ABC OBJECTS TO RECESS APPOINTMENT OF CRAIG BECKER TO THE NLRB: ABC March 29 strongly objected to President Obama’s appointment of Craig Becker to the National Labor Relations Board (NLRB) while Congress was on recess. Becker, who was serving as general counsel to both the AFL-CIO and the Service Employees International Union until the appointment, was rejected by a 52-33 bipartisan vote in the Senate on Feb. 9. The NLRB is the federal agency that supervises and conducts union representation elections and rules on unfair labor practice charges filed by unions, employees and employers. The NLRB enforces and interprets the National Labor Relations Act - the law that governs private sector labor-management relations – and is designed to offer impartial judgment.
Following Obama’s announcement of Becker’s appointment, ABC 2010 National Chairman Jim Elmer, president of James W. Elmer Construction Co., Spokane, Wash., called Becker’s appointment “a political payback to big labor,” and noted that Becker’s radical theories on labor law are one of the reasons his nomination failed in the Senate.
Elmer pointed out that it is unlikely Becker “will administer our nation’s labor laws in an unbiased manner.” Becker is the first person to sit on the NLRB who worked directly for a labor organization. “Radical partisanship has no place in a federal board designed as an independent agency to serve the public interest,” said Elmer. “Allowing Craig Becker a seat on the National Labor Relations Board will disrupt years of established precedent and the delicate balance in current labor law.”
Becker has written law review articles and journals, which reveal his extreme views on labor law. Among other things, he has proposed significantly restricting, if not essentially banning, employers from communicating with employees about unions during an election and significantly restricting employer involvement in NLRB hearings.
CONTRACTORS MUST BE TRAINED IN LEAD SAFETY PRACTICES BY APRIL 22: The Environmental Protection Agency (EPA) April 22 will begin enforcing a rule which requires all contractors performing renovation, repair and painting projects that disturb more than six feet of lead-based paint in pre-1978 homes, child care facilities and schools be certified and follow specific work practices to prevent lead poisoning. The rule is a part of the EPA’s Lead-Safe Renovation, Repair and Painting(RRP) program which was established April 22, 2008. Under the RRP program, both firms and individual employees must be certified by the April 22 deadline.
Firms can become certified by completing an application and sending in a fee payment. Applications may take up to 90 days to be approved by EPA. Individual renovation contractors must complete an EPA-accredited training course in order to receive certification. If you need training please contact the Lincoln Office so we can schedule appropriate training.
D.C. PLA BILL WOULD HURT LOCAL WORKERS, STUDY SHOWS:ABC March 31 released a new study that determined implementing government-mandated project labor agreements (PLAs) on construction projects in the District of Columbia would hurt local workers and businesses.
The study comes at the same time the D.C. Council is considering the District Resident Employment and Trade Stimulus Act of 2010 (Bill 18-650) that would require PLAs on all government-assisted projects costing more than $200,000 in D.C. ABC Chief Economist Anirban Basu, the author of the study, called the bill “bad economic policy.” “PLAs would deprive taxpayers of the benefits of open competition from local contractors because these agreements favor union workers, who comprise a minority of the local construction workforce,” said Basu.
“Quality local firms like my company have successfully built public works projects in the District free of PLAs for decades,” said Jim Anglemyer, president of WCS Construction, LLC, a construction contracting firm based in Washington, D.C. “There is no reasonable justification for PLAs in the District. This legislation is special interest politics; the D.C. Council should be supporting all local businesses rather than choosing favorites.”
“President Obama’s order to encourage the use of PLAs on federal construction projects costing more than $25 million could determine whether PLAs will be used on upcoming D.C.-area construction projects built by the federal government,” said Ben Brubeck ABC’s director of federal procurement and labor affairs. “The D.C. Council legislation, coupled with President Obama’s pro-PLA executive order, has the potential to make it impossible for D.C.’s nonunion contractors and employees to earn a living.”
ABC ENCOURAGES CONTRIBUTIONS TO FOLDS OF HONOR FOUNDATION: ABC is seeking contributions in support of the Folds of Honor Foundation, whose mission is to help military families by providing scholarships for dependents and spouses of service members that have been killed or disabled as a result of military service. F-16 fighter pilot and PGA golf professional Major Dan Rooney, the foundation’s CEO, was the keynote speaker at ABC’s national convention. With the Folds of Honor Foundation needing a new headquarters building, the ABC Oklahoma Chapter and its members secured donations for 80 percent of the work. The headquarters are scheduled to open May 28 in preparation for a May 31 celebration and gala, but more contributions are needed for the completion of the building. ABC is encouraging its members to step in and help the Folds of Honor Foundation meet its deadline.
To make a donation, go to the Folds of Honor website, www.foldsofhonor.com and indicate “ABC” as the company/organization designation. Checks can be sent to Folds of Honor Foundation, 7030 S. Yale, Ste. 600, Tulsa, Okla. 74136, with “ABC” written in the note line.
TRAVEL TIME UPDATE:On February 22, a federal court in Kentucky ruled that a heavy equipment operator may proceed with his lawsuit seeking compensation for time spent traveling home on weekends while working at remote job sites. The court found that a genuine issue of material fact existed as to whether the employee’s “travels home while working at remote locations were voluntary.” The heavy equipment operators in question often were required to travel to remote locations and received per diem compensation for each day spent working at a remote site but if they traveled away from the remote site on their days off, the employer did not provide compensation for what it viewed as “voluntary” travel time. The employer asserted that employees could stay at the remote locations on non-work days and receive a per diem amount to cover living expenses. However, the court concluded that there was insufficient evidence to show that any employees of the company had access to the document or that the policy was ever implemented. The court concluded: “The mere existence of a policy does not substantiate its implementation.” This decision is a reminder to all construction industry employers that compliance with the FLSA is important but it is just as important to be able to prove that all company employees have received and understand all company personnel policies. If those policies are not included in the company handbook, a separate distribution of the policies should be made and a signed and dated receipt from each employee should be obtained just like it is for the company handbook. Failure to do so may result in expensive federal court litigation like it did in this case. By Bill Harding, Chapter Attorney
Training Classes
Management & Safety Class Schedule
APRIL 2010
First Aid/CPR Classes We have a newly purchased state-of-art AED trainer
$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
¨ April 14, 2010 – 7:00 – 11:00 a.m. – LINCOLN
¨ April 15, 2010 – 7:00 – 11:00 a.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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