Unfair labor practice charges on the rise
Construction Dive
NOVEMBER 30, 2023
Reports of labor violations and union petitions to the NLRB both rose in the last year. Here’s what construction employers need to know.
Labor Law Compliance for Non-Union Workers
Construction Business Owner
JULY 29, 2013
Most employers think of the NLRA as the federal law that governs how employers recognize and deal with unions, and with more than 93 percent of the private sector not represented by unions, many construction employers believe this law may not apply to their workforces.
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Suit challenges union participation in OSHA walk-arounds
FDR Safety
SEPTEMBER 22, 2016
OSHA’s policy of allowing union representatives to accompany agency compliance officers in walk-around inspections of worksites, even if the union doesn’t represent company employees, is being challenged in a lawsuit filed by the National Federation of Independent Businesses. The NFIB lawsuit, filed in U.S.
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NLRB: Unions can represent workers without an election
Construction Dive
AUGUST 29, 2023
A recent Cemex decision is meant to dissuade employers from choosing to “abuse” NLRB’s election procedure, the board chairman said.
Union 110
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Non-union employees may have union rep accompany OSHA inspector
FDR Safety
MAY 10, 2013
Non-union employees can select anyone, including representatives of a union, to accompany an OSHA compliance officer during an inspection of their worksite, according to a recent interpretation letter issued by OSHA. As noted in an article by the Constangy Brooks & Smith law firm, the letter is provoking a backlash from employers.
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Union Construction Employment Up 3% in 2021, Back to 2019 Level
ENR Construction
FEBRUARY 1, 2022
Union membership in construction rose by 31,000 to 1.02 million in 2021 from its 2020 level.
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As Nationwide Strike Loomed, 900,000 German Workers Settle With Construction Employers
ENR Construction
OCTOBER 18, 2021
Wage adjustments in settlement, subject to final union and employer approval, would balance disparities between country's east and west regions; giant contractor Hochtief negotiates independent deal with workers
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Union Construction Employment Up 3% in 2021, But Only Returns to 2019 Levels
ENR Construction
FEBRUARY 1, 2022
Union membership in construction rose by 31,000—from an annual average of 993,000 in 2020 to 1,024,000 in 2021.
Union 69
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Union Construction Employment Up 3% in 2021, But Only Returns to 2019 Level
ENR Construction
FEBRUARY 1, 2022
Union membership in construction rose by 31,000 to 1.02 million in 2021 from its 2020 level.
Union 69
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900,000 German Workers Reach Deal With Construction Employers, Avoid Nationwide Strike
ENR Construction
OCTOBER 18, 2021
Wage adjustments in settlement, subject to final union and employer approval, would balance disparities between country's east and west regions; giant contractor Hochtief negotiates independent deal with workers
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Contractors Oppose OSHA's Proposed Rule About Safety Inspections
ENR Construction
NOVEMBER 15, 2023
Employers say the change would give union representatives access to nonunion jobsites and create safety liabilities.
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Non-union labor gaining ground in New York City
BD+C
JULY 24, 2017
Non-union labor is a growing force in New York City’s construction industry , according to an industry trade group official. Lou Coletti, president of the Building Trade Employers' Association (BTEA), says that 95% of its construction managers and general contractors are open-shop.
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OSHA's Worker Walkaround Representative Proposed Rule Raises Contractor Concerns
ENR Construction
NOVEMBER 15, 2023
Employers say the change would give union representatives access to nonunion jobsites and create safety liabilities.
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3Q 2024 Cost Report: Pay Hikes for Craftworkers Continue Amid Labor Shortage
ENR Construction
SEPTEMBER 25, 2024
Union and open-shop employers alike continue to see wage increases in 2024.
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Non-union Construction Workers Oppose Chargers' $1.8B Stadium Plan
Construction Equipment
JUNE 3, 2016
The Coalition for Fair Employment in Construction is crying foul after the Chargers announced they are partnering with the Building and Construction Trades Council for their proposed stadium and conference center.
Union 48
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In 'most important labor decision in decades,' SCOTUS appears ready to weaken unions
Construction Dive
MARCH 13, 2018
While the case involves public-sector union fees, one expert says the outcome will have major implications for private employers, too.
Union 48
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NLRB Says Scabby the Rat, Other Inflatables, Can Remain at Secondary Boycott Protest Sites
ENR Construction
JULY 26, 2021
Scabby — a giant, inflatable rat prominently displayed by unions to protest employers that hire non-union companies — banners and other secondary protests were ruled protected speech by the National Labor Relations Board last week.
