On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, the Board held that a property owner not involved in an underlying labor dispute may prohibit leafletting and similar protected activity by off-duty employees of a licensee or contractor performing work on the property owner鈥檚 premises. Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to engage in concerted activities (i.e., to act together) for mutual aid or protection.
The Trump administration has finalized the first steps in 蜜桔直播 supported changes to streamline and modernize the implementation of the Endangered Species Act, which can be unpredictable and add delay and cost to the permitting and construction of infrastructure projects.
In mid-August, 蜜桔直播 prepared written recommendations for the U.S. Army Corps of Engineers as the agency works to review and revise the decade-old Compensatory Mitigation Rule, which addresses mitigation requirements for Clean Water Act (CWA) permits. 蜜桔直播鈥檚 recommendations focus on how the Corps could reduce mitigation uncertainty and inconsistency in the process, increase mitigation banking capacity, and help alleviate some of the delays on projects related to the CWA permit approvals. 蜜桔直播 also encourages the Corps to provide for alternative, programmatic, and multipurpose options for mitigation.
On August 26, 蜜桔直播 of America submitted comments on the U.S. Department of Labor鈥檚 proposed rule to establish a new system for government approval of apprenticeship programs that would operate in parallel with the existing registered apprenticeship system. The new system would provide for recognition of 鈥淚ndustry-Recognized Apprenticeship Programs鈥 through an expedited and streamlined process. The proposed rule states that the construction industry would not 鈥渋nitially鈥 be eligible to participate in the new system.
On August 23, the U.S. Department of Transportation issued a notice seeking public comment on two 鈥渋nterim鈥 policies: one to limit environmental impact statements to a maximum of 150 pages 鈥 with a recommendation that they 鈥渘ot exceed鈥 75 pages 鈥 and the other to coordinate those federal reviews under the 鈥淥ne Federal Decision鈥 executive order with a goal of completing them within two years. Both directives are intended to speed up the environmental review process for transportation projects.
On 蜜桔直播鈥檚 latest podcast episode, we speak with two industry experts on how construction firms can best prepare for and handle the aftermath of a crisis. We discuss the logistical implications of crisis preparedness as well the imperative to address the psychological and emotional repercussions of job site accidents. Additional resources and customizable tools 鈥 developed by our guest speakers Tyler Henson with J.E. Dunn Construction and Patricia Kagerer with Gallagher 鈥 are available on 蜜桔直播鈥檚 website here.
蜜桔直播 of America鈥檚 Union Contractors Committee will hold its next conference call on September 10 at 2:00 p.m. Eastern time.
The National Labor Relations Board has issued a proposed rule addressing union recognition in the construction industry. 蜜桔直播 plans to submit comments prior to the October 11, 2019, deadline.
Forty-two states added construction jobs between June 2018 and June 2019, while construction employment increased in 30 states from May to June, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials said the new construction employment data demonstrates the need for new federal investments in career and technical education programs, along with immigration reform.
On July 15, the U.S. Equal Employment Opportunity Commission (EEOC) officially opened the Web-based portal for the reinstated EEO-1 collection of pay and hours worked data for calendar years 2017 and 2018. The EEOC also provided a series of Frequently Asked Questions (鈥淔AQs鈥) regarding the new requirements and a More Info Page to assist filers. The More Info page provides additional resources such as a sample form, an instruction booklet, a user鈥檚 guide, a fact sheet, and reference documents.