Texas and Maine Have Biggest Number and Percent of Annual Job Gains, Ohio and Wyoming Have Largest Annual Losses; Texas and Iowa Have Largest Monthly Gains While Nevada and West Virginia Have Largest Monthly Declines

AGC of America and AGC of San Antonio successfully delivered the brand new second edition of AGC’s Project Manager Development Program courses January 20th through the 24th to a sold-out class held at the AGC of San Antonio. Delivery of this course highlights the AGC of San Antonio’s commitment to educating and engaging their members. The updated curriculum directly addresses the core business of General Contractors, Specialty Contractors, and all trade partners. The class consisted of a mix of all three contractor types and everyone benefitted from instruction from AGC chapter instructors from AGC of Wisconsin, AGC of Houston and The Arizona Builder’s Alliance.

As the year 2019 and Member Lauren McFerran’s term were both about to expire, the National Labor Relations Board (the Board or NRLB) reversed several noteworthy actions taken by the agency during the Obama Administration.

Changes Effective March 16, 2020

Survey Finds Optimism about 2020 along with Even Tighter Labor Supply as Construction Unemployment Sets Record December Low; Association Calls for Government to Boost Career Opportunities, Immigration

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.

On Dec. 19, the Senate passed many non-funding AGC-backed measures as part of the agreement reached to fund the federal government through the remainder of fiscal year (FY) 2020. This measure is expected to become law, pending the President’s signature. This legislation extends authorization for the Terrorism Risk Insurance Program (TRIA) for seven years, as well as the National Flood Insurance Program for one year. These programs provide an important government backstop for natural and man-made disasters that would otherwise prevent commercial construction projects from moving forward. Additionally, this bill addresses many priorities in the tax, healthcare, and retirement space.

The National Labor Relations Board (“NLRB” or “Board”) on December 13 released a final procedural regulation rolling back some of the onerous requirements of the “quickie election” rule issued by the agency under the Obama Administration. The new rule, which was released at the end stages of lone Democrat Board Member McFerran’s term, is slated to take effect in April 2020.