Construction doublebreasted operations and pre-hire agreements: assessing the issues

Article Abstract:

Labor relations in the construction industry are conducted under a legal framework that is both different and more favorable to unions than is that in industry generally. Thus, construction employers are more subject to challenge than those in other industries if they operate both union and nonunion subsidiaries; construction unions, but not those in most other industries, may enter into agreements before anyone is hired ("pre-hire agreements"), require employees to join unions after ten days of employment instead of thirty, and require the contractor to notify them of job openings. Despite these advantages, construction unions represent only 22.2 percent of all construction workers in 1987, down from 40.1 percent in 1973, while nonunion, or "open shop," construction accounted for more than 70 percent of the construction dollar volume as early as 1984. Attempting to overcome these trends, the construction unions have sponsored legislation in the current and last two congresses which would outlaw "doublebreasting," i.e., one company owning both unionized and open shop subsidiaries, eliminate any restrictions on pre-hire agreements, and have the effect of forcing thousands of construction workers into unions regardless of their wishes. This article examines the reasons for the decline of construction unionism, analyzes the proposed legislation, discusses its probable impact, and concludes that it is lacking in justification for the common good. (Reprinted by permission of the publisher.)

Management, Membership, Employee recruitment, Right to work (Labor unions)

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The "helper" controversy in the construction industry

Article Abstract:

Helpers, whose role is to assist craftsmen, have been a subject of controversy in the construction industry for nearly a century. The AFL-CIO construction unions have attempted in various ways to control the work of helpers so that helpers cannot "pick up" the trade and then compete with craftsmen for jobs. With the help of the U.S. Department of Labor's administration of the Davis-Bacon Act, these unions succeeded in almost eliminating the use of helpers on government-financed construction and most union jobs. This has meant that much unskilled and semiskilled work has been done by journeymen at skilled labor wages. The result has hurt union members and unionized contractors by aiding open-shop contractors, who use helpers extensively, to underbid their competitors and win increasing market share. This article examines the ramifications of the helper issue and related training problems from the turn of the century to the present, discusses various union policies, court decisions, and legislation affecting the issues, and concludes that the economies of utilizing helpers are sufficient to cast doubt on the efficacy or future success of current union attempts to limit narrowly the training and use of helpers. (Reprinted by permission of the publisher.)

Construction workers

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Doublebreasted operations and the decline of construction unionism

Article Abstract:

Labor relations in the construction industry are conducted under a legal framework that is both different and more favorable to unions than is that in industry generally. One aspect of this favored union environment is that construction employers are more subject to challenge than other employers if they operate both union and nonunion subsidiaries ("doublebreasted operations"). For almost a decade, the construction unions have attempted to obtain legislation disallowing this practice on the erroneous claims that it is unique to the construction industry and responsible for the decline of construction unions. This article examines the facts of the case and concludes that having both union and nonunion construction subsidiaries is no different from having both union and nonunion manufacturing subsidiaries insofar as the structure and operational organization of such companies are concerned; that the initial National Labor Relation Board decision in regard to doublebreasted operations in the construction industry was merely an application of precedent of some years previous in other industries; and that construction industry doublebreasted operations are much more a result than a cause of union decline. (Reprinted by permission of the publisher.)

Construction, Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Occupational Safety Regulation, Labor Unions, Labor Unions and Similar Labor Organizations, Laws, regulations and rules, Occupational safety and health, Safety regulations

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