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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.



Trump Nominates Labor Attorney for NLRB General Counsel

On Sept. 16, President Trump nominated labor attorney Peter B. Robb to serve as General Counsel of the National Labor Relations Board (NLRB). Robb, who currently serves as the director of labor and employment at the law firm Downs Rachlin and Marin, previously served as chief counsel to former NLRB Member Robert Hunter (R) and as special labor counsel to the law firm Proskauer Rose from 1985 to 1995.

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Senate Confirms Kaplan to NLRB

On Aug. 2, the U.S. Senate voted to confirm the nomination of Marvin Kaplan to the National Labor Relations Board (NLRB). The Senate voted 50-48 to confirm Kaplan’s position to serve on the five-member board for a term expiring on Aug. 27, 2020.

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Senate Committee Approves ABC-supported Nominees to the NLRB

On July 19, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) approved the nominations of Marvin Kaplan and William Emanuel to serve on the National Labor Relations Board (NLRB). Both votes occurred along party lines.

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National Labor Relations Board

The five-member National Labor Relations Board (NLRB) is tasked with interpreting and enforcing the National Labor Relations Act (NLRA). 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.

Court: West Virginia Remains a Right to Work State

On Sept. 15, the West Virginia Supreme Court of Appeals reversed a preliminary injunction on the state’s Workplace Freedom Act, allowing West Virginia to enforce the state’s Right to Work law as of Oct. 15. The case is Morrisey v. West Virginia AFL-CIO, et al., No. 17-0187. 

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ABC CEO Mike Bellaman Appears on the Fox Business Network to Discuss Apprenticeship Expansion

ABC President and CEO Mike Bellaman made a live appearance on Fox Business Network's "Varney & Co." show on October 17th. The one-on-one interview focused on the U.S. Department of Labor's Task Force on Apprenticeship Expansion that Bellaman was appointed to the day before. Watch a clip of Bellaman's appearance here.

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ABC-supported Legislation to Restore the Joint Employer Standard Advances

On Oct. 14, the U.S. House Committee on Education and the Workforce reported H.R. 3441, the Save Local Business Act favorably out of committee with a final vote of 23-17. On Oct. 4, ABC sent a letter to Committee Chairwoman Virginia Foxx and Ranking Member Bobby Scott, thanking them for holding a markup of this legislation. 

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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 are often 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

All workers, in every industry, deserve the fundamental American right to a federally supervised secret ballot election. This right is guaranteed when voting in political elections; there is no reason it should be surrendered in the workplace.

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Court: West Virginia Remains a Right to Work State

On Sept. 15, the West Virginia Supreme Court of Appeals reversed a preliminary injunction on the state’s Workplace Freedom Act, allowing West Virginia to enforce the state’s Right to Work law as of Oct. 15. The case is Morrisey v. West Virginia AFL-CIO, et al., No. 17-0187. 

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ABC-supported Ambush Election Amendment, Other Priorities Pass in House Appropriations Bill

Last week, the House of Representatives passed H.R. 3354, the Make America Secure and Prosperous Appropriations Act, 2018, which provides $1.1 trillion in discretionary funding for the federal government through 12 individual appropriations bills.

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ABC Supports Rescission of DOL Persuader Rule

On Aug. 11, ABC submitted comments to the U.S. Department of Labor (DOL) in support of its proposal to rescind the 2016 persuader rule, officially named the "Interpretation of the 'Advice' Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act." Approximately 965 ABC members also submitted comments through voterVOICE and ABC’s Action App.

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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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DOL “Persuader” Final Rule

On March 23, 2016, the U.S. Department of Labor (DOL) finalized a rule designed to eviscerate employers’ rights to free speech, freedom of association and legal counsel. Known as the “persuader” rule, this rule would have had a profound, chilling effect on labor relations advice for employers, and in turn deprived employees of their right to obtain balanced information about union representation.

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Right to Secret Ballot Election

All workers, in every industry, deserve the fundamental American right to a federally supervised secret ballot election. This right is guaranteed when voting in political elections; there is no reason it should be surrendered in the workplace.

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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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ABC Voices Support for EPA's WOTUS Proposal

On Sept. 27, ABC submitted comments to the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers on their proposal to rescind their 2015 final Clean Water Rule: Definition of "Waters of the United States," also known as the WOTUS final rule, and re-codify the regulations that existed prior to the 2015 rule. ABC also filed comments as a member of the Waters Advocacy Coalition. 

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Important Update: DOL Issues New Memo on OSHA Silica Enforcement

Enforcement of the Occupational Safety and Health Administration’s (OSHA) silica standard as it applies to the construction industry will begin on Sept. 23. On Sept. 20, the U.S. Department of Labor’s Acting Deputy Assistant Secretary Thomas Galassi issued a memorandum on enforcement policy for the construction industry. 

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Action Alert: Enforcement of OSHA’s Silica Rule Begins on Sept. 23

Enforcement of the Occupational Safety and Health Administration’s silica standard as it applies to the construction industry will begin on Sept. 23. The silica rule lowers the permissible exposure limit from the current standard of 250 micrograms per cubic meter of air to 50 micrograms per cubic meter of air, averaged over an eight-hour day, and an action level of 25 micrograms per cubic meter of air. In addition, the final rule requires contractors to follow several ancillary provisions, such as housekeeping and written exposure plans.

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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 member companies believe safety is a core value, above all others, and is the basis of their culture. 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. Under the Trump administration, we hope the Occupational Safety and Health Administration (OSHA) will focus on collaborative efforts with employers to make workplaces safer. 


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ABC CEO Mike Bellaman Appears on the Fox Business Network to Discuss Apprenticeship Expansion

ABC President and CEO Mike Bellaman made a live appearance on Fox Business Network's "Varney & Co." show on October 17th. The one-on-one interview focused on the U.S. Department of Labor's Task Force on Apprenticeship Expansion that Bellaman was appointed to the day before. Watch a clip of Bellaman's appearance here.

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ABC Supports Betsy DeVos’ Confirmation as Secretary of Education

On Jan. 9, ABC sent a letter to Chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions Sen. Lamar Alexander (R-Tenn.) to encourage the swift confirmation of Betsy DeVos as the next United States Secretary of Education.

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Final Rule Issued on Revising EEO Framework for National Apprenticeship Act

On Dec. 19, 2016, the Employment and Training Administration issued a final rule updating the equal employment opportunity regulations that implement the National Apprenticeship Act of 1937 by amending 29 CFR Part 30. Current regulations prohibit discrimination in registered apprenticeship programs on the basis of race, color, religion, national origin, and sex. The final rule updates the equal employment opportunity standards to include age (40 or older), genetic information, sexual orientation and disability among the protected base that cannot be discriminated against.

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Workforce Development

There are limitless opportunities through government defined and industry workforce development programs to build the American workforce. Through innovative and unique platforms, all Americans can develop skills to achieve their dreams.

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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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