STUDY SHOWS CAP AND TRADE LEGISLATION COULD COST 3 MILLION JOBS: A new study, released April 28 by Charles River Associates, exposes the negative economic consequences of the proposed cap and trade legislation being considered in Congress. The study predicts broad increases in energy costs that will result in the loss of more than 3 million jobs by 2030 and a cost of more than $2,100 per household if this legislation is passed. The study was commissioned by the Coalition for Affordable American Energy (CAAE), a group of nearly 200 associations including ABC. It also shows that the proposed legislation will cause natural gas and electricity costs to increase by more than 50 percent and the cost of motor fuels to rise 78 cents per gallon by 2030.
“The course of action being contemplated today by the Obama Administration and key committees in Congress would impact everyone in
the country who makes things; distributes, retails or services things; purchases things; in fact, every individual who throws a light switch or starts an engine,” the coalition stated in a letter sent to all members of Congress. “CAAE is very concerned that a cap and trade policy would impose new and higher costs on business users of energy – and on consumers – at a time when the economy is struggling mightily.”
EPA ANNOUNCES GREENHOUSE GASES ARE A THREAT TO THE ENVIRONMENT:The Environmental Protection Agency (EPA) April 17 announced that greenhouse gases contribute to air pollution that may endanger public health or welfare. The six gases listed in the finding were carbon dioxide, (the exhaling of air from your lungs will be limited?) methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
Although the ruling clears the way for regulating greenhouse gases under the Clean Air Act, EPA stated in a news release, “Today’s proposed finding does not include any proposed regulations. Before taking any steps to reduce greenhouse gases under the Clean Air Act, EPA would conduct an appropriate (whatever that is) process and consider stakeholder input.”
COURT RULES CHARTER CITIES EXEMPT FROM STATE PREVAILING WAGE RULES: ABC of California won a major victory April 28 when California’s 4th District Court of Appeals ruled that as a charter city, Vista can exempt itself from the state’s prevailing wage laws for construction projects financed solely by the city. Charter cities in California are able to govern their own municipal affairs. The State Building and Construction Trades Council of California, AFL-CIO argued that the state’s 114 charter cities, including Vista, should require contractors to pay prevailing wages because prevailing wage laws are a matter of statewide concern, not a municipal concern. A loss in a state superior court in December 2007 prompted the council to file the appeal in April 2008. In response, ABC of California filed a “friend of the court” brief in support of Vista’s right to decide how to spend its money on construction projects.
The court ruled that projects funded by the city are a local concern rather than of state-wide importance, upholding the right of Vista to exempt its local construction projects from having to comply with the state prevailing wage mandates. The decision has the potential to set a precedent for California. “This is good news for California taxpayers and the construction industry,” said Kevin Dayton, state government affairs director for ABC of California. “Dealing with California’s complicated prevailing wage laws is an administrative burden that costs money for contractors as well as taxpayers. This decision will encourage charter cities to build more local projects and provide more jobs in a construction industry that is struggling right now.”
BRIT HUME TO SPEAK AT 2009 LEGISLATIVE CONFERENCE:Brit Hume, senior political analyst for FOX News, will provide ABC members with an insider’s view on issues that affect the construction industry during the opening general session at ABC’s 2009 Legislative Conference, June 23-25 in Washington, D.C.
Hume will discuss the current political landscape and how the changes with the new administration may affect the outcome of critical issues for contractors, including the Employee Free Choice Act, or card check legislation. Hume has more than 43 years of experience in journalism and is a regular panelist on FOX’s weekly public affairs program, “Fox News Sunday.” Before joining FOX News in 1996, Hume worked at ABC News for 23 years, serving as chief White House correspondent from 1989 through 1996.
Visit www.abc.org/legcon for more information or to register.
SALTING UPDATE: On April 3, 2009, the U.S. Court of Appeals for the D. C. Circuit dismissed petitions filed by the Sheet Metal Workers and the Carpenters Union. Both unions sought to challenge the decision by the NLRB in Oil Capitol Sheet Metal, Inc., 349 NLRB 1348 (2007). In Oil Capitol, the NLRB decided to no longer apply a rebuttable presumption that a SALT who was not hired would have continued to work indefinitely for the employer in question. Instead, the NLRB concluded that the General Counsel must present evidence to justify the anticipated duration of the SALT’s employment. The unions filed appeals claiming that the decision in Oil Capitol discriminated against SALTs, but the Circuit Court concluded that the challenge was premature because compliance proceedings have not yet taken place and it is not known how the new evidentiary rule will impact any remedies. This decision is good news for all construction industry employers, but the case is not over. Moreover, it is not known whether the NLRB will reconsider the decision in Oil Capitol after President Obama selects his appointments for the three open NLRB seats. Stay tuned.
By Bill Harding, Chapter Attorney
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SPRING/SUMMER TRAINING SCHEDULE
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
¨ May 5, 2009 – 7:00 – 11:00 a.m. – OMAHA
¨ May 27, 2009 – 7:00 – 11:00 a.m. – LINCOLN
¨ June 2, 2009 – 7:00 – 11:00 a.m. – OMAHA
¨ June 25, 2009 – 7:00 – 11:00 a.m. – LINCOLN
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
¨ May 14, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA
¨ May 21, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ June 17, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ June 24, 2009 - 7:00 a.m. – 5:30 p.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