Tuesday, December 26, 2017
Summary of NLRB Decisions for Week of November 27 - December 1, 2017
R Cases
Elaine Kaufman Cultural Center/Lucy Moses School for Music and Dance (02-RC-181017) New York, NY, November 29, 2017. The Board (Members Pearce and McFerran; Chairman Miscimarra, dissenting) denied the Employer’s Request for Review of the Regional Director’s Decision and Order to Open Challenged Ballots as it raised no substantial issues warranting review. In denying review, the majority agreed with the Regional Director that the challenged voter in question was eligible, although the majority relied on a different rationale. Dissenting, Chairman Miscimarra would have granted review because, in his view, the parties’ stipulation was unambiguous and the challenged voter was not eligible. Petitioner – Associated Musicians of Greater New York Local 802, American Federation of Musicians. Chairman Miscimarra and Members Pearce and McFerran participated.
Friday, December 15, 2017
NLRB Establishes New Standard Governing Workplace Policies, and Upholds No-Camera Policy in Boeing
Washington, D.C.—In a 3-2 decision involving The Boeing Company, the National Labor Relations Board overruled Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), which articulated the Board’s previous standard governing whether facially neutral workplace rules, policies and employee handbook provisions unlawfully interfere with the exercise of rights protected by the National Labor Relations Act (NLRA).
Under the prior Lutheran Heritage standard, the Board found that employers violated the NLRA by maintaining workplace rules that do not explicitly prohibit protected activities, were not adopted in response to such activities, and were not applied to restrict such activities, if the rules would be “reasonably construed” by an employee to prohibit the exercise of NLRA rights.
In place of the Lutheran Heritage “reasonably construe” standard, the Board established a new test: when evaluating a facially neutral policy, rule or handbook provision that, when reasonably interpreted, would potentially interfere with the exercise of NLRA rights, the Board will evaluate two things: (i) the nature and extent of the potential impact on NLRA rights, and (ii) legitimate justifications associated with the rule.
The Board also announced that, prospectively, three categories of rules will be delineated to provide greater clarity and certainty to employees, employers, and unions.
• Category 1 will include rules that the Board designates as lawful to maintain, either because (i) the rule, when reasonably interpreted, does not prohibit or interfere with the exercise of NLRA rights; or (ii) the potential adverse impact on protected rights is outweighed by justifications associated with the rule.
Examples of Category 1 rules are the no-camera requirement maintained by Boeing, and rules requiring employees to abide by basic standards of civility. Thus, the Board overruled past cases in which the Board held that employers violated the NLRA by maintaining rules requiring employees to foster “harmonious interactions and relationships” or to maintain basic standards of civility in the workplace.
• Category 2 will include rules that warrant individualized scrutiny in each case as to whether the rule would prohibit or interfere with NLRA rights, and if so, whether any adverse impact on NLRA-protected conduct is outweighed by legitimate justifications.
• Category 3 will include rules that the Board will designate as unlawful to maintain because they would prohibit or limit NLRA-protected conduct, and the adverse impact on NLRA rights is not outweighed by justifications associated with the rule. An example would be a rule that prohibits employees from discussing wages or benefits with one another.
Although the maintenance of particular rules may be lawful, the Board held that the application of such rules to employees who have engaged in NLRA-protected conduct may violate the Act, depending on the particular circumstances presented in a given case.
Applying the new standard, the Board concluded that Boeing lawfully maintained a no-camera rule that prohibited employees from using camera-enabled devices to capture images or video without a valid business need and an approved camera permit. The Board majority reasoned that the rule potentially affected the exercise of NLRA rights, but that the impact was comparatively slight and outweighed by important justifications, including national security concerns.
Board Chairman Philip A. Miscimarra was joined by Board Members Marvin E. Kaplan and William J. Emanuel in the majority opinion. Members Mark Gaston Pearce and Lauren McFerran dissented in the case.
Additional information on this case can be found here.
NLRB Overrules Browning-Ferris Industries and Reinstates Prior Joint-Employer Standard
Washington, D.C.—In a 3-2 decision, the National Labor Relations Board today overruled the Board’s 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”), and returned to the pre–Browning Ferris standard that governed joint-employer liability.
