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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

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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 November 10, Republicans from the Senate Health, Education, Labor, and Pensions Committee announced a slate of labor reform bills aimed at improving the rights of workers. The ABC-led Coalition for a Democratic Workplace’s statement on the bills can be read here. The bills in the package are as follows:

  • Worker RESULTS Act (S.3117): Amends the National Labor Relations Act regarding labor organizing elections. The bill’s provisions expand the contract bar window, require secret ballots, set a two-thirds quorum for representation elections, limit the use of unfair labor practice (ULP) charges to delay elections, limit the succession bar, and prevent employees from decertifying a union until a contract is agreed upon. (This is the Republicans’ alternative to the Faster Labor Contracts Act.)
  • Fairness in Filing Act (S.3116): Amends the NLRA to restrict ULP charges filed frivolously or not in good faith. 
  • Union Members Right to Know Act (S.3114): Amends the Labor-Management Reporting and Disclosure Act of 1959 to require labor organizations to disclose union workers’ rights and give workers authority over how their dues are spent. 
  • NLRB Stability Act (S.3115): Amends the NLRA to align the board’s decisions with federal appellate precedent. 
  • Protection on the Picket Line Act (S.3124): Amends the NLRA to clarify when employers can discipline workers for misconduct during protests. Protects employees from harassment and abuse. 

Worker Privacy Act (S.3128): Amends the NLRA to protect worker privacy by limiting how unions can use employee data during organizing drives. 

On Oct. 8, the Senate Health, Education, Labor, and Pensions Committee held a hearing titled “Labor Law Reform Part 1: Diagnosing the Issues, Exploring Current Proposals.” The hearing considered existing legislative labor and employment reforms, including the Faster Labor Contracts Act (H.R.5408/S.844), National Right to Work Act (S. 533), Protecting the Right to Organize Act (H.R.20/S.852), the Warehouse Worker Protection Act (H.R.4896/S. 2613), and others.

Ahead of the hearing, ABC sent a letter to the committee urging Senators to oppose the PRO Act and the Faster Labor Contracts Act. “ABC believes there is a better path forward—one that prioritizes collaboration over coercion. Congress should focus on empowering all Americans, regardless of union affiliation, to learn, advance and succeed based on their skills, safety record and merit,” the letter reads. “Encouraging workforce development, adopting an all-of-the-above approach to apprenticeship and reducing regulatory barriers will strengthen both employee opportunity and the nation’s economic competitiveness. Such efforts represent true labor reform—centered on freedom, fairness and the American worker.”

In addition, the ABC-led Coalition for a Democratic Workplace also sent a letter opposing the FLCA and the Hawley Labor Policy framework and in support of various existing legislative labor reforms, including the:

On September 16, Rep. Pete Stauber introduced the ABC-opposed FLCA in the House, an effort to strip workers and employers of their right to freely negotiate workplace conditions. Specifically, the FLCA imposes a 10-day time period for an employer and union to begin negotiating following a representation election as well as a requirement that a bargaining agreement be finalized in 90 days. The consequences for not obtaining such an agreement will likely be mandatory, binding arbitration, which will allow the federal government to set the terms of private contracts without the input or consent from the employees, employers or unions involved. For more information, read ABC’s press release. On Oct. 1, CDW sent a letter to members of the U.S. House urging them to oppose the FLCA.

On October 8, Senator Tim Scott, R-S.C., reintroduced the Employee Rights Act in the Senate for the 119th Congress. On June 26, ABC announced its strong support for the reintroduction of the ERA in the U.S. House, urging the swift consideration of the bill to protect worker freedoms nationwide. The ABC-led Coalition for a Democratic Workplace also released a statement in support of the bill’s reintroduction in the House.  

“Worker choice, flexibility and privacy are essential to the success of the construction industry, and the Employee Rights Act delivers much-needed balance to our nation’s labor laws,” said Kristen Swearingen, ABC vice president of government affairs. “This bill protects all workers’ right to a secret ballot, their control over personal contact information and their freedom to work as independent contractors if they choose. Congress must act now to advance this pro-worker, pro-growth legislation and stop harmful policies that undermine workforce freedoms.”
 
