The AGC Labor and Employment Law Council held its 28th Annual Construction Labor Law Symposium April 19-20 in Washington, D.C.  Attorneys and chapter labor relations managers from across the country in record numbers attended to learn about the latest developments in construction labor and employment law.

The National Labor Relations Board’s (NLRB or Board) new rule revising election procedures in union representation cases is invalid, the U.S. District Court for the District of Columbia ruled May 14.  The rule, often called the “quickie election” or “ambush election” rule because it expedites the election process to unions’ advantage, took effect on April 30.  The Board has suspended implementation of the rule and is expected to revert back to procedures in effect before April 30.

A collective bargaining agreement (“CBA”) provision by which a union agrees to indemnify an employer for contingent liability to a multiemployer pension plan does not violate public policy and is enforceable, the U.S. Court of Appeals for the Sixth Circuit (KY, MI, OH, TN) has held.  The issue was one of first impression for the court and apparently has been addressed by only one other federal circuit court to date, the Third Circuit (DE, NJ, PA, VI), which issued a similar opinion in 2009.

The Governing Board of Presidents of the AFL-CIO’s Building and Construction Trades Department (BCTD) on April 16 unanimously elected Sean McGarvey to be its president.  

Knowing that the nation’s veterans can serve as a good pool of potential construction craftworkers, but also understanding that making the connections with the nation’s veterans as they leave service can be difficult, AGC of America would like to encourage our chapters and members that have state- or federally-registered apprenticeship programs to connect with Helmets to Hardhats (H2H).

The U.S. Department of Labor has created a special website to help connect the nation’s youth with employers who can offer summer jobs and industry members are being encouraged to provide summer work for low-income youths that either helps them improve their soft skills, such as communication and teamwork; provides insight into the world of work through internships and job shadowing; or provides them a learning opportunity and wages.

A regulation issued by the National Labor Relations Board requiring most private-sector employers to post certain notices informing employees of their rights under the National Labor Relations Act (“NLRA”) will not go into effect as scheduled on April 30.  The U.S. Court of Appeals for the District of Columbia Circuit on April 17 issued an injunction putting the rule on hold until the court has fully considered the merits of a legal challenge brought by the Coalition for a Democratic Workplace (“CDW”), of which AGC is a member, and its co-plaintiffs.  With oral argument not set until September, this means that the regulation will not go into effect – and employers need not comply with it – until fall at the very earliest, if at all.  The rule could become permanently invalidated by the court or rescinded by the Board later. 

OSHA Issues Memo on Employer Safety Incentive and Disincentive Policies and Practices On March 12, 2012, the Occupational Safety and Health Administration (OSHA) issued a memo from Deputy Assistant Secretary Richard Fairfax to OSHA Regional Administrators and Whistleblower Program Managers detailing the agency’s policy regarding safety incentive programs and disincentive policies that can discourage employee reports of injuries which may violate section 11(c), or other whistleblower statutes.

AGC of America has released a white paper discussing the impact federal and nonfederal contractors, as well as other interested parties, can have on the accuracy of Davis-Bacon wage determinations.  The white paper, titled "Impacting Davis-Bacon Wage Determinations:  A Guide for Contributing to the Accuracy of Published Prevailing Wage Rates in Construction", is available for download on the AGC website.

Recent investigations by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) have found that apprenticeship and training funds are being misused for graduation ceremonies and advertising. In order to help clear up confusion, the DOL has issued a field assistance bulletin that gives definitions and examples of allowed and non-allowed expenses, particularly in regards to graduation ceremonies and promotional activities.