AGC's Human Resource and Labor News - May 10, 2018 / Issue No. 05-18 (Print All Articles)

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AGC Urges NLRB to Reconsider “Quickie” Election Rule

On April 18, AGC submitted a response to the National Labor Relations Board’s Request for Information regarding representation-case procedures. AGC also signed onto a response submitted by the Coalition for a Democratic Workplace (CDW). Both responses call on the Board to rescind or modify its 2014 rule that changed the procedures for union representation elections. The rule is often called the “quickie” or “ambush” election rule because it expedites the procedures in a way that can disadvantage employers that oppose a union organizing campaign.

On April 18, AGC submitted a response to the National Labor Relations Board’s Request for Information regarding representation-case procedures.  AGC also signed onto a response submitted by the Coalition for a Democratic Workplace (CDW).  Both responses call on the Board to rescind or modify its 2014 rule that changed the procedures for union representation elections.  The rule is often called the “quickie” or “ambush” election rule because it expedites the procedures in a way that can disadvantage employers that oppose a union organizing campaign.

CDW’s response provides in-depth arguments for rescinding or modifying the rule.  It argues that the rule focuses on speed while undermining employers’ rights, straining stakeholder resources, confusing employees, and invading employee privacy.

AGC’s independent response expresses support for CDW’s arguments and provides supplemental points of particular relevance to construction employers.  It reiterates concerns laid out in AGC’s 2014 comments to the proposed rule about how the changes would be particularly burdensome and impracticable in the construction industry given the complexity of determining unit appropriateness and voter eligibility in construction.  The response further conveys information illustrating how those concerns have been validated since the rule has taken effect.

For more information, contact Denise Gold, associate general counsel, at (703) 837-5326 or goldd@agc.org.


Spring 2018 Regulatory Agenda Unveils Priorities of Federal Labor Agencies

On May 9, 2018, the Trump Administration unveiled its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions mapping out federal agency priorities for the coming months. This bi-annual publication informs the public of regulations under consideration or planned by federal agencies. The present agenda includes several submissions by labor agencies.

On May 9, 2018, the Trump Administration unveiled its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions mapping out federal agency priorities for the coming months.  This bi-annual publication informs the public of regulations under consideration or planned by federal agencies. The present agenda includes several submissions by labor agencies.

The U.S. Department of Labor’s submission updates projected timelines for action already in progress and adds several new actions of relevance to construction contractors, such as a:

  • proposed rule revising the overtime regulations;
  • proposed rule to update the child labor protections to allow teenagers to work longer hours in hazardous conditions;
  • proposed rule to revise the law governing time-and-a-half overtime calculations by redefining the regular rate of pay;
  • final rule establishing criteria for the sponsorship of association health plans; and a
  • final rule to rescind the “persuader rule.”

The Equal Employment Opportunity Commission also revealed plans for several actions.  Most notably are reports of initiatives to revise its regulations governing employer-sponsored wellness programs.

The National Labor Relations Board announced its timeline for considering responses to a recent Request for Information regarding its controversial “quickie election” rule.  In a more surprising announcement, the Board disclosed that it is considering rulemaking to address another controversial matter in which it has been enmeshed for the past few years, the standard for determining joint-employer status.

AGC regularly provides input on regulatory actions through the public comment process and stakeholder meetings with agencies and the administration.  AGC will monitor and consider participation in these actions, and will notify members of significant developments.


OFCCP Releases “Town Hall Action Plan” Addressing Contractor Concerns

Responding to recommendations from a 2016 Government Accountability Office (GAO) report and input gathered from succeeding Compliance Assistance Town Halls and stakeholder meetings, the Office of Federal Contract Compliance Programs (OFCCP) has released its “Town Hall Action Plan” addressing “three general areas of focus: training, communication and trust.” 