Union 74
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Engineering construction workers reject 8.5% pay offer
Construction Enquirer
JULY 31, 2023
Contractors signed up to the National Agreement for Engineering Construction Industry set out the final two-year offer to the 7,000-strong workforce last month This followed an extra 75p a hour cost of living increase agreed six months ago between unions and contractors. The employers’ latest two-year offer includes a 8.5%
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Tax Reform Impact on Employers and Employees
Revit OpEd
DECEMBER 22, 2017
The new federal Tax Bill has many provisions that impact employers with respect to their employees. The Tax Bill has many provisions that impact employers with respect to their employees. Drizner and Michael Lobie. Editor’s note : This blog was originally published as a Client Alert by Seyfarth Shaw LLP.
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Surprise site safety visits drop to record low
Construction Enquirer
JUNE 28, 2023
A freedom of information request made by the Unite union discovered that the Health and Safety Executive (HSE) undertook only 7,647 unannounced inspections in 2022/23 – a 2% decline on the previous year when there were 7,793 inspections. The number of surprise construction site safety visits has fallen to a record low.
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Severfield workers vote to strike over pay dispute
Construction Enquirer
MAY 15, 2023
The workers, who are members of GMB union, plan three days of strike action on 22, 25 and 26 May, after 93% voted for industrial action. A spokesperson for Severfield said: “Severfield, notes the decision by the GMB to conduct strikes.
Union 88
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Do the laws of math apply in Washington?
FDR Safety
MAY 17, 2013
Fairfax, who retired after the letter was written, was responding to a union inquiry. In the letter, Fairfax said that non-union employees can select anyone, including representatives of a union, to accompany an OSHA compliance officer during an inspection of their worksite. 29 U.S.C. §
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Tips for Enacting Workplace Mask, Vaccine Requirements
Pro Builder
AUGUST 18, 2021
One attorney says it’s been challenging for many employers who struggle to keep up with the rate of COVID developments and mandates. Another attorney told HR Dive that employers should update policies in writing, making it as clear as possible, and consider making the appointment in person or in a meeting. Read More. .
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Pay deal for nuclear builders heads-off strike threat
Construction Enquirer
JULY 9, 2023
Unite said it will now be looking to agree similar arrangements with other employers in the construction engineering sector. Unite national officer Jason Poulter said: “This deal will serve as an important building block as unions increase their organisation to ensure that workers covered by the agreement are paid fairly.”
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#137: Liability for Negligent Selection of Subcontractors
NH Construction Law
JULY 21, 2024
Holy Rosary Credit Union , 139 N.H. “As a general rule, the employer has a duty to use reasonable care to choose a contractor who is properly qualified to perform the work. Holy Rosary Credit Union , 139 N.H. 463 (1995). But a general contractor can be liable for its own negligence in hiring an incompetent subcontractor.
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WorkHands: A Social Media Site for Construction Workers
Construction Marketing
DECEMBER 11, 2014
The main purpose of the website is to better connect employers with skilled workers in the United States. The resumes are presented in an easy to read format and are easy for potential employers to find on the site. Overall, WorkHands is a great resource for connecting skilled workers and potential employers.
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238 NLBMDA Welcomes Court Decision Striking Down NLRB Poster Rule
Construction Business Owner
MAY 9, 2013
Circuit invalidating a National Labor Relations Board (NLRB) rule requiring nearly six million employers to post an 11-by-17 inch notice regarding employee rights to unionize. Court of Appeals for the District of Columbia (D.C.)
Labor Development Impacting Developers, Contractors, and Landowners
Construction and Infrastructure Law
JUNE 4, 2019
It is unlawful for unions to secondarily picket construction sites or to coercively enmesh neutral parties in the disputes that a union may have with another employer. Takeaways: The NLRB’s regional offices that are responsible for investigating unfair labor practice charges filed against unions take their direction from the GC.
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OSHA whistleblower pilot program uses shaming penalty
FDR Safety
JUNE 23, 2016
The OSHA whistleblower pilot program is similar to the existing Severe Violator Enforcement Program, which focuses on employers OSHA believes are indifferent to worker safety and health, or who willfully ignore it. The post OSHA whistleblower pilot program uses shaming penalty appeared first on FDRsafety.
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OSHA releases COVID-19 Emergency Temporary Standard (ETS)
Safety Services Company
NOVEMBER 10, 2021
The ETS covers employers with 100 or more employees – firm or company-wide – and provides options for compliance. Employers must pay employees for the time it takes to get vaccinated and recover from any side effects that prevent them from working. What are the fines? What are the details? Can state OSHA regulators override this?
