loader
Page is loading...
Construction- Sunrise_detail

NLRB Signals We May Not Get Clarity On Construction Industry CBAs Just Yet


On Sept. 11, the National Labor Relations Board (NLRB) invited the public to file briefs on legal issues pertaining to construction industry labor agreements. Most private sector collective bargaining agreements are governed by Section 9(a) of the National Labor Relations Act, which generally requires that a majority of the employees in the bargaining unit support having a union represent them. In the construction industry, though, labor agreements are presumed to be covered by Section 8(f) of the act, which does not require a showing of majority support. The board specifically was seeking input as to whether language alone in a collective bargaining agreement could convert a construction contract into a 9(a) agreement.

On Oct. 15, however, the NLRB issued a notice stating it was suspending briefing on the issue in light of the union’s withdrawal of the underlying allegations. The press release specifically states:

“On September 11, 2018, the Board issued a Notice and Invitation to File Briefs in Loshaw Thermal Technology, LLC, 05-CA-158650, regarding whether Section 9(a) bargaining relationships in the construction industry may be established by contract language alone.  The due date for the receipt in Washington, D.C. of briefs pursuant to the Board’s Notice and Invitation was October 26, 2018.  On October 5, 2018, the Charging Party Union filed with the Board a request to withdraw the underlying charge in this matter. In view of the Charging Party Union’s request to withdraw the charge, the Notice and Invitation to File Briefs in this case is suspended, pending the Board’s action on the withdrawal request.

Accordingly, no additional briefs should be filed in this case until further notice.” Accordingly, we may be waiting until a future case to have more clarity surrounding gray areas related to Section 8(f) agreements. Stay tuned.


RELATED ARTICLES

Catch-22? Company’s Scrutiny of Immigration Documents Deemed Unlawful

May 27, 2020 | Labor Relations, National Labor Relations Board, Union Organizing

NLRB Nixes Telephonic Pre-Election Hearing, Orders Remote Video Hearing Instead

May 15, 2020 | Labor Relations, National Labor Relations Board

Union Elections and Employer Considerations During Social Distancing

April 21, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership, Union Organizing

How to Respond to Union Information Requests Regarding COVID-19

April 9, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Back To Normal? Labor Board To Restart Union Elections

April 2, 2020 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
Construction industry
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.