WHITE HOUSE DEAL WITH LABOR IS AN ASSAULT ON SMALL BUSINESS—GOOD NEWS???The Jan. 19 victory by Sen. Scott Brown (R-Mass.) in the race to fill the seat vacated by the late Sen. Edward Kennedy (D-Mass.) further complicates the path to passage of major health care reform. On Jan. 20, Senate Majority Leader Harry Reid announced that there will be no further votes on health care in the Senate until Senator-elect Brown has been seated.
However, the White House Jan. 14 made a deal with labor unions behind closed doors that will exempt some union members from a tax on their high-cost insurance coverage, or “Cadillac” plans, for five years longer than other employers. The tax will apply to the type of health insurance that often has the lowest deductibles and excellent benefits that cover even the most expensive treatments. The excise tax, contained in the Senate version of health care reform (H.R. 3590), would apply to most health plans beginning 2013, but will be delayed for labor unions until 2018, under the compromise. In exchange, the union leaders agreed to soften their opposition and support the health care legislation.
“This health care bill is full of pay offs to politicians – and now special interest groups – and continues to be a blatant assault on small business,” said Geoff Burr, ABC vice president of federal affairs. “If this president and the Congress are serious about reforming the health care system, they should soundly reject any special interest provisions in this legislation that add up to a political payoff.”
OPPORTUNITIES TO HELP HAITI: ABC members that are interested in making a donation to help in the recovery efforts after the devastating earthquake in Haiti can contribute to one of the following organizations.
Partners in Health - Donate here.
American Red Cross - Donate here.
Habitat for Humanity - Donate here.
St. Bonafice Haiti Foundation ABC member Jeff Lynch serves on the Board of Directors of the St. Bonafice Haiti Foundation, which built and funds a hospital in Fond des Blancs, 65 miles southwest of Port au Prince. Started in 1983, the hospital serves an area that covers approximately 200,000 Haitians. Learn more here.
NEGOTIATIONS UPDATE: Recently, the United States Court of Appeals for the Sixth Circuit upheld an NLRB decision concluding that a construction contractor violated the NLRA by withdrawing union recognition about five months after the NLRB approved a settlement which required the company to recognize and bargain with a union for the first time. The construction company withdrew recognition after 5 1/2 months of bargaining during which time the parties met three times for a total of six hours. At the end of the third meeting, the company and the union had agreed upon most of the terms of the contract, but the company withdrew recognition a month later based on a petition signed by a majority of the workers in the bargaining unit. The NLRB concluded that the company did not follow the NLRB policy that an employer must bargain “for a reasonable period” without regard to the union’s majority status if the bargaining relationship was based upon a settlement agreement. The NLRB announced this standard and the five elements of the test to be applied on a case by case basis in a building materials employer decision in 2001. The court agreed with the NLRB that the NLRB test was itself reasonable and that the contractor did not bargain for a reasonable period before withdrawing recognition. This case is a reminder to all construction industry employers that negotiations with a union based upon a settlement agreement with the NLRB bring additional requirements than bargaining which is simply based upon the results of an NLRB election. Construction industry employers faced with such a situation should be careful to follow all such requirements, especially when it comes to withdrawing recognition from the union.
By Bill Harding, Chapter Attorney
CONSTRUCTION MATERIALS PRICES’ INSTABILITY COULD MEAN DIFFICULT YEAR:The cost of construction materials prices rose 0.2 percent in December 2009, according to a Jan. 20 producer price index (PPI) report by the U.S. Department of Labor. Construction materials prices are 0.4 percent higher than in December 2008. The slight increase of construction materials prices does not appear to be particularly newsworthy,” said ABC Chief Economist Anirban Basu. “However, the figure masks a growing volatility in the construction market. This volatility is attributable to numerous factors, including growing speculation regarding the health of the U.S. dollar, the growing Chinese economy, the sagging U.S. economy, and other major factors that influence material prices.”
Those commodities regularly tracked by ABC that have seen the greatest change for the month include prepared asphalt, tar roofing, and siding products, up 5.9 percent in December, but still 3.4 percent less than December 2008. Also, nonferrous wire and cable prices climbed 3.9 percent for the month, and are 20.2 percent higher than one year ago. Softwood lumber prices increased 3.8 percent on the month, and 3.5 percent from the same time last year. “While not all materials prices rose, many of the most important components for ABC members changed substantially in the span of just one month,” said Basu. “This instability makes bidding for jobs more difficult and may be a precursor of what lies ahead in 2010.”
“The major variable to watch over the next year may very well be the U.S. dollar,” Basu said. “Any significant move of the dollar in one direction or the other is likely to have significant impact on materials prices. With the structure of the U.S. economy, given the presence of low interest rates, the presumption is any significant move in the dollar will be to the downside. That would likely result in a potential sharp increase in materials prices.”
Training Classes
Management & Safety Class Schedule
JANUARY & FEBRUARY 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
¨ January 27, 2010 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ 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
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.
¨ February 2, 9, 16, 2010 – 7:00 – 5:30 p.m. - OMAHA
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
¨ January 28, 2010 – 7:00 – 11:00 a.m. - OMAHA
¨ January 29, 2010 – 1:00 – 5:00 p.m. – LINCOLN
¨ February 9, 2010 – 1:00 -5:00 p.m. - LINCOLN
¨ February 10, 2010 – 1:00 – 5:00 p.m. - OMAHA
¨ 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