Human Resource & Labor News
www.agc.orgSept. 26, 2013 | Issue No. 5-13
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On the Inside
Government Contracting
AGC to Hold Webinar on OFCCPís New Veteran & Disabilities Rules Nov. 7
OFCCPís New Affirmative Action Rules Effective March 24, 2014
Appeals Court Reinstitutes Michigan Law Banning Government-Mandated PLAs
AGC Requests Further Clarification of Guidance on Application of Davis-Bacon to Survey Crews
Labor Relations
Union Rights to Access Jobsites Addressed in AGCís First Open Shop Web Meeting
Collective Bargaining So Far This Year Yields Average First-Year Increase of 2.2 Percent
Union Contractorsí Next Conference Call Will Take Place Oct. 28 and Feature Info on Health Care Reform
NLRB Returns to Full Slate of Confirmed Members
Employee Benefits
October 1 Date for Affordable Care Act Notice Looms Despite Employer Mandate Delay
Labor Department Issues Guidance on Same-Sex Marriages and Employee Benefit Plans
E-Verify Issues New Further Action Notice
HR Education
Why Should You Attend AGCís 2013 Construction HR and Training Professionals Conference?
NLRB Returns to Full Slate of Confirmed Members

As expected, the Senate confirmed four new appointees to be members of the National Labor Relations Board (“NLRB” or “Board”) on July 30 and reconfirmed the current chairman for a new term.  This brings the Board to a full complement of confirmed members for the first time in a decade.  The Board had been operating with only one confirmed member (Chairman Mark Pearce) and two arguably invalid recess appointees – all three Democrats – since December.

The new members include two Democrats and two Republicans.  The Democrats are Nancy Schiffer, recently retired associate general counsel of the AFL-CIO, and Kent Hirowaza, chief counsel to NLRB Chairman Mark Pearce.  The Republicans are Philip Miscimarra and Harry Johnson, III, both management-side labor lawyers with large law firms.  Along with Pearce, a Democrat, this gives the President’s party a three-to-two majority, as is traditional with a full Board.

Accordingly, and as reported earlier, the new Board is likely to continue the pattern of issuing decisions favoring organized labor and curtailing management rights that has developed throughout the Obama Administration.  With two Republicans in place for the first time in a year, though, we are likely to again see dissenting opinions that are useful in court challenges to Board decisions.  The new Board will also have the opportunity to advance its stalled “quickie election rule,” a regulation that would expedite the election process in union representation cases.

AGC will continue to keep members apprised of significant developments relevant to construction-industry employers.
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