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.

The OMB’s Unified Agenda “reflects the Board majority’s strong interest in continued rulemaking,” notes NLRB Chairman John Ring. “Addressing these important topics through rulemaking allows the Board to consider and issue guidance in a clear and more comprehensive manner.”

The agency spurred review of Section 9(a) bargaining relationships in a fall 2018 invitation for briefs on policies emanating from the Casale Industries (1993) and Staunton Fuel & Materials (2001) cases. Most bargaining relationships are governed by Section 9(a), which requires a union to have the support of a majority of unit employees. In construction, however, bargaining relationships are presumed to be governed by Section 8(f), which does not so require.


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