I am a construction contractor with employees who are members of a number of different trade unions. Am I exempt from the posting requirement because I don have an exclusive union situation?
A. The posting requirement does not apply to work sites where “no union has been formally recognized by the prime contractor or certified as the exclusive bargaining representative of the prime contractor’s employees.” The term “exclusive” as used here means the exclusive representative for a particular bargaining unit of a certain type(s) of employees. A prime contractor can deal with more than one union as exclusive bargaining representative if each union represents a different type of employee. For example, a construction contractor may deal with unions for carpenters, plumbers, electricians, etc. Under these circumstances, the exemption does not apply. The exemption applies only to work sites where the prime contractor has no union representation at all for any of its employees.
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