The U.S. Supreme Court on June 1 issued a favorable decision in a labor preemption case in which AGC of America submitted an amicus brief. The case, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174, presented the question of whether the National Labor Relations Act (NLRA) preempts an employer’s state tort claim against a union for intentionally destroying the employer’s property in the course of a labor dispute. Agreeing with arguments made in an AGC-supported coalition amicus brief, the Court affirmed the principle that strikers must take “reasonable precautions” to protect employer property from “foreseeable, imminent danger” and held that the union’s failure to do so in the case rendered its conduct outside the NLRA’s protections. Accordingly, preemption did not apply, and the employer in the case is free to pursue damages against the union in state court. For more background on the case, see AGC’s prior articles here and here.
The purpose of this virtual, quarterly townhall is to communicate key safety and health issues and challenges, as well as discuss enforcement, regulatory, and outreach activities at the national and local levels. Open to all AGC members and Chapters, the meeting also provides an opportunity for industry professionals from various sectors to share best practices, discuss emerging safety trends, and collaborate on ways to improve safety across the entire construction industry. Register HERE to join us on June 22, 2:00 PM – 3:00 PM for the inaugural meeting.
Kevin Cannon, CSP, ARM, Senior Director of Safety, Health, & Risk Management
Take the Sustainable Practices Survey to Help Inform the New Effort, Log In to August 16 Town Hall for a Carbon Reporting Overview
Reaching an agreement on a construction contract that leads to a positive outcome for all parties involved – owner, builder, designer – should be the goal of your contract negotiations. What contract you start with as your foundation and which provisions you prioritize in your negotiations matter. On a webinar hosted by the Association of Corporate Counsel (ACC) entitled The Construction Tool-Kit for the In-House Counsel When Faced with a Construction Contract, Celestina Jimenez, Vice President & General Counsel at RK Industries, gave a brief overview of the three leading publishers of standard documents for construction, identified as the American Institute of Architects (AIA), ConsensusDocs, and the Engineers Joint Contract Documents Committee (EJCDC). She looks to provisions in ConsensusDocs to “come to a middle ground,” as they are “the best written to get to consensus.” Make plans to attend ConsensusDocs’ June 14th webinar on contract negotiation strategies for subcontract agreements. Register here.