Priority Issue Briefs
President Joe Biden continues to back and support provisions in the ABC-opposed Protecting the Right to Organize Act (H.R. 842/S. 420), which would violate workers’ free choice and privacy rights, force unions on employees who have voted against such representation, cost millions of American jobs and threaten vital supply chains.
On Nov. 15, 2021, President Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act, which provides $550 billion in new funding to invest in America’s roads, bridges, utilities and other needs on top of baseline government infrastructure spending via existing programs and annual appropriations. Much of the IIJA funding will be distributed to states and localities and other stakeholders through discretionary grant programs; however, the Biden administration continues to promote pro-labor policies tied to IIJA dollars.
On Feb. 4, 2022, President Biden signed Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects. Once implemented following a rulemaking by the Federal Acquisition Regulatory Council that is expected to take months to complete, federal agencies will require that every prime contractor and subcontractor on a federal construction project of $35 million or more performed within the United States to sign a project labor agreement as a condition of winning a contract.
President Biden supports the House-passed and ABC-opposed National Apprenticeship Act of 2021 (H.R. 447), which would not achieve its goal of expanding apprenticeship opportunities, as it would further restrict small businesses’ ability to access federally registered apprenticeship programs, limit job opportunities in the construction industry and create additional obstacles for the construction industry to meet future workforce demand and needs.
On Jan. 13, 2022, ABC applauded the U.S. Supreme Court for reinstating the stay on DOL’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applied to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome.
On Nov. 30, 2021, a Kentucky district court preliminarily enjoined the federal contractor COVID-19 vaccination mandate, but only for three states—Kentucky, Ohio and Tennessee.
The ABC-opposed and House-passed PRO Act (H.R. 842/S. 420) includes a provision that dramatically expands the joint-employer standard under the NLRA, and the NLRB intents to issue a new proposed rulemaking on the joint-employer standard in 2022.
On Nov. 22, 2021, DOL issued its final rule implementing President Biden’s Executive Order 14026, Increasing the Minimum Wage for Federal Contractors, which applies to all workers performing work on or in connection with covered federal contracts. Effective Jan. 30, 2022, the minimum wage increased to $15 per hour.
In 2019, the EPA under President Trump and the U.S. Army Corps of Engineers repealed the ABC-opposed 2015 WOTUS rule and replaced it with the Navigable Waters Protection Rule.
In July 2020, the Council on Environmental Quality issued an ABC-supported final rule to modernize the federal environmental review process under the National Environmental Policy Act regulations.
In March 2021, President Biden signed the American Rescue Plan Act of 2021 (H.R. 1319) into law, including a controversial provision providing a Congressional Budget Office-estimated $86 billion taxpayer bailout of struggling union multiemployer pension plans.
As the federal government has provided more than $6 trillion in relief funding to address the COVID-19 health and economic crisis, ABC advocated for and supported critical bipartisan policies enacted by the U.S. Congress. However, ABC also expressed concerns regarding the most recent $1.9 trillion legislation passed under budget reconciliation and signed into law without bipartisan support.
ABC now urges Congress and the administration to focus on critical policies that will ensure our nation’s construction industry remains strong and ready to lead the economic comeback.
On Aug. 24, 2016, the Obama administration issued the Fair Pay and Safe Workplaces (or “blacklisting”) final rule, which would have threatened federal contractors’ due process rights, injected unwarranted subjectivity and added needless and duplicative layers of bureaucracy into the federal acquisition process.
President Biden’s March 2021 American Jobs Plan called on Congress to tie federal investments in infrastructure to prevailing wage regulations via the 90-year-old Davis-Bacon Act.
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.
On Feb. 18, 2021, Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif., introduced the U.S. Citizenship Act of 2021 (H.R. 1177/S. 348) to implement President Biden’s proposal on immigration reform.
Providing quality health care benefits is a top priority for ABC and its member companies. ABC continues to advocate for policies that would ensure employer-sponsored coverage is strengthened and remains a viable, affordable option for millions of hardworking Americans and their families.
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.
ABC is committed to reforming the broken federal regulatory process and ensuring industry stakeholders' voices are heard and rights are protected.
Currently, the preferred method for determining whether employees want union representation is a secret ballot election, overseen by the National Labor Relations Board.
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.
Salting is not merely an organizing tool—it has become an instrument of economic destruction aimed at nonunion companies.
President Biden’s ABC-opposed partisan budget reconciliation package, formally titled the Build Back Better Act (H.R. 5376), passed the House on Nov. 19, 2021, by a vote of 220-213.