Dallas-Plano-Irving, Texas and Omaha-Council Bluffs, Neb.-Iowa Have Largest Gains; New York City and Fairbanks, Alaska Lag the Most as Industry Calls for Measures to Boost Supply of Qualified Workers

CLC volunteers from the Builder’s Association in Kansas City, Missouri braved the humidity on Saturday, August 10, 2019, to transform the outdoor areas of an Overland Park Missouri residence into an attractive and welcoming landscape. The residence is owned and operated by Friends of JCDS (Johnson County Developmental Supports), Inc., a non-profit that provides affordable and accessible housing and other services for adults with intellectual and developmental disabilities.

AGC joined with a coalition of 33 other organizations calling for the Council on Environmental Quality (CEQ) to finalize revisions to the National Environmental Policy Act (NEPA) regulations as proposed last year. In a letter this week the groups told CEQ the proposed changes would allow for increased infrastructure investment and project development in a manner that strengthens our economy and enhances environmental stewardship. The letter also pointed out that revisions to the NEPA review process should aim to increase transparency and predictability as well as coordination between federal agencies to eliminate unnecessary barriers that prevent or delay the implementation of important projects. AGC participated in a Nov. 20 meeting at the Office of Management and Budget (OMB) to further discuss the need to update these rules.

Passes Funding Legislation that Repeals Federal Highway Cut

The National Labor Relations Board (NLRB) in LA Specialty Produce Company recently overturned an administrative law judge’s (ALJ) finding that an employer’s confidentiality rule and media rule violated the National Labor Relations Act (NLRA). Applying the balancing test articulated in its 2017 Boeing decision for the first time, the NLRB emphasized that a work rule is lawful if, when reasonably interpreted, it does not interfere with rights protected by the NLRA. The work rule must be considered in the context of its everyday application. Moreover, even if the rule in question might interfere with NLRA rights, the NLRB must weigh the impact of the rule on NLRA rights against the employer’s business justification for the rule. The rule is unlawful only if the adverse impact on NLRA rights outweighs the justification for the rule.
<p>On Nov. 15, the U.S. Environmental Protection Agency (EPA) finalized an AGC-supported <a href="https://www.epa.gov/hw/increasing-recycling-adding-aerosol-cans-universal-waste-regulations">rule</a> that expands universal waste regulations to include aerosol cans and streamlines the management of this waste. This measure should help construction firms maintain a lower-tier generator category, as aerosol cans are often the only hazardous waste stream produced on a construction site. This rule also promotes safe puncturing practices and recycling. EPA estimates it will reduce annual regulatory cost between $5.3 million to $47.8 million.</p>
As the U.S. House may consider a suite of bills to spur action on per- and polyfluoroalkyl substances (PFAS)—a large and diverse group of chemicals—AGC and industry allies urged policymakers to rely on sound science before enacting a one-size-fits-all approach for properly dealing with the chemicals. Treating all PFAS substances the same, without any regard to science, would lead to unnecessary liability for contractors and result in wide-spread and possibly unnecessary remediation of soil and water. AGC urges that any federal actions on this subject address specific PFASs and take a consistent approach to establish risk-based standards.

On Nov. 20, Senate Republicans introduced an alternative for addressing the multiemployer pension plan crisis. This plan differs greatly from the House-passed Butch Lewis Act. While it makes positive structural reforms to the multiemployer pension plan system, it also raises questions on how it would impact plans and contributing employers. AGC will continue to advocate for a package that provides employees and employers with viable options for addressing pension funding shortfalls and allows for greater plan flexibility. For further information on the Senate plan, view the White Paper and Technical Explanation.