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On Sept. 15, the West Virginia Supreme Court of Appeals reversed a preliminary injunction on the state’s Workplace Freedom Act, allowing West Virginia to enforce the state’s Right to Work law as of Oct. 15. The case is Morrisey v. West Virginia AFL-CIO, et al., No. 17-0187. 

The act passed in February, 2016 following the legislature’s vote to override a veto by then-Governor Earl Ray Tomblin (D). 

According to a press release from the law firm Jackson Lewis P.C., the act applies to any contract entered into, modified, renewed or extended after July 1, 2016.  

A total of 28 states have passed Right to Work laws, which guarantee that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union. Section 14(b) of the federal Taft-Hartley Act affirms the right of states to enact Right to Work laws. 

Following passage of the act, West Virginia became the 26th Right to Work state at the time. 

In 2016, West Virginia also passed a prevailing wage repeal bill, and in 2015, Gov. Tomblin signed into law ABC’s government neutrality in contracting legislation, becoming the first Democratic governor to sign legislation prohibiting government-mandated PLAs on public construction projects. 

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ABC President and CEO Mike Bellaman made a live appearance on Fox Business Network’s “Varney & Co.” show on October 17th. The one-on-one interview focused on the U.S. Department of Labor’s Task Force on Apprenticeship Expansion that Bellaman was appointed to the day before. 

Bellaman told viewers expanding opportunities for all Americans to earn while they learn a variety of skills in the construction trade is an “unbelievable” career choice that can lead to high-paying jobs or starting a small business. 

Watch a clip of Bellaman’s appearance here.

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WASHINGTON, Oct. 16 – Michael D. Bellaman, president and CEO of Associated Builders and Contractors (ABC), has been appointed by U.S. Department of Labor Secretary R. Alexander Acosta  to the Task Force on Apprenticeship Expansion, created by President Trump’s June 15 Executive Order 13801.

“I am excited to join Secretary Acosta’s task force to expand opportunities to citizens nationwide who want to live the American Dream while helping to build and rebuild our country,” said Bellaman. “As the president promised in his election night acceptance speech, every single American will have the opportunity to realize his or her fullest potential under his administration. That sentiment will drive this task force as we work to promote affordable education and rewarding jobs for all Americans.”

According to the order, the task force will submit to the president strategies and proposals focused on four areas: 

• Federal initiatives to promote apprenticeships;
• Administrative and legislative reforms facilitating the formation and success of apprenticeship programs;
• The most effective strategies for creating industry-recognized apprenticeships; and
• The most effective strategies for amplifying and encouraging private-sector initiatives to promote apprenticeships.

The task force’s membership represents a wide range of American companies as well as trade, industry and educational groups. The task force comes at a critical time for industries like construction, which employs about 7.5 million people. By ABC’s estimates, the construction industry needs to hire 500,000 skilled workers to fill a backlog of existing jobs. That number could balloon to more than one million job vacancies if Congress and the president approve a $1 trillion infrastructure bill. Reducing barriers to meet the needs of the construction industry and America’s workforce is vital to fill this gap.

“This is an opportune moment for the next generation of American workers and a valuable step for the American economy,” Bellaman said. “Regardless of their access to higher education, all Americans deserve the chance to acquire a variety of skills that can lead to high-paying and fulfilling careers. I am ready to collaborate with my task force colleagues to recommend to the Trump administration the most effective strategies to expand apprenticeship opportunities for all Americans.”

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Lithko Contracting LLC of Raleigh, N.C., a member of ABC’s Carolinas Chapter, has been awarded Accredited Quality Contractor (AQC) status by ABC.

The AQC program recognizes and honors construction firms that document their commitment to excellence in five key areas of corporate responsibility: quality, safety, employee benefits, training and community relations.  A company that meets the criteria set forth in the program and has earned Safety Training Evaluation Process (STEP) Gold, Platinum or Diamond status, is formally designated an “Accredited Quality Contractor.”      

