In the Proposed Rules section, you will find federal rulemaking proposals of critical importance to the merit shop construction industry. For each proposed rule, we have identified the primary agency involved, listed the title of the proposed rule, provided a brief summary of the agency's intentions, and noted dates of publication and deadlines for public comment.
For ABC's responses to proposed federal regulations since 2007, please visit the Regulatory Affairs Comments page.
Department of Labor; Office of Labor-Management Standards
On June 21, 2011, the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) published a notice of proposed rulemaking to reinterpret what constitutes “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA).
The proposal will have a substantial impact on employers and the attorneys and consultants they hire to assist them before and during union organizing campaigns. The proposal may also impact advice given to employers outside the context of union organizing campaigns. The proposal will make it more difficult for employers to get advice about critical aspects of labor relations, and may also have an impact on ABC efforts to advise contractor members on labor issues of vital concern to them and their employees in the future.
Please note that this is only a proposed rule at this stage. DOL is accepting written reaction and recommendations from stakeholders and the public. ABC has serious concerns about the proposal and plans to file a formal response, which will be available at abc.org/comments.
An official summary of the proposal is available on the DOL-OLMS website.
For more on the proposal, visit ABC Newsline.
Read DOL's Proposal to Reinterpret the LMRDA's Advice Exemption
National Labor Relations Board
On June 22, 2011, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking to overhaul the procedures it follows before and after union representation elections.
The proposal will have a substantial impact on employers before, during and after the union representation election process. These new procedures could result in "ambush" union representation elections within 10-20 days of a union filing for an election. This would significantly impede an employer's ability to make available facts and information regarding union representation--which, in turn, increases the likelihood of union victories by way of a misinformed electorate.
Please note that this is only a proposed rule at this stage. The NLRB is accepting written reaction and recommendations from stakeholders and the public. ABC has serious concerns about the proposal and plans to file a formal response, which will be available at abc.org/comments.
An official summary of the proposal is available on the NLRB website.
For more on the proposal, visit ABC Newsline.
Read the NLRB's Proposal to Revise Representation Case Procedures
The Departments of Health and Human Services, Labor and Treasury have begun issuing interim final rules to implement provisions of the Patient Protection and Affordable Care Act (PPACA). Full details on these rulemakings can be found on ABC's Final Rules page.
- When a federal agency believes it has good cause to issue a final rule (also referred to as a final regulation) without first publishing a proposed rule or soliciting public comments, it characterizes the rule as an interim final rule, or interim rule. This type of rule becomes effective immediately upon publication, and only afterward are public comments sought.
- In most cases, the agency stipulates that it will alter the interim rule if warranted by based upon compelling public feedback and comments. If the agency decides not to make changes to the interim rule, it generally will publish a brief final rule in the Federal Register confirming the original rule.