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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
Immigration
Employment
Union Organizing
Workplace Safety
Workforce Development

Appeals Court Declares Another NLRB Recess Appointment Invalid

The U.S. Court of Appeals for the Third Circuit May 16 ruled that President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) between March 2010 and January 2012 were unconstitutional. The ruling, which supports a Jan. 25 decision by the U.S. Court of Appeals for the D.C. Circuit invalidating the January 2012 recess appointments of Democrats Sharon Block and Richard Griffin, also invalidates the March 2010 recess appointment of Craig Becker.

U.S. Appeals Court Invalidates NLRB Poster Rule

ABC May 7 welcomed a decision by the U.S. Court of Appeals for the D.C. Circuit to invalidate the National Labor Relations Board’s (NLRB) “Notification of Employee Rights” notice posting rule. A three-judge panel struck down the 2011 rule, primarily on the grounds that it violated free speech rights afforded to employers under the National Labor Relations Act (NLRA).

NLRB Appeals Recess Appointment Decision to U.S. Supreme Court

The NLRB April 25 filed a petition with the U.S. Supreme Court to appeal a Jan. 25 ruling that the 2012 presidential recess appointments of three members to the board were unconstitutional.

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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.

E-Verify
H-2B Visa
Comprehensive Reform
News

E-Verify is system that electronically verifies the employment eligibility of newly hired employees.

E-Verify is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program.

E-Verify allows participating employers to electronically compare employee information taken from the Form I-9 (the paper-based employee eligibility verification form used for all new hires) against more than 425 million records in SSA's database and more than 60 million records in DHS immigration databases.

ABC and its members are strong opponents of the employment of unauthorized workers and has been a vocal advocate for comprehensive immigration reform. ABC also supports the E-Verify program as it was enacted by Congress in 1996 and subsequently reauthorized, i.e., a voluntary program expressly limited to the verification of social security numbers of new employees.

The U.S. Department of Labor (DOL) has targeted the H-2B program, on January 19, 2011 DOL issue a rule sought to artificially increase the wages rates for H-2B workers well above rational economic levels. Congress recognized that the rule was a threat to jobs and small businesses and prevented it from being implemented.

On March 18, 2011, DOL issued a rule that would make the program even more costly and complicated. A Florida Federal court issued a temporary injunction against this rule. In addition, both the Senate Committee on Appropriations and the House Committee on Appropriations approved legislation during the 112th Congress that would have blocked the rule from being implemented, but Congress adjourned without passing that appropriations bill.

Associated Builders and Contractors (ABC) supports the reform of U.S. Immigration Policy to facilitate a sustainable workforce for the American economy while ensuring our national security and prosperity. Once the economy is restored, the construction industry will face an ever growing problem of shortages, both of craft-professionals and legal laborers who have difficulty becoming citizens or obtaining the necessary work permits.

The overall process to obtain legal eligibility in the U.S. is slow and cumbersome. ABC supports a more streamlined expedited process to make the pathway to citizenship more efficient.

Amendment to Visa Program Could Improve Immigration Bill for Construction

ABC May 14 responded to the Senate Judiciary Committee mark-up of a section of the Border Security, Economic Opportunity and Immigration Modernization Act (S. 744) by supporting an amendment that would allow all industries, including construction, equal access to temporary worker visas.

DOL and DHS Issue “Emergency” Interim Final Rule on H-2B Program

On April 24, the U.S. Departments of Homeland Security (DHS) and Labor (DOL) jointly published an “emergency” interim final rule, effective immediately, on how the wages for temporary non-agricultural H-2B workers should be calculated.

Guest Worker Cap in Senate Immigration Plan Fails to Meet Construction Industry Needs

The U.S. Senate “Gang of Eight” April 16 unveiled a plan for comprehensive immigration reform that fails to include a guest worker program that would meet the needs of the construction industry.

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New I-9 Form Effective Now

Effective May 7, all employers are required to use the revised I-9 Form. Employers who fail to use the new form (revision date 03/08/13) after that date may be subject to penalties.

Deadline to Use New I-9 Form May 7

All employers are required to use the revised I-9 Form beginning May 7. Employers who fail to use the new form (revision date 03/08/13) on or after that date may be subject to penalties.

