Few candidates have the basic skills needed to work in high-paying construction careers, forcing short-staffed contractors to find new way to keep pace with demand and undermining efforts to build infrastructure and other projects, according to the results of the latest workforce survey conducted by the Associated General Contractors of America and Autodesk. The results highlight significant shortcomings in the nation’s approach to preparing workers for careers in construction.
Employers should note two August 26 decisions from the National Labor Relations Board that limit their power to implement changes during first contract negotiations and after a collective bargaining agreement (CBA) has expired. These decisions — Wendt and Tecnocap — overrule a 2017 case that gave employers latitude to make operational changes following the expiration of a CBA. What do employers need to know about these rulings? Here are the answers to your top six questions.
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 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.
In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule, effective August 1, 2023, that allows employers to have an alternative procedure (also referred to as “permanent virtual verification”), whereby qualifying employers may inspect employees’ Form I-9 documentation virtually as opposed to performing a physical verification, which was required for all new hires until the COVID-19 exception was created in March 2020. This innovative approach aims to modernize the process of employment eligibility verification while ensuring compliance with immigration laws.