Legal Alert! Non-union Contractors May Not Be Excluded from Job Sites
On July 31, 2007, the National Labor Relations Board (NLRB) issued a decision that will have a significant impact on the construction industry, and on how union contracts may be negotiated. In general, prior to this NLRB decision, most contractual arrangements between owners, developers, construction managers and construction trade unions, whereby non-union construction contractors and subcontractors were excluded from construction sites were considered lawful. While a number of very practical consequences remain unsettled, with limited exceptions, the new decision prohibits owners, developers, construction managers, and general contractors from agreeing with unions to require that contractors and subcontractors be signatory to (or abide by) union contracts, in order to perform construction services at a construction job site. Click the link to view the article in its entirety.