Labor Relations Corner

  • 2020-11.23 _ Rest Periods/Breaks
    • We often deal with grievances regarding a failure to take breaks on the jobsite. In many instances, it was the employees on site, working with their on-site supervisor, who all decide to forego their breaks so they can leave early, avoiding traffic. This article reminds everyone of their obligations regarding rest periods/breaks, regardless of whether the employer or their representatives (Foreman or Superintendent) condone the activity.
  • 2021-11.15 _ Overtime
    • Each collectively bargained agreement negotiated by NECA and IBEW has provisions concerning overtime.  To compliment the information in the attached article, we have put together a helpful spreadsheet highlighting the different overtime/double time provisions in the agreements.
  • 2022-05.16 _ Grievances
    • Each collectively bargained agreement has a different set of grievance procedures, but the key thing to note is that if the Union brings forth a grievance, remember NorCal NECA represents you and your business! Please contact us if you receive a grievance from the Union.
  • 2022-08.08 _ Subletting Clause
    • This article is a friendly reminder that every collectively bargained agreement between NECA and the IBEW has a section concerning the subletting or sub-contracting to non-union employers. Subletting is Category One Language, meaning that the language must be inserted into each Inside Agreement between the IBEW and NECA, verbatim.
  • 2024-01.31 _ Navigating Incentive Pay, Per Diems and Overtime
    • Often, employers use per diems, incentive pay, or other forms of payment to attract workers to a project. Recently, this practice has attracted the attention of the Department of Labor (DOL) and resulted in unfavorable findings for the employers involved. When attempting to determine the reason for the findings, the focus seems to land on the per diem and/or incentive payments. However, the culprit is the employee’s regular rate of pay under the Fair Labor Standards Act (FLSA).
  • 2024-02.23 _ Navigating Mandatory, Permissive & Illegal Subjects of Bargaining
    • Collective bargaining isn’t just a handshake deal – it’s a carefully strategized journey down a nuanced highway with three distinct lanes: Mandatory, Permissive, and Illegal. Navigating these lanes effectively means understanding their boundaries and how they impact the relationships of the parties during negotiations.
  • 2024-03.25 _ NEBF Participation Agreement
    • The NEBF and the Trustees met and discussed numerous industry matters related to the national funds. An item that the NEBF administrators have highlighted as an issue for numerous employers remains Participation Agreements. Read more about NEBF Participation Agreements with this Labor Relations Bulletin.
  • 2024-03.25 _ Favored Nations: Different is Not Better
    • Favored Nations language is in each Inside and Low Voltage Collectively Bargained Agreement.  The section states “The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement, and the Union shall immediately notify the Employer of any such concession.” Read more about Favored Nations in this Labor Relations Bulletin.
  • 2024-04.04 _ 8(f) vs. 9(a) Relationships Under the NLRA: A Balancing Act in Construction
    • From time to time, a signatory construction employer may receive a letter asking them to sign a statement such as the following: “The Employer agrees that if a majority of its employees authorize the Local Union to represent them in collective bargaining, the Employer will recognize the Local Union as the NLRA Section 9(a) collective bargaining agent for all employees performing electrical construction work within the jurisdiction of the Local Union on all present and future jobsites.” Read more about what this means in the Labor Relations Bulletin.
  • 2024-04.11 _ The ABC’s of Letters of Assents
    • NECA and the IBEW boast a long and successful history of collaboration. This strong partnership fosters a stable environment for electrical contractors by establishing clear labor relation guidelines through a framework known as Letters of Assent. Click here to read more about Letters of Assent in this Labor Relations Bulletin.
  • 2024-04.18 _ Ground Rules for Negotiations
    • Negotiation, the art of reaching an agreement, thrives on a foundation of mutual understanding and respect.  While the specific agenda and objectives hold undeniable importance, the ground rules that govern the interaction between the parties often prove equally crucial for a successful outcome.  This Labor Relations Bulletin explores the best practices for ground rules.
  • 2024-04.19 _ Labor-Management Decisions: More than Whole
    • NECA and the IBEW have worked to ensure a robust internal dispute resolution process designed to prevent disruptions and ensure industry efficiency through the Labor-Management Committee (LMC). The LMC plays a crucial role in this process by diligently adhering to the CBA when resolving issues. Read more on Labor-Management decisions in this Labor Relations Bulletin.