“One of the big winners in declining materials prices is the federal government,” Basu continued.  “The next stimulus package will likely possess a significant infrastructure component, and with lower materials prices, the federal government will be able to purchase more infrastructures per dollar.  This would appear to be an advantageous moment for the nation to begin to build its 21^st century infrastructure, since such investment would address both short and long-term economic considerations.”

NEW EMPLOYMENT VERIFICATION REQUIREMENTS FOR FEDERAL CONTRACTORS:The Civilian Acquisition Council and the Defense Acquisition Regulations Council Nov. 14 issued a final rule on Employment Eligibility Verification (E-Verify), which requires federal contractors and subcontractors to use the federal E-Verify system to confirm the eligibility of their new, as well as many existing employees, to work in the United States.

Federal contractors and subcontractors will be required to use the E-Verify system for all new hires on contracts awarded after the rule’s effective date of Jan. 15, 2009. The rule also applies to existing personnel “directly performing work” on federal contracts. Existing “indefinite-delivery/indefinite-quantity” contracts will also be modified to incorporate the provisions of the rule.

Under the governing statute, employers are only permitted to use E-Verify to validate new hires.  Consequently, ABC and many other employer organizations believe the Executive Order and the majority of the new requirements exceed the President’s authority.  A legal challenge of the new requirements is anticipated and it is likely that the effective date of the requirements will be delayed pending the outcome of that challenge.  ABC is reviewing the new requirements and will provide further guidance once completed.

UPDATED FMLA REGULATIONS HELP MILITARY FAMILIES AND CLARIFY LAW: The Department of Labor (DOL) Nov. 17 issued a final rule updating – for the first time in more than 13 years – the Family and Medical Leave Act (FMLA) that provides additional leave for military families and further guidance for both employees and employers.  The new rule is scheduled to take effect in January 2009.

Under the new rule, employers are required to provide employees with information about FMLA including a general notice, an eligibility notice, a designation notice and a notice of rights and responsibilities.  Employees who need to use FMLA leave are now required, under the final rule, to follow the employer’s usual and customary call-in procedure when reporting an absence, unless there are unusual circumstances that prevent it.  Also included in the final rule was a provision passed in January 2008 that allows up to three months for active duty leave and allows family members of injured military personnel to take up to six months of unpaid leave during the rehabilitation process. 

FMLA was enacted in 1993 to allow workers to take unpaid leave to address important family and medical issues.  Under the new rules, employees will still be able to take time off for the birth or adoption of a child, to take care of a family member with a serious illness, or seek treatment themselves when seriously ill.  To view a copy of the final rule, visit the DOL website, http://www.dol.gov/esa/whd/fmla/finalrule.htm.

ABC APPOINTS GEOFFREY BURR AS VICE PRESIDENT OF GOVERNMENT AFFAIRS: ABC Nov. 18 named Geoffrey Burr vice president of its Government Affairs division. Burr, who recently served as deputy assistant secretary in the U.S. Department of Labor’s Office of Congressional and Intergovernmental Affairs and was a former ABC staff member, will oversee and direct the political, legislative and regulatory departments of the Government Affairs division, as well as provide guidance to the association’s leadership on ABC’s legal rights foundation and political action committee.

NLRB UPDATE: On September 30, 2008, the NLRB ordered a St. Louis contractor to bargain with the IBEW as a remedy for the company’s numerous unfair labor practices committed during a 2003 IBEW organizing effort.  The company discharged 13 union supporters, which was almost one quarter of the entire bargaining unit.  The company’s general manager also gave a speech (which was secretly tape recorded) in which he stated that the company would lose its biggest customer and that the company would shut down if the employees chose to have the IBEW represent them.  The general manager also told union supporters that the company would never recognize a union.  An ALJ recommended that the NLRB order the company to not only cease and desist from the illegal conduct, offer reinstatement and pay lost wages to the illegally fired workers, but also to bargain with the IBEW as a remedy.  Even though the company’s general manager left the company, the company’s owner never repudiated the conduct and the NLRB found that a bargaining order was appropriate.  This case is a stark reminder to all construction industry employers that NLRB elections and union organizing drives are surrounded by numerous (and sometimes confusing) rules and regulations.  Any construction industry contractor faced with a union organizing drive should be careful to follow all of the rules and regulations imposed by the NLRB and the federal courts surrounding such matters and should also be sure that company supervisors at all levels know what conduct is allowed and what conduct is prohibited.  Failure to do so might result in a bargaining order with the union attempting to organize the employees, as it did in this case.                    By Bill Harding, Chapter Attorney

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~~~TRAINING PROGRAMS OFFERED~~~

PROFITABLE CONTRACTOR-SUBCONTRACTOR RELATIONS TRAINING-A BLUEPRINT

This one-day program will focus on the importance of improving and strengthening the business relationship and how to improve the “team” effort between contractor and subcontractor.  This program is designed for the company owners, superintendents and upper management personnel.

