Section 33 Construction Industry Exemption

• Library: Employer-Employee Law 2008

NLRA § 8(e), 29 U.S.C. § 158(e), contains two exemptions: the construction industry exemption and the garment industry exemption. Under the construction industry proviso, § 8(e) does not apply to construction industry union-employer agreements that relate to subcontracting of work to be performed on the construction site. In other words, unions contracting with construction industry employers may seek provisions that would prohibit employers from subcontracting work actually done at the site to nonunion firms. As explained by the Supreme Court, the close working relationship between the various contractors and subcontractors and the friction that would necessarily result from union and nonunion employees working in close proximity justifies this exemption as a measure to prevent conflict. Connell Constr. Co. v. Plumbers & Steamfitters Local Union No. 100, 421 U.S. 616 (1975). It is now recognized that the exemption applies to any subcontracting agreement relating to on-site construction work negotiated in the context of a collective bargaining relationship and is not restricted to particular job sites or...