On Dec. 18, the U.S. Senate approved an en bloc nominations package that included 97 Trump administration nominees. The 53-43 party-line vote was made possible by the Senate’s recent move to lower the threshold for sub-cabinet level positions to just a simple majority, rather than the typical, 60-vote threshold.

Ahead of the vote, ABC and the ABC-led Coalition for a Democratic Workplace supported (more here) the nominations of three NLRB nominees included in the package.

• James Murphy, Member of the National Labor Relations Board
• Scott Mayer, Member of the National Labor Relations Board
• Crystal Carey, National Labor Relations Board General Counsel

With the confirmation of the NLRB nominees, the Board will not only have an ABC-friendly General Council to set the agenda, but it will also have a quorum for the first time in nearly a year. The new 2–1 Republican majority on the NLRB will allow the agency to resume more regular operations. However, longstanding Board practice requires three votes to overturn existing precedent. ABC’s next priority is securing confirmation of a third ABC-supported Board member so the agency can begin unwinding policies implemented during the Biden administration.

Among the other 97 positions, there were several Department of Labor nominees confirmed.

• Rosario Palmieri, Assistant Secretary of Labor for Policy
• Henry Mack, Employment and Training Administration
• Anthony D’Esposito, Department of Labor Inspector General’s Office
• Jeremiah Workman, Assistant Secretary of Labor, Veterans’ Employment and Training Service

On Dec. 10, the U.S. Senate Committee on Health, Education, Labor and Pensions held a hearing titled, "The Future of Retirement." Ahead of the hearing, ABC sent a letter to the Committee expressing concern about the continued insolvency of multiemployer pension plans. ABC recommended that Congress direct the U.S. Pension Benefit Guarantee Corporation to provide assistance to insolvent MEPP participants through establishing and funding individual 401(k)s rather than continuing to fund failing programs. This approach would provide workers and retirees with control over their investments, withdrawals and legacy. 

On Dec. 10, the U.S. Senate Committee on Small Business and Entrepreneurship held a hearing titled, “Running Government Like a Small Business: Cut Waste, Crush Fraud.” Ahead of the hearing, ABC sent a letter to the committee urging lawmakers to roll back federal policies that undermine small construction firms, particularly the White House’s continued enforcement of mandated PLAs on major federal projects. ABC emphasized that small firms make up the overwhelming majority of the industry and cannot absorb the cost or complexity of these mandates.

“No small business would survive if it limited itself to hiring from a pool of just 10% of the workforce, yet the federal government is attempting to do exactly that,” the letter stated. ABC urged Congress to adopt business-minded, competitive practices that empower all qualified contractors and protect taxpayers.

On Dec. 4, after being unable to act on their en bloc nominee package that included several labor nominees, Senate Majority Leader Thune, R-S.D., updated the package (S. Res. 532) to include Scott Mayer, President Trump’s nominee to serve as a member of the National Labor Relations Board. Mayer was approved by the Senate Health, Education, Labor and Pensions Committee on December 3 in 12-11 vote. On December 4, CDW and 35 other employer organizations sent a letter to Thune urging him to quickly schedule a floor vote on Mayer’s nomination. Our statement on the letter can be viewed here.

The confirmation floor vote has not been scheduled yet but will likely happen in the next week or so.

The package of 97 nominees also includes:

• James Murphy, Member of the NLRB
• Crystal Carey, NLRB General Counsel
• Rosario Palmieri, Assistant Secretary of Labor for Policy
• Henry Mack, Employment and Training Administration
• Anthony D’Esposito, Department of Labor Inspector General’s Office
• Jeremiah Workman, Assistant Secretary of Labor, Veterans’ Employment and Training Service

Should the package pass, the Board would have a 2-1 Republican majority and a quorum, which it hasn’t had for nearly a year, allowing it to function fully. That said, Board tradition dictates that three votes are needed to reverse any precedent. ABC’s next priority would be to get a third Republican on the Board, so the agency can begin to unwind the policies implemented during the Biden administration.

On Dec. 3, the Senate Health Education, Labor and Pensions Committee voted 12-11 to approve Scott Mayer, Chief Labor Counsel at The Boeing Corporation, to serve as a member of the NLRB. Following the vote, the ABC-led Coalition for a Democratic Workplace sent a letter to Majority Leader John Thune, R-S.D., calling for a swift floor vote for Mayer.

“It is in the best interest of America’s workers and the regulated community to have a fully functioning NLRB, but the Board has been operating without a quorum for nearly a year,” said Kristen Swearingen, ABC vice president of government affairs. “Scott Mayer is well-qualified for the position, and we urge Majority Leader Thune to schedule a floor vote and get him confirmed as quickly as possible.”