This program is being presented by Doug Butler and will be held at the Ashland Country Club, Ashland, NE on

December 9, 2008 from 8:00 a.m. – 4:30 p.m.

PRODUCTIVITY IMPROVEMENT TRAINING FOR

 ELECTRICAL SUPERVISORS, MANAGERS & CONTRACTORS

This one-day program focuses on the person soon to become a supervisor or recently appointed supervisor.  Participants learn and practice new or additional skills to deal with everyday demands of productivity improvement.  The program is for anyone in the electrical industry who holds (or plans to hold) a leadership or management position – presidents, vice presidents, project managers, estimators, field supervisors, foremen, crew leaders, lead men, etc.

This program is being presented by Doug Butler and will be held at the Ashland Country Club, Ashland, NE on

December 10, 2008 from 8:00 a.m. – 4:30 p.m.

CONSTRUCTION SUPERVISORY TRAINING

This two-day hour program is designed to train existing, new or future supervisors in the most essential skill areas necessary to be successful in a role as a construction supervisor-foreman.  The program is for anyone in existing, new or future supervisors or foremen.

This program is also being presented by Doug Butler and will be held at the Ashland Country Club, Ashland, NE on

December 11 & 12, 2008 from 8:00 a.m. – 4:30 p.m.

SIGN UP USING THE REGISTRATION FORM BELOW -- FAX/EMAIL YOUR REGISTRATIONS TO THE LINCOLN OFFICE at 402-477-4522 (fax) or debh@abcnebraska.org (email)

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Training Classes

Management & Safety Class Schedule

First Aid/CPR Classes

$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member

Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price

¨  December 2, 2008 – 7:00 a.m. – 11:00 a.m. – OMAHA

¨  December 4, 2008 7:00 a.m. – 11:00 a.m. – LINCOLN

¨  January 14, 2009 1:00 – 5:00 p.m. – LINCOLN

¨  January 15, 2009 1:00 – 5:00 p.m. - OMAHA

OSHA 10 Hour Class

OSHA requires a competent person on all job sites.  This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!

**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.

$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price

¨  November 25, 2008 – 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  November 25, 2008 – 7:00 a.m. – 5:30 p.m. – OMAHA

¨  December 17, 2008 – 7:00 a.m. – 5:30 p.m. – OMAHA

¨  December 23, 2008 – 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  January 8, 2009 – 7:00 a.m. – 5:30 p.m. LINCOLN

¨  January 13, 2009 – 7:00 a.m. – 5:30 p.m.- OMAHA

30 Hour OSHA Class

Federal Law requires each company have a designated trained safety coordinator.  This will give your foremen, supervisors, safety directors or safety coordinators the expertise to comply with all OSHA and State requirements.  This is an in-depth look at CFR 1926 and 1920 and NE 757 as they affect construction. Price includes study materials

$395.00 each attendee – Member Price / $595.00 each attendee –Non-Member price.

¨  December 2, 9, 16, 2008 – 7:00 a.m. – 5:30 p.m. – LINCOLN

Forklift/All Terrain Training

The OSHA standard 29CFR1926.602(d)requires employees who operate forklifts be trained in both the classroom and through a practical exercise on the type of equipment that they will be running in the field.

$125.00 each attendee – Member Price/$200.00 each attendee – Non-Member Price

¨  December 9, 2008 - 7:00 a.m. – 11:00 a.m. – OMAHA

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Omaha Classes are held at the Education Center, 2602 Harney Street, Omaha

Lincoln Classes are held at the Training Center, 830 Westgate Blvd., Lincoln

PLEASE DUPLICATE THIS FORM FOR MULTIPLE CLASSES

Company:                                         Address:                                Phone:                                   Fax:               

Names (please print):                                                                       Class/Date:                            Cost:              

                                                                                                          Class/Date:                            Cost:              

                                                                                                            Class/Date:                            Cost:              

Return Registration Form and Check Payable to Associated Builders & Contractors

830 Westgate Blvd., Lincoln, NE  68528    FAX 402-477-4522

Email-debh@abcnebraska.org