Newsline

In a letter to Labor Secretary Thomas Perez, ABC Feb. 19 strongly criticized the U.S. Department of Labor’s (DOL) “persuader” reporting rule that would change the long-standing interpretation of “advice” under federal labor law. ABC, along with 53 other employer organizations, reiterated its strong opposition to proposal, while highlighting additional concerns.

U.S. House of Representatives Ways and Means Committee Chairman Dave Camp (R-MI) Feb. 26 released a draft of legislation designed to reform the tax code that proposes lowering the top tax rate for construction businesses from 35 percent and 39.6 percent to 25 percent, regardless of entity-level structure. The proposal confirms that the 25 percent Qualified Domestic Manufacturing Income (QDMI) rate would apply to “construction of real property in the United States as part of the active conduct of a construction trade or business.”

More than 800 attendees participated in Merit Week Feb. 11-12 in Maui, Hawaii, where they took advantage of learning and networking at ABC’s BizCon and Merit Canada’s International Open Shop Conference, and celebrated the achievements of the winners during the Excellence in Construction Awards.

Construction industry professionals and ABC chapter staff have until March 7 to take advantage of the early bird registration rates offered for the 2014 Workforce Development Conference April 29-May 2 in Birmingham, Ala.

The U.S. Navy’s Naval Facilities Engineering Command (NAVFAC) Pacific Acquisition Department is soliciting responses to a survey issued regarding the potential use of a government-mandated project labor agreement (PLA) on a federal contract for the Marine Corps Base in Kaneohe Bay, Hawaii. In addition, the U.S. Army Corps of Engineers (USACE) Omaha District is seeking comments from the construction community addressing the potential use of a PLA within the Colorado Springs Metropolitan Statistical Area which includes Fort Carson and the U.S. Air Force Academy. 

A Southwest Missouri school district was the first local government entity in the state to take advantage of the changes made to Missouri’s prevailing wage law in an effort to lower construction costs on potential new construction projects.

The nation's highest tax court decided last week a contentious construction accounting case in favor of the taxpayer, a California homebuilder, that had been in a decade-long dispute with the IRS over the use of the completed contract method (CCM). While in this case the builder is a residential developer, the precedent may have a broader impact for the tax treatment of long-term construction contracts. 

As part of an effort to expand its existing Lead Paint Renovation and Repair Painting rule to include public and commercial buildings, the Environmental Protection Agency (EPA) Dec. 6 proposed to issue a related information collection request (ICR) to general contractors. As part of the Commercial Properties Coalition, ABC submitted comments Feb. 4 offering suggestions related to the scope and clarity of the questions in the ICR and the burden it will place on respondents with respect to time and cost.

Ten members of Ironworkers Local 401, Philadelphia, Pa., were indicted and have been arrested for allegedly participating in a conspiracy to commit criminal acts of extortion, destruction of property, and assault in order to force nonunion construction contractors to hire union ironworkers. In addition, the indictment included the $500,000 in damages at ABC member E. Allen Reeves, Inc.’s Chestnut Hill Friends Meeting House project in 2012 as one of the crimes allegedly committed by the defendants.

A health care alert from Washington Council Ernst & Young on the final rule implementing the employer mandate provisions under the health care law is available for ABC members. The health care alert provides an overview of key provisions included in the final rule and also outstanding issues. 

Seven ABC member companies, representing 20 chapters, were ranked in Fortune Magazine’s annual “Top 100 Companies to Work For” list. They include: Edward Jones, DPR Construction, Plante Moran, Baker Donelson, PCL Construction, Ernst & Young, TDIndustries and Kiewit Corporation.

ABC Feb. 13 signed a joint resolution outlining a partnership and commitment to free enterprise and the merit shop philosophy with Merit Canada, the voice of Canada's eight provincial open shop construction associations. 

