GENERAL MOTORS ABC PROGRAM: In a letter to ABC National, General Motors states it intends to honor its agreements, including the discount program for ABC members, for ordered and out-of-stock purchases. ABC members can take advantage of discounts on purchases and leases of new GM 2008 and 2009 model year vehicles, adding ABC program savings of $500 to $2,000 to most other GM retail and commercial incentives.
AT THE INVITATION OF THE OBAMA ADMINISTRATION: 2009 ABC National Chairman Jerry Gorski and ABC National staff joined senior Obama administration officials and representatives from the U.S. Department of Labor to discuss the expansion of government-mandated union-only project labor agreements (PLAs) as directed by Executive Order 13502. During the 90 minute meeting, ABC participated in a constructive dialogue that conveyed the [merit shop’s position on the negative impact of PLAs.
FEWER NONRESIDENTIAL CONSTRUCTION JOB LOSSES IN MAY: After losing more than 10,000 jobs a month for the past four months, the nonresidential building construction sector lost 1,400 jobs in May, according to the June 5 employment report by the U. S. Labor Department. Still, 84,800, or 10.2 percent, jobs in the industry have been lost since May 2008 as employment reached 744,700.
“As has been the case with a number of economic data releases in recent weeks, simple interpretation of today’s jobs report is not possible,” said Associated Builders and Contractors (ABC) Chief Economist Anirban Basu. “While can be said is that nonresidential construction’s performance continues to rise above expectations. The construction spending index released earlier this week indicated that nonresidential construction volumes remain remarkably stable despite a period of nearly unprecedented financial dislocation,” added Basu. “In addition the loss of just 1,400 jobs in the nonresidential building industry is a reflection of contractors adjusting to the current business climate.
NLRB UPDATE: Recently, an Administrative Law Judge (ALJ) of the NLRB issued a decision about coercive interrogation of an employee by union membership . . . and, the employer won. In January, 2009, the NLRB found that the Arizona construction company in question engaged in unlawful surveillance of its employees at a meeting with representatives of the Carpenters Union. The NLRB remanded to the ALJ the question of whether one of the co-owners of the construction company unlawfully interrogated an employee about union membership a week after a meeting in which the Carpenters Union solicited employees to sign union authorization cards. In the meeting with the Carpenters Union, the employee advised representatives of the union and the company co-owner that he was not ready to give up his benefits plan with the Painters Union and needed time to think about the Carpenters Union request that he sign a Carpenters Union authorization card. A week later, the company co-owner asked the employee if “he had made any decisions yet and signed a card for the Carpenters Union.”
Interestingly, the employee and the company co-owner are brothers-in-law. The ALJ concluded that there was no coercion because the employee asked the co-owner what would happen if he stayed with the Painters Union instead of the Carpenters Union and was told that he would remain employed but that benefits would be paid for him through the Carpenters Union. The ALJ concluded that the primary motivation of the company co-owner was to ensure that his sister’s family maintained health coverage which, combined with the statement that the employee would maintain a job even if he did not sign a Carpenters Union authorization card, justified a finding that there was no violation of the NLRA. Construction company employers are right to point out that the employer was not found guilty of any violation of the law in this case. However, the decision of the ALJ was based, in part, on the family relationship between the company co-owner and the employee. Just as important, the company co-owner emphasized to the employee that his union membership was not really a concern of the company and he would maintain employment with or without signing an authorization card for the Carpenters Union. The “safe harbor” for construction company employers in such a situation is still to contact the company labor lawyer before asking employees any questions about union membership.
By Bill Harding, Chapter Attorney
30 HOUR OSHA TRAINING
Do any of your key personnel need 30 Hour OSHA Training?
Because of increased OSHA activity, several companies have shown an interest in a
30 Hour OSHA class. We will be scheduling a class in the very near future. If you are interested, please contact Chris or Deb at 402-477-4451.
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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
¨ 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
¨ 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