NLRB injects Cemex into new representation proceedings framework

Cemex Construction Materials Pacific LLC is at the center of legal proceedings likely to extend into 2024, or beyond, and determine National Labor Relations Board latitude in ordering employers to bargain with a union and holding them to a zero tolerance standard for even minor National Labor Relations Act (NLRA) violations.  A new NLRB framework for determining when employers are…

Read More

Under Cemex, NLRB rebrands protocol for union representation proceedings

Sources: National Labor Relations Board; International Brotherhood of Teamsters, Washington, D.C.; CP staff A new National Labor Relations Board framework for determining when employers are required to bargain with unions absent a representation election was announced concurrent with a late-August decision affirming prior agency findings of unfair labor practices by Cemex Construction Materials Pacific LLC. In March 2019, mixer truck…

Read More

Iron Workers case shapes New York precast erector’s bargaining unit

National Labor Relations Board Regional Director (RD) Kathy Drew-King has determined a craft unit within the site crew of Kingston, N.Y.-based NYC Crane Hoist Operations LLC, and directed an election for its 27 members to vote on representation by the United Derrickmen & Riggers Association, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 197. The Long Island…

Read More

Iron Workers case frames bargaining unit for Big Apple precast erector

Sources: National Labor Relations Board Region 29, Brooklyn, N.Y.; CP staff National Labor Relations Board Regional Director (RD) Kathy Drew-King has determined a craft unit within the site crew of Kingston, N.Y.-based NYC Crane Hoist Operations LLC, and directed an election for its 27 members to vote on representation by the United Derrickmen & Riggers Association, International Association of Bridge,…

Read More

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.

Read More

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.”

Read More

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.”

Read More

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.

Read More

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.

Read More

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.

Read More