ABC NOTES FLAWS IN IMPLEMENTATION OF 3 PERCENT WITHHOLDING TAX: ABC March 5 filed comments with the U.S. Department of Treasury and the Internal Revenue Service (IRS) giving further recommendations on how section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 should be implemented. Section 511 requires that 3 percent be withheld from government contractors on all payments for goods and services made by federal, state and local governments and their agencies to the contractors. ABC has been fighting for the repeal of the 3 percent withholding tax since the bill was passed in 2006. These efforts have resulted in a one-year delay of law, which will apply to payments made after December 31, 2011. In its comments, ABC reiterated several points made previously and expressed dismay that those suggestions were not considered in the proposed rule.
One of the issues ABC noted was the negative impact the withholding would have on the cash flow of small businesses. ABC pointed out that since the withholding applies to the contractor’s gross payments, not the net, the 3 percent plus the typical 10 percent retainage that contractors are also subject to results in a 30 percent net reduction in the contractor’s cash flow. ABC previously supplied analysis demonstrating how the rule would impact cash flow for contractors. “One obvious outcome of this rulemaking will be to create a strong disincentive for companies to want to do work for the government,” ABC stated. “At a time when the President and congress are looking to increase the number of government contractors in order to stimulate the economy, this consequence could be disastrous.”
ABC continues to work with the House and Senate toward full repeal of the 3 percent withholding tax.
SO CALLED EMPLOYEE FREE CHOICE ACT INTRODUCED IN CONGRESS MARCH 10: ABC vehemently opposed the misnamed Employee Free Choice Act of 2009 (H.R. 1409/S. 560), or “card check” legislation, introduced March 10 by Sen. Ted Kennedy (D-Mass.) in the U.S. Senate and Rep. George Miller (D-Calif.) in the U.S. House of Representatives. The legislation would take away a worker’s fundamental American right to a secret-ballot election when deciding whether to join a union.
Jerry Gorski, 2009 ABC national chairman and president of Gorski Engineering, Inc., Collegeville, Pa., appeared March 11 on the Fox News Channel program “America’s Newsroom” to discuss the negative impact the Employee Free Choice Act will have on business owners and workers. “It’s a tough credit market and money is tight,” Gorski said. “Businesses and private owners need credit. But there is still work happening and we’re fortunate enough to be able to…keep our employees working – have flexible people who are willing to do multiple jobs and keep our workforce in place. This kind of legislation changes all of that.” According to a new study released last week by noted economist Dr. Anne Layne-Farrar, the Employee Free Choice Act would negatively impact the landscape of the U.S. economy, increasing unemployment and stifling job growth for all Americans. The study, An Empirical Assessment of the Employee Free Choice Act: The Economic Implications found that passage of this bill would lead to the loss of 600,000 jobs within a year. Job losses directly attributed to the passage of the “card check” legislation would be equal to the entire population of Boston or 75 percent of San Francisco.
TEN TIPS FOR SUCCESS:What should contractors do to sustain the current economic downturn? Surety industry executives recommend contractors:
1. Maintain profit margins-bid the job, not the competition. 6. Avoid bad jobs.
2. Preserve capital and stay liquid. 7. Enhance workflow.
3. Reduce overhead and fixed charges. 8. Maintain focus on safety education & training.
4. Lock in prices early. 9. Adjust business plans.
5. Hold on talent. 10. Communicate with their surety.
OPPD INTRODUCES COMMERCIAL AND INDUSTRIAL LIGHTING INCENTIVES: On February 20, 2009 OPPD kicked off our Commercial and Industrial Lighting Incentive Pilot Program. This was a soft kick-off on the OPPD website only (www.oppd.com). A more public announcement is planned in the future.
Initially, contractors will need to become an OPPD Lighting Trade Ally in order to have the projects they install qualify for incentives. The basics of the lighting pilot program include:
Pre approval process Predetermined quality fixtures/configurations Offer subject to funding availability
This information is currently available on the OPPD website in PDF form. General training sessions where the process and paperwork will be reviewed are being held:
March 5, 2009 2:00-4:00 p.m. OPPD Papillion Center 1210 West 6th Street, Papillion
March 12, 2009 2:00-4:00 p.m. OPPD Papillion Center 1210 West 6th Street, Papillion
March 26, 2009 2:00-4:00 p.m. OPPD Elkhorn Center 1101 North 180th Street, Elkhorn
April 9, 2009 2:00-4:00 p.m. OPPD Papillion Center 1210 West 6th Street, Papillion
Seating is limited so please reserve your space by emailing: jtworek@oppd.com with your desired date of attendance, your company name and names of those attending. Additional training sessions will be held later in the year as needed.
EFCA UPDATE:On March 3, 2009, NLRB Chairman Wilma Liebman addressed a conference of the American Bar Association and commented on the proposed Employee Free Choice Act (EFCA). Liebman stated that EFCA “does not represent comprehensive labor law reform, but it’s a logical place to begin.”
Liebman declined to take a position on EFCA but she stated that after President Obama appoints individuals for the three vacancies on the five member NLRB, she thought that the NLRB could take a “more dynamic approach” to labor law issues. Liebman noted that the NLRA has not had a “major overhaul” in 50 years and that the current economic problems in the country might be “what it takes to bring about meaningful reform in the law of the workplace.” It is not surprising that Liebman supports changes to the NLRA which will go well beyond the EFCA since she served as in-house counsel for both the Teamsters Union (9 years) and the Bricklayers Union (3 years). Two days after Liebman’s comments, the Alliance to Save Main Street Jobs released a study by economist Dr. Anne Layne-Farrar which concluded that passage of EFCA could indeed increase union membership but it would also result in increased unemployment. While studies such as this point out the problems of EFCA, construction industry employers should not be comforted by the thought that the current Chairman of the NLRB hopes that major changes in the NLRA, which go well beyond the changes proposed by EFCA, will be implemented during the Obama Administration.
By Bill Harding, Chapter Attorney
SIGN UP NOW – 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
April 2, 9, 16, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN
SEE MORE INFORMATION BELOW!
MOBILE CRANE SAFETY TRAINING
March 23-27, 2009
A workshop for all managers, supervisors, operators and riggers.
Presented by: Crane Institute of America
More information below.
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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
¨ March 18, 2009 – 1:00 – 5:00 p.m. – KEARNEY
¨ March 24, 2009 – 7:00 – 11:00 a.m. – LINCOLN
¨ March 26, 2009 – 1:00 – 5:00 p.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
¨ 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
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
Mobile Crane Safety Training
A workshop for all managers, supervisors, operators and riggers – presented by the Crane Institute of America. Participants will learn what the new crane standards will consist of. This five day class will involve classroom time and actual hands-on operation. At the completion of the five day class applicants will have the opportunity to be certified for all three cranes.
$895.00 for first person from ABC Member Company, $825.00 for each additional person from ABC Member Company
$1300.00 for each person from Non-Member Company
March 23-27, 2009 – 8:00 a.m. – 4:30 p.m. - LINCOLN
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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