Latest News

30 Aug, 2019

Musicians and Ballerinas Helping the Construction Industry

2019-09-03T10:07:37-05:00August 30th, 2019|Construction Contractor Advisor, Union Activity, Worksite Control|

It's not often you can say that musicians and ballerinas helped clarify the rules around access to a job-site or workplace. But, it happened earlier this month.  The National Labor Relations Board (“NLRB”) recently clarified that a property owner could exclude off-duty contractor employees from handing out leaflets on its property unless the off-duty employees worked regularly and exclusively on the property and there was no other reasonable alternative means [...]

17 Dec, 2014

Quickie Elections–NLRB Issues Final Rule

2018-04-23T23:55:12-05:00December 17th, 2014|Construction Contractor Advisor, NLRB|

On December 12, 2014, the NLRB announced that its final rules on the "Quickie" Election will be published on December 15, 2014, and will take effect April 15, 2015.  The most significant impact of the new rules will be to shorten the time from election for union representation from approximately 40 days to 10 to 14 days. The NLRB's press release stated that the rules are aimed at streamlining and [...]

16 May, 2013

Union Rep May Accompany OSHA Investigator During Safety Inspections

2018-04-23T23:55:18-05:00May 16th, 2013|Construction Contractor Advisor, Unioin Campaign|

On April 5, 2013, OSHA issued an interesting opinion providing that employees at non-union workplaces may designate a union representative to accompany OSHA’s investigators during inspections.  This guidance appears inconsistent with OSHA regulations and is a significant change in OSHA’s interpretation of its regulations. OSHA’s opinion concludes that non-union employees can select a person who is affiliated with a union or a community organization to act as their “personal representative” [...]

15 May, 2012

Ambush Elections? Not yet.

2012-05-15T15:48:11-05:00May 15th, 2012|NLRA|

On May 14, 2012, the United States District Court for the District of Columbia ruled that the National Labor Relations Board lacked a quorum to adopt the “ambush election” rule. While the current NLRB board may adopt its own “ambush election” rule, the current ambush election rule is now stayed. As you may recall, back in July, the board had four members when it held hearings about the ambush election [...]

12 Apr, 2012

Three Lessons Learned from the Coercive Picketing Decision

2012-04-12T11:03:45-05:00April 12th, 2012|Union Free|

As we discussed earlier this week, the Southeastern Carpenters’ Union was ordered to pay $1.7 million for damage its coercive picketing caused to Fidelity Interiors, a drywall company in Atlanta. There are several lessons that can be gleaned from the Court of Appeals’ 31 page opinion.  You can get a copy of the opinion here.  Get Copies of Union Letters, Leaflets and Materials A large portion of the opinion addressed [...]

22 Mar, 2012

What Are Appropriate Bargaining Units Under the NLRA?

2012-03-22T11:34:41-05:00March 22nd, 2012|NLRA, NLRB, Unioin Campaign, Union Free, Union Voting|

As many of you may know, the National Labor Relations Board’s (“NLRB”) decision in the Specialty Healthcare case overruled 20 years of practice regarding how it determines the "appropriate unit." Although it was hoped that this change impacted only non-acute health care facilities, it is now clear that the NLRB will apply the Specialty Healthcare decision across the board. What is an appropriate bargaining unit under Specialty Healthcare? In essence, [...]

29 Dec, 2011

Employee Rights Posting Delayed to April 30th

2011-12-29T09:04:50-05:00December 29th, 2011|NLRB, Unioin Campaign, Union Free|

The NLRB has again delayed the date by which you must post the employee rights poster. This poster was originally to be posted in November, then by January 30, 2012. Now, posting requirements are delayed until April 30, 2012. You can read the NLRB’s press release here. The NLRB explained that this latest delay was requested by the federal court hearing the challenges to the rule. Those opposing the rule, [...]

1 Dec, 2011

Streamlined Union Election Process?

2011-12-01T15:57:46-05:00December 1st, 2011|Unioin Campaign, Union Voting|

Well, it finally happened. The National Labor Relations Board (NLRB) voted 2 to 1 to amend its election procedures. For those of you whofollow the NLRB, the result was not surprising, with Democrats, Mark Pearce and Craig Becker, voting in favor of the rule, and Republican, Brian Hayes, voting against the proposal. The supporters of the amendment claim the changes will avoid unnecessary litigation and will do away with appeals [...]

1 Sep, 2011

Are you Ready to Post a Union Notice?

2011-09-01T11:29:08-05:00September 1st, 2011|Unioin Campaign, Union Free, Union Voting|

The NLRB has issued an advanced copy of its final rule requiring employers to display a poster in the workplace explaining employee rights to form a union under the National Labor Relations Act ("NLRA"). The notice must be posted by November 14th. The notice must be an 11x17 poster detailing employees’ rights and contact information for employees who feel that a violation of the NLRA has occurred. Click here for [...]

29 Aug, 2011

How Quick Will Union Elections Be?

2011-08-29T14:47:43-05:00August 29th, 2011|Unioin Campaign, Union Free|

Earlier this summer, the National Labor Relations Board (“NLRB”) released proposed amendments to its regulations that could significantly change the process for voting for or against unions. Click here for the proposed rules.  The most troubling aspect of the proposed rules restricts the time non-union employers have to respond to organization efforts. Under the NLRB’s proposed rule, the time between when a petition is filed and when the election takes [...]

20 Jul, 2011

What do you do about Union Activity?

2011-07-20T10:07:00-05:00July 20th, 2011|Construction Law, Unioin Campaign, Union Free|

Have you received a letter from a union claiming you are not paying area standard wages? Have the picketers started visiting your worksite? What’s a company to do? Well, if the picketers are already on your doorstep, you have some catching up to do. If you haven’t received the letter, yet, there is time and plenty to do to prepare your company for a union campaign. There are a number [...]