Posts Tagged ‘Employee Free Choice Act’

Around the Web: Updates on Construction Law and Wolfe Law Group 3/27/09

On March 27, 2009        

This week, some familiar topics were being talked about in the legal blogosphere, from the Employee Free Choice Act to the Chinese Drywall situation in Florida, Louisiana and elsewhere.  Here are some selected articles and posts from around the web this week:

Posted in:     Around The Web  /  Tags: , ,   /   Leave a comment

EFCA Compromises On The Way?

On March 18, 2009        

The Employee Free Choice Act has not had a dearth of news coverage, and just last week, the Democrats in Congress officially unveiled the controversial bill.

While predicted to “sail” through the House, it faces a serious challenge in the Senate according to the Wall Street Journal.    The WSJ reports that many leading Senate Democrats who previously voiced support for the bill have backed off recently, perhaps in light of the controversy garnered by the act.  Louisiana veteran senator, Mary Landrieu, is among those democrats reconsidering their positions.

The most controversial aspect of the act – by far – must be the proposed eliminate of “secret ballots” to determine unionization, and the substitution of the secret ballots with a “card check” system.

While labor unions has previously urged that it would not compromise on the EFCA, with the bill’s potential failure in the Senate, AOL News reports that democrats may be open to compromising on the proposed card-check system.

As the debate continues, so will news on the EFCA.   You can follow our discussion of the act’s progress at this tag:  Employee Free Choice Act

Posted in:     Federal, Labor Law  /  Tags: , ,   /   Leave a comment

A New President…A Labor Law Shakedown?

On February 18, 2009        

The National Law Journal published an article last week titled “Stage is Set for Legal Labor Brawl,” and the opening line of the article sums it up perfectly, stating:

Business calls it “Armageddon.” Labor says it’s “a modest step.”

The article discusses one of the hot topics in labor law these days, the Employee Free Choice Act.  Around the blogosphere and news agencies, discussion of the EFCA is on fire.   A Google Video search of the topic yields propaganda from both sides, and on Chris Hill’s Construction Law Musings, I recently published a guest post summarizing argument from both proponents and opponents of the bill.

While the EFCA is certainly on the forefront of the labor law debate, its clear that its not the only argument in town.

To the contrary, since the recent inauguration of President Obama, there has been a substantial shift in labor law issues facing the construction industry, and it’s expected that more is on the way.

One of the most controversial actions by President Obama in the construction industry is the repeal of Executive Order 13502, which prohibited project labor agreements (PLAs) on federal and federally funded construction.   ABC issued a press release specifically directed at this action, contending that it opposes PLAs because they “eliminate merit shop contractors from competing for and winning construction projects.” The ACG also came out against the repeal of 13502 here.

Another labor-law related act already performed by President Obama is the signing of the Lilly Ledbetter Fair Pay Act of 2009.  The act was signed by the President on January 29, 2009, and extends the time period allowed for employees to seek compensation for unequal pay practices.  The act is retroactive to May 28, 2007, and applies to all claims of pay discrimination on or after that date.  Read more about the act at the AGC website here, or on CNN, which covered the Act as “Obama’s First Law.”

From the perspective of the construction industry, it’s a love/hate relationship with President Obama thus far, just one-month into his tenure.

On the one hand, as the Wall-Street Journal reported in mid-January, the construction industry has counted on Obama to put together a strong stimulus package that invested in federal contracting projects (and he pulled through).

On the other hand, however, President Obama is leading a potentially historic shift in employment and labor law matters that will seriously impact construction businesses.

Time will tell how the relationship between President Obama and the construction industry will fare.  So far, however, it’s been a mixed bag.

Posted in:     Construction News, Labor Law  /  Tags: , , , ,   /   Leave a comment