Human Resource & Labor News
www.agc.orgJanuary 11, 2012 / Issue No. 1-12
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On the Inside
Labor Law
NLRB Further Delays Implementation of Posting Rule
NLRB Issues Final Rule on “Quickie” Elections
NLRB Finds Arbitration Agreement Preventing Class Actions Unlawful
Labor Department Issues FLSA and FMLA Retaliation Guidance
Obama Makes Controversial Recess Appointments to the NLRB
Federal Contracting
OFCCP Proposes Changes to Affirmative Action Obligations Related to Individuals with Disabilities
AGC Opposes OFCCP-Proposed Compensation Data Collection Tool
AGC Webinar Discusses Davis-Bacon Wage Determinations and Enforcement Initiatives
Union Contracting
2011 Collective Bargaining Settlements Continue Downward Trend
Changes to National Maintenance Agreement Now in Effect
Hiring & Firing
New Law Offers Tax Credits for Hiring Unemployed Veterans
Changes to National Maintenance Agreement Now in Effect

On Jan. 1, 2012, a revised version of the National Maintenance Agreements (NMA) went into effect.  Established around 1971, the NMA is a national project labor agreement primarily used in industrial maintenance and renovation projects, such as in petro-chemical, utility, steel, and automotive plants.

According to the website of the National Maintenance Agreements Policy Committee (NMAPC), a labor-management committee that administers the NMA, significant changes have been made, including:

  • Prior NMAPC approval is no longer required before a contractor or owner may implement a “4-10” work schedule;
  • “Me-too” provisions regarding wages, work hours, holiday, and travel and subsistence payments have been eliminated;
  • The manner by which second-shift and third-shift workers is paid has been modified;
  • All subcontracting work on an NMA job must now be performed under the terms of the NMA or an approved, compatible agreement;
  • Employers must now pay industry advancement or promotion funds approved by the NMAPC;
  • The union membership requirement for employees has been reduced to eight days from 30 days;
  • Jurisdictional dispute resolution process language has been changed to mirror the criteria set forth in The Plan for the Settlement of Jurisdictional Disputes;
  • Arbitration costs must now be borne by the losing party or parties; and
  • Failure to hold pre-job conferences may result in a $500 fine.

On the same date, changes to the National Power Generation Maintenance Agreement (NPGMA) also went into effect.

For more information from the NMAPC on the revised NMA and NPGMA, click hereTo download the revised NMA, click here.
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