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ABC believes that employees and employers should have the right to determine wages and working conditions, through either individual or collective bargaining, as they choose, within the boundaries of the law. The employer must have concern for the general welfare of the employee and there must be fair compensation for work performed. By the same token, we believe that the employee has an obligation for satisfactory performance of assigned work.

ABC supports sound legislation in the areas of labor relations, immigration, safety and other areas of employment. Legislation that embraces fair play for both employer and employee is essential to the preservation of our free enterprise system. The law should protect the right of employees to work regardless of race, color, creed, age, sex, national origin, membership or non-membership in a labor organization or other protected class.





NLRB Proposes Changes to Representation Election Procedures

On Aug. 12, the National Labor Relations Board published a Notice of Proposed Rulemaking titled Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships, which proposes amendments to the representation election regulations. 

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Trump Administration Releases Spring 2019 Regulatory Agenda

On May 22, the Trump administration released its Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2020.

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ABC Submits Comments on NLRB’s Joint Employer Proposed Rule

On Jan. 28, ABC submitted comments on the National Labor Relations Board’s joint employer proposal, which would establish an updated standard for determining joint-employer liability under the National Labor Relations Act. Additionally, the ABC-led Coalition for a Democratic Workplace submitted comments in support of the NLRB’s proposal.

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National Labor Relations Board

The five-member National Labor Relations Board is tasked with interpreting and enforcing the National Labor Relations Act. The agency is supposed to serve as a neutral arbiter of federal labor law.

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Overview
As the economy recovers, companies likely will face a shortage of qualified workers—both craft professionals and legal laborers. Legal immigrants currently do and have for a long time played a vital role in our construction workforce. Unfortunately, current immigration laws disproportionately affect construction companies due to their fluctuating work needs.

Any successful reform measure must work to ensure the enforcement of our laws, the security of our borders and the prosperity of our economy. Immigration reform will fail without a legal channel allowing willing and essential foreign workers the opportunity to work legally in this country.

DOL Issues Association Retirement Plans Final Rule

On July 31, the Department of Labor’s Employee Benefits Security Administration issued a final rule that would allow small and mid-sized businesses to band together and offer 401(k) plans to their employees through Association Retirement Plans. The final rule goes into effect Sept. 30, 2019.

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EEOC Opens Online Portal for Pay Data Collection

On July 15, the U.S. Equal Employment Opportunity Commission opened the online portal for the collection of data on pay and hours worked (or Component 2 data) for calendar years 2017 and 2018.

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EEOC Releases Additional Guidance on EEO-1 Component 2 Collection

On July 2, the Equal Employment Opportunity Commission updated the Component 2 EEO-1 Online Filing System website to include additional resources for employers. The website now includes a More Info section and a Frequently Asked Questions page.

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DOL Issues Paid Sick Leave Final Rule for Federal Contractors

On Sept. 30, the DOL’s Wage and Hour Division issued a final rule requiring certain federal contractors to offer employees up to seven days (56 hours) of paid sick leave annually, including paid leave for family care.  The paid sick leave required by the final rule is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA).  Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the final rule. 

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ABC Files Comments on New Paid Sick Leave Requirement for Fed Contractors

On April 12, ABC submitted comments in response to the U.S. Department (DOL) of Labor Wage and Hour Division’s proposed rule on establishing paid sick leave for federal contractors. The proposed rule requires certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. The paid sick leave required by the proposal is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA). Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the proposed rule.

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ABC Comments on EEOC’s Proposed Revisions to the EEO-1 Report

On April 1, ABC submitted comments in response to the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed revisions to the Employer Information Report (EEO-1), which would require employers with 100 or more employees to provide data on W-2 pay and hours worked, beginning in 2017. ABC urged the EEOC to withdraw the proposal because it imposes an unjustified burden on employers, fails to generate useful and reliable information to combat pay discrimination, and fails to protect the confidentiality of the information. 

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Independent Contractors

Independent contractors are an important part of the construction industry due to its fluctuating work demands, and they often are the answer to a pressing demand for the special skills and know-how required for short-term projects.

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Right to Secret Ballot Election

Currently, the preferred method for determining whether employees want union representation is a secret ballot election overseen by the National Labor Relations Board.

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NLRB Proposes Changes to Representation Election Procedures

On Aug. 12, the National Labor Relations Board published a Notice of Proposed Rulemaking titled Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships, which proposes amendments to the representation election regulations. 

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ABC-led Coalition Testifies in Opposition to the PRO Act

On July 25, the ABC-led Coalition for a Democratic Workplace testified before a House subcommittee on the Protecting the Right to Organize Act (H.R. 2474), which would jeopardize workers’ privacy, constitutional rights and freedoms if passed. This legislation currently has 186 Democrat cosponsors and is essentially a “union boss wish list,” as Ranking Member Tim Walberg (R-Mich.) described it in his opening statement.

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Trump Administration Releases Spring 2019 Regulatory Agenda

On May 22, the Trump administration released its Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2020.

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ABC Slams Persuader Rule: DOL Proposal Designed to Silence Employers

Associated Builders and Contractors (ABC) today issued the following statement in response to the release of the U.S. Department of Labor’s (DOL) final “persuader rule.” The rule will greatly limit the ability of employers, particularly small businesses, to obtain advice from labor relations experts, and in turn deprive employees of their right to obtain balanced information about union representation.

