AGC of America is proud to support the 2023 LCI Congress, celebrating 25 years of Lean learning. Taking place this year in Detroit, Michigan, from October 24 to 27, Congress brings together our Lean design and construction community to gain inspiration across disciplines. Register now to explore transformative topics and supercharge your Lean journey. Lean is all about collaboration, and Congress is the perfect setting to fuel Lean advancement together. Learn more and get a discount code for Congress registration.
In its Cemex Construction Materials ruling issued August 25, the National Labor Relations Board (NLRB) paved the way for unions to represent employee units without winning a secret ballot election outside the 8(f) exemption, effectively placing the burden on employers to disprove a union’s claim of 9(a) representative status. A day earlier, the NLRB issued new election rules (effective December 23, 2023) that speed up the election process and effectively bar employers from litigating key election issues until after a vote. (For info on the differences between 9(a) and 8(f) union recognition, see here and here.)
The National Labor Relations Board on Aug. 25 adopted a final rule amending procedures governing union representation elections. The rule shortens the time period between the filing of a representation petition and the holding of an election and makes other changes that operate to unions’ advantage. Reversing regulations issued by the Board during the Trump Administration, the new rule marks a return to the “Quickie Election” or “Ambush Election” Rule issued by the Board during the Obama administration almost in its entirety. AGC took several steps to stop the Obama-era rule – including regulatory comments, Congressional lobbying, and even litigation – but the rule survived all substantive challenges. While the Board’s new rule could be vulnerable on procedural grounds (given the agency’s failure to provide the public with advance notice and an opportunity to comment before making the rule final), its similarity to the Obama-era rule means it, too, would likely survive substantive challenge. The rule is set to take effect on Dec. 26.
AGC and the AGC Building Division call for volunteers is now open. This is your opportunity to get more involved and share your expertise with construction industry professionals from across the country. AGC’s volunteers are valued members who work to address industry issues, exchange ideas, and lead change to advance the industry. Within the Building Division, construction professionals like yourself can find many opportunities that closely associate with your roles or professional development aspirations. Complete or update the volunteer tab in your member profile by October 1 to indicate your committee interests under the “Please check the AGC Committee(s) you are interested in volunteering with” field.
AGC to Provide Educational Webinars on September 26 & October 3
The U.S. Department of Labor (DOL) recently announced a massive final rule Updating the Davis-Bacon and Related Acts Regulations. The expected effective date is October 23, 2023.
The Office of Federal Contract Compliance Programs (OFCCP) has updated its substance use disorder webpage. AGC members that work on construction projects under contracts with the federal government – which are typically covered by Section 503 of the Rehabilitation Act of 1973 – might find the information and resources there particularly useful. Other contractors might also find some of the resources helpful for compliance with the Americans with Disabilities Act.
The U.S. Department of Labor (DOL) recently announced a final rule on Updating the Davis-Bacon and Related Acts Regulations, which will go into effect on Oct. 23, 2023. To help members prepare for the changes, AGC has partnered with DOL officials to provide a special virtual briefing about the impact of the regulatory changes on September 6, 2023, at 2:00 p.m. EDT.