On Nov. 19, the Senate Committee on Small Business and Entrepreneurship held a hearing titled, “Trump’s Regulatory Rollback: Saving Americans $907 Billion and Counting,” with Casey Mulligan, chief counsel for advocacy for the U.S. Small Business Administration.” Ahead of the hearing, ABC sent a letter to the committee supporting deregulation by the Trump administration, including their commitment to institute a new independent contractor rule and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network’s interim final rule on beneficial ownership reporting requirements.

During the hearing, Committee Chair Joni Ernst, R-Iowa., expressed support for the Environmental Protection Agency’s Waters of the United States rule. “This proposed rule… will help end this government overreach for our farmers, landowners and small business owners,” she noted.

While ABC expressed support for part of the administration’s reg rollback, it also called out the administration for failing to repeal Biden’s executive order and subsequent final rule mandating project labor agreements on federal construction projects of $35 million or more.

On Nov. 13, Sen. Jerry Moran, R-Kan., reintroduced the Affordable Housing Expansion Act, which streamlines outdated federal regulations under the Davis-Bacon and Related Acts and helps expand affordable housing nationwide.

“The Affordable Housing Expansion Act removes unnecessary barriers to construction and improves taxpayer value,” said Kristen Swearingen, ABC vice president of government affairs. “By modernizing the Davis-Bacon wage determination process and reducing compliance burdens, this bill provides contractors, workers and taxpayers with accurate and clearly defined rates. ABC commends Sen. Moran for his leadership and urges Congress to advance this commonsense proposal.”

The bill improves the wage determination process by allowing wage surveys to use broader geographic groupings. In addition, it orders the U.S. Department of Labor to review and update how it collects wage data within one year to ensure that surveys are more reliable, generate higher participation rates and achieve a better balance between union and nonunion employers.

By cutting red tape and ensuring fair competition, the Affordable Housing Expansion Act empowers contractors to focus resources on building more homes and revitalizing communities across the country.

For more information on the bill, see ABC’s letter of support.

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 Nov. 5, the U.S. Senate Committee on Health, Education, Labor and Pensions held a hearing titled "Registered Apprenticeship: Scaling the Workforce for the Future." Ahead of the hearing, ABC sent a letter thanking the committee for examining how apprenticeship and workforce development programs can help meet the nation’s growing demand for skilled construction workers. The letter also urged the committee to expand the system to support all high-quality training models that effectively prepare Americans for rewarding construction careers.

Committee Chair Bill Cassidy, R-La., opened the hearing by noting that the government-registered apprenticeship system is burdensome and inconsistent. He emphasized the importance of incorporating employer and employee input to simplify registration, provide flexibility, and lower costs in order to increase participation.

Senator Ed Markey, D-Ma., asked LIUNA General President Brent Booker if President Donald Trump's renovation of the White House's East Wing took appropriate safety steps to protect workers and passersby from asbestos. Booker said he did not have access to that information because the administration chose to use a nonunion workforce, and it is not a union jobsite. Markey stated he wrote the contractor who tore down the East Wing asking why workers were put at risk. He stated this is an example of President Trump being the most anti-union and anti-safety President in history. 

Chairman Cassidy responded, stating that every merit shop he has visited emphasizes and takes pride in its safety record and that all contractors are subject to the same OSHA regulations regarding asbestos.

The U.S. Senate Committee on Health, Education, Labor and Pensions voted 12-11 to advance President Donald Trump’s nominations of Crystal Carey as General Counsel to the National Labor Relations Board for a four-year term and James Murphy as a Member of the Board through Dec. 16, 2027. Ahead of the vote, the ABC-led Coalition for a Democratic Workplace sent a letter to members of the Committee, urging them to advance Mayer, Murphy and Carey. 

While the nomination of Scott Mayer, Boeing's Chief Labor Counsel, to the Board was initially scheduled for a vote today, he did not come up for a vote. During the Senate HELP Committee's Oct. 1 hearing to consider Mayer and Murphy, Mayer faced questions from Senator Hawley regarding strikes at Boeing's St. Louis facility. Regarding Carey, Hawley stated that stated he was not pleased with Carey's answers to his questions during her July 16 hearing, but she committed to enforcing the Board's decision in Amazon, leading him to support her nomination.

Carey and Murphy's nominations now move to the Senate floor for consideration. The Committee also advanced the nominations of Rosario Palmieri as Assistant Secretary of Labor for Policy and Anthony D’Esposito as Inspector General at the Department of Labor.