shows, including the American Institute of Architects, Design-Build Institute of America and Construction Users Roundtable.  Accredited contractors are allowed to use the AQC designation as a marketing tool on bid documents, letterhead, business cards, brochures and jobsite signs.  In addition, AQC members can use the program to develop benchmarks in quality, safety, training, employee benefits and industry image, as well as feature the AQC logo in job advertisements and as part of the employee handbook.  Companies that are active members of the AQC program also receive additional points on their project submissions for ABC’s National Excellence in Construction Awards program. 

For more information or to get an application, visit www.abc.org/aqc. 

DOL RESCINDS RULE THAT ENCOURAGED UNION TRANSPARENCY: The Department of Labor’s (DOL) Office of Labor-Management Standards Oct. 13 officially rescinded a final rule issued by the Bush Administration that imposed additional financial reporting requirements on labor unions.  The form, known as the LM-2, is the primary financial reporting document for unions with annual revenue of more than $250,000, as mandated by the Labor-Management Reporting and Disclosure Act (LMRDA) of 1959.

“Today's action by the Department of Labor to rescind the LM-2 rule is a major blow to transparency, accountability and the rights of workers,” said ABC Vice President of Government Affairs Geoff Burr. “The conclusions that the department reached and expressed earlier this year were correct and supported by the LMRDA.” 

The original rule, published Jan. 21 and initially scheduled to take effect Feb. 20, would have revised the current LM-2 form and established a procedure to revoke the LM-3 form filed by smaller unions in instances where filers submitted delinquent or erroneous reports.  “This rule would have served to strengthen the LM-2 financial disclosure form and further deterred the potential for union fund embezzlement,” said Burr. “The rule was necessary and its implementation was needed in order to better carry out the department’s statutory mandate to combat union-related corruption.” 

ABC MEMBERS TO RECEIVE SUPPORT FOR STIMULUS-FUNDED CONSTRUCTION PROJECTS FROM FRINGE BENEFIT GROUP: Associated Builders and contractors (ABC) and Fringe Benefit Group (FBG) announced that ABC has selected FBG to participate in its ABC Business Partner program.  FBG will offer its retirement product, The contractors Plan, to ABC member contractors, helping them to compete for the more than $140 billion in new government construction projects created by the economic stimulus package.

“Many ABC member firms are interested in bidding on the new stimulus-funded construction projects and Fringe Benefit Group has a successful history of helping merit shop contractors doing government work comply with the added regulations,” said ABC President and CEO Kirk Pickerel.  “FBG’s programs and services will help our members fulfill the fringe benefit components of the bid requirements and stay in compliance with the government paperwork, while still providing quality benefits to their employees.”

Contractors that bid on government-funded projects are subject to prevailing wage provisions that are often based on a union scale.  Some contractors choose to pay the fringe benefit portion of the prevailing wage as additional cash wages as one way to comply with the law.  But, allocating the fringe amount to a bona fide benefit plan such as The contractors Plan, results in savings for both the employer and employees because a portion of these monies are not subject to payroll taxes and workers compensation insurance.  Additionally, with The Contractors Plan, all fringe contributions are 100 percent vested and employees have multiple distribution options.  Employees also have the freedom to choose from a variety of available funds.

ERISA UPDATE:  Recently, the United States Court of Appeals for the Seventh Circuit answered a question on the term “normal retirement age.”  Most open shop contractors have established their own pension plan for employees and the pension plan at issue in this case was a cash balance plan.  The employee in question retired prior to age 65 but claimed that he should have received a larger lump sum retirement plan payment (the “whip saw calculation” which allows beneficiaries to reinvest unearned interest).  The plan in question defined “normal retirement age” as five years of “Vesting Service.”  The employee argued that the term “normal retirement age” must be defined in terms of age.  The Circuit Court concluded that under ERISA, the employer could define normal retirement age in its discretion.  In addition, the court concluded that the plan language essentially used the age of the employee plus five years.  The court explained:  “It is employee specific, to be sure, but ‘age+5’ remains an age.”  This decision answers the question of whether the term “normal retirement age” may be different for different employees in the affirmative.  In light of this decision, Nebraska construction industry contractors may wish to discuss with their retirement plan consultant whether any definition changes in the company pension plan are appropriate.                By Bill Harding, Chapter Attorney

Training Classes

Management & Safety Class Schedule

OCTOBER & NOVEMBER 2009

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

¨  November 10, 2009 -  7:00 a.m. – 5:30 p.m. – OMAHA

¨  November 19, 2009 – 7:00 a.m. – 5:30 p.m. – NORFOLK

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.

¨  October 20, 27, November 3, 2009 – 7:00 – 5:30 p.m. – OMAHA

¨  November 24, December 1, 8,  2009 – 7:00 – 5:30 p.m. - LINCOLN 

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

¨  November 4, 2009 – 7:00 – 11:00 a.m.. – LINCOLN

¨  November 6, 2009 – 1:00 – 5:00 p.m. – OMAHA

¨  November 17, 2009 - 7:00 – 1100 a.m. – OMAHA

¨  November 18, 2009 - 7:00 – 1100 a.m. – NORFOLK

¨  November 20, 2009 – 7:00 – 11:00 a.m. - LINCOLN

Forklift 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

¨  November 11 & 12, 2009 - 7:00 a.m. – 11:00 a.m. – OMAHA