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Collective Bargaining Developments in Construction

The relationship between contractors, subcontractors and construction labor unions is a complex one. The heart of the relationship is the collective bargaining agreement and the bargaining process. Too often, contractors feel like passengers on a train that has already left the station, with little formal background in the framework for bargaining, their ability to influence the bargaining agreement, and the options they may have whether an 8f or 9a contractor. This topic will help those involved in bargaining or administering collective bargaining agreements to better understand how these agreements are established, and what kind of obligations as well as flexibility contractors might have in the face of the agreements. It is said that knowledge is power, and having greater power in this bargaining relationship is critical in these days of tight employment, competitive bids, and opportunities for success in an expanding market.
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Agenda

Legal Framework for Unions Under the National Labor Relations Act
  • Rights of Employees
  • Unfair Labor Practices
  • Employer Obligations to Bargain With Majority Representatives
Preparing for Bargaining
  • Impact of Multiemployer Bargaining
  • Determine Whether to Bargain Alone or Represented by Multiemployer Association
  • Analyze Whether Your Bargaining Responsibility Under 8(f), Pre-Hired Agreements, or 9(a) Agreements Where a Majority Status of Employees Demonstrates Support, and Determine Impact of 8(f) Status
  • How to Influence and Participate in Determining Bargaining Goals for Multiemployer Association Bargaining
Duty to Bargain in Good Faith Over Mandatory Subjects of Bargaining
  • Determine If Collective Bargaining Agreement Includes Any Permissive or Illegal Subjects of Bargaining
  • Impact of Right to Work Legislation in State Such as Wisconsin Where Union Security Clauses Are No Longer Legal
Hot-Buttons in Collective Bargaining in Construction Trades
  • Multiemployer Pension Funds Which Carry Extraordinary Withdrawal Liability and Ability to Withdraw From Pension Fund
  • Analyze Union Signatory Subcontracting Clauses
  • Review Strike and Lockout Language Which Allows or Prohibits Sympathy Strikes or Other Job Actions
  • Tiered Pay Rates for Residential and Other Construction Activities in Which Nonunion Companies Have Made Significant End Roads, Such as Dry Walling, Painting and Flooring
  • Cost of Benefits as Part of Compensation Package
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Why Lorman?

Over 32 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

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

MP3 Download

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

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Why Lorman?

Over 32 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

Thomas P. Godar

Thomas P. Godar

Husch Blackwell LLP

  • Lead labor and employment partner in the Madison office of Husch Blackwell LLP
  • Counsel to construction concerns for most of his 30+ years of practice, and has directly participated in bargaining, and often provided advice in the context of authority, responsibility, and restrictions under collective bargaining agreements with construction labor unions
  • Provided a primer to AGC Wisconsin leadership on labor and employment issues, and has written articles touching on issues as diverse as wage and hour class actions, sexual harassment in the Me Too era, and the use of arbitration agreements
  • Member of and on the board of the AGC Wisconsin, as well as the Associate Board of Directors of AGC Wisconsin, and is a member of the Associated General Contractors Labor Council
  • J.D. and B.A. degrees, University of Wisconsin
  • Can be contacted at [email protected] or 608-234-6064
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Product ID: 406336
Published 2019
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