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West Virginia Enacts Prevailing Wage Repeal and Right to Work

On Feb. 12, the West Virginia Legislature voted to override Gov. Earl Ray Tomblin’s vetoes of  a prevailing wage repeal bill and the West Virginia Workplace Freedom Act, making West Virginia the 26th Right to Work state in the country and the fourth state to pass Right to Work since 2012. 

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Right to Secret Ballot Election

Currently, the preferred method for determining whether employees want union representation is a secret ballot election overseen by the National Labor Relations Board.

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Right to Work

Right to Work laws guarantee workers can seek employment without fearing they will be required to join (or pay) a union if they are hired.

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Salting Abuse

Salting is not merely an organizing tool—it has become an instrument of economic destruction aimed at nonunion companies.

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Beck Rights/Paycheck Protection

Beck rights, also known as “paycheck protection,” provide workers an opportunity to decide if their compulsory union dues can be used for non-collective bargaining purposes, such as political activities.

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OSHA Requests Information on Table 1 of the Silica Standard for Construction

On Aug. 15, the U.S. Department of Labor’s Occupational Safety and Health Administration published a  Request for Information seeking comment on Table 1 of the agency’s Respirable Crystalline Silica Standard for Construction. 

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OSHA Offers Resources for Working in Dangerous Weather Conditions

The U.S. Department of Labor’s Occupational Safety and Health Administration has published several resources to protect workers from various hazards related to summertime weather, such as hot weather and hurricanes.

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OSHA Publishes Webpage on Suicide Prevention

The U.S. Department of Labor’s Occupational Safety and Health Administration published a new webpage that provides various resources for workers on suicide prevention. 

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Associated Builders and Contractors Files Suit Against ‘Blacklisting’ Rule

Associated Builders and Contractors (ABC) and its ABC Southeast Texas Chapter announced that they have filed a lawsuit challenging the Fair Pay and Safe Workplaces final rule, commonly referred to as the “blacklisting” rule, which was released Aug. 25, 2016. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas, Beaumont Division, by the Texas office of Littler Mendelson, P.C., ABC National’s general counsel. The firm will represent ABC, the ABC Southeast Texas Chapter and the National Association of Security Companies (NASCO) in the lawsuit.

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Two-Year Budget Deal Signed by President Obama Carries Implications for Contractors

President Obama Nov. 2 signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which suspended the application of the debt limit until March 2017 and ensured that the United States would meet its financial obligations. The deal was approved by a bi-partisan group of legislators the Unites States Senate Oct. 30 and the House of Representatives on Oct. 28. 

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OSHA’s Confined Spaces in Construction Rule in Full Effect

Employers can now be cited for not complying with the Occupational Safety and Health Administration’s (OSHA) confined spaces in construction final rule. A temporary enforcement policy of not issuing citations--provided employers made good-faith efforts to comply--expired on Oct. 2. 

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OSHA Releases Guide on Safety and Health Training For Workers

OSHA Aug. 4 released a guide titled, “Training Requirements in OSHA Standards,” that compiles information related to the agency’s mandatory safety and health training for workers into a 266-page document that is divided into five chapters, including one focused on construction safety training.

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OSHA Issues New Employer Recordkeeping Proposal

OSHA July 29 issued a proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries and illnesses.

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OSHA Reform

ABC member companies believe safety is a core value, above all others, and is the basis of their culture. ABC understands the importance of common-sense regulations based on sound evidence and scientific analysis with appropriate consideration paid to implementation costs and input from employers. Many ABC companies have implemented safety programs that are among the best programs in the industry, often far exceeding legal requirements.  ABC is strongly committed to a collaborative effort between industry and the Occupational Safety and Health Administration, which will increase workplace safety and promote economic opportunity in the United States.

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ABC Leads Discussion on Workforce Development Reforms with GOP Leaders

Last week, ABC’s Vice President of HSE and Workforce Development, Greg Sizemore, made a presentation to the Republican Legislative Campaign Committee on the importance of continuing workforce development reforms at the state level.

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ABC Seeks Feedback on DOL’s Proposed Rule on Apprenticeship Expansion

On June 25, the U.S. Department of Labor issued a proposed rule on apprenticeship programs that would establish a process for creating high-quality, industry-recognized apprenticeship programs by organizations that apply to become DOL recognized Standards Recognition Entities. DOL’s new release on the proposal is available here.  

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ABC Students Attend White House Pledge to America’s Workers Event

Two graduates of ABC Pelican Chapter's Baton Rouge Training Center and one from the ABC Heart of America apprenticeship program were in Washington last week to attend the one-year anniversary celebration of President Trump’s Pledge to America’s Workers at the White House. Last year, ABC pledged to educate and upskill at least 500,000 construction workers over the next five years during the kick-off event.

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Workforce Development

There are limitless opportunities to build the American workforce through government-defined and industry workforce development programs. Innovative and unique platforms can provide the way for all Americans to develop skills to achieve their dreams.

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Apprenticeship/Job Training

ABC believes all American workers, regardless of labor affiliation, should enjoy equal access to critical job training.

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