E-VERIFY RULE SUSPENDED UNTIL SEPTEMBER: The federal government again delayed the implementation of a new rule that requires federal contractors to use the Employment Eligibility Verification (E-Verify) system for verification of all new and many existing employees.
Last summer, President Bush issued Executive Order 12989, requiring federal contractors to electronically verify their employees’ work eligibility. The final rule implementing the order was set to go into effect Jan. 15. It was first delayed until May 21 and then until June 30 when the Obama administration requested additional time to review the rule in light of pending litigation. The most recent delay announcement states that federal contracts awarded prior to Sept. 8 will not require contractors to comply with the new rule.
The rule is the subject of a legal challenge brought by ABC and its coalition partners. The challenge questioned the government’s authority to promulgate the regulation and sought an injunction from a federal court (Chamber of Commerce of the United States of America, et al. v. Michael Chertoff, et al., Civil Action No. AW-08-3444 (D. Md.)). The legal challenge echoed ABC’s previous comments on the rule and argued that requiring use of E-Verify would be illegal and expose contractors to needless liabilities.
CONSTRUCTION SPENDING INCREASES FOR FOURTH STRAIGHT MONTH: Private nonresidential construction spending posted its fourth consecutive increase, rising 1.8 percent in April, according to a June 1 report by the U.S. Census Bureau. On a year-over-year basis, private nonresidential construction spending is up 2 percent. Overall, total nonresidential construction spending increased 0.8 percent on the month to $712.3 billion, a 2.5 percent increase compared to April 2008. “In light of the historic downturn in the national economy, and the ongoing credit crunch, the performance of nonresidential construction remains remarkably solid,” said ABC Chief Economist Anirban Basu. “While it is true that economic conditions continue to batter office and commercial construction by a combination of job declines, diminished consumer and business spending and tight credit, other nonresidential segments have more than compensated for lost dollar volume in those categories.”
Construction subsectors that posted the largest gains from the previous month were power plants, up 7.2 percent; communication, up 6 percent; and manufacturing, up 3.8 percent. Meanwhile, construction subsectors posting the largest gains compared to one year ago were manufacturing, up 70.3 percent; power, up 25.9 percent; and conservation and development construction spending, up 16.7 percent. “Particularly exceptional is the performance of manufacturing and power-related construction, which is a reflection of the enormous transformation taking place in those segments of the economy,” Basu added.
“Undoubtedly, today’s data release will be considered another “green shoot,” indicating that the U.S. economy is now on the mend,” Basu noted. “However, much of the focus remains on residential construction because its value has not significantly increased since August 2008. With the overwhelming majority of stimulus dollars yet to be distributed and spent, many nonresidential construction segments can expect even better months ahead, though office and commercial construction will likely lag for the foreseeable future.” Public nonresidential construction spending fell 0.5 percent for the month, but is still up 3.3 percent from April 2008. Residential construction spending finally increased for the month, up 0.6 percent from March, but is still down 34.4 percent from a year ago. Overall, total construction spending increased 0.8 percent on the month, but is down 10.7 percent from April 2008.
ABC LEGISLATIVE CONFERENCE OFFERS CHANCE TO MAKE YOUR VOICE HEARD:ABC members are invited to attend the 2009 Legislative Conference June 23-25 in Washington, D.C. and help advance merit shop initiatives by going on visits to congressional offices and federal agencies. Participants will hear from special guest speaker Brit Hume, senior political analyst for FOX News Channel, who will discuss the current political landscape and how the changes with the new administration may affect the outcome of critical issues for the construction industry. The following day, Senate Republican Leader Mitch McConnell (R-KY.) and House Republican Leader John Boehner (R-Ohio) will provide participants with updates on key issues such as the Employee Free Choice Act, or “card check” legislation; business tax increases; energy policy; green jobs; health care costs; and union-only project labor agreements. The Renaissance Hotel where the 2009 Legislative Conference will be held is sold out, but ABC members who want to join their peers at the event can make reservations at the Washington Marriott or the Embassy Suites Convention Center. Both hotels are within walking distance of the conference.
UNION ORGANIZING UPDATE:On May 4, 2009, the United States Court of Appeals for the D.C. Circuit affirmed a decision of the NLRB which should serve as a reminder to all construction industry employers about the “do’s and don’ts” in a union organizing drive. First, the employer refused to give an application for employment to a representative of the Iron Workers Union and threatened to call the police if he did not leave the construction company’s office. The court agreed with the NLRB that the “hostile rebuff” of the Iron Worker representative was “coercive.” Second, the employer found out that a nearby gas station was becoming a union organizing location. Due to its proximity to the construction company offices, the gas station was normally used to fill up company vehicles on the way to jobsites. In addition, the gas station was a handy location for employees to cash their checks on Friday after receiving the checks on Friday morning. The representative of the Iron Workers Union discovered these facts and “camped out” at the gas station where he often engaged employees of the construction company in discussions about joining the union. The court found that the decision by the construction company to stop distributing paychecks on Friday morning and forbidding company foremen who transported employees to jobsites from stopping at the gas station for gas constituted a violation of the NLRA because it was an effort to limit the rights of employees to join or support the union. This decision is a reminder to all employers in the construction industry that salting activities by unions are still present and should be expected to increase during the Obama Administration. In addition, all construction industry employers should make themselves familiar with what activity is allowed and what activity is prohibited during a union organizing drive in order to avoid the filing of ULP charges by a union with the NLRB.
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