MAY 21, 2009 (05/21/2009)

JOHN BOEHNER, MITCH MCCONNELL TO SPEAK AT 2009 LEGISLATIVE CONFERENCE: During ABC’s 2009 Legislative Conference, June 23-25 in Washington D.C., ABC members will have the chance to get updates from Republican leaders in Congress on the potential outcome of a range of issues.

 Senate Republican Leader Mitch McConnell (R-Ky.) and House Republican Leader John Boehner (R-Ohio) will speak on key issues such as project labor agreements, green jobs and the Employee Free Choice Act, or card check legislation.  They will provide ABC members with an inside view of pending legislation that affects the construction industry.

ABC MEMBERS RISE TO THE TOP OF ENR TOP 400 CONTRACTORS: All of the top 10 companies on Engineering News-Record’s 2009 Top 400 Contractors list are ABC member firms.  Additionally, 21 of the top 25 and firms on the 2009 list belong to ABC, while 38 of the top 50 are members as well.

 The 2009 Top 400 Contractors list ranked companies according to 2008 construction revenue in millions of dollars.

CONSTRUCTION MATERIALS PRICES CONTINUE DOWNWARD TREND IN APRIL:The price of construction materials continued their downward trend, falling 0.4 percent in April 2009, according to a May 14 producer price index report by the U.S. Department of Labor.  On a year-over-year basis, construction input prices dropped 3.7 percent.  “Given the weakness of the broader economy, lower construction materials prices are a necessary ingredient to stimulate nonresidential construction in segments not directly impacted by the American Recovery and Reinvestment Act of 2009,” said ABC Chief Economist Anirban Basu. “It is hoped that producer prices will remain low or continue to decline allowing developers to move ahead with projects, in part, because of limited financing opportunities.”

 “There remains significant debate regarding the recent run-up in oil and other commodity prices,” Basu noted. “Some believe that this is a reflection of rising inflationary expectations, which are emerging primarily due to a combination of extreme monetary and fiscal stimulus. Others believe that there are more mundane explanations, including growing seasonal demand for certain commodities and growing confidence in the performance of the global economy as 2010 approaches.  “Whatever the explanatory factors, any consequential increase in construction materials prices would be unfortunate from a broader national perspective,” Basu said. “The nation remains in the midst of a period characterized by substantial infrastructure investment, and rising construction materials prices would ultimately hurt the ability of federal, state and local governments to purchase more infrastructure projects.”  

To read the full report, clickhere.  

ABC JUNE 17 WEBINAR TO HELP MEMBERS NAVIGATE LEED DOCUMENTATION: ABC members can learn how to navigate the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) certification process at the June 17 webinar, “Managing LEED Credit Documentation: Where the Paper Meets the Project.”  LEED is a certification process for green buildings that can impose paper-intensive obligations on a project team, requiring contractors to document LEED credits they are responsible to obtain, such as waste recycling and material compliance.  Melissa A. Orien, of Holland and Hart LLP, will help participants learn the steps for preparing LEED documentation and identify what LEED credits apply to construction projects, as well as the best practices to implement for determining LEED documentation and management responsibilities.

To learn more or to register for the webinar, visit www.abc.org/webinar.

UNION ORGANIZING UPDATE:On March 4, 2009, the AFL-CIO Executive Council authorized the AFL-CIO President and Executive Committee to continue discussions with unions in the Change to Win (CTW) coalition, as well as the National Education Association (NEA).  The authorization stated that the primary purpose of the continuing discussions was to “bring the union movement back together” so that union organizing efforts would be coordinated and more successful.  If the CTW unions and the NEA become members of the AFL-CIO, union organizing efforts during 2009 and beyond would be much more substantial.  However, not all of the AFL-CIO unions support the process.  The President of the International Association of Machinists, Thomas Buffenbarger, was critical of the continued talks with some of the CTW unions.  He noted that the Teamsters union is under federal monitorship while UNITE-HERE is “getting a divorce and fighting over the bank account.”  He also dismissed continuing talks with SEIU because that union is in “so much turmoil” and the members of SEIU throughout the country are very “dissatisfied.”  The spokesman for CTW noted that both CTW and the AFL-CIO are working to “build a unified labor organization” and that both federations are working on passage of the Employee Free Choice Act (EFCA) and hope that reunification and passage of EFCA will lead to substantially more union organizing gains in 2009.  Construction industry employers who operate on an open-shop basis should anticipate a sharp increase in union organizing activity during 2009.                                                                                       By Bill Harding, Chapter Attorney

WAGE PAYMENT AND COLLECTION ACT UPDATE: On February 27, 2009, Lancaster County District Judge Karen Flowers issued a decision concerning a claim by a retired professor against the University of Nebraska for unpaid vacation benefits under the Nebraska Wage Payment and Collection Act (WPCA).  The case involved the University’s “use it or lose it” policy concerning vacation leave and the judge ruled against the retired employee.  As a consequence, some commentators have jumped to the conclusion that “use it or lose it” policies are valid under the WPCA.  However, the judge ruled against the retired employee because he did not file claims against the University on a timely basis each time he forfeited vacation hours under the “use it or lose it” policy.  The Nebraska statutes (§ 25-218) bar claims which are not made within “two years after the claim arose.”  The retired employee made no such claims and the judge ruled against him on the vacation hours which were forfeited under the “use it or lose it” policy.  However, Judge Flowers stated that “had Blezek challenged the forfeiture of his vacation hours, he would have won.”  In other words, the February 27, 2009 decision does not validate the use of “use it or lose it” policies, and the case was decided on a statute of limitations issue.  Until and unless the decision by Judge Flowers is reversed or other decisions under the WPCA are issued on this point, Nebraska employers should avoid “use it or lose it” policies.  Establishing “maximum accrual” limits on vacation benefits is still the “safe harbor” under the WPCA.                                                         By Bill Harding, Chapter Attorney

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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

¨  May 27, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  June 2, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  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

 

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Return Registration Form and Check Payable to Associated Builders & Contractors

830 Westgate Blvd., Lincoln, NE  68528    FAX 402-477-4522

Email-debh@abcnebraska.org

 


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