Author: agcnews
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. In Lincoln Lutheran, the Board held that dues checkoff is subject to the…
Thirty-two states added construction jobs between August and September and 47 states boosted construction employment during the past 12 months, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said the job gains were welcome news but that significant labor shortages in the industry likely held back even larger employment gains. “While it is encouraging to see construction employment expanding in a majority of states, it is tempting to imagine how much higher those gains would have been if contractors could find enough workers to hire” said Stephen E. Sandherr, the…
On October 13, AGC formally weighed in against a Federal Highway Administration’s (FHWA) one-size-fits-all proposed rule that would have the effect of delaying or halting certain road and bridge projects – including the construction of new roads and highways – forcing them to instead focus on reducing greenhouse gas emissions. AGC previously reported that the agency’s proposed greenhouse gas performance measure would require states and metropolitan planning organizations to curb greenhouse gas (GHG) emissions. Such a requirement would likely restrict the ability of and flexibilities for states and localities to build new roads and highways their constituents want. AGC submitted comments to FHWA expressing…
On October 3, the U.S. Supreme Court granted a petition for review supported by AGC 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, AGC 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 AGC-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…
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. On October 13, the Pension Benefit Guaranty Corporation (PBGC) proposed a regulation regarding interest rate assumptions in determining a withdrawing employer’s liability to a multiemployer plan. Multiemployer pension plans are common in the unionized construction industry and withdrawal liability is an employer’s share of the unfunded liabilities of a plan if an employer exits the plan. The liability can often serve as a deterrent to a contractor choosing…
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. On October 11, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a proposed rule to establish a new test for determining who is an independent contractor versus an employee under the Federal Labor Standards Act (FLSA). If and when the proposal is finalized, it would rescind a Trump administration final rule clarifying the standard for employee versus independent contractor status under the…
In this compelling video addressing the generational gap in construction, industry veterans and newcomers alike share their perspectives on the evolving workplace culture. Ray Riojas, Civil Area Manager, reflects on the shift from the “old school thinking” of prioritizing work above all to a more balanced approach that includes remote work and flexible policies. James Kelly, Site Superintendent, emphasizes the importance of mentoring young engineers, guiding them with practical experience while fostering their skills. Amani, a quality engineer, highlights the need for inclusivity and collaboration, stressing that the younger generation seeks to advance collectively rather than individually. The video also…
The price of materials and services used in nonresidential construction jumped 12.6 percent in September from a year earlier despite a dip of 0.2 percent last month, according to an analysis by the Associated General Contractors of America of government data released today. Association officials note that the construction industry was suffering the most from inflation, adding that new Buy America rules set to go into effect as soon as next month will only make the situation more dire. “Today’s price report shows that costs for construction continue to outpace those of other industries,” said Ken Simonson, the association’s chief economist. “Furthermore,…
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I‑9, Employment Eligibility Verification, due to COVID‑19. This temporary guidance was set to expire October 31, 2022. Because of ongoing precautions related to COVID‑19, DHS has extended the Form I-9 flexibilities until July 31, 2023. See the original ICE news release from March 20, 2020, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I‑9. Please also consult ICE’s…