On August 25, 2023, the National Labor Relations Board (NLRB) delivered its decision in the case of Cemex Construction Materials Pacific LLC (Cemex), NLRB Case No. 28-CA-230115. This ruling marked a significant turnaround from previously established law, altering the dynamics for unions seeking representation. Prior to the Cemex decision, when a union sought representation and…
In the most recent development in Colorado law, the state’s Statute of Limitations defense may not apply in arbitration, particularly in the context of the construction industry. This potential change in the interpretation of the law may have significant implications for legal professionals operating in Colorado and dealing with arbitration cases. Arbitration has long been…
Professional legal commentators have noted significant changes enacted by the National Labor Relations Board (NLRB), suggesting an alteration in the legal landscape that currently favors labor unions over employers. Such a shift has been observed in a series of moves by the NLRB. The first significant transformation was a return to the “quickie elections” process…
In the recent California Environmental Law & Policy Update of September 1, 2023, a significant development has transpired. This involves the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, collectively referred to as “Corps”. In an unexpected move on Tuesday, both entities have released a new rule which dramatically downsizes the…
The National Labor Relations Board (NLRB) has issued a noteworthy decision this week in the Cemex Construction Materials Pacific case (NLRB Case No. 28-CA-230115). This decision is likely to bring immediate and significant impacts to employers who are facing union organizing campaigns. It also brings about a considerable switch in petition and election process, majorly…
On August 25, 2023, the National Labor Relations Board (NLRB) took a crucial step in favor of labor representation by reinstating key elements of its historic 1949 Joy Silk Mills ruling. The board’s decision in the case of Cemex Construction Materials Pacific, LLC did not fully reinstate the old ruling but was seen as a…
Frequent power outages in recent years have led President Kassym-Jomart Tokayev to propose a national referendum on the construction of a Nuclear Power Plant (NPP) in Kazakhstan. He made the announcement on September 1 during an address to the nation. The President argued that the country’s recent electricity problems, such as those experienced in Almaty…
A memo from the National Labor Relations Board’s legal chief, Jennifer Abruzzo, which targets companies’ mandatory anti-union meetings, has withstood a second industry challenge in federal court. A federal district court in Texas ruled that it lacked jurisdiction to hear challenges to Abruzzo’s prosecutorial decisions, which include a memo postulating that ‘captive audience meetings’ breach…
The U.S. Environmental Protection Agency (EPA) has rapidly implemented a new rule regarding jurisdiction under the Clean Water Act (CWA), making use of an exception to the Administrative Procedure Act’s normal requirement for public notice and comment. The new rule concerns the definition of “Waters of the United States,” and comes in response to a…
In a flurry of activity over the past month, ending in August, the National Labor Relations Board (the “Board”) has delivered two pivotal decisions as well as a definitive final rule pertaining to representation cases. These recent developments mark significant shifts in the legal landscape for unions and employers alike. The Board, within its decision…
In a world where real estate constuctivist challenges abound and property rights regulations are fluid, a recent Supreme Court ruling in Israel might just stir the pot. Deliberating over the case where the rights of a building were questioned, the Supreme Court’s verdict will have significant ramifications for all real estate players. The judgment asserts…
For professionals in the world of corporate law and construction, especially those pertaining to the Texas jurisdiction, new legislation has passed which could have substantial effects on how change orders are handled. The legislation in question is House Bill 3485, recently passed by the Texas legislature. This bill sets a significant limit on owner-directed change…
In a departure from decades of precedent, the National Labor Relations Board (NLRB) has instituted mandatory bargaining for employers accused of committing unfair labor practices during the union election process. This move signifies a notable change in the NLRB’s rulings and is seen to ease the efforts of labor unions in organizing new workforces. In…
Legal professionals should take note of a significant shift occurring in the National Labor Relations Board’s (NLRB) union recognition practices. Last week, the NLRB signaled a clear preference for employers to voluntarily recognize unions based on a “card check” system, rather than utilizing the traditional secret ballot election. This has significant implications for corporations and…
In a push towards green energy, several cities in Massachusetts are looking to impose prohibitions on gas hookups in both new construction and renovated buildings. This move is in line with regulations promulgated last year by the Massachusetts Department of Energy Resources. As outlined in 225 CMR 24.00, only ten cities or towns are authorized…
In a significant policy shift with potential wide-ranging implications, the National Labor Relations Board (Board) reversed nearly half a century of precedence in the case involving Cemex Construction Materials Pacific, LLC (Cemex). As was established August 25, 2023, if an employer commits an Unfair Labor Practice (ULP) during the very decisive “critical period” before a…
In a shift from over fifty years of established law, the National Labor Relations Board (NLRB) has issued a decision that mirrors a union-friendly framework. This decision was announced on August 25, 2023, in the context of Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115). As per this recent development, the ruling outlines a changed…
In a recent report on real estate and construction, a number of significant developments have been highlighted that are shaping the sector. These include how advancements in AI technology are predicting home prices, the impact construction is having on the economy, and the potential for streamlined communications within the development industry. One notable area of…
In a recent ruling by the Utah Court of Appeals, the power and influence of integration clauses have been reinforced substantially. This judicial decision, as explored in this in-depth analysis, is particularly relevant for legal professionals involved in construction law and associated contracts, but its implications hold for many other sectors as well. During disputes…
In July 2023, Ontario’s Ministry of Energy unveiled its blueprint for the procurement and conservation of the electricity resources required to meet rising demand in the province. Titled “Powering Ontario’s Growth: Ontario’s Plan for a Clean Energy Future,” this 84-page document details the province’s strategy to construct clean electricity generation, storage, and transmission infrastructure. This…
In the constantly shifting terrain of employment law, recent developments by the National Labor Relations Board (NLRB) and Department of Labor (DOL) could introduce significant implications for employers. Of particular note is an impactful decision enacted by the NLRB in the dispute of Cemex Construction Materials Pacific last week. This decision has resurrected certain aspects…
The U.S. Department of the Treasury has recently released a proposed rulemaking related to prevailing wage and apprenticeship (PWA) requirements for increased tax credits. This initiative has been established by the Inflation Reduction Act of 2022 (IRA), and includes an increase in the investment tax credit under section 48 of the Internal Revenue Code (ITC),…
In an unprecedented move, the First Tier Tribunal in the UK has issued the first remediation order under the Building Safety Act 2022. This landmark order compels a landlord to undertake necessary works to rectify fire safety defects in a building. The development is being regarded as a decisive step towards enhanced fire safety enforcement…
On August 23, 2023, the U.S. Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts for the first time in almost 40 years. Published in the Federal Register (88 Fed.Reg. 57526), these revised regulations affect prevailing wages and fringes contractors need to pay their workers on federal and certain…
In light of a significant heatwave that Phoenix Valley in Arizona experienced recently, many questions are raised about the local water supply and its implications for the local construction industry. Developers and contractors find themselves pondering over how administrative changes in development review policies will affect construction projects in the region. Here’s what legal professionals…