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Union-Employer Study Cites Marcellus Shale Construction Job Boom
ENR Construction
OCTOBER 15, 2014
Survey says region''s oil and gas development has spawned 45,000 new jobs since 2008. Business Management'
Union 54
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Q2 Construction Labor Costs $28.13/Hour
Job Order Contracting
AUGUST 2, 2016
This section provides information relating to employment and unemployment in construction. While most data are obtained from employer or establishment surveys, information on industry unemployment comes from a national survey of households. Employment, Unemployment, and Openings, Hires, and Separations. . . Employment, 2015.
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Construction and Infrastructure Law
JUNE 4, 2019
It is unlawful for unions to secondarily picket construction sites or to coercively enmesh neutral parties in the disputes that a union may have with another employer. Takeaways: The NLRB’s regional offices that are responsible for investigating unfair labor practice charges filed against unions take their direction from the GC.
Union 40
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Meet Canvas, the Drywall Finishing Robot Offering Level 5 Quality
Construction Junkie
FEBRUARY 10, 2021
The crews that Canvas employs to work with the machine are also union workers. The company is currently partnering with owners, developers, and general contractors to offer the bot’s services in a subcontractor role, as opposed to leasing or selling the robot outside of the company.
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Subtle (and Not So Subtle) Effects of COVID-19 on the Construction Industry
Constructlaw
SEPTEMBER 10, 2020
Employee Safety and Unions: Skilled craft persons working side-by-side on a project has always been the cornerstone of construction. Additionally, these new necessary worker protections may inject new life into the power of unions. Will this be the rebirth of union strength in certain parts of the country?
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Tyson Foods Investing $80M, Creating 300 Jobs In Tennessee
Business Facilities
AUGUST 16, 2017
will invest approximately $80 million to expand operations in Union City, TN. Tyson plans to add 25,000 square feet and new production lines to its Union City plant, effectively doubling its output capabilities at the facility. Tyson’s Union City complex supplies chicken for a national foodservice customer. Tyson Foods, Inc.
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OSHA Alert: How to Prepare for an OSHA Inspection
FDR Safety
MARCH 19, 2020
Here are points to remember when it comes to the walk around inspection: The law provides that a representative of the employer shall be given an opportunity to accompany the inspector. As we have discussed in previous updates, employers should designate a company representative far in advance of any OSHA inspection.
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This House-Approved Bill Could Reclassify Independent Contractors
Pro Builder
MARCH 23, 2021
The PRO Act also aims to expand unionization rights and would amend the National Labor Relations Act, according to Construction Dive. To classify a worker as an employee under the PRO Act requires three main criteria regarding employer control, location of the job, and profession.
Housing 52
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OSHA Awards $10.6 Million in Safety, Health Grants
Construction Equipment
SEPTEMBER 9, 2014
OSHA awarded $10,687,000 through the Susan Harwood Training Grant Program to 78 nonprofit organizations, including community- and faith-based groups, employer associations, labor unions, joint labor-management associations, and colleges and universities.
OSHA 69
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OSHA Construction Safety Inspections Fall 84% During Pandemic
Pro Builder
JUNE 3, 2020
If a construction hazard is less than an imminent danger, and unless there is a fatality, the likelihood of an inspection now is low, according to a trade union executive. Some 975,000 construction workers became unemployed in April, but there were still 6.6 million people employed in construction. Read More.
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52 Big Box Stores Act to Ease Construction Labor Shortage
Construction Equipment
MARCH 8, 2018
There are not enough skilled tradespeople to fill the construction jobs available right now, but simply walking on to a jobsite or in to a union hall doesn't help either the worker or the contractor. Trade-related basic skills and hands-on experience are the prerequisite for getting hired into entry-level jobs.
Union 50
50 
Sparks agree 7% wage increase from 2024
Construction Enquirer
JULY 5, 2023
Electricians are set for a 7% wage rise from 2024 after a new pay deal was hammered out by electrical contractors and union Unite under the JIB collective agreement. The two-year deal for the industry also includes a 5% uptick in rates from 2025.
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Contractor Group Sues NYC Over New Crane Safety Regulations
Construction Equipment
OCTOBER 26, 2016
. . Members of the Building Trades Employers Association (BTEA), an industry group representing 27 trade union contractor associations in New York City, filed an Article 78 petition Tuesday against the Department of Buildings in New York City and Commissioner Richard D.
Regulation 48
48 OSHA is watching – for 30 years
FDR Safety
OCTOBER 17, 2012
authorized union representative; an attorney or other person to whom the employee has given specific written consent to exercise a right of access). authorized union representative; an attorney or other person to whom the employee has given specific written consent to exercise a right of access).
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