In all
future and pending cases, two or more entities will be deemed joint
employers under the National Labor Relations Act (NLRA) if there is
proof that one entity has exercised control over essential
employment terms of another entity’s employees (rather than merely
having reserved the right to exercise control) and has done so directly and immediately (rather than indirectly) in a manner that is not limited and routine. Accordingly, under the pre–Browning Ferris
standard restored today, proof of indirect control,
contractually-reserved control that has never been exercised, or control
that is limited and routine will not be sufficient to establish a
joint-employer relationship. The Board majority concluded that the
reinstated standard adheres to the common law and is supported by the
NLRA’s policy of promoting stability and predictability in bargaining
relationships.
Applying the reinstated pre–Browning Ferris
standard, the Board agreed with an administrative law judge’s
determination that Hy-Brand Industrial Contractors, Ltd. (Hy-Brand) and
Brandt Construction Co. (Brandt) were joint employers and therefore
jointly and severally liable for the unlawful discharges of seven
striking employees.
Chairman
Philip A. Miscimarra was joined by Members Marvin E. Kaplan and William
J. Emanuel in the majority opinion. Members Mark Gaston Pearce and
Lauren McFerran dissented in the case.
Rowan leases land to developer for huge sports complex in Gloucester County
It will be a huge sports-o-rama out in Gloucester County.
Rowan
University of Glassboro, N.J., announced plans to lease 300 acres it
owns in Harrison to a developer to build a sports complex that would
include an arena and dozens of athletic fields.
The project would be near the hospital Inspira is constructing in Mullica Hill
on 100 acres it acquired from the university. Rowan has been amassing
land in Harrison for the past 15 years. It now owns 600 acres. The
Courier-Post has the story about the sports complex.
Source: Philadelphia
Business Journal
Union workers unite to build Temple’s new library
Sitting
in a construction trailer known as the “meeting room,” workers wearing
boots covered in dirt and dry mud talk about what it’s like to build one
of the biggest capital projects in Temple history: the new library. The
four-story, 225,000-square-foot academic commons, at Liacouras and
Polett walks, is being built by hundreds of union workers.
Thursday, December 14, 2017
Luck Bros. loses PLA lawsuit
A court has ruled in favor of Clinton County in a dispute over a
Project Labor Agreement for work at Plattsburgh International Airport.
In his ruling, New York State Supreme Court Judge Mark L. Powers said the PLA did not harm the local construction company that filed suit.
Luck Brothers Inc., a Plattsburgh construction company, sued the county for implementing a PLA for $42 million worth of work at the airport.
Sunday, December 10, 2017
King of Prussia rail line will be 5 miles. So why is SEPTA on a 10-year plan?
Dan Cowhey and his neighbors in the Valley Forge Homes development had heard SEPTA’s preferred route for a rail extension into King of Prussia would run practically through their backyards.
They joined the local resistance movement. The group Cowhey formed, No KOP Rail, which argues the new rail would benefit businesses and out-of-town commuters more than residents, not only persuaded SEPTA to consider different paths away from homes but also helped delay the whole project.
“I took it as a little victory,” said Cowhey, the 33-year-old father of a toddler son. “We’re slowing them down a little bit. They’re really starting to think about this.”
Pennsylvania Legislature seeks to limit unions' political donations and protect themselves
The Pennsylvania Legislature moved a step closer to
preventing governments from deducting political donations from unionized
workers’ paychecks — and protect lawmakers’ ability to mix work and
politics.
On Tuesday, the Republican-controlled House approved Senate Bill 166 that prohibits state, county and local governments from using their payroll systems to let teachers, police officers, firefighters and other workers from voluntarily asking their employers to deduct money for their respective union’s political action committees. The bill, which passed the GOP-controlled Senate in February, would apply to all unions after their current contracts expire.
Construction union seeking to recoup more than $150K in funds from bonding company
PITTSBURGH – A Pittsburgh-based non-profit corporation claims a bonding company has neglected to pay it more than $150,000 in contributions and wage deductions, and has initiated litigation to recover that amount.
Operating Engineers Local 66, AFL-CIO & Construction Industry Combined Funds, Inc. of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Nov. 27 versus Allegheny Casualty Company, of Newark, N.J.
More Amazon HQ2 hype: Philadelphia a top contender for $5 billion project, Inc. magazine says
Speculation is intensifying as Amazon.com
Inc. decides where to build its second headquarters — a $5 billion
project with as many as 50,000 jobs expected to come with it.
