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The National Labor Relations Board has yet again changed its position on the question of whether an employer may unilaterally cease union dues checkoff after collective bargaining agreement (“CBA”) expiration without first bargaining to impasse. In its latest decision in the Valley Hospital case, the Board answered the question with a resounding “no.” The decision reversed a 2019 decision in the same case by a Trump Board, which overturned a 2015 decision in the Lincoln Lutheran case by an Obama Board, which itself overturned precedent established in the 1962 Bethlehem Steel case.

On October 3, the U.S. Supreme Court granted a petition for review supported by �۽�ֱ�� in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174. Ready-mix concrete supplier Glacier Northwest had asked the Court to review a Washington Supreme Court decision holding that National Labor Relations Act preemption prevents the company from suing a union under state tort law for intentionally destroying company property in the course of a labor dispute. As previously reported, �۽�ֱ�� and five other employer groups jointly submitted an amicus brief supporting the petition in June. Oral argument has not yet been scheduled.

In its latest Settlements Report, the �۽�ֱ��-supported Construction Labor Research Council (CLRC) advises that construction-industry collective bargaining agreements settled from January through September of 2022 provide an average increase in wages and benefits of 3.8 percent in the first contract year. First-year increases negotiated during the period grew by 1.0 percent since 2020, which CLRC notes is a steep rate of growth. The last time first-year increases grew by 1.0 percent, it took seven years – from 2012 to 2019 – CLRC reports. Measured by dollar amount rather than percentage, CLRC found that the average first-year increase negotiated year-to-date was $2.33 – a $0.53 jump from 2021 and $0.70 from 2020.

The Pension Benefit Guaranty Corporation (PBGC) has proposed a regulation regarding interest rate assumptions in determining a withdrawing employer’s liability to a multiemployer plan, which could have significant implications for the unionized construction industry.

Effective November 1, 2022

The U.S. Department of Labor has put forth a new test for determining whether someone is an employee or independent contractor under the Fair Labor Standards Act that could tilt the balance in that determination towards employee status.

Grappling with the maze of marijuana laws and your company policy? On this episode, Bill Judge of Drug Screening Compliance Institute talks about considerations for employers to create and enforce drug-testing policies that are consistent with the laws in all of the states in which they operate – as well as best practices for addressing safety-sensitive roles.

The Office of Federal Contract Compliance Programs (OFCCP) has granted an extension for federal contractors to object to the release of their EEO-1 data. The new deadline is October 19, 2022. With the deadline still looming, Alissa Horvitz of the law firm Roffman Horvitz provided �۽�ֱ�� of America a guide for contractors covered by this FOIA request to follow as they consider their options and potentially object to their particular company’s EEO-1 release. Objection guide can be found here.

�۽�ֱ��'s Construction HR & Training Professionals Conference is right around the corner! Register by September 23rd to lock in the lowest rate for your HRTED '22 experience. Book your room today to secure your discounted �۽�ֱ�� group rate of $245 per night.

The Associated General Contractors of America is launching a new effort to combat high suicide rates and improve mental health among the industry’s workers, the trade group announced today. The new effort, which the association is launching as part of its support for suicide prevention month, is designed to address the high rate of suicide among construction workers.