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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.



ABC, CDW Raise Alarm on NLRB, EEOC Conflicts

On May 9, ABC and the Coalition for a Democratic Workplace sent a letter to the Senate Health, Education, Labor and Pensions Committee to voice concerns with the current tension between federal anti-discrimination laws and federal labor relations laws as implemented by the National Labor Relations Board and its general counsel.

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ABC Joins Amicus Brief on NLRB’s Employer Handbook Rules

On March 7, the ABC-led Coalition for a Democratic Workplace filed an amicus brief in Stericycle, a case in which the National Labor Relations Board is considering changing the way it reviews employer handbook rules to determine if they violate workers’ rights to collectively bargain. On Jan. 6, the board invited parties and amici to submit briefs. ABC along with several other organizations joined the brief.

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CDW Pushes Back on NLRB Independent Contractor Case, Conflicts of Interest

On Feb. 11, the ABC-led Coalition for a Democratic Workplace filed an amicus brief before the National Labor Relations Board in The Atlanta Opera, a case dealing with the independent contractor standard.

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National Labor Relations Board

Immediately after taking office, President Biden fired incumbent NLRB general counsel Peter Robb, a move without precedent since the establishment of the Independent Office of General Counsel to the NLRB in 1947.

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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.

ABC and Members of Congress Slam Biden’s PLA Executive Order in Congressional Hearing

On April 27, ABC sent a letter to a congressional subcommittee warning of the negative impacts of imposing government-mandated project labor agreements on infrastructure spending. 

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OFCCP Issues Directive Rescinding Trump Administration Transparency Initiatives

On March 31, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced new directive 2022-02: Effective Compliance Evaluations and Enforcement, which rescinds directives issued under the Trump administration aimed at increasing the certainty, efficiency and transparency of the department’s operations for the contractor community.

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ABC Advocates for Worker Freedom, Against PLAs in Letter to Congress

On March 30, ABC sent a letter to a Congressional subcommittee cautioning that more regulations and less worker freedom, combined with the construction industry shortage of 650,000 workers in 2022, will make it harder to fill any jobs created by the $1.2 trillion Infrastructure Investment and Jobs Act of 2021.

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DOL Issues Paid Sick Leave Final Rule for Federal Contractors

On Sept. 30, the DOL’s Wage and Hour Division issued a final rule requiring certain federal contractors to offer employees up to seven days (56 hours) of paid sick leave annually, including paid leave for family care.  The paid sick leave required by the final rule is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA).  Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the final rule. 

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ABC Files Comments on New Paid Sick Leave Requirement for Fed Contractors

On April 12, ABC submitted comments in response to the U.S. Department (DOL) of Labor Wage and Hour Division’s proposed rule on establishing paid sick leave for federal contractors. The proposed rule requires certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. The paid sick leave required by the proposal is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA). Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the proposed rule.

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ABC Comments on EEOC’s Proposed Revisions to the EEO-1 Report

On April 1, ABC submitted comments in response to the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed revisions to the Employer Information Report (EEO-1), which would require employers with 100 or more employees to provide data on W-2 pay and hours worked, beginning in 2017. ABC urged the EEOC to withdraw the proposal because it imposes an unjustified burden on employers, fails to generate useful and reliable information to combat pay discrimination, and fails to protect the confidentiality of the information. 

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Independent Contractors

The ABC-opposed and House-passed PRO Act (H.R. 842/S. 420) includes a provision making it significantly more difficult for a worker to operate as an independent contractor.

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Right to Secret Ballot Election

Currently, the preferred method for determining whether employees want union representation is a secret ballot election, overseen by the National Labor Relations Board.

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Action Alert: Tell Your Lawmakers to Oppose Job-Killing Provisions in the America COMPETES Act and USICA

Earlier this month, the U.S. House and Senate established a conference committee to continue debate on the House-passed H.R. 4521, the America COMPETES Act, and the Senate-passed S. 1260, the United States Innovation and Competition Act. Both bills contain troubling, restrictive labor policies that would dilute the effectiveness of the legislation and limit opportunities for much of the construction industry to participate in new programs authorized under these bills. 

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CDW Pushes Back on NLRB Independent Contractor Case, Conflicts of Interest

On Feb. 11, the ABC-led Coalition for a Democratic Workplace filed an amicus brief before the National Labor Relations Board in The Atlanta Opera, a case dealing with the independent contractor standard.

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ABC, Coalition Support the Fair and Open Competition Act in Letter to Congress Opposing PLA Mandates

On Feb. 23, ABC and a coalition of 19 associations and organizations representing the construction industry and business community sent Congress a letter of support for the Fair and Open Competition Act (S. 403/H.R. 1284), sponsored by Sen. Todd Young, R-Ind. and Rep. Ted Budd, R-N.C.

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ABC Slams Persuader Rule: DOL Proposal Designed to Silence Employers

Associated Builders and Contractors (ABC) today issued the following statement in response to the release of the U.S. Department of Labor’s (DOL) final “persuader rule.” The rule will greatly limit the ability of employers, particularly small businesses, to obtain advice from labor relations experts, and in turn deprive employees of their right to obtain balanced information about union representation.

