ABC URGES QUICK IMPLEMENTATION OF RULE INCREASING UNION FINANCIAL DISCLOSURE: ABC February 12 filed comments with the Department of Labor Office of Labor-Management Standards (OLMS) opposing the delay of the implementation of a final rule revising the current LM-2 financial disclosure form for larger unions. In addition, the rule would establish a procedure to revoke the LM-3 form filed by smaller unions in instances where filers submit delinquent or erroneous reports.
In its comments, ABC urged OLMS to keep the original effective date of February 20 for the final rule, citing the need for financial transparency in a time of economic turmoil. “In light of the funding that will soon flow to organized labor – especially to construction unions – as a result of the economic stimulus package, the need to ensure union financial transparency has become even greater,” ABC stated in its comments. “As with the public’s demand for transparency I banks and other corporate entities receiving economic stimulus funds, there is an equally compelling need for the public to have the same benefit of transparency when it comes to the receipts and expenditures of labor organizations.”
ABC pointed out that according to OLMS’ most recent annual report, LM-2 filings have resulted in more than 900 convictions and more than $91.5 million in recovered union funds and restitutions since 2001. “The rules’ timely implementation is necessary to carry out the Department’s statutory mandate to combat union-related corruption, as directed by the Labor-Management Reporting and Disclosure Act (LMRDA),” ABC stated in its comments.
787 BILLION STIMULUS PACKAGE IS LAW: The bill includes $27.5 billion for highway and bridge construction and repair; $8.4 billion for mass transit; $9.3 billion for high-speed railways and Amtrak; $20 billion for "green" jobs to make wind turbines, solar panels and improve energy efficiency in schools and federal buildings; and $12.3 billion in energy efficiency and conservation grants, as well as loan guarantees for renewable energy projects.
The final version of the bill stripped out the mandatory use of the Employment Eligibility Verification (E-Verify) program for federal contractors and also included a one-year delay of the 3 percent withholding tax that requires 3 percent be withheld from government contractors on all payments for goods and services made to federal, state and local government where the total expenditure is more than $100 million.
MEMBER SURVEY SCHEDULED FOR END OF FEBRUARY: ABC would like to encourage its members to complete the ABC Membership Strategic Planning Survey scheduled to be emailed to them by the end of February.
The survey will take approximately 15 minutes to complete and will allow ABC to collect valuable input on the critical issues facing members while gauging the effectiveness of the programs, services and initiatives of the ABC federation. This information will help ABC in the development of a strategic plan that addresses members’ needs and ensures continued effective advocacy for member interests.
RETALIATION DISCRIMINATION UPDATE:On January 5, 2009, the United States Court of Appeals for the Fourth Circuit issued a decision which makes it easier for employees to pursue retaliation charges against employers. Even though the Fourth Circuit does not cover the state of Nebraska, this development is sure to spawn litigation seeking to apply the same standard in Nebraska. It has long been the standard that, even though an employee files a discrimination claim that is not found to have merit, the employer may not retaliate against the employee for having filed the discrimination charge. In 2002, the United States Supreme Court issued a decision (National Railroad Passenger Corp.) holding that “discrete acts” of alleged discrimination, such as a retaliatory discharge, may not be considered a “continuing violation” and must be challenged through a new charge with either the EEOC or the state’s anti-discrimination agency. The employee in the Fourth Circuit case received a negative performance evaluation after filing a discrimination complaint and filed a second discrimination charge alleging that the employer had retaliated against her for the filing of the first charge of discrimination by giving her a negative evaluation and otherwise subjecting her to harsher treatment. The second charge was dismissed and the employee was then terminated. The employee proceeded directly to federal court on the issue of the retaliatory discharge and the employer defended the case by alleging that the 2002 U.S. Supreme Court decision required the filing of an entirely new retaliation charge concerning the discharge. The Fourth Circuit disagreed with this argument and stated that the retaliation claim concerning the termination may proceed to federal court because it was reasonably related to the prior charges filed by the employee. This development is certain to encourage the filing of more federal court litigation on retaliatory discharges. However, Nebraska construction industry employers may avoid such problems altogether by ensuring that company supervisors understand that employees who file a discrimination charge may not be retaliated against simply for having filed the charge. Discipline or discharge concerning such an employee must be carefully and thoroughly documented in order to support the defense that the discipline and discharge had absolutely nothing to do with the earlier filing of a discrimination charge. By Bill Harding, Chapter Attorney
FORD Fleet Program: ABC has an agreement with Ford Motor Company that offers fleet-based discounts to qualifying ABC members. ABC's exclusive program adds the following discounts to Ford's standard fleet discounts, for eligible vehicles in each category:
$ 200 - $1500 on Passenger Cars $750 - $1000 on Cargo Vans
$1000 - $3000 on SUVs $1300 - $2500 on Pickup Trucks
The discount program applies to both 2008 and 2009 model year vehicles. See your Ford dealer or fleet management company for savings on specific models of vehicles. Click here for more program details.
