Newsline

Treasury and IRS Release Unclear Guidance on IRA Tax Credits, Davis-Bacon and Apprenticeship Requirements

On Nov. 30, the U.S. Treasury Department and Internal Revenue Service released guidance regarding tax credits for private clean energy projects funded by the Inflation Reduction Act conditioned on compliance with prevailing wage and government-registered apprenticeship requirements. Treasury and the IRS also released FAQs to provide additional information on the prevailing wage and apprenticeship requirements.

FAR Council Proposes Rule Requiring Emissions Disclosures and Reductions for Federal Contractors

On Nov. 14, the Federal Acquisition Regulatory Council issued a proposed rule to amend the Federal Acquisition Regulation to require certain federal contractors to disclose their greenhouse gas emissions and set GHG emission reduction targets.

Under the proposed rule, federal contractors who qualify as significant contractors, (those receiving between $7.5 million and $50 million in federal contracting obligations in the prior fiscal year) would be required to inventory their annual GHG emissions and disclose this information to the federal government.

ABC Submits Comments Supporting DOT Buy America 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.

NLRB Extends Comment Deadline for Representation-Case Procedures Proposed Rule

On Nov. 22, the ABC-led Coalition for a Democratic Workplace requested that the National Labor Relations Board issue a 30-day extension to the comment period for the board’s new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. On Nov. 29, the NLRB announced it is extending the comment deadline from Jan. 3 to Feb. 2, 2023. ABC will be filing comments opposing the proposed rule.

Election Update: ABC Staff and Members Elected in 2022

With essentially all House races called, Republicans are on pace to hold the House majority by approximately the same margin that Democrats enjoyed in the 117th Congress—around five seats. On the heels of Democrat John Fetterman’s defeat of Dr. Mehmet Oz, Republican, to flip retiring Republican Sen. Pat Toomey’s seat in Pennsylvania, Democrats will return to the Senate majority.

House Approves Measure To Avoid Freight Rail Strike, Backs Paid Leave Resolution

On Nov. 30, the U.S. House of Representatives voted in favor of legislation to end a labor standoff that threatened a stoppage of rail service and a labor strike that would have a significant impact on the U.S. economy and lead to further inflationary pressure. Lawmakers voted 290-137 on H.J. Res. 100 to use their authority in the Railway Labor Act to force the adoption of the National Tentative Agreement reached in September. The House also approved H. Con. Res. 119 by a vote of 221-207, which would provide seven days of paid sick leave for the rail workers covered in the agreement.

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.

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.

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.

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.”