters detailing employees’ rights to representation; adoption of representation case procedures enabling “ambush” elections; and, reinterpretation of long-held standards for what constitutes a bargaining unit.
Read MoreSources: 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.
Read MoreSources: CP staff; National Ready Mixed Concrete Association
A June 30 presentation, “The NLRB Is Changing the Workplace. Are You Prepared?,” will spotlight recent National Labor Relations Board decisions impacting union and nonunion companies. A partner in the Macon, Ga., office of Constangy, Brooks, Smith & Prophete, LLP, attorney Jeff Thompson will focus on rule or procedure changes that allow unions to be quickly and easily elected as bargaining unit representatives, and require release of employees’ personal information to union organizers, potentially undermining employer due process rights.
Read MoreSources: Littler Mendelson P.C., San Francisco; CP staff
A federal district court has dismissed one of two lawsuits filed earlier this year seeking to invalidate the National Labor Relations Board’s Representation-Case Procedures, dubbed by critics as the “ambush” election rule as it facilitates an accelerated petition-to-election timetable for unions seeking to represent their bargaining unit targets.
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