On Dec. 20, President Trump signed two spending packages totaling $1.4 trillion, preventing another year-end government shutdown and providing annual funding to all agencies of the federal government through September 30, 2020. Overall, federal construction accounts saw about a nine percent increase—or $12.4 billion—in funding in comparison to FY2019 funding levels. A full AGC analysis of federal and federal-aid construction accounts for FY2020 can be found here.
What’s old is new again at the Equal Employment Opportunity Commission (EEOC) as numerous district offices have recently expanded their use of fact-finding conferences. Fact-finding conferences are part of the EEOC’s expansive statutory investigation toolkit, but they are one of the lesser-known and perhaps lesser-used tools. The EEOC is authorized by federal law to utilize fact-finding conferences and may specifically require both parties to participate in order to define, resolve, and potentially settle any issues.
On January 8, AGC of America submitted comments on the National Labor Relations Board’s latest proposed rule to modify union representation-case procedures. Not to be confused with the Board’s “quickie election” rule, which addresses different representation-case procedures, the present rulemaking proposes three changes: (1) replacing the Board’s current “blocking charge” policy with a vote-and-impound procedure that would allow representation elections to move forward while an unfair labor practice charge is pending; (2) modifying the current “voluntary recognition bar” policy by re-establishing a notice requirement and a 45-day open period within which to file an election petition following an employer’s voluntary recognition of a union under Section 9(a) of the National Labor Relations Act (“NLRA”); and – most relevant to AGC members – (3) preventing the establishment of a Section 9(a) bargaining relationship in the construction industry based on contract language alone.
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently published the updated Federal Contract Compliance Manual (FCCM). The Manual provides guidance for OFCCP's compliance officers in conducting compliance evaluations and complaint investigations and provides federal contractors with compliance assistance.
AGC joined with our highway construction industry partners in a letter to key Congressional transportation leaders to urge support for allowing federal funding to be used to implement automated enforcement in highway construction work zones. The letter pointed out that most work zone fatalities and injuries can be attributed to speeding in work zones. Speed enforcement is effective at reducing speed, but when it is carried out by a law enforcement officer, that person is placed at risk too. Implementing automated enforcement systems in work zones is successful noting that Maryland’s implementation of automated enforcement in work zones resulted in an 80% reduction in speeding violations and fatalities have dropped by half since the program’s inception. Some states lack resources to implement the technology and federal funds cannot currently be used to support this life-saving technology.
Chairmen of Senate Finance and House T&I Report Progress
Congress has completed action on compromise omnibus appropriations legislation to fund government operations through the remainder of fiscal 2020 and the President has said he will sign the measure before the current continuing resolution expires on December 20. US Department of Transportation (US DOT) programs are included in the deal. The legislation funds the highway and transit programs at FAST Act authorized levels and includes an additional $2.676 billion from the general fund (see chart below). This is the third year in a row that these programs have received supplemental general fund dollars but since the supplemental funding is below last year’s amounts the net result is flat funding for the highway program and a net decrease in transit formula funding. The agreement also cuts transit Capital Investment Grants by $575 million below last year’s level. The Airport Improvement Program will be funded at $3.75 million, $400 million above authorized levels but down $100 million from FY 2019. Congress continues to favor the Build grant program, which funds multi-modal projects, by increasing the funding by $100 million above last year’s level to $1 billion. As this is the final year of FAST Act authorization, AGC has made reauthorization a priority in this Congress to avoid future disruptions to highway and transit funding.
From the final rule to replace the repealed 2015 definition of Waters of the United States and a proposal to reform the National Environmental Policy Act procedures, to addressing the take of migratory birds and issuing regulatory determinations for per- and polyfluoroalkyl substances (PFAS); the most recent Unified Agenda shows the agencies striving to complete some of the Administration’s biggest environmental policy goals.
Congress considered adding to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) controversial language to regulate all per- and polyfluoroalkyl substances (PFAS).
Deadline to apply is February 26, 2020