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In a recent article reporting on the National Labor Relations Board’s (NLRB or Board) decision in McLaren Macomb, which changes the Board’s approach to the lawfulness of key provisions often found in severance agreements, we indicated that the NLRB’s general counsel would eventually issue guidance on questions arising as a result of that decision. That day has come. On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05, Guidance in Response to Inquiries about the McLaren Macomb Decision. The Guidance covers a range of topics and questions of importance to employers.

In its February 21, 2023, decision in the McLaren Macomb case, the National Labor Relations Board (NLRB or Board) explicitly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) and reversed Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology that had permitted employers to include broad confidentiality provisions and non-disparagement clauses in severance agreements.

Reaffirms Existing EEO and Affirmative Action Requirements

2023 Committee Meetings Scheduled

The new report, 2022 National Construction Industry Workforce Summit: Success Stories and New Strategies offers a comprehensive summary of �鶹��Ƶ’s most-recent Workforce Summit. This includes over 40 new workforce development solutions crafted by Summit participants, as well as details about what firms, �鶹��Ƶ chapters and educators are already doing that is helping address the industry’s workforce needs. Please use this report as a resource for ideas about ways to better recruit, train and retain the industry’s workforce. We trust you will find the information in the report useful and encourage you to share it with colleagues as appropriate. And do not hesitate to email workforce@agc.org with any questions or if you need any additional details.

Tuesday, March 3 from 2:00 p.m. to 3:30 p.m. ET

Objections deadline extended to March 3, 2023

The Construction Labor Research Council (CLRC) reports that the first contract year of new collective bargaining settlements reached in 2022 for union craft workers in the construction industry yielded an average wage-and-benefit increase of 3.8 percent or $2.34. The rate of growth in package increases between 2020 and 2022 was higher than at any time in more than a decade, CLRC observed, attributing the steep incline to inflation rather than to labor shortages or COVID effects. CLRC projects annual increases to average approximately 4.2 percent by 2024.

�鶹��Ƶ recently submitted formal comments to the National Labor Relations Board (“NLRB” or “Board”) on a proposed rule to modify certain union representation case procedures. �鶹��Ƶ joined with other employer groups in filing joint comments through the Coalition for a Democratic Workplace (“CDW”) and filed our own supplementary comments focused on construction-industry issues.