Letters to the Hill Banner

THE VOICE OF THE MERIT SHOP

ABC is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows ABC to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, ABC promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

Letters to the Hill

rss

THE VOICE OF THE MERIT SHOP

ABC is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows ABC to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, ABC promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

On Feb. 5, the U.S. House Committee on Oversight and Government Reform held a hearing, Rightsizing Government. The hearing focused on eliminating waste, fraud and abuse by the federal government. Ahead of the hearing, ABC sent a letter to the Committee highlighting how the Biden administration’s Use of Project Labor Agreements for Federal Construction Projects final rule eliminated merit-based federal contracting and increased taxpayer costs by 12-20%. The letter urged Congress and the Trump administration to Congress and the Trump administration have the opportunity to restore merit to federal contracting by advancing fair and open competition. Rep. Clay Higgins, R-La., who serves on the Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs, entered ABC’s letter into the hearing record. The Congressman's remarks may be seen here

On Jan. 22, the U.S. House of Representatives Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit held a hearing “America Builds: Highways to Move People and Freight.” Witnesses for the hearing included Jim Tymon, the Executive Director of American Association of State Highway and Transportation Officials; Janet Kavinoky, Vice President of External Affairs and Corporate Communications at Vulcan Materials Company;  Dennis Dellinger, President and CEO of Cargo Transporters, Inc. and Chairman of the American Trucking Associations; and Matthew Colvin, Chief of Staff for the Transportation Trades Department of the AFL-CIO. The hearing focused on issues impacting the supply chain, including infrastructure construction, workforce development and freight.

ABC sent a letter to the Subcommittee ahead of the hearing urging it to consider fair and open competition, all-of -the-above workforce development, and Davis-Bacon repeal/reform within the Surface Transportation Act reauthorization.

On Jan. 9, ABC and a diverse group of two dozen construction and business groups sent a letter to President-elect Donald Trump urging him to eliminate President Joe Biden’s final rule implementing Executive Order 14063 requiring federal construction contracts of $35 million or more to be subjected to anti-competitive and inflationary project labor agreements. The coalition letter also called for the repeal of additional Biden administration policies pushing PLA mandates and preferences on federally assisted construction projects procured by private developers and local and state governments.

“In place of these failed Biden administration policies, we request a new executive order that restricts government-mandated PLAs and restores robust fair and open competition on federal and federally assisted construction projects,” said the coalition letter. “This will save taxpayers an estimated $10 billion per year on public works projects annually and restore opportunities for all of the construction industry to rebuild America."

Learn more here.

On Dec. 11, in a win for ABC and its members, the U.S. Senate rejected the confirmation of Lauren McFerran for a third term as chair of the National Labor Relations Board in a 49-50 vote. Her nomination threatened Democratic control of the NLRB through August 2026, two years into President-elect Donald Trump’s term. On Dec. 10, ABC sent a Key Vote letter to U.S. Senators urging them to vote “No” on her nomination

In an ABC statement, Kristen Swearingen, ABC vice president of legislative & political affairs, stated, “Under McFerran’s leadership, the NLRB has issued decisions and expanded interpretations of the National Labor Relations Act that have been rejected by the business community, Congress and federal courts.” In a statement released by the ABC-led Coalition for a Democratic Workplace, Swearingen added, “Her confirmation would have blocked President-Elect Trump from pursuing his policy agenda – an agenda that the voters resoundingly supported in the election.”

 On Dec. 3, the CDW sent a letter signed by 53 organizations to the U.S. Senate expressing concerns with her tenure. ABC members from around the country sent Action Alerts to their senators urging them to vote “No” on her confirmation.

On December 10, the U.S. House of Representatives passed S.4367, the Thomas R. Carper Water Resources Development Act of 2024, as amended, by a 399-18 vote. ABC wrote a letter in support of the legislation, which reauthorizes the WRDA and makes significant investments in America’s infrastructure. It also provides opportunities for contractors nationwide to participate on the majority of WRDA projects. The amended WRDA bill reflects months of negotiations between the U.S. House Committee on Transportation and Infrastructure and the U.S. Senate Committee on Environment and Public Works. It is likely the bill will pass the Senate before the end of the 118th Congress. ABC will continue to support the bill while opposing the distribution of WRDA funds guided by the Biden administration’s Federal Acquisition Council Use of Project Labor Agreements for Federal Construction Projects final rule.

