OBAMA’S HEALTH CARE REFORMS CALLED A “STEP IN THE WRONG DIRECTION”: ABC Sept. 10 criticized President Obama’s health care reforms calling current proposals a “step in the wrong direction” for their lack of free-market solutions that will improve the quality and lower the costs of health insurance. In a speech Sept. 9 to a joint session of Congress, the president reiterated his support for a not-for-profit public option and a mandate on businesses to either provide health insurance to workers or pay fines or payroll taxes.
“On behalf of America’s commercial and industrial construction contractors, we believe that creating a new, government-run health insurance plan and mandating a ‘pay or play’ provision on business owners, is a step in the wrong direction,” said ABC President and CEO Kirk Pickerel. “We are eager to work with Congress to reform the health care system with free-market solutions because consumers are better off when there is a choice and competition.” “We believe genuine health care reform must include association health plans for small businesses and their employees, tax credits to help low-income workers buy insurance, expand health savings accounts, medical liability reform that will reduce health care costs and ensure patients have the doctors and care they need, and improve information technology to prevent medical errors and needless costs,” said Pickerel.
Senate Finance Committee Chairman Max Baucus (D-Mont.) Sept 16 released his comprehensive health care reform bill that does not have a public option or an employer “pay or play” mandate but instead includes a “free-rider” provision that imposes penalties on companies whose employees’ are covered by Medicaid or who purchase insurance using government subsidies. The committee is expected to begin mark-up of the legislation Sept. 22. In addition to that bill, the Senate Committee on Health, Education, Labor and Pensions July 15 passed another version of health care reform out of the committee. The U.S. House of Representatives’ is currently to working to combine three different versions of their health care proposals into a single bill.
DOL WITHDRAWS RULE THAT WOULD OFFER TRANSPARENCY TO HEALTH REGULATIONS: The Department of Labor (DOL) Aug. 31 withdrew a proposed rule that would have altered the rulemaking process for health standards by requiring all DOL agencies, including the Occupational Safety and Health Administration, to solicit information about worker exposure to potentially harmful substances before issuing a proposed rule. The rule, originally proposed Aug. 29, 2008, would have required agencies to issue an Advance Notice of Proposed Rulemaking (ANPRM) to gather data regarding frequency, intensity and duration of worker exposure to potentially harmful substances when creating written guidelines that regulate occupational exposure to toxins and hazardous chemicals. DOL would also have to post all information online.
In comments submitted to DOL after the rule was proposed last year, ABC pointed out that the rule would increase understanding of the health issues being regulated and increase transparency in the process. “Issuing an Advance Notice of Proposed Rulemaking for health rulemakings will offer the public an additional opportunity to provide the department with outside studies and scientific data and will ensure that health regulations are formulated using the best possible information available,” ABC stated. “ABC believes that the ANPRM will provide consistency, reliability and transparency in the department’s risk assessment procedures.” According to DOL, the rule is being withdrawn because it is unnecessary and will inhibit the rulemaking process.
VERIZON WIRELESS NOW OFFERING DISCOUNTS TO ABC CONTRACTOR MEMBERS:Verizon Wireless and ABC Sept. 16 officially launched an exclusive partnership that will allow ABC contractor members to receive discounts on monthly access calling plans and devices.
Under the program, ABC contractor members will receive discounts on existing and new monthly access calling plan fees, and receive discounts on new accessories. Employees of participating contractors will be able to receive discounts on both new and existing personal lines.
In order to make the transition as easy as possible, ABC members that already have a calling plan through Verizon Wireless can sign up for the service without changing the terms of their current agreement. ABC contractors also will have access to Verizon’s construction-specific applications developed to help them improve their project management practices and increase productivity on the job.
For more information, visit www.abc.org/verizon.
EMPLOYEE HANDBOOK UPDATE: On August 27, 2009, an Administrative Law Judge (ALJ) for the NLRB found a company rule against speaking to the press to be a violation of the NLRA. The employee handbook of the employer expressly prohibited employees from releasing a statement to the news media without prior authorization. Another rule in the employee handbook limited the individuals who are authorized to speak with the media. The case arose during a union organizing drive. The employees voted 183 to 175 against representation by the union but the election was set aside because of unfair labor practices committed by the employer, including a suspension and final warning against one of the employee union supporters. The NLRB affirmed the ALJ decision and later a union representative contacted the employee for his comment about the ALJ decision to be used in a union publication. The employee said that the judge had “gotten it exactly right” in determining that the employer had discriminated against the employee union supporter. That quote was used in a union publication and later a local newspaper picked up the union’s press release and also used the employee’s quote. A company supervisor contacted the employee to remind him of the rules against unauthorized media contact but did not impose any discipline. The union filed its ULP charge with the NLRB which led to the ALJ determining that the rule against media contact was overly broad and interfered with the right of employees “to communicate with the public about an ongoing labor dispute.” This decision is a reminder to all construction industry employers that rules prohibiting employees from communicating with the media may not be enforceable, especially if applied to employees who are open supporters of the union during an organizing drive. By Bill Harding, Chapter Attorney
FALL 2009 TAX SEMINAR SCHEDULE: Do you find sales and use tax confusing? Would you like someone to explain sales and use tax to you in plain and simple language? The Nebraska Department of Revenue is conducting several educational seminars in our area. Below are just a few of the locations:
September 24 – Council Bluffs, IA
Iowa Western Community College, Looft Hall
Courses: 99-01 NE/IA Sales and Use Tax
99-02 IA/NE Construction Contractors
8:30 a.m. – Noon – Nebraska/Iowa Sales and Use Tax
1:00 – 5:00 p.m. – Iowa/Nebraska Construction Contractors
Register (800) 432-5852, Press 1, Ext. 3255
October 1 – Norfolk, NE
Northeast Community College
8:30 a.m. – Noon – Sales and Use Tax
1:00 – 4:30 p.m. – Microenterprise Tax Credit and Construction Contractors
Register: (402) 844-7000
October 7 – Fremont, NE
First State Bank, 1005 E 23rd Street
Courses: FINA 501N 70 Nebraska Sales and Use Tax
FINA 503N 70 Microenterprise Tax Credit & Construction Contractors
8:30 a.m. – Noon – Sales and Use Tax
1:00 to 4:30 p.m. – Microenterprise Tax Credit and Construction Contractors
Register: Metropolitan Community College – (800) 228-9553 or (402) 457-5231
October 19 – Lincoln, NE
Southeast community College
8:30 – Noon – Sales and Use Tax
1:00 – 4:30 p.m. – Microenterprise Tax Credit and Construction Contractors
Register: Amy Chelsey (402) 437-2834
The Nebraska Department of Revenue offers these seminars as a free service; however, the facility may charge a fee. These fees are the responsibility of the attendee. For more information go to www.revenue.ne.gov
EXCELLENCE IN CONSTRUCTION
Entry forms and more information regarding EIC
will be mailed to you in the very near future.