Contractors concerned about enhanced opportunities for union organizing under new regulations can take steps now to be prepared, explained attorney Rick Samson of Ogletree Deakins at AGC of America’s Annual Convention in San Juan, PR. Samson spoke at a March 18 session titled “Understanding and Preparing for New Union Representation Procedures” hosted by the Open Shop Committee and Chairman Bob Lanham.
The new regulations expedite the timeframe between the date when a union files a petition for a Board-supervised election to represent a group of employees and the date of the election. They also expand the breadth of information that targeted employers must provide to the union in the shortened timeframe and may defer the resolution of certain disputes until after the election. Samson explained the details of the changes and the impact on both open-shop and union contractors. The rule is scheduled to take effect on April 14, although an AGC-supported lawsuit to block the rule is currently pending.
Rather than waiting for a notice of a union election petition, Samson advised, a concerned contractor can prepare in advance by taking such steps as: identifying possible bargaining units in the workforce; identifying who is a statutory supervisor; preparing draft position statements; compiling data on the union, ensuring that wages and benefits are competitive and that personnel policies are legal and fair; and training managers and supervisors. Working with a labor attorney and/or consultant may be needed, as this is a highly specialized area.
Handouts from the session are posted on the Labor & HR Topical Resources page of AGC’s website at www.agc.org/topicalresources. Select the main category “Unions/NLRA” and the subcategory “Union Organizing Campaigns & Representation Elections.”
On behalf of AGC members who could not attend the session, the Open Shop Committee is planning to cover this topic again during its next quarterly web meeting. The date is not yet set but will be announced soon via the Open Shop Forum and other AGC communications.
For more info, contact Denise Gold, Associate General Counsel, at goldd@agc.org or (703) 837-5326.