M. Christopher Moon on NLRA

Percentage of Construction Industry Workers in a Union Continues to Decline

According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7 percent in 2023. This is the latest in a generational shift. Over the...more

4/4/2024 / Construction Industry , Construction Workers , NLRA , Project Labor Agreements , Unions , Wage and Hour

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more

6/29/2023 / Administrative Law Judge (ALJ) , Construction Industry , Discipline , Employee Misconduct , NLRA , NLRB , Protected Activity , Termination

Exercise Caution With Mandated Construction Project Labor Agreements

A project labor agreement (PLA) is a type of collective bargaining agreement that covers multiple unionized trades working on a single defined project. While advocates emphasize the advantages of PLAs, construction owners and...more

6/30/2021 / Construction Project , Employer Liability Issues , NLRA , Project Labor Agreements , Skilled Laborers , Subcontractors , Unions

NLRB General Counsel: Ease Make Whole Relief Burden Of Proof In Duty Of Fair Representation Cases

Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter...more

7/6/2020 / Burden of Proof , Collective Bargaining , Duty of Fair Representation , Joint Employers , NLRA , NLRB , NLRB General Counsel , Unions , Wage and Hour

Labor Board Revisits Arbitration Agreements After Supreme Court’s ‘Epic’ Decision

Arbitration agreements that could be reasonably construed to prohibit filing of unfair labor practice charges with the National Labor Relations Board (NLRB) are unlawful under the National Labor Relations Act (NLRA), the NLRB...more

7/9/2019 / Arbitration , Arbitration Agreements , Corporate Counsel , Epic Systems Corp v Lewis , NLRA , NLRB , Unfair Labor Practices

Scabby The Rat Could Face Extermination Under Labor Board General Counsel’s Recommendation

A recent Advice Memorandum from the National Labor Relations Board’s (NLRB) General Counsel’s office (GC Office) has recommended that the Board engage in pest control. As background, federal labor law strictly regulates...more

6/26/2019 / NLRA , NLRB , NLRB General Counsel , Protests , Unions

NLRB GC: Employer Can Unilaterally Implement Decisions Made Before Union Election Victory

An employer lawfully unilaterally implemented a stricter tardiness and absentee policy even though a union had recently won an election to represent its workers, according to a memorandum released by the National Labor...more

7/10/2018 / Employee Handbooks , Employer Liability Issues , Employment Policies , NLRA , NLRB , NLRB General Counsel , Unions

M. Christopher Moon

Jackson Lewis P.C.

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