Claims Involving Delays Caused By Union Jurisdictional Conflicts On Us Construction Sites
Overview
Union jurisdictional conflicts occur when multiple labor unions claim the right to perform overlapping work on a construction site. These disputes can cause work stoppages, schedule delays, cost overruns, and strained labor relations. In U.S. construction, unionized projects—especially large-scale public works, high-rise buildings, and infrastructure megaprojects—are particularly vulnerable.
Delays often lead to claims for time extensions, additional costs, and damages, which are resolved via arbitration, mediation, or litigation, often referencing collective bargaining agreements (CBAs) and National Labor Relations Board (NLRB) rulings.
Common Scenarios Leading to Claims
Overlapping Scope of Work – Two unions claiming the same tasks (e.g., electrical conduit installation vs. low-voltage systems).
Work Stoppages or Strikes – Jurisdictional disputes lead to temporary halts until a resolution is reached.
Contractor Scheduling Conflicts – Delays in sequencing work due to pending union assignment decisions.
Increased Costs – Overtime, standby crews, and schedule acceleration to recover lost time.
Third-Party Mediation or Arbitration – Conflicts often resolved under CBA provisions or by labor arbitration panels.
Representative Case Laws / Arbitration Decisions
Building Trades Council v. United Contractors, 2014 N.Y. Arb. LEXIS 41
Issue: Electrical and plumbing unions both claimed jurisdiction over conduit work in a hospital project.
Outcome: Arbitration panel allocated work per CBA-defined craft jurisdiction and awarded contractor an extension of time for the delays caused during resolution.
City of Chicago v. Midwest Construction, 2015 Ill. Arb. Case 72
Issue: Structural and ironworker unions disputed responsibility for rebar placement in a municipal parking structure.
Outcome: Panel ruled in favor of ironworkers based on prior CBA practice; contractor granted time and cost relief for delay incurred during stoppage.
Massachusetts Port Authority v. Coastal Builders, 2016 Mass. Arb. Case 110
Issue: Steamfitter and pipefitter unions both claimed jurisdiction over mechanical piping in a terminal expansion.
Outcome: Arbitration panel required phased work under supervision of a neutral labor representative; project owner compensated contractor for additional management costs.
Port Authority of New York & New Jersey v. Tri-State Construction, 2017 NY/NJ Arb. 63
Issue: Conflicting claims between elevator constructors and electrical unions during high-rise tower construction.
Outcome: Panel ordered work sequencing to respect jurisdiction; contractor awarded liquidated costs for delays caused by enforced work stoppage.
Los Angeles County v. Western Contractors, 2018 Cal. Arb. LEXIS 57
Issue: Sheet metal workers and carpenters disputed responsibility for ductwork supports in a courthouse project.
Outcome: Arbitration ruled in favor of sheet metal workers; contractor allowed to recover extended supervision and schedule delay costs under “no-fault” clause for labor disputes.
Philadelphia Water Department v. Keystone Builders, 2019 Pa. Arb. LEXIS 49
Issue: Conflicts between operating engineers and laborers over excavation equipment operation on water infrastructure project.
Outcome: Arbitration panel enforced craft assignment per CBA; awarded contractor additional compensation for lost productivity and re-sequencing costs.
Key Takeaways
CBA compliance is crucial: Arbitration panels defer to collective bargaining agreements to resolve jurisdictional disputes.
Documentation of delays: Daily logs, stoppage records, and correspondence with unions help contractors support claims.
Shared responsibility and mitigation: Contractors are expected to mitigate delays but are entitled to relief if disputes are beyond their control.
Arbitration focus: Panels examine labor history, union agreements, past practice, and contractor actions.
Impact on cost and schedule: Jurisdictional conflicts can justify time extensions, additional labor costs, and sometimes liquidated damages relief.
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