COVID-19 (or coronavirus) presents a formidable health and safety challenge to employers, and unionized employers also must address issues in the context of their obligations under the National Labor Relations Act (NLRA) and a collective bargaining agreement. The broad range of issues includes both mandatory subjects of bargaining and business decisions that impact the employees of the bargaining unit. Such issues include health and safety concerns, attendance and staffing issues, wage and hour issues, leave issues, changes in work schedules, layoffs, and temporary reductions in hours or closure of the business to reduce infection rates. Missteps in effectuating these major changes can lead to violations of the NLRA and an increase in the incidence of workers refusing to work. Employers’ ability to navigate these issues successfully requires an understanding of their rights under both the collective bargaining agreement and federal law in this novel situation. Here are some key considerations and proactive measures employers can take to facilitate timely and decisive employment actions.
The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, and the President of North America’s Building Trades Unions, Sean McGarvey, issued the following joint statement urging Government Officials to Exempt Construction Work from Regional, State and Local Work Shutdowns:
Coronavirus-caused Slowdown Contrasts with January Figures Showing a Majority of Metro Areas Added Construction Jobs; Officials Note New Infrastructure Funding and Paid Family Leave Fixes are Needed
On March 18, AGC joined a host of other business groups in calling on Congress to enact a number of tax-related measures to safeguard companies, regardless of size, during the COVID-19 outbreak. This includes policies such as immediately providing accessible, unsecured credit to businesses, suspend the filing of business returns and the payment of all business taxes, and amending the Tax Code to, among other items, restore the ability of businesses to carryback any net operating losses against previous year tax payments. AGC believes these measures will help to minimize the number of businesses closed and workers unemployed during this time and ensure that all businesses have the resources necessary to ride out the pandemic.
Construction Firms Are Already Taking Steps to Protect Employees, Most of Whom Already Wear Protective Equipment, While Halting Work Will Undermine Efforts to Add Hospital Capacity
Texas and Utah Have Biggest Number and Percent of Annual Job Gains, While Louisiana and West Virginia Lag; New York and New Hampshire Have Largest Monthly Gains, Washington Has Biggest Decreases
For the second year in a row, AGC of America’s Business Development Forum, partnered with The Society for Marketing Professional Services (SMPS), to offer free one-on-one BD “Check-Ups” for AGC Convention attendees to review and offer guidance on their BD and marketing related efforts. Subject matter experts from across the nation were paired with attendees to answer questions and challenges relating to BD planning, sales, proposals, client presentations, branding, brochures, websites, social media, and more.
At the AGC Annual Convention in Las Vegas, Nevada, the Building Division by acclimation elected Robert (Bob) Majerus as Chairman for 2020-2021. Bob is a graduate of Georgetown University with a Bachelor of Arts Degree and has a Law Degree from the University of Notre Dame. He joined Hensel Phelps in 2006 and serves as Vice President and General Counsel, Bob has overall responsibility for contractual and legal matters for the Greeley, Colorado-based organization. Prior to joining Hensel Phelps, Bob was a trial attorney for a private law firm. He began his career with Hensel Phelps as Associate General Counsel before being appointed Vice President and General Counsel.
As of March 5, a majority of federal agencies, including the Department of Labor (DOL) and Environmental Protection Agency (EPA), have launched guidance portals in accordance with a pair of executive orders (EO 13891 and EO 13892). These measures, signed by President Trump in October 2019, intend to reduce the impact of agency guidance the White House believes has become a back-door means of regulation. The orders target significant guidance that could have the potential to impact the economy, the environment, public health, or state, local, or tribal communities.
Grant Program Provides More Than 300 Women with Harnesses that are Better Designed to Fit & Recruit More Women into Industry