NOMINATION OF CRAIG BECKER TO THE NLRB TURNED BACK BY THE SENATE: The U.S. Senate failed, by a vote of 52-33, to invoke cloture on the motion to proceed to the nomination of Craig Becker to serve on the National Labor Relations Board. We thank both Senator Johanns and Senator Nelson for supporting our position. As you know, CDW, and many of our individual trade association members, opposed Mr. Becker’s nomination due to his radical views on workplace organizing.
The NLRB is the critical 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.
Craig Becker had written numerous 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. Mr. Becker also was involved in President Obama’s labor transition team, where he assisted in drafting pro-labor executive order on rescinding President Bush’s Ban on Project Labor Agreements.
UNIONS BASH DEMOCRATS, WARN OF FALLOUT: “Labor groups are furious with the Democrats they helped put in office,” reports Politico.com following the “Senate’s failure to confirm labor lawyer Craig Becker to the National Labor Relations Board” on Tuesday. The leader of one of the country’s largest unions, the American Federation of Government Employees, which represents 600,000 workers, said: “We put out big time in money and volunteers and support. And it seems like the little things that could have been aren’t being done.”
Also irritating the large labor unions is the fact that the “card check’ bill that would make it easier to unionize employees has gone nowhere” and the “sweetheart deal to keep their health plans tax-free under the Senate health care bill” has collapsed. The Politico writes: “When you talk to labor officials these days, much of their animus is directed at Senator Ben Nelson (Nebraska) who helped filibuster Becker’s confirmation.” The left-leaning Service Employees International Union, “called Change That Works,” and their Nebraska director “now criticize Nelson.”
NEBRASKA TAX REVENUE REBOUNDS IN JANUARY: Reports show that even though “a lot of uncertainty continues to hang over Nebraska’s economy,” a Nebraska Department of Revenue report on January tax receipts shows net receipts down only “slightly under the revised forecasted amount made in October by the Nebraska Economic Forecasting Advisory Board.” According to Nebraska Tax Commissioner Doug Ewald, “The hemorrhaging we saw in December has slowed.” Individual and corporate income taxes were up, but sales tax collections were down.
OSHA UPDATE: On January 8, the Occupational Safety and Health Review Commission (OSHRC) reversed an Administrative Law Judge (ALJ) on an issue of unpreventable employee misconduct in a case which could have a major impact in the construction industry. The employee was killed when he was thrown from a tractor in a utility right of way and struck by the mowing device attached to the tractor. The ALJ agreed with OSHA that the construction company in question had violated the general duty clause requiring the employer to maintain a safe worksite. However, the ALJ vacated the decision based upon the contractor’s evidence that the employee failed to wear his seatbelt and knew that he was subject to discipline if he violated that company work rule. On appeal, OSHRC vacated and reversed the ALJ decision on the employee misconduct issue and affirmed the safety citation against the contractor. OSHRC noted that company supervisors submitted daily and weekly reports stating that they had inspected seatbelts on all company equipment even though the inspections were not made. In addition, the contractor’s safety director did not have a procedure in place to guarantee that job site supervisors were conducting daily safety inspections on equipment. The OSHA compliance officer and a police deputy who investigated the accident reported that the seatbelt on the tractor in question was not working properly and OSHRC noted that the contractor could not prove to the contrary since daily safety inspections had not been conducted. It is clear that during the Obama Administration OSHA inspections will increase. Contractors should always take safety matters very seriously and this case makes it clear that company safety policies and procedures need to be both written and implemented. Contractors are well advised to implement policies now requiring an overview process to ensure that job site supervisors are actually performing safety inspections and other requirements on a daily or a weekly basis. Failure to do so could result in OSHA citations and penalties as it did in this case. By Bill Harding, Chapter Attorney
Training Classes
Management & Safety Class Schedule
FEBRUARY & MARCH 2010
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
¨ February 18, 2010 – 7:00 a.m. – 5:30 p.m. – KEARNEY
¨ February 23, 2010 – 7:00 a.m. – 5:30 p.m. – OMAHA
¨ February 25, 2010 – 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ March 4, 2010 - – 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ March 11, 2010 -– 7:00 a.m. – 5:30 p.m. – NORFOLK
¨ March 18, 2010 - – 7:00 a.m. – 5:30 p.m. – OMAHA
¨ March 24, 2010 - – 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ March 31, 2010 - – 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.
¨ March 2, 9, 16, 2010 – 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
¨ February 17, 2010 – 1:00 – 5:00 p.m. – KEARNEY
¨ February 24, 2010 – 7:00 – 11:00 a.m. – LINCOLN
¨ February 25, 2010 – 7:00 – 11:00 a.m. – OMAHA
¨ February 25, 2010 – 7:00 – 11:00 a.m. – OMAHA
¨ March 10, 2010 – 7:00 – 11:00 a.m. – NORFOLK
¨ March 16, 2010 – 1:00 – 5:00 p.m. – OMAHA
¨ March 18, 2010 – 1:00 – 5:00 p.m. – LINCOLN
¨ March 30, 2010 – 7:00 – 11:00 a.m. – OMAHA
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 crane standards 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
$1,300.00 for each person from Non-Member Company
$450 for each recertification
¨ March 22 – 26, 2010 – 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