On July 26, the National Labor Relations Board issued its misnamed Fair Choice-Employee Voice final rule, which rescinds the ABC-supported 2020 Election Protection final rule, jeopardizing employees’ right of free choice in representational matters and disrupting the Board’s current representation processes. The 2020 final rule was intended to “better protect employees’ statutory right of free choice on questions concerning representation.”

The Biden administration continues to roll back Trump-era initiatives and institute new, pro-union policies that challenge ABC members’ ability to win work. ABC is fighting against these proposed rules and regulations affecting merit shop contractors and advocating for open competition and free enterprise.

On July 3, ABC submitted comments in response to the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency proposed rule on Cyber Incident Reporting for Critical Infrastructure Act Reporting Requirements. The rule imposes new cyberincident and ransom payment reporting requirements for companies deemed to have responsibility for critical infrastructure.

This year’s Camp NAIWC, sponsored by the National Association of Women in Construction’s Greater Washington, D.C., chapter, was held in June. The camp is a four-day, all-girls camp offering students in grades 7 through 12 experience in trades such as carpentry, plumbing, electrical and more.

On July 19, the National Labor Relations Board moved to withdraw its appeal of the U.S. District Court for the Eastern District of Texas’ decision to vacate the 2023 Joint Employer final rule, which means the court’s favorable decision will become final. The Board appealed the decision on May 7.

ABC National staff and an ABC member testified at the June 27, 2024, U.S. House Oversight and Accountability Committee’s subcommittee hearing on President Biden’s controversial policies promoting and mandating anti-competitive and inflationary project labor agreements on federal and federally assisted projects.

On June 28, 2024, the U.S. District Court for the Eastern District of Texas issued a decision in the Texas attorney general’s case challenging the U.S. Department of Labor’s final rule on Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. The judge in the case issued a limited preliminary injunction blocking implementation of the rule for employees of the state of Texas only.

On July 3, the U.S. District Court for the Northern District of Texas issued a limited preliminary injunction and stay of the Federal Trade Commission’s noncompete final rule, holding that the FTC exceeded its statutory authority and violated the Administrative Procedure Act. The Court limited the scope of the injunctive relief to named plaintiff Ryan LLC and plaintiff-intervenors the Chamber of Commerce of the United States of America; the Business Roundtable; the Texas Association of Business; and the Longview Chamber of Commerce.

On June 28, the U.S. Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. ABC’s general counsel, Littler Mendelson, provided an analysis of the decision.

The U.S. Department of Labor’s Occupational Safety and Health Administration recently issued its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. OSHA’s proposed rule would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime and agriculture sectors where OSHA has jurisdiction and require employers to develop programs and implement controls to protect employees from heat hazards. Read ABC’s release on the proposed rule.