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IIJA Buy America Rules Now in Effect; DOT Proposes New Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements READ MORE
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ABC News

IIJA Buy America Rules Now in Effect; DOT Proposes New Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements are now in effect for most federally funded infrastructure projects. The DOT proposed two narrower waivers that will exempt a limited number of projects from these requirements.

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Tell the NLRB To Abandon Its New Radical Joint Employer Rule

The ABC-led Coalition for a Democratic Workplace has created a grassroots toolkit to tell the National Labor Relations Board to abandon its radical joint employer proposed rule. The toolkit provides an explanation of the rulemaking and a ready-to-send letter to the NLRB explaining why the new joint employer standard would be disastrous. Take action now before the Dec. 7 comment deadline! ABC will also be submitting comments opposing the new rule.

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ABC Calls on Supreme Court to Reverse Intentional Destruction of Employer Property Case

On Nov. 8, ABC joined the Coalition for a Democratic Workplace and six other employer organizations in filing an amicus brief before the U.S. Supreme Court to request that the court reverse the judgment of the Washington Supreme Court in Glacier Northwest, Inc v. International Brotherhood of Teamsters. The Washington Supreme Court’s decision stated that the National Labor Relations Board preempts state tort suits, allowing unions and their supporters to intentionally destroy an employer’s property while claiming to be engaged in protected concerted activity.

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ABC Opposes New NLRB Representation Case Procedures Proposed Rule

On Nov. 3, the National Labor Relations Board issued a new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which would better protect employees’ statutory right of free choice on questions concerning representation.”

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ABC Fights for Merit Shop Priorities in Midterms: FEA Spends $2.7M; ABC PAC Spends $1.6M

Since August, ABC’s Free Enterprise Alliance has spent $2.7 million on get-out-the-vote campaigns and—separately—issue advocacy. Additionally, ABC PAC raised $1.7 million and contributed $1.6 million directly to federal candidates that believe in free enterprise and open competition, placing ABC among the most politically active trade associations in the nation over the 2021-2022 election cycle.

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ABC-Led Coalition Requests Extension on IRS/Treasury Davis-Bacon and Registered Apprenticeship Mandates

On Oct. 31, an ABC-led coalition of 22 construction and energy groups sent a letter to the U.S. Department of the Treasury and Internal Revenue Service requesting a 60-day extension of the Nov. 4 deadline in response to their request for comments regarding implementation of the Inflation Reduction Act. Specifically, the agencies requested comments on Davis-Bacon and government-registered apprenticeship requirements for applicable clean energy construction projects. A previous extension request by ABC has received no response.

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ABC Opposes GSA Final Rule Allowing Union Organizing of Contractors on Federal Property

On Nov. 1, ABC submitted comments opposing the General Services Administration’s Sept. 2 final rule to allow unions access to federal property for the purpose of soliciting membership from the employees of federal contractors. Previously, these activities were barred by a general prohibition on soliciting, posting and distributing materials in or on federal property controlled by the GSA.

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SBA to Hold Virtual Roundtable on DOL Independent Contractor Proposal

On Oct. 25, the U.S. Small Business Administration Office of Advocacy announced that it is hosting a virtual roundtable to gather input from small businesses on the U.S. Department of Labor’s new independent contractor proposed rule on Wednesday, Nov. 9, from 3-5 p.m. ET. ABC plans to participate in the roundtable. ABC members interested in attending are encouraged to RSVP to [email protected] to receive participation details.

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Survey Closes Oct. 31: Treasury and IRS Request Comments on IRA Davis-Bacon and Apprenticeship Requirements

On Oct. 5, 2022, the U.S. Department of Treasury and Internal Revenue Service issued a request for comments regarding implementation of the Inflation Reduction Act, notably on Davis-Bacon and apprenticeship requirements. The legislation, opposed by ABC, was signed into law on Aug. 16, 2022, and provides over $369 billion in tax credits for the construction of solar, wind, hydrogen, carbon sequestration, electric vehicle charging stations and other clean energy projects.

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ABC Participates in SBA Roundtable and Expresses Concerns About NLRB’s Joint Employer Proposal

On Oct. 20, ABC participated in the U.S. Small Business Administration’s Office of Advocacy virtual roundtable on the National Labor Relations Board joint employer proposed rule. ABC expressed disappointment that the NLRB is once again revising its standard for determining joint-employer status, which will cause great confusion among construction contractors, specifically small business owners.

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