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

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

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

The National Labor Relations Board (“NLRB”) has issued a final rule changing the standard for when one company may be deemed a joint employer of another company’s employees. Like the proposed rule, the final rule establishes that a company is a joint employer if it actually exercises substantial direct and immediate control over essential terms and conditions of employment. However, consistent with AGC of America’s comments to the proposed rule, the final rule adds clarification as to what constitutes “substantial direct and immediate control,” “essential terms and conditions of employment,” and other key terms.

AGC’s 2020 Construction HR & Training Professionals Conference and pre-conference Federal Construction HR Workshop will be held on October 7-9, 2020, at the Hyatt Regency St. Louis at the Arch in St. Louis, MO. The conference will offer unique opportunities for HR, training, and workforce development professionals in the construction industry. For training professionals, the conference will offer sessions related to the most cutting-edge techniques currently in the industry and envisioned for the future in training, education and workforce development. For HR professionals, the conference will help attendees stay up to date and compliant with employment laws and best practices. Some sessions will be of interest to both HR and training professionals alike.

There’s still a short time left to register for AGC of America’s upcoming Collective Bargaining Seminar. The half-day seminar will take place in the morning of March 9 at the Bellagio Hotel in Las Vegas, NV. The seminar is part of AGC’s Annual Convention, but AGC members and chapter staff not attending the convention may also attend.