Time to add another voice to the mix, now that Inc. has ranked the six cities most likely to land HQ2. Philadelphia made the list – at No. 4.
The
entrepreneur-focused publication relied on sources like betting
websites and interviews with shipping experts, investors and people
familiar with Amazon.
South Jersey Dollar Generals are "below area standards," local carpenters union claims
FOLSOM — Members of the Northeast Regional Council of Carpenters protested Wednesday outside the construction area of a Dollar General on Route 54, claiming the company builds its stores “below the area’s standards.”
AG: Sussex not empowered to pass right to work: Arlett calls for public hearing and vote before year's end
Delaware Department of Justice has issued an opinion stating Sussex County Council has no legal authority to enact a proposed right-to-work ordinance.
That opinion, sent to council in a Nov. 15 letter, does not sway the councilman who is pushing to place the ordinance on a December county council agenda.
The letter came as no surprise to Councilman Rob Arlett, R-Frankford, who introduced a right-to-work ordinance Oct. 31. “It's one of many opinions. That office is not the end authority or decision maker,” he said. “The letter is part of the record for consideration. We are looking for all opinions.”
Inclusionary zoning bill clears committee, but final vote delayed until 2018
The so-called inclusionary zoning bill, including sweeping recent amendments, successfully moved out of Council’s Rules Committee. But it did not receive a recommendation for passage or rules suspension. That means it cannot receive final passage until January 25, at the earliest, when the next session of City Council begins.
It is expected that new amendments will be hammered out in the interim to address concerns with the existing legislation.
Tuesday, December 5, 2017
Pennsylvania makes $1M grant to clean up asbestos site in Ambler
Pennsylvania has awarded the Redevelopment Authority of Montgomery County a $1 million grant toward the clean-up of a 4.6-acre asbestos-contaminated site in Ambler, at the former Keasbey & Mattison property, Gov. Wolf’s office announced Tuesday.
A 134,205-square-foot, 115-unit apartment building is in the works for the site, which became part of the U.S. Environmental Protection Agency’s Superfund program in the 1980s. Keasbey & Mattison, which manufactured automotive-construction products, ultimately became part of Armstrong World Industries.
Source: Philly.com
Philly's Central High gets $10M gift for major expansion
Attending Central High School affected Joseph M. Field’s life profoundly, but he never forgot that the public school that shaped him had one major shortcoming, even when he attended in the late 1940s: It lacked a proper performance space for its many promising musicians.
Powered by Field’s $10 million gift, Central High School officials on Wednesday announced a $42 million, public-private capital campaign to improve and expand their campus. The centerpiece will be the Joseph and Marie Field Performing Arts Center, a 400-seat, state-of-the-art venue that will finally fill the gap Field first noticed in 1945.
Union carpenters, Convention Center still, still, still battling in Philly, Harrisburg
At the Convention Center on Monday, more than 6,000 cell biologists and life scientists from the American Society for Cell Biology and the European Molecular Biology Organization will focus on connections between cell biology and neurobiology.
Nearby, at the federal courthouse, there will be another gathering — of lawyers representing the Convention Center and the union carpenters who used to be the center’s main labor force. The courthouse discussion will focus on a lawsuit over whether the union engaged in racketeering after it lost work at the center in May 2014.
Philly union presses pensions on nonunion hotel
Supporters of Unite Here Local 274 have been mobilizing political support to pressure public pension funds not to invest in a New York fund they say is backing the developer of a Center City convention hotel staffed by nonunion workers.
The 2,500-member local, which represents hotel, restaurant, and other workers in Philadelphia, says the Starwood Aloft at Broad and Arch Sts. was built with public subsidies from government economic development programs designed to help poor people, but questions whether the hotel is actually doing so.
But hotel investors says the Aloft employs already employs lower-income workers.
Wednesday, November 29, 2017
H.B. McClure parent buys Florida company
Harrisburg-based H.B. McClure Co., one of the region's largest commercial and residential mechanical contractor, is taking another big leap outside Central Pennsylvania.
The employee-owned contractor's parent company, HB Global LLC, said today it has acquired Nash Plumbing and Mechanical LLC, a Florida-based provider of commercial plumbing and mechanical services.
The deal will help HB Global, a holding company created in October, extend the company's geographic reach and expand its offerings in the commercial construction industry, said Bob Whalen, president and CEO.
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