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Politics & Policy
ABC’s October Regulatory Roundup—Learn About the Latest Developments Affecting the Construction Industry
ABC’s September Regulatory Roundup—Learn About the Latest Developments Affecting the Construction Industry
ABC Disappointed in NLRB’s Cemex Decision
Safety
ABC Expresses Serious Concerns to Congress About OSHA Worker Walkaround Rule
Build Health and Safety Engagement Through Leadership Commitment and Metrics Tied to Leading Indicators
Is Your PPE and Mobile Equipment as Safe as You Think It Is?
Events/Products/Programs
Nearly 350 ABC Leaders Gather in Washington for Annual Legislative Conference
ABC Members Rank Among ENR’s Top 400 Contractors
Trades Day: Industry Outreach Opportunity With Meaning
State/Local News
Ed Capodanno Honored by Delaware State Legislature
Election Update: ABC Staff and Members Elected in 2022
California Targets Workplace Cannabis Testing
Awards
Graham Roofing Earns the AQC Credential in September
ABC's Construction Executive Magazine Wins Silver in Publishing Competition
Legislation
ABC-Supported Legislation To Overturn the Northern Long-Eared Bat’s Endangered Species Listing Heads to President Biden’s Desk
ABC Advocates for Solutions to Workforce Shortage at U.S. House Committee Roundtable
Smucker Introduces the ABC-Supported Main Street Tax Certainty Act
Regulations
ABC Launches Resources for Contractors Competing for CHIPS Act Projects
Workforce Development
Register Now for ABC’s Construction Inclusion Week Webinar Series
DOL High Road Workforce Development Program Map Snubs Nonunion Programs
LISTEN: How to Design an Effective Technology Adoption Strategy
On Sept. 14, the National Labor Relations Board published a proposed rule that would establish an updated standard for determining joint-employer liability under the National Labor Relations Act. According to an NLRB press release, the proposal aims to foster predictability, consistency and stability in the determination of joint-employer status, and therefore clarifies the standard in a way that promotes meaningful collective bargaining and advances the purposes of the NLRB. Under the proposal, an employer may be found to be a joint employer only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine. The “essential terms and conditions of employment” that establish a joint-employer relationship include the ability to hire, fire, discipline, supervise and direct employees of a second employer, according to an analysis published by ABC’s General Counsel, Littler Mendelson P.C. The analysis also discusses the significance of understanding an employer’s joint-employer status, saying it can affect bargaining with a union representing jointly employed workers, joint and several liability for unfair labor practices committed by the other employer and labor picketing. ABC plans to submit comments to the NLRB. The public may submit comments on the proposed rule here; the deadline for submitting comments is Nov. 13. Background On Aug. 27, 2015, the Obama NLRB issued a decision in Browning-Ferris Industries, which uprooted more than 30 years of precedent and greatly expanded joint-employer liability under the NLRA. The decision imposed unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry. In December 2017, however, the Trump NLRB attempted to reverse BFI in the Hy-Brand case. Unfortunately, in February 2018, the board vacated the Hy-Brand decision for procedural reasons. Thus, BFI is once again the NLRB standard. ABC has been a vocal opponent of the expanded definition of joint employer, and has supported legal and legislative efforts to restore the standard that was in place for more than 30 years.