More than 600 ABC members joined ABC in submitting comments to OSHA requesting it withdraw its proposed rule that would drastically lower the permissible exposure limit (PEL) of crystalline silica for the construction industry. The proposal also would require contractors to implement engineering controls and follow several “ancillary” provisions, such as exposure monitoring, medical surveillance and the establishment of regulated areas. 

OSHA issued a notice of proposed rulemaking Feb. 10 to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. 

ABC Feb. 11 congratulated the winners of the 24th annual Excellence in Construction Awards– the industry’s leading competition, where the top construction projects and the firms that displayed exemplary commitment to safety and diversity in 2013 were recognized during the awards celebration at the Grand Wailea in Maui, Hawaii.

ABC's Workforce Development Conference, April 29-May 2, Birmingham, Ala., has been reinvented to allow attendees to create a unique schedule based on their specific interests and training needs. The event will feature more than 40 educational sessions via six tracks: management and implementation, safety, workforce development, increasing productivity, emerging technologies and association management. It also will feature courses on ABC’s Project Virtual and preconference workshops on safety, lean construction and the 2014 National Electrical Code. 

The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) Feb. 10 issued a final rule implementing the employer mandate provisions included in the Affordable Care Act (ACA). The final rule makes some changes to the proposed rule issued in December 2012, including phasing in provisions for businesses with 50 to 99 full-time employees and those that offer coverage to most but not yet all of their full-time workers. Generally, ACA mandates that employers with 50 or more full-time equivalent employees offer a certain level of health coverage or be subject to new taxes. A fact sheet issued by the Treasury provides an overview of the phase-in included in the fi

Interstates Companies, Sioux Center, Iowa, was named Associated Builders and Contractors’ (ABC) 2013 Contractor of the Year during the 24th annual Excellence in Construction Awards ceremony, which was held Feb. 11 in Maui, Hawaii. 

During the last presidential campaign, then-candidate Barack Obama proudly told audiences, “We need to strengthen our unions by letting them do what they do best—organize our workers … That's why I am fighting to pass the Employee Free Choice Act (EFCA)…We'll make it the law of the land when I'm president.” When Democrats took the White House and held onto Congress in November 2008, Obama’s promise seemed all but certain. However, EFCA, also known as “card check,” met with quick and persistent resistance from both sides of the aisle. The passage of EFCA, which at one time seemed inevitable, stalled

As expected, the National Labor Relations Board (NLRB) Feb. 5 reissued a proposed rulemaking that will reduce the amount of time between when a union files a representation petition and an election takes place from the current average of 38 days to as few as 10. 

The Los Angeles district of The U.S. Army Corps of Engineers (USACE) is requesting comments from the construction industry on the potential use of a project labor agreement (PLA) on the Asphalt and Concrete Pavement Repairs and New Improvements primarily at Edwards Air Force Base in Kern County, Calif. 

ABC General Counsel Maurice Baskin Feb. 4 testified before the U.S. House of Representatives Subcommittee on Workforce Protections during a hearing titled, “OSHA’s Regulatory Agenda: Changing Long-Standing Policies Outside the Public Rulemaking Process.” On behalf of ABC and the National Association of Manufacturers (NAM), Baskin addressed a Feb. 21, 2013, letter of interpretation (LOI) from OSHA allowing union agents and community organizers for the first time to accompany safety inspectors into nonunion facilities, as long as an unspecified (non-majority) number of employees in the nonunion work place designate one.

ABC chapters and members can honor a Craft Professional or Craft Instructor by submitting a nomination for the 2014 Craft Professional of the Year (CPOY) and Craft Instructor of the Year (CIOY) Awards by March 7. The CPOY winner will receive a brand-new truck and the CIOY winner will receive a cash prize May 2 at ABC’s Careers in Construction Awards Ceremony.

An updated summary of employer requirements under the Patient Protection and Affordable Care Act (PPACA) is available for ABC members in a reference document provided by Washington Council Ernst & Young. The document is available on the health care law employer tool kit (login required) on ABC’s website.