The National Labor Relations Board (NLRB or Board) has relaxed the standard for determining the appropriateness of bargaining units in the context of labor staffing firms – again. In its July 11 Miller & Anderson decision, the Board held that a union may seek to represent a unit of workers that combines employees who are jointly employed by the “supplier” employer (the staffing company) and the “user” employer with employees who are solely employed by the user employer, provided that the workers share a “community of interest.” The ruling removes a condition that the joint employers consent to such a combined unit that has been in place since 2004. By removing the condition, the Board has reinstated a prior standard in place between 2000 and 2004. It has also made union organizing of supplied workers easier, particularly as the decision comes in the wake of last year’s Browning-Ferris Industries case, which relaxed the standard for determining joint employer status. AGC, through its membership in the Coalition for a Democratic Workplace, filed an amicus brief asking the Board to retain the employer consent condition.

Complimentary AGC WebED Sept. 7

The National Labor Relations Board (NLRB or Board) approved a union’s petition for a single representation election covering all of the contractors in a multiemployer group because the contractors indicated their “unequivocal intent” to be bound by group bargaining. The case, Building Contractors Association, involves interesting issues about conversion from 8(f) to 9(a) relationships in the construction industry.[1]

Labor Shortages are Prompting Firms to Increase Pay and Become More Efficient but Threaten to Slow Economic Growth over the Long-Term Officials Warn as they Call for New Workforce Measures

Each October, construction industry professionals in HR, training and workforce development gear up for the industry’s premier learning and networking event, AGC’s Construction HR & Training Professionals Conference, and this year is no different. The 2016 event will be held Oct. 5-7 at the Hyatt Regency Chicago in Chicago, Illinois. For more information or to register visit www.agc.org/HR_TED.

With little notice, the U.S. Department of Labor (DOL) revised two federal employment law posters – the Federal Minimum Wage poster and the Employee Polygraph Protection Act poster. As a result, employers must immediately ensure that the new posters are properly displayed.

On August 29, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Retaliation and Related Issues. The guidance addresses retaliation under each statute enforced by the EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA). It also specifically addresses the "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.

The National Labor Relations Board (NLRB or Board) has changed the standard – yet again – for determining the appropriateness of bargaining units in the context of labor staffing firms. In Miller & Anderson, the Board held that a union may seek to represent a unit of workers that combines employees who are jointly employed by the “supplier” employer (the staffing company) and the “user” employer with employees who are solely employed by the user employer, provided that the workers share a “community of interest.” The Board’s most recent standard conditioned such a unit on the joint employers’ consent, but the Board has flip-flopped on this standard over the years. The present decision reinstates the standard set forth in the 2000 Sturgis decision, which was reversed in the 2004 Oakwood decision. It arguably makes it easier for unions to organize supplied workers, particularly as it comes in the wake of last year’s Browning-Ferris Industries decision relaxing the standard for determining joint employer status.

On August 15, AGC submitted a second set of comments to the Office of Management and Budget (OMB) opposing the Equal Employment Opportunity Commission’s (EEOC) proposed rule to revise the Employer Information Report (EEO-1). The proposal intends to collect compensation and hours-worked data in addition to already collected race and gender data. AGC submitted comments on the rule, as initially proposed, in April. A final rule is expected in the Fall.

A federal court on June 26 issued a nationwide preliminary injunction preventing the U.S. Department of Labor's (DOL) final "persuader" rule from taking effect as scheduled on July 1. Although the injunction is only temporary, the ruling is a significant victory for employers and for the associations, attorneys, and consultants that advise them.