The ERA would:

  • Guarantee secret ballot union elections on jobsites
  • Safeguard worker privacy and limit forced disclosure of personal information
  • Provide legal clarity for independent contractors
  • Clarifies the definition of a joint employer
  • Prevent the use of employee dues for union political campaigns without consent

On Oct. 1, the ABC-led Coalition for a Democratic Workplace sent a letter to members of the U.S. House urging them to oppose the Faster Labor Contracts Act.Parties would have no recourse against the government or arbitrators if the mandated contract terms result in company bankruptcy or closure, and neither the federal government nor arbitrators are equipped to set terms for private parties to a contract,” the letter reads.Under the bill, workers would effectively be shut out of the negotiation process and forfeit their right to vote for or against the contract.”

On September 16, Rep. Pete Stauber introduced the ABC-opposed FLCA in the House, an effort to strip workers and employers of their right to freely negotiate workplace conditions. Specifically, the FLCA imposes a 10-day time period for an employer and union to begin negotiating following a representation election as well as a requirement that a bargaining agreement be finalized in 90 days. The consequences for not obtaining such an agreement will likely be mandatory, binding arbitration, which will allow the federal government to set the terms of private contracts without the input or consent from the employees, employers or unions involved. For more information, read ABC’s press release.

On July 23, the U.S. House Committee on Education and the Workforce held a markup of legislation that supports independent contractors and clarifies the joint employer standard. Ahead of the hearing, ABC sent letters of support to the committee for three key bills, all of which were reported favorably for a full House vote:

  • The Modern Worker Empowerment Act (H.R. 1319) provides clarity for workers and businesses by establishing a common-sense definition for independent contractor status across federal law. H.R. 1319 passed in a 19-16 vote. See ABC’s letter of support.
  • The Modern Worker Security Act (H.R. 1320) clarifies that independent workers can participate in innovative programs designed to connect them with portable, work-related benefits without fear of potentially jeopardizing their independent contractor status under federal law. H.R. 1320 passed in a 19-16 vote. See ABC’s letter of support.
  • The Save Local Business Act (H.R. 4366) would amend the National Labor Relations Act and the Fair Labor Standards Act to clarify that an entity is only a joint employer if it directly and immediately exercises meaningful control over workers’ essential terms and conditions of employment. H.R. 4366 passed in a 20-16 vote. See the ABC-led Coalition for a Democratic Workplace letter of support here and ABC’s statement on the bill here.

On July 16, the U.S. House Committee on Financial Services Subcommittee on Housing and Insurance held a hearing titled, “HOME 2.0: Modern Solutions to the Housing Shortage.” The hearing focused on the Home Reform Act of 2025 that would modernize the HOME Investment Partnerships Program, the largest block grant program for states and municipalities dedicated to creating affordable housing for low-income Americans. Ahead of the hearing, ABC sent a letter to the committee calling on them to strip onerous Davis-Bacon requirements from the program that increase costs and delay critical affordable housing projects.

In his opening statement, Chairman Mike Flood, R-Neb., touched on the subcommittee’s request for public input on the HOME program, of which ABC members participated, and noted four primary obstacles to the efficiency of the hearing: the environmental review process; Build America, Buy America; Davis-Bacon requirements; and Section 3 requirements. You can watch Rep. Flood’s comments here.

Allison George, Director, Colorado Division of Housing, Department of Local Affairs and one of the witnesses for the hearing, suggested a few recommendations to support HOME Program’s modernization, stating, “we recognize the importance of accountability, but overlapping requirements like Section 3, Davis-Bacon, and Build America, Buy America and environmental reviews have become especially difficult for our small and rural communities to manage.”

On July 16, Kevin Sell, senior manager of corporate development at Kwest Group in Perrysburg, Ohio, testified on behalf of ABC before the U.S. House Committee on Education and Workforce Subcommittee on Workforce Protections in their hearing, “Safe Workplaces, Stronger Partnerships: The Future of OSHA Compliance Assistance.” His testimony focused on role that programs like ABC’s STEP Health and Safety Management System play in creating meaningful pathways between the construction industry and the Occupational Safety and Health Administration.

