The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, issued the following statement in response to proposed immigration reform legislation released today by the “Gang of Eight” Senators: “The Senators’ proposal for immigration reform provides a long-needed opportunity to fix a significantly broken system. That is why we will fully review the details of a very complex bill. We are deeply troubled that the proposal appears to arbitrarily single out the construction industry for a unique cap while providing a reasonable mechanism for the immigration system to adapt to evolving market conditions for every other segment of the domestic economy."

In light of recent press reports – some conflicting and premature – on a bipartisan “deal” on immigration reform from the Senate “Gang of 8” AGC joined with other construction industry groups to comment on the industry’s view of the negotiations so far. The eight senators (Schumer (D-N.Y.), McCain (R-Ariz.), Durbin (D-Ill.), Graham (R-S.C.), Menendez (D-N.J.), Rubio (R-Fla.), Bennet (D-Colo.), and Flake (R-Ariz.)) continue to work on many elements of immigration reform, with the bulk of the discussions and the source of much consternation centering around a future temporary worker visa program. Other important parts of immigration reform that AGC continues to lobby on include the Employment Eligibility Verification Provisions; the Legalization Provisions; and the Conversion to Permanent Residence Provisions from the Temporary Worker Program. These important areas still need to be agreed upon by the gang of eight and the committee. Only then can the program be put to a vote on the senate floor. Thus, the reports of a “done deal” are extremely premature.

In light of recent press reports - some conflicting and premature - on a bipartisan “deal” on immigration reform we wanted to provide you with an update on the status of those discussions along with the impact for the construction industry. The group of eight Senators are: Schumer (D-N.Y.), McCain (R-Ariz.), Durbin (D-Ill.), Graham (R-S.C.), Menendez (D-N.J.), Rubio (R-Fla.), Bennet (D-Colo.), and Flake (R-Ariz.). While they are working on many elements of immigration reform, the bulk of the discussions and the source of much consternation has centered on a future temporary worker visa program. Other important parts of immigration reform that AGC continues to lobby on include the Employment Eligibility Verification Provisions; the Legalization Provisions; and the Conversion to Permanent Residence Provisions from the Temporary Worker Program.  These important areas still need to be agreed upon by the gang of eight and the committee. Only then can the program be put to a vote on the senate floor. Thus, the reports of a “done deal” are extremely premature.

Implementation of the Affordable Care Act (ACA) has been challenging for many employers.  To offer assistance to construction employers, AGC has dedicated a page on its website to providing compliance resources on the ACA.  The members-only page includes links to white papers, a webinar and government resources.  AGC will update the page routinely as new and relevant information becomes available.

An employer must continue to honor a dues check-off provision in a collective bargaining agreement (CBA) even after the CBA expires, the National Labor Relations Board recently ruled, overturning 50 years of precedent.  The Board now holds that an employer may unilaterally cease dues check-off only when collective bargaining negotiations have reached a valid impasse.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has published an interim final rule that governs whistleblower complaints filed under Section 1558 of the Affordable Care Act (ACA).  Section 1558 of the ACA provides protection to employees against retaliation by an employer for reporting alleged violations of Title I of the act or for receiving a tax credit or cost-sharing reduction as a result of participating in a health insurance exchange or marketplace.

Union representation in the construction industry slipped to 13.7 percent (850,000 workers) in 2012, a decline from 14.9 percent (928,000 workers) in 2011 and equal to the percentage in 2010, the Bureau of Labor Statistics (BLS) reports.  Union membership in the industry dropped from 14 percent (874,000 workers) in 2011 to 13.2 percent (820,000 workers) in 2012.  Total employment in construction fell from 6.244 million workers to 6.205 million.

Things are looking up, according to Rocco Davis of the Laborers’ International Union of North America (“LiUNA”) in a March 6 address during AGC of America’s Annual Convention in Palm Springs, CA.  Davis, who serves LiUNA as Vice President, Special Assistant to the General President, and Pacific Southwest Regional Manager, expressed optimism about the industry and about labor relations.

This week, the Obama administration stated it would petition the Supreme Court to review the recent U.S. Court of Appeals for the D.C. Circuit decision, Noel Canning v. NLRB, a key case (of several separate cases) challenging the validity of three “recess appointments” President Obama made to the National Labor Relations Board in January 2012.   The D.C. court ruled that the appointments were “constitutionally invalid” because the Senate was actually not in recess when the appointments were made.  Accordingly, the five-member Board lacked a quorum when it decided the underlying legal issues affecting employer Noel Canning.   

On March 5, the U.S. House Education and Workforce’s Subcommittee on Heath, Employment, Labor and Pensions held a hearing titled, “Challenges Facing Multi-employer Pension Plans: Reviewing the Latest Findings by PBGC and GAO.”  Harold Force, president of Force Construction Co. in Columbus, Ind., testified on behalf of AGC of America and was the sole employer witness.  The Hearing focused on recent reports from the Pension Benefit Guaranty Corporation (PBGC) and preliminary findings of a General Accountability Office (GAO) report on the status of multi-employer pension plans. Mr. Force gave an employer perspective of plans with funding deficiencies and on the need to reform the system before it is too late.