As expected, the National Labor Relations Board (NLRB) Feb. 5 reissued a proposed rulemaking that will reduce the amount of time between when a union files a representation petition and an election takes place from the current average of 38 days to as few as 10. 

President Obama Jan.17 signed into law a $1.01 trillion omnibus appropriations bill (H.R. 3547) that funds all federal agencies for fiscal year 2014. The Senate Jan. 16 passed the appropriations bill by a 72-26 vote and the House Jan. 15, passed the bill by a 359-67 vote. The legislation includes funding decreases for many federal agencies, including the U.S. Department of Labor and the National Labor Relations Board.

The U.S. Supreme Court heard oral arguments Jan. 13 in the National Labor Relations Board (NLRB) recess appointments case (Noel Canning).  The oral arguments centered on a lower court ruling that held President Obama’s early 2012 recess appointments of three members to the NLRB were unconstitutional. More background information on the Noel Canning case and ABC National’s involvement can be found on the ABC website. 

On Jan. 9, the Departments of Health and Human Services, Labor and the Treasury issued another set of frequently asked questions regarding implementation of the Affordable Care Act (ACA).  The FAQs (Part XVIII) discuss coverage of preventive services, limitations on cost-sharing, and wellness programs and provided guidance on the Mental Health Parity Act.

In response to the House-Senate Conference meeting on the Water Resources Reform and Development Act (H.R. 3080) and the Water Resources Development Act (S. 601), ABC Jan. 7 sent a letter to members of Congress thanking them for recognizing the importance of our nation’s water infrastructure and for moving forward with the first Water Resource Reauthorization bill since 2007. However, ABC also expressed concern that the proposed Senate bill would expand Davis Bacon requirements and exclude a public-private partnership (P3s) program.

Associated Builders and Contractors (ABC) commended a complaint filed in the U.S. District Court for the Eastern District of California seeking declarative and injunctive relief against an unnecessary and discriminatory new statute (S.B. 54) recently enacted in the California Legislature. SB 54 is special interest legislation that would force private refineries in California to award construction and maintenance work predominately to contractors who sign contracts with Building Trades unions.  

ABC Nov. 27 praised the 6th Circuit U.S. Court of Appeals for upholding Michigan’s 2011 law that prohibits government-mandated project labor agreements (PLAs) on construction projects paid for by Michigan taxpayers. 

As a part of the Affordable Coverage Project, ABC and other business groups responded to final rules issued by the IRS on the new burdensome health insurance tax beginning on Jan. 1, 2014, calling on Congress to protect employers and consumers from the increased health coverage costs.

ABC Nov. 21 expressed concern over a controversial change in U.S. Senate rules and procedures that will allow the majority party to skirt a filibuster to confirm certain presidential appointments.  Traditionally, 60 votes have been needed to confirm nominees and pass legislation, but by invoking this unprecedented rule change along partisan lines, the majority has lowered that threshold to a simple majority of 51 votes.

ABC, as part of the Health Choices Coalition, sent a letter to Sens. Pat Roberts (R-Kan.) and Mary Landrieu (D-La.), supporting the Restoring Access to Medication Act, an effort to avert the unintended consequences resulting from the restrictions in the Patient Protection and Affordable Care Act (PPACA) placed on tax-preferred accounts that prohibit their use for purchasing over-the-counter (“OTC”) medications without a prescription.