This week at the AFL-CIO winter meeting, Vice President Biden told supporters that the so-called Employee Free Choice Act (EFCA) could still be passed this year.   Though the challenge of pushing this legislation through the Senate became difficult with the election of Sen. Scott Brown (R-Mass.), those in favor of the bill are still trying to find a way to get something passed this year. 

Some senators still would like to see a compromise, which AGC anticipates would include post cards instead of secret ballot elections - so-called "quickie" elections - to be held within a certain timeframe, and increased access to the work place by union organizers.  If unable to come to a compromise, Sen. Tom Harkin (D-Iowa) has called for the Senate to vote on the legislation.

AGC remains firm in the belief that there cannot be any compromise. AGC is concerned that even a genuine and well-intended proposal for a compromise could become a "Trojan horse" that EFCA's proponents would simply use to sneak EFCA past a cloture vote in the Senate. Unless and until EFCA's proponents completely and irreversibly abandon that legislation, the risk of a compromise becoming a "Trojan horse" for EFCA will remain too great for this industry to entertain any discussion of compromise. 

Click here to send a letter in opposition to EFCA to your senators. All senators need to keep hearing about opposition to EFCA.

Read the latest article in the Wall Street Journal on EFCA.

In February, the Senate was unable to pass the nomination of Craig Becker to become a member of the National Labor Relations Board (NLRB).   Becker is the Associate General Counsel of the SEIU and the AFL-CIO and has been a prolific writer on the National Labor Relations Act, the law he would be responsible for interpreting and enforcing.   These writings have indicated his extreme views on labor law, such eliminating the role of employers in union elections and vastly limiting the role of employers in communicating with their employees. In addition, he is a strong advocate of the so-called Employee Free Choice Act and is certain to push the NRLB to effect changes to employee rights like those attempted by the bill.

There is a strong possibility that President Obama will appoint Becker to the NLRB with a recess appointment during the Senate's Easter break. In remarks to the AFL-CIO winter meeting, Secretary of Labor Hilda Solis hinted that the president would take this approach.  If this occurred, Becker would serve until the end of 2010. 

AGC opposes the nomination of Becker to the NLRB because of his controversial positions on labor law.  To write to Congress in opposition of this nomination, click here.

Senate Majority Leader Harry Reid (D-Nev.) and President Obama have both indicated that they want to pursue comprehensive immigration reform in 2010. Senator Charles Schumer (D-N.Y.) and Senator Lindsey Graham (R-S.C.) are trying to craft a bipartisan measure that could be introduced in the Senate.

AGC remains very active in the early negotiations on such a bill and continues to meet with congressional staff to highlight the main interests and concerns for our industry. As a steering committee member of the Essential Worker Immigration Coalition (EWIC), AGC continues to talk with Congress about the need for workable immigration reform that includes reasonable employer enforcement, as well as a new future flow visa program that would be determined by the needs of the market instead of a random number chosen by an unelected commission.

This week, the Chairman of the House Education and Labor Committee, Congressman George Miller (D-Calif.), introduced a bill to provide five days of paid sick leave to employees that have symptoms of a contagious illness or have been in close contact with someone who has the symptoms. 

The Emergency Influenza Containment Act is a direct result of the H1N1 virus, but the language of the bill is so broad that any contagious illness could be covered.  Employers who direct an employee to leave work or to not come into work would have to provide up to 5 days of paid sick leave over a 12 month period.  This legislation would apply to all employers with 15 or more employees. 

This legislation is different than another bill, The Healthy Families Act, which would require employers with 15 or more employees to allow employees to earn 1 hour of paid sick leave for every 30 hours worked.  AGC is opposed to The Healthy Families Act because it requires a one-size-fits-all paid sick leave package of 56 hours and limits an employers' flexibility in creating a benefits package that would meet the needs of the construction industry's unique workforce. 

Congressman Miller has indicated that he wants to have a hearing and pass the Influenza Act sometime this month.  As of now, AGC expects these two mandatory paid sick leave bills to remain separate.  AGC will continue to report on movement on either bill.

For more information, contact Kelly Knott at (202) 547-4685 or knottk@agc.org.

The Department of Labor canceled the Manchester New Hampshire Job Corps Center construction solicitation due to concerns surrounding a project labor agreement (PLA) requirement.

In September, AGC of America, in cooperation with AGC of  New Hampshire, sent a letter to the Department of Labor expressing concerns about the agency's decision to include a PLA mandate in solicitations related to the construction of a new Job Corps Center in Manchester, N.H., and demanding information about the agency's justification and decision-making process. Read more here.

DOL announced this week that the solicitation was cancelled because it believes that "it is in the public interest for the Department to further evaluate the issues involved in the PLA requirement" as it is a new issue to DOL.

AGC will continue to closely monitor any federal agency PLA activity.  If your chapter becomes aware of any PLA mandates on federal or federally assisted construction projects, please send information to Marco Giamberardino at giamberm@agc.org.

This week, the Chairman of the House Education and Labor Committee, Congressman George Miller (D-Calif.), introduced a bill to provide five days of paid sick leave to employees that have symptoms of a contagious illness or have been in close contact with someone who has the symptoms. 

