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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 Supports Voter List Information Revision in NLRB Election Proposal

On Sept. 28, ABC submitted comments to the National Labor Relations Board on its proposed rule amending the agency’s representation election regulations under the National Labor Relations Act. Additionally, the ABC-led Coalition for a Democratic Workplace submitted comments in support of the NLRB’s proposal, officially titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave.

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NLRB Members Kaplan and McFerran Sworn in for Second Term

On Aug. 10, Marvin Kaplan (R) and Lauren McFerran (D) were sworn in for their second terms on the National Labor Relations Board. ABC supported Kaplan’s nomination to serve a second term and sent a letter to Senate leadership encouraging his confirmation.

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NLRB Issues Proposal on Employee Privacy and Absentee Ballots for Workers on Military Leave

On July 29, the National Labor Relations Board issued a proposed rule titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave, which proposes two amendments to the representation election regulations under the National Labor Relations Act.

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National Labor Relations Board

The five-member National Labor Relations Board is tasked with interpreting and enforcing the National Labor Relations Act. The agency is supposed to serve as a neutral arbiter of federal labor law.

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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.

EEOC to Open EEO-1 Component 1 Data Collection for 2019 and 2020

The U.S. Equal Employment Opportunity Commission announced that the 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021, and the deadline for filing this data will be Monday, July 19, 2021.

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Biden Infrastructure Plan Rife With ABC-opposed Labor Policies

On March 31, the Biden administration released a more than $2 trillion infrastructure outline titled the “American Jobs Plan.” While the plan calls for federal spending over the next eight years to improve the nation’s infrastructure, including for transportation, broadband, energy, and drinking water, it also includes funding for schools and child-care facilities, affordable housing, workforce development and manufacturing.

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DOL Expands Eligibility of State Unemployment Insurance Programs

On Feb. 25, the U.S. Department of Labor’s Employment and Training Administration issued updated guidance for the Pandemic Unemployment Assistance program, expanding eligibility for workers who may be able to participate.

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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

Independent contractors are an important part of the construction industry due to its fluctuating work demands, and they often are the answer to a pressing demand for the special skills and know-how required for short-term projects.

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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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State-by-State Construction Union and Nonunion Data Now Available

The Unionstats.com website was recently updated with the latest state-specific union membership data based on the January release of the U.S. Bureau of Statistics’ 2020 nationwide data on unionization rates.

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President Biden Nominates Jennifer Abruzzo As Next NLRB General Counsel

On Feb. 17, President Joe Biden nominated Jennifer Abruzzo as the general counsel of the National Labor Relations Board, the independent federal agency vested with the power to “safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative.”

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Congress’s Reintroduction of the PRO Act Will Do Anything But ‘Build Back Better’

On Feb. 4, Sen. Patty Murray (D-Wash.), Senate Majority Leader Chuck Schumer (D-N.Y.), Rep. Bobby Scott (D-Va.) and House Speaker Nancy Pelosi (D-Calif.) reintroduced the Protecting the Right to Organize (PRO) Act in the U.S. House of Representatives.

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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

Right to Work laws guarantee workers can seek employment without fearing they will be required to join (or pay) a union if they are hired.

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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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OSHA Issues NEP and Updates COVID-19 Interim Enforcement Response Plan

In accordance with Executive Order 13999, on March 12, the U.S. Department of Labor’s OSHA issued its National Emphasis Program—Coronavirus Disease 2019, which focuses OSHA enforcement efforts on companies that put the largest number of workers at serious risk of contracting COVID-19. In addition, the program prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law.

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ABC Makes Recommendations to OSHA as it Considers Whether to Issue a COVID-19 Emergency Temporary Standard

On March 2, ABC, as a member of the Construction Industry Safety Coalition’s steering committee, sent a letter to the U.S. Department of Labor’s Occupational Safety and Health Administration Principal Deputy Assistant Secretary James “Jim” Frederick that outlined recommendations that OSHA should consider as it deliberates the need for an emergency temporary standard on COVID-19.  President Biden’s recent Executive Order 13999 on Protecting Worker Health and Safety directed OSHA to consider whether an ETS is warranted to address COVID-19 in the workplace.

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CDC Requires Wearing of Face Masks While on Public Transportation and at Transportation Hubs

The Centers of Disease Control and Prevention has implemented provisions of President Biden's Executive Order on Promoting COVID-19 Safety in Domestic and International Travel and will require the wearing of masks by all travelers into, within or out of the United States, e.g., on airplanes, ships, ferries, trains, subways, buses, taxis and ride-shares.

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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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President Biden Revokes Trump Executive Order on Combatting Race and Sex Stereotyping

On Jan. 20, President Biden issued Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which revoked EO 13950 issued by former President Trump regarding race or sex stereotyping or scapegoating in the workplace.

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OSHA Announces $11.5 Million in Safety and Health Training Grants

On May 19, the U.S. Department of Labor’s Occupational Safety and Health Administration announced the availability of $11.5 million in Susan Harwood Training Grants for various nonprofit organizations, including employer associations, labor unions and joint labor/management associations, including as ABC chapters. Grant applications must be submitted through grants.gov by July 20, 2020.

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ABC Comments on DOL's IRAP Rule

On March 11, the U.S. Department of Labor issued a final rule , officially titled Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, which establishes a process for creating high-quality, industry-recognized apprenticeship programs by organizations that apply to become DOL recognized Standards Recognition Entities. The rule prohibits SREs from recognizing IRAPs in the construction sector. DOL’s press release on the proposal is available here.

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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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