Cornhusker Chapter ABC Ford Members include: Beatrice Ford Lincoln Mercury, Inc.
Anderson Ford L/M Mazda – Lincoln Anderson Ford of Omaha – Omaha
GM Fleet Program: ABC also has an agreement with GM Motor Company that offers members an additional savings of $500 to $2,000 on GM trucks, vans, SUVs and passenger vehicles. The program features "stackable" discounts on most brands and models of GM vehicles:
$500 on Cars $500 on SUVs
$500 on Full-size Pickup Trucks $1,000 on other model Pickup Trucks
$2,000 on Vans
Visit ABC's GM website to find out more.
Cornhusker Chapter GM Members include:
Husker Auto Group, Inc. Woodhouse Auto Family - Blair
Sid Dillon Buick Nissan Hyundai – Wahoo Sid Dillon Chevrolet Buick Pontiac - Wahoo
Sid Dillon Chevrolet Buick Pontiac – Blair Sid Dillon Chevrolet Oldsmobile Pontiac-Blair
Sid Dillon GMC Cadillac Mazda – Blair
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PRODUCTIVITY EQUALS PROFITABILITY
This is a one-day program that will help provide employees of self-performing construction companies with a realistic view of what must happen in the field in order to increase gross profit on every job. This program is designed for the self-performing general and trade contractors, owners, CEO’s, upper-;level managers, estimators, project and operations managers, general superintendents and field supervisors at all levels of responsibility.
This program is being presented by Michael Brunner and will be held at the Mahoney State Park on
February 26, 2009 from 8:00 a.m. – 4:30 p.m.
COMMUNICATION & LEADERSHIP BASICS PROGRAM
This eight-hour program focuses on identifying, explaining and applying the basic concepts of both communication and leadership in the construction industry. The program is for anyone in the construction 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 also being presented by Michael Brunner and will be held at Mahoney State Park on
February 27, 2009 from 8:00 a.m. – 4:30 p.m.
CARD CHECK SEMINAR BY BILL HARDING, CHAPTER ATTORNEY
All workers, in every industry, deserve the fundamental American right to a federally supervised private-ballot election.
At this seminar learn what you can/can’t say to your employees regarding card check.
Other Topics will include: Hiring and Firing, DC Legislative Update, NLRB Appointments
and Supervisor and Employee Communications
This program will be held on March 3, 2009 from 12:00 – 2:00 at Quarry Oaks Golf Club
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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
¨ February 25, 2009 – 7:00 – 11:00 a.m. – OMAHA
¨ February 26, 2009 – 7:00 – 11:00 a.m. – LINCOLN
¨ March 5, 2009 – 1:00 – 5:00p.m. – LINCOLN
¨ March 12, 2009 – 1:00 – 5:00 p.m. – OMAHA
¨ March 18, 2009 – 1:00 – 5:00 p.m. – KEARNEY
¨ March 24, 2009 – 7:00 – 11:00 a.m. – LINCOLN
¨ March 26, 2009 – 7:00 – 11:00 a.m. – OMAHA
¨ April 1, 2009 – 7:00 – 11:00 a.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
¨ February 24, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ March 10, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA
¨ March 12, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ March 19, 2009 – 7:00 a.m. – 5:30 p.m. – KEARNEY
¨ March 25, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA
¨ March 26, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ April 1, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA
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
¨ March 10, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA
¨ March 4, 2009 - 7:00 – 11:00 a.m. – OMAHA
¨ March 5, 2009 – 1:00 – 5:00 p.m. - LINCOLN
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.
¨ April 2, 9, 16, 2009 – 7:00 a.m. – 5:00 p.m. - LINCOLN
PRODUCTIVITY EQUALS PROFITABILITY PROGRAM-Presented by Michael Brunner:
This eight-hour program focuses on identifying, explaining and applying the basic concepts of both communication and leadership in the construction industry. The program is for anyone in the construction 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.
$225.00 each attendee – Member Price/$325.00 each attendee – Non-Member price.
¨ February 26, 2009 – 8:00 – 4:30 – MAHONEY STATE PARK (includes lunch)
COMMUNICATION & LEADERSHIP BASICS PROGRAM-Presented by Michael Brunner:
This eight-hour program focuses on identifying, explaining and applying the basic concepts of both communication and leadership in the construction industry. The program is for anyone in the construction 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.
$225.00 each attendee – Member Price/$325.00 each attendee – Non-Member price.
¨ February 27, 2009 – 8:00 – 4:30 – MAHONEY STATE PARK (includes lunch)
CARD CHECK SEMINAR – Presented by Bill Harding, Chapter Attorney
Other topics to include hiring and firing, DC Legislative Update, NLRB Appointments, Supervisor and Employee Communications.
$45.00 each attendee – ABC Members ONLY
¨ March 3, 2009 – 12:00 noon – 2:00 p.m. – QUARRY OAKS GOLF CLUB(includes lunch)
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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