Responding to recommendations from a 2016 Government Accountability Office (GAO) report and input gathered from succeeding Compliance Assistance Town Halls and stakeholder meetings, the Office of Federal Contract Compliance Programs (OFCCP) has released its “Town Hall Action Plan” addressing “three general areas of focus:  training, communication and trust.”  Specifically, the Plan focuses on three initiatives that contractors should expect to see in the near future:

  1. Review and Enhance Contractor Compliance Assistance Materials
  2. Assess and Improve the Quality of Contractor and Compliance Officer Training and Education
  3. Increase Transparency and Communication with Contractor Stakeholders

Each of these initiatives will have specific deliverables (a non-exhaustive list of proposed deliverables can be found at the bottom of the Plan) and OFCCP promises to continue addressing GAO recommendations and “build a more collaborative partnership with the contractor community.”  OFCCP also encourages the use of apprenticeship programs by contractors as a way to create a pipeline of diverse and qualified talent.

In 2013, OFCCP updated its regulations on the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973 (Section 503).  The VEVRAA rule prohibits discrimination and requires contractors to take affirmative action in all personnel practices regarding covered veterans.  The Section 503 rule prohibits discrimination and requires contractors to take affirmative action in all personnel practices for qualified individuals with disabilities.

For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.


Register Today for IUOE Training Center Tour

Registration and hotel reservations are open for the June 5 tour of the International Union of Operating Engineers’ brand new International Training & Conference Center in Crosby, TX. 

Registration and hotel reservations are open for the June 5 tour of the International Union of Operating Engineers’ brand new International Training & Conference Center in Crosby, TX. 

AGC has reserved a small block of rooms at the Houston Airport Marriott at Bush Intercontinental Airport for the night of June 4.  Reservations can be made online here or by phone at (800) 228-9290 (ask for the AGC of America room block).  The group rate is $129 plus taxes and fees.  The cut-off date is May 21, but early reservations are strongly recommended.

AGC will host a breakfast at the hotel on June 5.  After breakfast, transportation will be provided to the training center for a 10:00 a.m. tour of the expansive facility followed by lunch and transportation back to the hotel.  There is no fee to attend, but registration is required.

For more info, contact Denise Gold, associate general counsel, at goldd@agc.org or (703) 837-5326.


Annual Construction Labor Law Symposium Helps Labor Lawyers and Managers Keep Up with Latest Developments

The AGC Labor and Employment Law Council (LELC) held its 34th Annual Construction Labor Law Symposium on May 3 and 4 in Washington, DC. Attorneys and labor relations managers from across the country gathered to learn about labor and employment law developments and government initiatives relevant to construction employers.

The AGC Labor and Employment Law Council (LELC) held its 34th Annual Construction Labor Law Symposium on May 3 and 4 in Washington, DC.  Attorneys and labor relations managers from across the country gathered to learn about labor and employment law developments and government initiatives relevant to construction employers.

The program kicked off with a workshop on double-breasting in the construction industry.  LELC members presented information about the formation of double-breasted operations, the legality of anti-dual shop clauses in collective bargaining agreements, benefit fund reactions to double-breasting, and state law developments impacting double-breasting.

The following day featured LELC-member presentations on such topics as union security agreements and right-to-work laws, current issues in project labor agreements, construction law basics for labor lawyers, mandatory arbitration and class-action waivers, and the top wage-and-hour issues facing construction contractors.  Several federal government officials also addressed the group, including White House Labor Advisor James Sherk, National Labor Relations Board Member William Emanuel and Deputy General Counsel John Kyle, and Office of Federal Contract Compliance Programs Director Ondray Harris. 

Handouts are available in the Labor & HR Topical Resources area of AGC’s website.  AGC-member login is required to access the documents.  Once logged in, you can find the program handouts organized by topic category and subcategory.  Click here for specific information on where to find each handout. 

The LELC is a private network of labor and employment lawyers who represent AGC members and chapters.  It conducts the annual symposium and other activities to facilitate the sharing of information and the best possible representation of AGC affiliates.  To ensure that your in-house and outside labor and employment lawyers stay on the cutting edge, make sure that they are LELC members.  For a searchable directory of LELC members, click here.  For information about LELC membership, click here.

For more information, contact Denise Gold, associate general counsel, at goldd@agc.org or (703) 837-5326.



Deputy General Counsel John Kyle


NLRB Member Bill Emanuel


OFCCP Director Ondray Harris and Senior Advisor Craig Leen


White House Labor Policy Advisor James Sherk

 


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