Construction Industry Labor and Employment Law

Chapter 1 Unique Employment and Legal Features of the Construction Industry

Chapter 2 Wage and Hour Issues

Chapter 3 The Davis-Bacon and Related Acts

Chapter 4 Project Labor Agreements

Chapter 5 Equal Employment Opportunity: Generally Applicable Laws

Chapter 6 Equal Employment Opportunity Laws Applicable to Government Contractors, Subcontractors, and Federally Assisted Contracts

Chapter 7 Special Equal Opportunity Issues Associated with Hiring Halls and Apprenticeship Programs

Chapter 8 Safety and the Occupational Safety and Health Act

Chapter 9 Workers’ Compensation Issues

Chapter 10 Statutory Background of Special National Labor Relations Act Rules

Chapter 11 Common-Situs Picketing

Chapter 12 Union Organizing

Chapter 13 Bargaining Unit Determinations and Voter Eligibility Rules

Chapter 14 Collective Bargaining

Chapter 15 Grievance Handling in the Construction Industry and Grievance Arbitration

Chapter 16 Union Economic Weapons and Their Limitations

Chapter 17 Employer Responses to Union Job Actions, Particularly Common-Situs Picketing and Other Demonstrations

Chapter 18 Dual Shop Operations

Chapter 19 Special Issues in Construction Associated with Union Job Stewards and Company Foremen

Chapter 20 Union Hiring Hall and Job Referral Procedures

Chapter 21 Apprenticeship Programs

Chapter 22 Job Targeting

Chapter 23 Construction Labor Relations and the Antitrust Laws

Chapter 24 Union Trust Fund Benefit Plans

Chapter 25 Multiemployer Pension Withdrawal Liability

APPENDIX 1 SEPARATE GATE SIGNS—LANGUAGE FOR COMMON CONSTRUCTION SITES (MANAGEMENT PERSPECTIVE)

APPENDIX 2 SAMPLE LETTER TO UNION REGARDING NOTIFICATION OF SEPARATE GATES AND/OR SEPARATE HOURS (MANAGEMENT PERSPECTIVE)

APPENDIX 3 SAMPLE UNION WARNING LETTER, PICKETING INSTRUCTIONS, HANDBILL, AND BANNER (UNION PERSPECTIVE)

APPENDIX 4 SAMPLE ADOPTION AGREEMENT OF MULTIEMPLOYER CONTRACT (NEUTRAL PERSPECTIVE)

APPENDIX 5 SAMPLE ME-TOO SHORT FORM ADOPTION AGREEMENT WITH CHANGES TO UNION ASSOCIATION AGREEMENT (NEUTRAL PERSPECTIVE)

APPENDIX 6 SAMPLE SECTION 9(a) UNION RECOGNITION CONTRACT TERMS (NEUTRAL PERSPECTIVE)

APPENDIX 7 SAMPLE SECTION 8(f) UNION RECOGNITION CONTRACT TERMS (NEUTRAL PERSPECTIVE)

APPENDIX 8 SAMPLE POLICY TOWARD STRIKER REPLACEMENTS (MANAGEMENT PERSPECTIVE)

APPENDIX 9 SAMPLE UNFAIR LABOR PRACTICE CHARGES AGAINST UNION FOR SECONDARY BOYCOTT ACTIVITIES AND/OR JURISDICTIONAL DISPUTE (MANAGEMENT PERSPECTIVE)

APPENDIX 10 SAMPLE SECTION 303 SECONDARY BOYCOTT LAWSUIT AGAINST UNION (MANAGEMENT PERSPECTIVE)

APPENDIX 11 SAMPLE STATE COURT INJUNCTION ACTION (MANAGEMENT PERSPECTIVE)

APPENDIX 12 SAMPLE UNFAIR LABOR PRACTICE CHARGES AGAINST UNION FOR STRIKE MISCONDUCT ACTIVITIES (MANAGEMENT PERSPECTIVE)

APPENDIX 13 LIST OF QUESTIONS REGARDING UNION DEMONSTRATIONS (NEUTRAL PERSPECTIVE)

APPENDIX 14 BRIEF EXPLANATION OF DIFFERENCES: PICKETING, HANDBILLING, BANNERING, ETC. (NEUTRAL PERSPECTIVE)

