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Recent Developments from the NLRB and the Impact on Construction

Gain an understanding of the current state of labor law and how to use those insights to develop successful labor strategies.

With the appointment of several new National Labor Relations Board (NLRB) members and a new NLRB General Counsel, labor laws are in flux. This program will provide employers in the construction industry with insights regarding the current state of labor law and how to use those insights to develop successful labor strategies now and in the future. Topics addressed will be focused on construction industry concerns and will include picketing and bannering, enforcing arbitration clauses, the application of the "construction industry exemption" contained in Section 8(f) of the National Labor Relations Act (NLRA), the joint employer doctrine, the single employer doctrine, and drafting enforceable workplace policies.

Runtime: 92 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Picketing and Bannering

  • What Is a Lawful Picket?
  • What Is an Unlawful Picket (Secondary Boycott)?
  • How to Counteract Pickets
    • Reserve Time; Reserve Gate
    • The Need for Clarity
  • How to Prevent Pickets
  • What Is Bannering?
  • How Does Bannering Differ From Picketing?
  • Recent Developments

Arbitration Clauses

  • What Are They and How Do They Work?
  • Arbitration Clauses Do Not Violate the NLRA
  • Past Case Law Compared to Recent Case Law
  • What Does the State of the Law Mean From a Practical Standpoint for the Construction Industry?

Sections 9(a) and 8(f) of the NLRA

  • What Are the Differences Between Employers Under Each Section?
  • The Advantages/Disadvantages of the Construction Exception
  • How to Prevent Becoming a 9(a) Employer in Pressure Situations
  • Recent Developments About This Issue in the NLRB

The Joint Employer Doctrine

  • What Is the Current Standard?
  • How Is It Applicable to the Prime Contractor/Subcontractor Relationship?
  • How Can an Employer Avoid Becoming Regarded as a Joint Employer of Another Entity's Employees?

The Single Employer Doctrine

  • Under What Circumstances Can Two Related Entities Be Treated Like a Single Employer by the NLRB?
  • How Does the NLRB View Double-Breasted Operations, Where a Unionized and Nonunion Entity Are Subject to Common Ownership or Control?
  • What Should Construction Companies Keep in Mind When Establishing, Acquiring, or Maintaining a Double-Breasted Operation?

Workplace Policies

  • Why Is the NLRB Concerned About Employers' Workplace Policies?
  • What Are the Standards Applicable to Workplace Policies, and How Have They Changed in Recent Years?
  • The NLRB General Counsel's Current Stance on Hot Button Issues Involving Workplace Policies on Topics Like Confidentiality, Workplace Recording and Photography, Among Others
  • How to Draft Enforceable Policies
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Webinar

This course was last revised on February 21, 2019.

Call 1-866-352-9540 for further credit information.

  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

John T. Merrell

John T. Merrell

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • Shareholder in Ogletree, Deakins, Nash, Smoak & Stewart, P.C.'s Greenville, South Carolina office
  • Provides advice and counsel on labor relations matters to nonunion and unionized employers alike
  • Advises clients regarding union organizing and labor relations, including in the construction, manufacturing, transportation, and health care industries
  • Handles unfair labor practice hearings before NLRB administrative law judges
  • J.D. degree, cum laude, University of South Carolina School of Law; B.S. degree, cum laude, Clemson University
  • Can be contacted at 864-240-8233 or [email protected]
Ronald J. Passarelli, Esq.

Ronald J. Passarelli, Esq.

Koehler & Passarelli, LLC

  • One of the founding members of Koehler & Passarelli, LLC
  • Represents and counsels employers across the U.S. in employment law matters as well as traditional labor law matters
  • More than 25 years of experience in labor and employment law
  • Extensive experience in advising both private and public sector employers on numerous employment and human resource issues
  • Represented employers in numerous federal and state administrative agencies including the EEOC, the U.S. Department of Labor, the National Labor Relations Board
  • J.D. degree, DePaul University College of Law; B.A. degree, Northern Illinois University; Certified Senior Professional in Human Resources; Senior Certified Professional by Society for Human Resource Management
  • Can be contacted at [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404992
Published 2019
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