“The area offices of OSHA have provided employees and employers with valuable expertise and support through Compliance Assistance Specialists and their Challenge Program, which serves as a pathway to the Voluntary Protection Program,” said Sell. “By fostering a relationship—or better yet, a partnership—with the area office, employers gain nonenforcement support, allowing them to work collaboratively with OSHA to improve workplace safety and reduce risk for their teams. This is especially important in construction, as many of us have a mobile workforce that presents a unique set of challenges far different and more complex than most general industry sites.” Watch the hearing and read Sell’s full testimony.

Sell began his career as a firefighter and shift commander, eventually finding his way to the construction industry where he worked in safety and quality, workforce development and relationship management roles. He also held leadership roles on both the Kentucky Workers’ Compensation Funding Commission and the Kentucky Occupational Safety & Health Review Commission.

For more information, read ABC’s press release.

On July 14, Rep. James Comer, R-Ky., introduced the Save Local Business Act, which would amend the National Labor Relations Act and the Fair Labor Standards Act to clarify that an entity is only a joint employer if it directly and immediately exercises meaningful control over workers’ essential terms and conditions of employment. The bill would provide clarity and predictability to the regulated community and ensure that the entities that truly have control over a group of workers are at the bargaining table.


The ABC-led Coalition for a Democratic Workplace and 72 undersigned organizations sent a letter to members of the U.S. House of Representatives and U.S. Senate urging them to support and pass the bill.

“The Save Local Business Act will restore balance, clarity, and predictability to labor and employment law,” said Kristen Swearingen, ABC vice president of government affairs. “It ensures the appropriate entities are at the bargaining table and held responsible for any violations committed against workers while shielding businesses from unwarranted liability for the employment decisions of another entity. This legislation will protect small business owners and allow future entrepreneurs to thrive. We strongly support this legislation and urge Congress to pass it.”

CDW’s statement on the bill’s introduction can be read here.

On June 26, ABC announced its strong support for the reintroduction of the Employee Rights Act in the 119th Congress, urging the swift consideration of the ERA to protect worker freedoms nationwide. 

“Worker choice, flexibility and privacy are essential to the success of the construction industry, and the Employee Rights Act delivers much-needed balance to our nation’s labor laws,” said Kristen Swearingen, ABC vice president of federal affairs. “This bill protects all workers’ right to a secret ballot, their control over personal contact information and their freedom to work as independent contractors if they choose. Congress must act now to advance this pro-worker, pro-growth legislation and stop harmful policies that undermine workforce freedoms.”
 
Introduced by Rep. Rick Allen, R-Ga., the ERA would:

  • Guarantee secret ballot union elections on jobsites
  • Safeguard worker privacy and limit forced disclosure of personal information
  • Provide legal clarity for independent contractors
  • Clarifies the definition of a joint employer
  • Prevent the use of employee dues for union political campaigns without consent

On May 20, the U.S. House Committee on Education and the Workforce Subcommittee on Workforce Protections held a hearing titled, “Empowering the Modern Worker.” Ahead of the hearing, ABC joined other business groups of the Independent Work Coalition in submitting a letter to the committee supporting opportunities for independent contractors. “As modern technology continues to drive the growth of independent work opportunities, policymakers should pursue policies that reflect the preferences of the workers themselves and that support the small businesses and entrepreneurs that rely on the independent contractor model,” the letter states.

The letter also pointed to two critical ABC-supported pieces of legislation sponsored by Rep. Kevin Kiley, R-Calif., the Modern Worker Empowerment Act (H.R. 1319) and the Modern Worker Security Act (H.R. 1320). The Modern Worker Empowerment Act provides clarity for workers and businesses by establishing a common-sense definition for independent contractor status across federal law. The Modern Worker Security Act clarifies that independent workers can participate in innovative programs designed to connect them with portable, work-related benefits without fear of potentially jeopardizing their independent contractor status under federal law.