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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.



ABC and Business Community Ask for Delay of "Persuader" Rule

ABC, as part of a coalition representing more than 50 employer organizations, sent a letter Dec. 18 to the Office of Information and Regulatory Affairs (OIRA) urging them to delay issuing the Department of Labor’s (DOL) final persuader rule until it finalized a rulemaking scheduled for later this year that will make significant changes to Form LM-21, which employers are required to file when they hire a persuader. The final “persuader” rule is currently under review at OIRA.

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Take Action: Tell Congress to Support the “Protecting Local Business Opportunity Act”

ABC is encouraging all members to call on their Senators and Representatives to co-sponsor and support the “Protecting Local Business Opportunity Act” (S. 2015/ H.R. 3459). This important legislation will help provide additional stability for contractors, subcontractors and their employees by restoring the 30 year old “joint employer” standard, encouraging local business ownership and employee opportunity.

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Legislation Introduced to Counteract “Joint Employer” Ruling

A group of lawmakers Sept. 9 introduced ABC-supported legislation to help restore the “joint employer” standard under the National Labor Relations Act that has been in place for over 30 years. The standard was overturned by the National Labor Relations Board (NLRB) in its Aug. 27 ruling in the Browning-Ferris Industries of California case.

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National Labor Relations Board

The five-member National Labor Relations Board (NLRB) 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, but under the Obama administration it has promoted the narrow policy goals of politically powerful unions.

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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.

White House Issues Paid Sick Leave Executive Order Targeting Federal Contractors

At a Labor Day rally before union members in Boston on Sept. 7, President Obama unveiled a new executive order requiring federal contractors to offer employees up to seven days of paid sick leave.

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NLRB Allows Use of Corporate Email Systems for Union Organizing

The National Labor Relations Board (NLRB) issued a 3-2 split decision along party lines Dec. 11, stating that employees are permitted, except in very limited circumstances, to use corporate email systems during non-work time for union organizing (Section 7 activities). The Board’s decision overturns the 2007 decision in Register Guard. 

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Persuader Rule and Overtime Requirements Top the DOL’s Regulatory Agenda

In addition to the OSHA and federal contracting regulations, the latest regulatory agenda, released Nov. 21, outlines the Department of Labor’s (DOL) plan to move forward with the controversial persuader rule and overtime requirements among other important rules affecting the construction industry.

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Independent Contractors

Independent contractors are an important part of the construction industry due to its fluctuating work demands and are often 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

All workers, in every industry, deserve the fundamental American right to a federally supervised secret ballot election. This right is guaranteed when voting in political elections; there is no reason it should be surrendered in the workplace.

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Pennsylvania Governor Signs Bill to Prevent Union Violence

On Nov. 5, Gov. Tom Wolf (D-Pa.) signed Act 59 of 2015 into law, officially eliminating exemptions for offenses of stalking, harassment, and threats of weapons of mass destruction from the Pennsylvania Crimes Code. Under previous law, individuals could not be charged with these offenses if it was found they were associated with a labor dispute.

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Resolution to Stop Ambush Election Rule Passes U.S. Senate

A joint resolution to halt the National Labor Relations Board’s (NLRB) controversial ambush election rule passed the U.S. Senate March 4 by a vote of (53-46) after being introduced by Sen. Lamar Alexander (R-Tenn.), ABC supported the bill, and sent a letter to each Senator urging its passage and informing them that ABC would consider the vote as a key vote on its 114th Congressional Scorecard.

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Resolution to Halt Ambush Election Rule Introduced in Congress

A group of Congressmen Feb. 9 wrote a joint resolution Feb. 9 that would stop the implementation of the National Labor Relations Board (NLRB) ambush election rule. The resolution was introduced by Sen. Lamar Alexander (R-Tenn.) and Rep. John Kline (R-Minn.), with the support of House Speaker John Boehner (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Ky.). Sen. Alexander is chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions and Rep. Kline is chairman of the U.S. House of Representatives Committee on Education.

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“Persuader” Reporting Requirements

The U.S. Department of Labor (DOL) plans to finalize a new rule designed to eviscerate employers’ rights to free speech, freedom of association and legal counsel. Known as the “persuader” rule, this pending change will have a profound chilling effect on labor relations advice for employers, and in turn deprive employees of their right to obtain balanced information about union representation.

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Right to Secret Ballot Election

All workers, in every industry, deserve the fundamental American right to a federally supervised secret ballot election. This right is guaranteed when voting in political elections; there is no reason it should be surrendered in the workplace.

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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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Employers Must Post OSHA Injury/Illness Form by Feb. 1

ABC is reminding its contractor member firms that their 2015 Occupational Safety and Health Administration (OSHA) Form 300A work-related injury and illness log summaries must be posted in a visible spot on all construction sites from Feb. 1 through April 30. 

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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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New Version of OSHA’s Required Job Safety Poster Now Available

OSHA released its latest version of their “Job Safety and Health—It's The Law!” poster April 29 which employers must display if covered by the OSH Act or be subjected to citations or penalties if they fail to do so. Employers do not need to replace previous versions of the poster. The poster is free and can be downloaded on OSHA’s website. 

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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

Exceptional jobsite safety and health practices are inherently good for business. Unfortunately, the anti-employer agendas of some members of Congress, and the Occupational Safety and Health Administration’s (OSHA) emphasis on aggressive enforcement and burdensome and unnecessary rulemakings, are eroding the potential for successful, collaborative efforts with employers to make workplaces safer.

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Persuader Rule and Overtime Requirements Top the DOL’s Regulatory Agenda

In addition to the OSHA and federal contracting regulations, the latest regulatory agenda, released Nov. 21, outlines the Department of Labor’s (DOL) plan to move forward with the controversial persuader rule and overtime requirements among other important rules affecting the construction industry.

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Find Out Why WIOA Becoming Law is Huge News for ABC Members

The Workforce Innovation and Opportunity Act (WIOA) was signed into law July 22 and has the potential to create great opportunities for ABC members who have been looking for skilled workers to fill the labor shortage. Here’s how it directly affects ABC members:

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DOL’s Latest Regulatory Agenda Highlights Apprenticeship, Affirmative Action, Overtime

In addition to providing updates on numerous OSHA rulemakings and the controversial proposal to narrow the “advice” exemption for persuaders and other labor relations advisors, the U.S. Department of Labor (DOL) released updated timeframes for pending rules addressing apprenticeship, affirmative action and the classification of independent contractors. In addition, the agency laid out for the first time its plan to issue a new proposed rule regarding overtime eligibility.

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Workforce Development

The construction industry provides good, well-paying jobs to American workers every year. To qualify for many of these jobs, however, workers need high-quality, flexible skilled training.

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