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Live Webinar

90-minute live streaming program
  • July 18
  • 1:00 - 2:30 pm EST

Collective Bargaining Developments in Construction

July 18

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.

Learning Objectives

  • You will be able to define the responsibilities of Construction employers to engage in good faith collective bargaining.
  • You will be able to recognize some of the Hot-Button issues facing multiemployer associations.
  • You will be able to recognize the issues that help shape multiemployer bargaining proposals.
  • You will be able to review the impact of union benefits or being competitive in the industry.

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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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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

Live Webinar Registration

  • AIA 1.5
     
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  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
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  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
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  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
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  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
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  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
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  • This program is applicable for 1.8 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable for 1.5 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.5
     
  • This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     

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

Who should attend?

This live webinar is designed for construction managers, engineers, project managers, contractors, subcontractors, construction professionals, presidents, vice presidents, developers, architects and attorneys.

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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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