Proposed Worker Classification Survey Causes Concerns for ABC

ABC March 12 submitted comments in response to a Department of Labor information request regarding a proposed worker classification survey. According to DOL, the proposed survey would “collect information about employment experiences and workers’ knowledge of basic employment laws and rules so as to better understand employees’ experience with worker misclassification.”

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.

Right to Secret Ballot Election

The NLRB follows strict procedures to ensure a fair election, free of employer and union coercion. Under current law, employers are prohibited from making threats of reprisal or force and from promising benefits that might interfere with an election.

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ABC Calls Out NLRB, DOL Actions and PLAs During House Hearing

ABC Vice President of Federal Affairs Geoff Burr April 10 testified before the U.S. House of Representatives Appropriations Labor, Health and Human Services subcommittee during a hearing, “Regulatory Approaches to Foster Economic Growth.” In his testimony, Burr spoke on behalf of ABC and the ABC-led Coalition for a Democratic Workplace (CDW) about burdensome regulations and policies.

Union Membership in Construction Industry Reaches Near Historic Low

The U.S. Department of Labor’s Bureau of Labor Statistics (BLS) released a report showing a drop in union membership from 14 percent to 13.2 percent in the U.S. private construction industry from 2011 to 2012. Today 86.8 percent of the private construction workforce chooses not to belong to a union.

DOL Agenda Lists Imminent Actions on Persuader, OFCCP Affirmative Action Rules

The Department of Labor on Dec. 21, 2012, released an updated agenda outlining the regulatory activities of its sub-agencies for the next year. The agenda includes items on reporting requirements for labor consultants, employers and associations, and affirmative action in federal construction, among other issues.

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.

“Persuader” Reporting Requirements

Section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA) contains federal reporting and disclosure requirements regarding individuals and entities hired by employers “to persuade employees to exercise or not exercise or persuade employees as to the manner of exercising, the right to organize ...” Employers and so-called “persuaders” are obligated to file exhaustive reports with the U.S. Department of Labor (DOL), disclosing finances and other information if they engage in covered activity. These reports are available on the DOL website.

Right to Secret Ballot Election

The NLRB follows strict procedures to ensure a fair election, free of employer and union coercion. Under current law, employers are prohibited from making threats of reprisal or force and from promising benefits that might interfere with an election.

Right to Work

The purpose of Right to Work laws is not to eliminate unions, but rather to guarantee basic fairness for workers.

Salting Abuse

"Salting" abuse is the intentional placement of trained union professional organizers and agents in a merit shop facility to harass and/or disrupt company operations, apply economic pressure, increase operating and legal costs, and ultimately put the company out of business.

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OSHA Issues Final Rule on Cranes and Derricks in Demolition and Underground Construction

On April 23, OSHA issued a final rule that applies the requirements of the August 2010 cranes and derricks in construction standard to demolition and underground work. These areas were inadvertently omitted from the original rule.

OSHA States Unions Can Represent Nonunion Employees During Inspections

OSHA April 5 released an interpretation letter (dated Feb. 21) stating that nonunion employees can authorize an individual “affiliated with a union or a community organization” to act as their representative during agency-sanctioned inspections and other enforcement situations.

OSHA Issues New Safety Booklet on Preventing Falls From Ladders

OSHA has released a new bilingual English-Spanish booklet as part of their national campaign to prevent fatal falls titled, “Falling Off Ladders Can Kill: Use Them Safely.”

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DOL Agenda Lists Imminent Actions on Persuader, OFCCP Affirmative Action Rules

The Department of Labor on Dec. 21, 2012, released an updated agenda outlining the regulatory activities of its sub-agencies for the next year. The agenda includes items on reporting requirements for labor consultants, employers and associations, and affirmative action in federal construction, among other issues.

ABC Offers Updated Guidelines for Apprenticeship Standards

Capping off ABC’s celebration of craft training for the 75th anniversary of the passage of the National Apprenticeship Act, ABC is reminding its members that in November 2011, ABC updated its National Model Guidelines for Apprenticeship Standards to allow distance learning; competency- and technology-based language; a hybrid and interim credential carpentry program; and reduce payment of benefits as part of the wage and fringe benefits ratios.

Click here to read more articles on Workforce Development

Associated Builders and Contractors (ABC) is a national trade association representing 22,000 members from more than 19,000 construction and industry-related firms. Founded on the merit shop philosophy, ABC and its 72 chapters help members win work and deliver that work safely, ethically and profitably for the betterment of the communities in which they work.

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