The Emergency Influenza Containment Act is a direct result of the H1N1 virus, but the language of the bill is so broad that any contagious illness could be covered.  Employers who direct an employee to leave work or to not come into work would have to provide up to 5 days of paid sick leave over a 12 month period.  This legislation would apply to all employers with 15 or more employees. 

This legislation is different than another bill, The Healthy Families Act, which would require employers with 15 or more employees to allow employees to earn 1 hour of paid sick leave for every 30 hours worked.  AGC is opposed to The Healthy Families Act because it requires a one-size-fits-all paid sick leave package of 56 hours and limits an employers' flexibility in creating a benefits package that would meet the needs of the construction industry's unique workforce. 

Congressman Miller has indicated that he wants to have a hearing and pass the Influenza Act sometime this month.  As of now, AGC expects these two mandatory paid sick leave bills to remain separate.  AGC will continue to report on movement on either bill.

On Wednesday, the Senate Health, Education, Labor and Pensions (HELP) Committee voted Republican Brian Hayes and Democrats Mark Pearce and Craig Becker forward for the National Labor Relations Board (NLRB).   AGC, along with other business groups, sent a letter to the HELP Committee expressing concern over both the committee process of not holding a hearing on Becker as well as concerns with Becker's writings and beliefs with regard to labor law due to his expressed view that labor law and national labor policy can be changed through NLRB decisions as opposed to going through the legislative process. 

The Employee Free Choice Act, or Card Check, could be affected by Becker's beliefs. Thought it is currently stalled in Congress, components of the Employee Free Choice Act, or Card check, could be implemented by rulings of the NLRB under Becker's guidance.

Senator John McCain (R-Ariz.) is expected to put a hold on Becker, preventing a vote in the full Senate, and Senator Orrin Hatch (R-Utah) has also objected to Becker's confirmation.   While this will slow down Becker's nomination, it also will likely hold up the approval of Hayes and. Pearce because NLRB appointments are usually voted on in a package rather than individually.   The timing of any Senate floor vote is uncertain due to the expected hold on the Becker nomination.

This week, House and Senate conferees working on the appropriations bill for the Department of Homeland Security agreed to an extension of the E-Verify electronic verification system for three years.   

Conferees negotiated a simple three-year extension after considering differences on both sides.  For example, the Senate version of the bill would have made the program permanent and allowed for employers to verify existing employees. 

The extension would keep the program voluntary and authorize the continuation of the program in its current form.  However, the bill still needs to see final action on the floor of both the House and the Senate.   AGC expects the legislation to reach the floor before the end of October, and will monitor the issue closely.

On September 23, AGC submitted supplemental comments to a July 14, 2009 Federal Acquisition Regulation (FAR) Council notice of proposed rulemaking, which implemented President Obama's Executive Order 13502 to create new FAR contract clauses to be included in federal contracts should an agency choose to require a Project Labor Agreement (PLA) on a particular federal construction project.

AGC originally submitted comments on the proposed rule that encourages (not requires) agencies to consider (not necessarily adopt) a PLA requirement on large-scale construction projects (defined as projects with a total cost to the federal government of $25 million or more) on a project-by-project basis where certain criteria are met.

AGC's supplemental comments focused on concerns that a requirement for a PLA might be placed after contract award. AGC opposes this ex post facto imposition as it directly interferes with the relationship between a prime contractor and the subcontractors, and causes massive disruption of the procurement process. AGC strongly urged the FAR Councils to clarify in the Final Rule that agencies, contracting officers and their representatives are forbidden from pursuing such course of action.

Read more about AGC's Comments and the Proposed Rule here.

In an address to the AFL-CIO convention on Tuesday, Senator Arlen Specter (D-Pa.) unexpectedly announced that some senators had come up with a "compromise" on the Employee Free Choice Act (EFCA) and that it would pass this year. This announcement remains more wishful thinking on the part of top EFCA supporters as no official compromise has been made and there are not enough votes in the Senate to stop a filibuster at this time. The small group of pro-EFCA senators has been trying to find a compromise to the card check provision, and it is believed that any compromise would still require mandatory arbitration, among other items opposed by AGC.  AGC remains opposed to compromise on this bill as it is likely to be used as a Trojan Horse to pass EFCA in its current form.

It is important to continue communicating your opposition to elected officials on the Employee Free Choice Act, any compromise or cloture in the Senate on the bill.  Please use the AGC Legislative Action Center to send a letter to your members of congress in opposition to Card Check or any compromise.

The key Senate targets remain:

• Mark Begich (D-Alaska)
• Blanche Lincoln (D-Ark.)
• Mark Pryor (D-Ark.)
• Dianne Feinstein (D-Calif.)
• Mark Udall (D-Colo.)
• Michael Bennet (D-Colo.)
• Evan Bayh (D-Ind.)
• Mary Landrieu (D-La.)
• Max Baucus (D-Mont.)
• Ben Nelson (D-Neb.)
• Harry Reid (D-Nev.)
• Arlen Specter (D-Pa.)
• Mark Warner (D-Va.)
• Jim Webb (D-Va.)