The review of whether to make changes to construction industry bargaining relationship has been put on hold. As Seyfarth reported, the NLRB had issued a request for amicus briefs on what the standard should be to determine the majority status of construction unions that have entered into pre-hire agreements, which are permitted under the Act.
Because the Charging Party Union requested a withdrawal of the underlying charge, the NLRB suspended the request for additional briefs on October 15, 2018, pending the Board’s decision on the request for withdrawal. So, employers and unions alike will have to wait and see before we receive additional clarity regarding pre-hire agreements.