The White House is strongly considering using the upcoming Congressional Recess to appoint attorney Craig Becker to the National Labor Relations Board (NLRB), despite the fact that the Senate has already refused to confirm the nomination of Becker to a five-year term on the Board, effectively blocking his confirmation. A recess appointment is a way for the president to do an end run around Congress. If the recess appointment is made, it would last until the end of this year.

Read more on Becker here.

AGC opposed the nomination of Mr. Becker to the NLRB because of his controversial positions on labor law.   AGC joined other associations on a letter to the president outlining our opposition to a recess appointment.  In addition, all Senate Republicans sent a letter to President Obama asking him not to use the upcoming two-week break to make this recess appointment. 

Please use the Legislative Action Center to contact the White House and your Senator to inform them of your opposition to the recess appointment of Craig Becker.

Last week, the House Education and Labor Committee released a discussion draft of the Protecting America's Workers Act (PAWA).   The draft is focused on: increased whistleblower protections; changes to the appeals process for the abatement of hazards; victim's rights; and civil and criminal penalty increases. 

AGC is reviewing the new discussion draft to determine the changes to current law and the impact it would have on the industry.   It is expected that the House Committee will take action on this bill in April.

The Senate was unable to pass the nomination of Craig Becker to become a member of the National Labor Relations Board (NLRB) in February.   However, there is a strong possibility that the president could 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 this year. 

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 will be responsible for interpreting and enforcing.   These writings have indicated his extreme views on labor law such as wanting to eliminate 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 attempting by the bill.

AGC opposes the nomination of Becker to the NLRB because of his controversial positions on labor law.  AGC members can contact Congress by using the AGC Legislative Action Center.

Senator Chuck Schumer (D-N.Y.) and Senator Lindsey Graham (R-S.C.) are expected to release an Op-ed tomorrow to provide an outline of what could be expected in a Comprehensive Immigration Reform bill, on which both senators are working.  They met last week with President Obama on immigration reform, and a demonstration is scheduled for Sunday.   

AGC remains a steering committee member of the Essential Worker Immigration Coalition (EWIC) and is in active discussions with both Capitol Hill staff and the administration on this issue.  AGC is seeking to promote workable reform, which would include reasonable employer enforcement as well as a new visa program that would create a system to supply the U.S. economy with the workers it needs as the country begins to recover from the downturn and grow in the years ahead.

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.