APPENDIX 15 SAMPLE LETTER TO UNION DEALING WITH CONTRACTORS THAT MEET AREA STANDARDS (MANAGEMENT PERSPECTIVE)

APPENDIX 16 SAMPLE LEGALLY AGGRESSIVE LETTER TO UNION REGARDING UNION DEMONSTRATIONS (MANAGEMENT PERSPECTIVE)

APPENDIX 17 SAMPLE LETTER TO THIRD PARTIES ADVERSELY AFFECTED BY UNION DEMONSTRATIONS (MANAGEMENT PERSPECTIVE)

APPENDIX 18 WHAT UNIONS GENERALLY CAN DO AND CANNOT DO IN AN AREA STANDARDS CAMPAIGN (NEUTRAL PERSPECTIVE)

APPENDIX 19 SAMPLE PROPERTY RIGHTS AGREEMENT (MANAGEMENT PERSPECTIVE)

APPENDIX 20 OUTLINE OF STRATEGY FOR EMPLOYERS TO CONSIDER IN RESPONSE TO UNION DEMONSTRATIONS (MANAGEMENT PERSPECTIVE)

APPENDIX 21 SAMPLE UNFAIR LABOR PRACTICE CHARGES AGAINST EMPLOYER FOR DUAL SHOP ALLEGED TO BE SINGLE EMPLOYER OR ALTER EGO (UNION PERSPECTIVE)

APPENDIX 22 UNION REQUESTS FOR INFORMATION TO UNIONIZED EMPLOYER AS TO RELATIONSHIP TO OPEN SHOP (UNION PERSPECTIVE)

APPENDIX 23 ADMINISTRATIVE SERVICE AGREEMENT BETWEEN NON-UNION PARENT COMPANY AND DUAL SHOP SUBSIDIARIES (MANAGEMENT PERSPECTIVE)

APPENDIX 24 SAMPLE LETTER OF ASSENT TO PROJECT LABOR AGREEMENT (NEUTRAL PERSPECTIVE)

APPENDIX 25 SAMPLE PROJECT-ONLY AGREEMENT WITH CHANGES TO MULTIEMPLOYER CONTRACT (MANAGEMENT PERSPECTIVE)

APPENDIX 26 SAMPLE MULTIEMPLOYER AGREEMENT AS TO UNION RECOGNITION (NEUTRAL PERSPECTIVE)

APPENDIX 27 ADDITIONAL PROTECTIVE LANGUAGE FOR EMPLOYER TO CONSIDER ADDING TO BARGAINING AGREEMENT (MANAGEMENT PERSPECTIVE)

APPENDIX 28 SAMPLE UNION REMITTANCE REPORT (SOMETIMES HELD TO BIND EMPLOYER TO UNION AGREEMENT) (UNION PERSPECTIVE)

APPENDIX 29 EMPLOYER RESPONSES TO SALTING (MANAGEMENT PERSPECTIVE)

APPENDIX 30 AGREEMENT FOR FLUCTUATING WORKWEEK SALARY BASIS (MANAGEMENT PERSPECTIVE)

APPENDIX 31 ACORD CERTIFICATE OF LIABILITY INSURANCE INCLUDING WORKERS’ COMPENSATION (NEUTRAL PERSPECTIVE)

APPENDIX 32 CONTRACTOR MINIMUM WAGE

APPENDIX 33 U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION FLSA POSTER

APPENDIX 34 U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION DAVIS-BACON ACT POSTER

APPENDIX 35 OFCCP: STEPS TO ACHIEVE UTILIZATION GOALS

APPENDIX 36

APPENDIX B TO PART 60-300—SAMPLE INVITATION TO SELF-IDENTIFY

APPENDIX 37 EQUAL OPPORTUNITY FOR VEVRAA-PROTECTED VETERANS

APPENDIX 38 SEXUAL DISCRIMINATION GUIDELINES (FINAL RULE)—BEST PRACTICES FOR CONTRACTORS [NEW

APPENDIX]

APPENDIX 39 U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION, WORKER RIGHTS UNDER EXECUTIVE ORDER 13,706 POSTER: PAID SICK LEAVE FOR FEDERAL CONTRACTORS

APPENDIX 40 NEW RELEASE, OFFICE OF PUBLIC AFFAIRS, NLRB (NOVEMBER 17, 2010) (10-2800)