As it considers an appeal in a collective bargaining case, the National Labor Relations Board (NLRB) has issued a Notice and Invitation to File Briefs regarding whether it should revisit and/or overturn existing construction industry precedents, according to www.constructiondive.com.
The issue involves what is required of a union to prove a pre-hire relationship with a contractor has been transformed into a full relationship. A construction company can withdraw from a pre-hire relationship once a labor contract expires but needs majority employee support to withdraw once it has been converted to an agreement under Section 9(a) of the National Labor Relations Act. A union can achieve 9(a) status by proving it obtained recognition from the employer and proving or offering to prove it has the support of the majority of employees (Staunton Fuel & Material Inc.).
In the case currently being reviewed, Loshaw Thermal Technology is asking the NLRB to require that unions show "they have majority employee support before being granted 9(a) status." The company also is asking the board to overturn another precedent (Casale Industries Inc.) that limits to six months the time companies can challenge a 9(a) status determination. Briefs will be accepted until Oct. 26.
