AGC Preparing Lawsuit to Further Bolster Mandate Challenges
All 34 lawsuits—including AGC’s, supported by the Construction Advocacy Fund—challenging OSHA’s Emergency Temporary Standard (ETS) on COVID-19 are now consolidated in the U.S. Court of Appeals for the Sixth Circuit. The federal government has filed a motion in that court to dissolve the current stay of any enforcement of that standard, including its vaccination/testing mandate, and on December 10, the parties will complete their briefing of that motion. Since November 6, that stay has precluded OSHA from implementing or enforcing the ETS, including requirements that OSHA had scheduled to take effect on December 6. AGC of America expects the court to grant or deny the government’s motion within a matter of days. While significant, the court’s decision will not end the litigation. Its decision on the stay will not be a final decision on the merits of the ETS. That will come later.
Covered Contractors Must Use to Certify Annually and Submit During Evaluations
Provides Additional Information on Religious Objections to Workplace Vaccine Requirements
On November 15, AGC, along with industry allies, filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit challenging the recent OSHA COVID-19 emergency temporary standard (ETS). The suit highlights the many efforts the construction industry has collectively engaged in to combat COVID-19, including funding public service announcements and other proactive measures to encourage contractors to protect their workers throughout the pandemic. It also makes clear that the challenge is not in opposition to the ETS’s objective to get more people vaccinated, but the negative economic impact such a mandate will have on the construction industry and the fact that it exceeds the statutory authority of the U.S. Department of Labor. In all, there were 34 cases filed in 12 different circuits. On November 16, the U.S. Court of Appeals for the Sixth Circuit was randomly selected to consolidate all the cases.
On Nov. 10, the general counsel’s office of the National Labor Relations Board issued a memo expressing the position that employers have both decisional and effects bargaining obligations in relation to implementation of OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”). Although the ETS is currently on hold, the memo is valuable for what it reveals about the office’s views on employers’ duty to bargain over government mandates generally.
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., Open Shop contractors anticipate skilled craft hourly wage increases of 3.01% in 2021 (3.21% excluding zeros). Actual increases for 2020 were 2.88% (including zeros) and 3.41% (excluding zeros). These increases are across the board for all craft, contractor types, sizes, and regions of the country. WorldatWork reports 2021 actual construction increases at 3.4% for Non-exempt Hourly Non-union positions. Historically, projected numbers are slightly lower than the actual year end figure.
Provides Additional Information on Religious Objections to Workplace Vaccine Requirements
AGC of America’s Union Contractors Committee will hold its next quarterly virtual meeting on Dec. 14, 2021, at 3:00 p.m. EASTERN Standard Time. All interested AGC members and chapter staff are invited. The meeting is not open to nonmembers. The agenda will include updates from AGC staff and an open discussion of labor relations developments around the country.