potential of small business entrepreneurs.  “Small businesses cannot be the engine of our economy if they have to line up in a queue and wait to see if they can gain access to credit,” the letter continued. “Congress needs to act swiftly and restart the flow of credit to America’s job-creating small businesses or else these entrepreneurs will be left to sit on the sidelines.”

In addition to raising the maximum loan rate, the Senate bill will extend loan guarantee authorizations and eliminate fees for borrowers.  S. 2869 is scheduled to be reviewed and marked up by the Senate Committee on Small Business and Entrepreneurship Dec. 17.

The U.S. House of Representatives Nov. 2 referred a similar bill, H.R. 3854, to its Committee on Small Business and Entrepreneurship.  H.R. 3854 contains an increase in maximum loan size to $3 million and does not contain any increases in guarantees.   In addition, the House Dec. 16 passed the Department of Defense appropriations bill which included a provision that allocates additional funds for the SBA 7(a) loan program to extend modifications contained in the stimulus package.  The provision will keep the 90 percent guarantee on small business loans and will reduce or waive the loan fees through February 2010.

To read the letter, click here.

ABC ON FRONT LINES OF SENATE HEALTH CARE DEBATE: Members of ABC’s National Legislative and Government Affairs Coordinating Committees, along with representatives of national construction trade associations, Dec.10 participated in a conference call hosted by Senate Republican Leader Mitch McConnell (R – Ky.) to discuss the latest developments in the health care debate on Capitol Hill. 

In his remarks, Sen. McConnell thanked the group for their “hard work and diligence” in making their voices heard on the Patient Protection and Affordable Care Act (H.R. 3590). ABC is strongly opposed to the public option and employer mandates in the bill, both of which would raise taxes on families and small businesses. ABC believes that health care is best when administered on free market principles and must provide greater choice, affordability and allow private insurers to compete for business.  

ABC Vice President of Government Affairs Geoff Burr Dec.14 signed onto a letterfrom the Start Over Coalition, a group of pro-business trade associations, that was sent to all 100 U.S. Senators. The letter stated that coalition members have been “advocating reform of the U.S. health care system for many years, as the rising cost of healthcare has been one of the most critical challenges facing our members across all industry sectors.”   The letter went on to add that despite changes being offered during the amendment process, the group remains opposed to H.R. 3590 because “the costs, taxes, mandates and burdens contained in the Reid bill far outweigh any potential benefit from this legislation.” 

Meanwhile, ABC Dec. 10 signed onto another letter sent to U.S. Senators from the Small Business Coalition for Affordable Health Care, a group of nearly 50 national trade associations, that expressed a united front by stating that “our small business and self-employed entrepreneurs have been clear about what they need and want: lower costs, more choices and greater competition for private insurance.”  The letter went on to criticize a number of issues in H.R. 3590 including a health insurance tax on small business, a lack of affordable health insurance flexibility and choices, absence of liability reform and an increase in payroll tax.

NLRB BACK PAY UPDATE:On November 16, 2009, an Administrative Law Judge (ALJ) for the NLRB issued a back pay and bargaining order which is very unusual but which might be a forecast of NLRB proceedings during the Obama Administration.  The Operating Engineers represented employees of the construction company beginning in 1987 and the union was certified by the NLRB in March, 1995.  After unsuccessful CBA negotiations, the union conducted an economic strike in May, 1995.  Shortly thereafter, the union made an unconditional offer for the employees to return to work but the contractor refused.  The NLRB ultimately concluded that the contractor violated the NLRA by failing to reinstate the strikers and that decision was enforced by the United States Court of Appeals for the Eleventh Circuit.  After the court decision, the General Counsel of the NLRB issued a back pay compliance specification and the ALJ ordered the contractor to pay more than $350,000 in back wages to seven former employees.  The ALJ concluded that the GC calculations were reasonable and rejected arguments by the contractor that several of the employees failed to mitigate their damages because they only looked for work through the union’s hiring hall.  More important, the ALJ concluded that the refusal to bargain by the contractor justified “Special Remedies” and ordered the contractor to bargain with the union for a minimum of 16 hours per week until an agreement is reached, the parties agree to a break in bargaining or until the parties reach a legal impasse.  The ALJ also recommended that the contractor be ordered to provide written reports on the status of the bargaining to the NLRB Regional Director every 30 days.  Much speculation concerning the Obama Administration has focused on how the NLRB will be different and how those differences might impact construction industry employers.  Special Remedies of the type found in this case are likely to become much more commonplace during the Obama Administration.  As a consequence, all construction industry employers faced with either negotiations or a strike should very carefully formulate their response to the union in order to avoid Special Remedies of the type found in this case.              By Bill Harding, Chapter Attorney

Training Classes

Management & Safety Class Schedule

JANUARY 2010

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

¨      January 7, 2010 - 7:00 a.m. – 5:30 p.m. – LINCOLN

¨      January 12, 2010 - 7:00 a.m. – 5:30 p.m. – OMAHA

¨      January 19, 2010 - 7:00 a.m. – 5:30 p.m. – OMAHA

¨      January 27, 2010 - 7:00 a.m. – 5:30 p.m. – LINCOLN

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

¨  January 12, 2010 – 1:00 – 5:00 p.m. – LINCOLN

¨  January 13, 2010 - 1:00 51100 p.m. – OMAHA

¨  January 28, 2010 – 7:00 – 11:00 a.m. - OMAHA

¨  January 29, 2010 – 1:00 – 5:00 p.m. – LINCOLN


Forklift 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

¨  January 20 & 21, 2010 - 7:00 a.m. – 11:00 a.m. – OMAHA

Forklift 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

¨  January 20 & 21, 2010 - 7:00 a.m. – 11:00 a.m. – OMAHA