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West Virginia Enacts Prevailing Wage Repeal and Right to Work

On Feb. 12, the West Virginia Legislature voted to override Gov. Earl Ray Tomblin’s vetoes of  a prevailing wage repeal bill and the West Virginia Workplace Freedom Act, making West Virginia the 26th Right to Work state in the country and the fourth state to pass Right to Work since 2012. 

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Right to Secret Ballot Election

Currently, the preferred method for determining whether employees want union representation is a secret ballot election, overseen by the National Labor Relations Board.

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Right to Work

Employees in 27 states enjoy the benefits of right-to-work laws prohibiting employers from requiring employees to join unions as a condition of employment, incentivizing competition and producing a better work environment for businesses and workers.

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Salting Abuse

Salting is not merely an organizing tool—it has become an instrument of economic destruction aimed at nonunion companies.

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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.

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ABC and Members of Congress Slam Biden’s PLA Executive Order in Congressional Hearing

On April 27, ABC sent a letter to a congressional subcommittee warning of the negative impacts of imposing government-mandated project labor agreements on infrastructure spending. 

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ABC Opposes OSHA’s Proposal to Include Construction Industry in Final Rule on COVID-19 in Health Care Settings

On April 22, ABC, as a steering committee member of the Construction Industry Safety Coalition, submitted comments in response to the Occupational Safety and Health Administration’s request for additional comment on its “potential provisions or approaches” to a final Occupational Exposure to COVID-19 in Healthcare Settings rule. CISC opposes OSHA’s proposal to expand coverage under any promulgated final rule and include certain construction work in health care settings.

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Register Today for DOL’s Listening Sessions on Overtime Rule and Heat-Related Hazards

The U.S. Department of Labor’s Wage and Hour Division previously announced that it is reviewing its overtime regulations. DOL is now offering five regional virtual listening sessions in May and June and would like to hear feedback from employers on possible revisions to the regulations. Learn more about the dates, times and how to register for the virtual regional meetings.

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Associated Builders and Contractors Files Suit Against ‘Blacklisting’ Rule

Associated Builders and Contractors (ABC) and its ABC Southeast Texas Chapter announced that they have filed a lawsuit challenging the Fair Pay and Safe Workplaces final rule, commonly referred to as the “blacklisting” rule, which was released Aug. 25, 2016. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas, Beaumont Division, by the Texas office of Littler Mendelson, P.C., ABC National’s general counsel. The firm will represent ABC, the ABC Southeast Texas Chapter and the National Association of Security Companies (NASCO) in the lawsuit.

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Two-Year Budget Deal Signed by President Obama Carries Implications for Contractors

President Obama Nov. 2 signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which suspended the application of the debt limit until March 2017 and ensured that the United States would meet its financial obligations. The deal was approved by a bi-partisan group of legislators the Unites States Senate Oct. 30 and the House of Representatives on Oct. 28. 

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OSHA’s Confined Spaces in Construction Rule in Full Effect

Employers can now be cited for not complying with the Occupational Safety and Health Administration’s (OSHA) confined spaces in construction final rule. A temporary enforcement policy of not issuing citations--provided employers made good-faith efforts to comply--expired on Oct. 2. 

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OSHA Releases Guide on Safety and Health Training For Workers

OSHA Aug. 4 released a guide titled, “Training Requirements in OSHA Standards,” that compiles information related to the agency’s mandatory safety and health training for workers into a 266-page document that is divided into five chapters, including one focused on construction safety training.

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OSHA Issues New Employer Recordkeeping Proposal

OSHA July 29 issued a proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries and illnesses.

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OSHA Reform

ABC is committed to promoting healthy and safe work environments. ABC understands the importance of common-sense regulations based on sound evidence and scientific analysis with appropriate consideration paid to implementation costs and input from employers. Many ABC companies have implemented safety programs that are among the best programs in the industry, often far exceeding legal requirements.

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The No-Cost Workforce Development Management System Is Live

The ABC Workforce Development Management System was created to evaluate such programs and validate what each organization is already doing or identify areas for enhancement. It is a no-cost, easy-to-use assessment designed to assist users with a self-evaluation of their workforce development program, using 11 key components of world-class programs.

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ABC to FHWA: Welcome All Qualified Firms and Workers to Build EV Charging Stations

On Jan. 28, ABC submitted comments to the Federal Highway Administration on behalf of member contractors who install and perform work related to electric vehicle charging stations and other alternative clean energy fuel stations. ABC said needlessly excluding all contractors and workers who do not participate in the Electric Vehicle Infrastructure Training Program and/or government-registered apprenticeship programs from building EV charging station and alternative fuel projects could be problematic.

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Language in Clean Energy Tax Credit Overhaul Bill Would Chill Competition From Merit Shop Contractors

On May 4, ABC sent a letter to the U.S. Senate Finance Committee Chair Ron Wyden (D-Ore.) raising concerns about provisions in the Clean Energy for America Act that would expand new government-registered apprenticeship program requirements and Davis-Bacon prevailing wage regulations onto the construction of projects receiving clean energy tax incentives. ABC is troubled by provisions in the legislation that will needlessly increase construction costs and reduce competition from qualified companies and their skilled employees who participate in the construction of the clean energy marketplace.

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Apprenticeship/Job Training

ABC believes all American workers, regardless of labor affiliation, should enjoy equal access to critical job training.

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