On Sept. 19, the U.S. House Committee on Oversight and Accountability held a hearing "A Legacy of Incompetence: Consequences of the Biden-Harris Administration’s Policy Failures - United States House Committee on Oversight and Accountability." Ahead of the hearing, ABC sent a letter expressing concern the administration is continuing to issue rulemakings and executive orders that peel away worker freedoms, disrupt free markets and tilt the playing field in favor of the few at the expense of all Americans. Specifically, ABC noted how the administration is raising costs for taxpayers by discouraging competition from quality nonunion contractors and their employees, who comprise 89.3% of the private U.S. construction industry workforce.

You can view the full committee hearing here.

ABC and the Coalition for a Democratic Workplace issued letters of support for H.J.Res.203, Rep. Burlison's Congressional Review Act challenge to the NLRB's Representation-Case Procedures Final Rule, which was issued on August 1. If passed, the CRA would nullify the final rule, and the Board would be prohibited from issuing a substantially similar rule in the future. 

The NLRB's Final Rule eliminated common sense measures meant to protect workers' rights during the union representation election process, including:

  • Reinstated the Board's "blocking charge" policy, which allows unions to halt representation or decertification elections by alleging the employer has committed unfair labor practices until the charges are resolved;
  • Eliminated the 45-day window in which employees could challenge a union's majority support and demand a secret ballot election after their employer has voluntarily recognized the union based on signed authorization cards, or "card check;"
  • Rescinded the requirement that unions in the construction industry maintain proof of majority support if they want an exclusive collective bargaining relationships that is resistant to challenge

These policies force employees into unions they may not want and make it more difficult for employees to decertify unions that no longer have support from the workforce, undermining employee free choice.

In February 2023, ABC submitted comments in opposition to the NLRB proposed rule. ABC also signed on to CDW’s comment letter along with 12 other employer organizations. CDW argued that the proposed rulemaking would “negatively affect the Board’s representation case jurisprudence, undermine the agency’s statutory goals and reputation, diminish employee free choice and upset the balance of countervailing interests.” Yet, consistent with NLRB Chair Lauren McFerran’s record, the NLRB disregarded stakeholder feedback and advanced a radical rulemaking that strips employees of their rights in the workplace.

On July 31, the U.S. Senate Committee on Banking, Housing and Urban Affairs held a hearing, "Long-Term Economic Benefits and Impacts from Federal Infrastructure and Public Transportation Investment." Prior to the hearing, ABC submitted a letter to the committee highlighting that the Biden-Harris administration's Use of Project Labor Agreements for Federal Construction Projects Final Rule is undermining federal infrastructure investments. Specifically, ABC expressed concern that the rule excludes 89.3% of the private U.S. construction industry workforce, reduces competition and increases costs for the American taxpayer on federal and federally assisted construction projects.

See the full hearing here.

On July 24, ABC sent a letter to the U.S. House Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit in regard to their hearing onExamining the Department of Transportation’s Regulatory and Administrative Agenda." ABC expressed concern with Secretary Buttigieg's role in promoting the Biden-Harris administration’s sweeping environmental and labor initiatives rather than prioritizing efficient and economical infrastructure improvements. Specifically, the DOT has advanced a number of stipulations on taxpayer funded infrastructure projects.

On Dec. 13, ABC submitted comments to the House Transportation and Infrastructure Committee as they conduct oversight on the U.S. Department of Transportation’s implementation of the Infrastructure Investment and Jobs Act.

ABC’s letter to the Highways and Transit Subcommittee criticized the modal administrators for their deviations from the bipartisan agreement reached during the IIJA's negotiation, and efforts to incorporate partisan language rejected by the House and Senate that would hinder the success of the IIJA. ABC has previously expressed concerns about these administrative actions, including the DOT’s efforts to impose unlawful and overly burdensome policies and restrictive labor requirements on key federal infrastructure funds and projects.