TEST Paragraph
Politics & Policy
ABC Slams OSHA’s Worker Walkaround Rule for Failing to Promote Workplace Health and Safety
State Off-Year Elections Deliver Losses To GOP Heading Into 2024
ABC’s November Regulatory Roundup—Learn About the Latest Developments Affecting the Construction Industry
Safety
Utilize Software To Achieve Your Safety Goals
OSHA Extends Comment Period on OSHA Walkaround Proposed Rule to Nov. 13
ABC Expresses Serious Concerns to Congress About OSHA Worker Walkaround Rule
Events/Products/Programs
Nearly 350 ABC Leaders Gather in Washington for Annual Legislative Conference
ABC Members Rank Among ENR’s Top 400 Contractors
Trades Day: Industry Outreach Opportunity With Meaning
State/Local News
Ed Capodanno Honored by Delaware State Legislature
Election Update: ABC Staff and Members Elected in 2022
California Targets Workplace Cannabis Testing
Awards
ABC Honors 3 New Applicants With the AQC Credential in October
Graham Roofing Earns the AQC Credential in September
ABC's Construction Executive Magazine Wins Silver in Publishing Competition
Legislation
ABC-Supported Legislation To Overturn the Northern Long-Eared Bat’s Endangered Species Listing Heads to President Biden’s Desk
ABC Advocates for Solutions to Workforce Shortage at U.S. House Committee Roundtable
Smucker Introduces the ABC-Supported Main Street Tax Certainty Act
Regulations
NLRB Extends Effective Date of the Joint Employer Final Rule to Feb. 26, 2024
DOL’s Unlawful Proposed Overtime Rule Will Disrupt Construction Workers’ Workplace Flexibility
Workforce Development
Register Now for ABC’s Construction Inclusion Week Webinar Series
DOL High Road Workforce Development Program Map Snubs Nonunion Programs
LISTEN: How to Design an Effective Technology Adoption Strategy
On July 29, the National Labor Relations Board issued a proposed rule titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave, which proposes two amendments to the representation election regulations under the National Labor Relations Act.
An NLRB news release states the first amendment would amend the agency’s rules and regulations to eliminate the requirement that employers provide available personal email addresses and home and personal cellular telephone numbers of all eligible voters to the regional director and other parties during an election campaign. The second amendment would provide absentee ballots for employees who are on military leave.
According to an analysis from ABC’s general counsel, Littler Mendelson P.C., the first amendment signals the NLRB’s return to requirements established in the Excelsior Underwear,Inc., 156 NLRB 1236 (1966) decision, which required employers to provide the full names, work locations, shifts, job classifications and home addresses of all eligible voters before an approved election agreement or decision and direction of election.
The Littler analysis further states, “The Excelsior requirement to provide names and home addresses of eligible voters stood for nearly 60 years before the 2014 amendments made by the final rule markedly expanded the amount of required personal information, commanding that employers provide all ‘available’ personal email addresses and home and personal cell phone numbers directly to the union, rather than to the Board.” According to the NLRB news release, the Board believes, subject to comments, that elimination of the requirement that employers provide available personal email addresses and home and personal cellular telephone numbers of all eligible voters to the regional director and other parties during an election campaign will advance important employee privacy interests that the current rules do not sufficiently protect.”
Additionally, the analysis states the NLRB believes that the three-month voting period estimated in 1940’s-era Board decisions dealing with military mail balloting is no longer a reliable figure, and the Board also reasons that allowing service members to vote by absentee ballot is in line with changes in the law since 1950.
ABC plans to submit comments on the NLRB proposal before the Sept. 28, 2020, deadline and will provide updates on the rulemaking process through Newsline.