Companies selected as an Accredited Quality Contractor receive:

• Wide recognition within the industry and business community and with the public 
• Authorization to use AQC language in bid documents
• Permission to use the AQC logo on letterhead, business cards and jobsite signs
• Access to AQC marketing materials such as hard hat stickers, membership plaques, etc. 
• Points on ABC National Excellence in Construction^® award submissions
• Mention in the December issue of ABC’s magazine, Construction Executive, as well as eligibility to purchase specially priced packages for half-page, full-page and two-page designs

For more information, visit abc.org/aqc or contact aqc@abc.org.

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ABC has added Rocky Mountain Chapter member Dennis Walker of United Rentals to the Beam Club Presidential level.

The Beam Club was established in 1966 to recognize ABC’s top membership recruiters for their commitment to growing the association. By recruiting five new members, ABC members are automatically enrolled in the Beam Club by their chapter. Members receive one point for each new member recruited. Beam Club activity is ongoing from year to year, with members’ point totals continually accruing and advancing members to the next Beam Club award level.

To reach the Presidential level of the Beam Club, ABC members must recruit between 25 and 49 new members.

For more information, contact Leiloni Hayward at hayward@abc.org. 

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ABC joined dozens of business organizations nationwide to call on Congress to support meaningful tax reform in a full-page advertisement in the Oct. 11 edition of The Hill.

The ad, an open letter to Congress, cited a recent national poll of small business owners showing that a majority would use tax cut savings to create jobs, raise wages and move into new product fields. The letter was signed by ABC President and CEO Mike Bellaman¬ along with the CEOs of the Florida East Coast, Florida First Coast and Rocky Mountain chapters.
 
Most of ABC’s members are small, family-owned businesses that have shouldered the burden of high federal tax rates for too long. According to analysis by the U.S. Department of Treasury, the construction industry pays the highest effective tax rate of any sector of the nation’s economy—27 percent, compared to an average of 22 percent for other industries. That stifles growth, individual wages and hiring.

ABC believes that fair, equitable treatment of all businesses in the tax code will foster company expansion and diversification and supports the Unified Framework for Fixing our Broken Tax Code, calling it a promising step forward for the first genuine reform of the tax code in a generation.

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On Oct. 4, the U.S. Treasury Department released a report announcing plans to withdraw its proposed regulations under Section 2704 of the Internal Revenue Code, entitled Estate, Gift and Generation-skipping Transfer Taxes: Restrictions on Liquidation of an Interest. The proposed rule was issued Aug. 4, 2016, during the Obama administration. 

Had it been finalized, the proposal would have had a profound impact on the valuation and taxation of family businesses. The regulations as written would institute back-door “family attribution,” a standard that has been rejected by the courts for decades, which would jeopardize traditional discounts for minority ownership stakes, inflating tax bases by as much as 40 percent.  

The Treasury report was written in response to President Trump’s April 21 Executive Order 13789, Identifying and Reducing Tax Regulatory Burdens, which asks the Treasury secretary to recommend specific regulatory actions the department could take to mitigate the burden imposed by regulations identified in the interim report. 

ABC submitted comments to Treasury on the executive order with a coalition of stakeholders earlier this year, urging them to withdraw the proposed regulations. Additionally, when the rule was proposed, ABC submitted comments and also commented as a member of the Family Business Coalition.

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Kuck Mechanical Contractors LLC of Loveland, Colo., a member of ABC’s Rocky Mountain Chapter, has been awarded Accredited Quality Contractor (AQC) status by ABC.

The AQC program recognizes and honors construction firms that document their commitment to excellence in five key areas of corporate responsibility: quality, safety, employee benefits, training and community relations.  A company that meets the criteria set forth in the program and has earned Safety Training Evaluation Process (STEP) Gold, Platinum or Diamond status, is formally designated an “Accredited Quality Contractor.”      

Companies selected as an Accredited Quality Contractor receive:

• Wide recognition within the industry and business community and with the public 
• Authorization to use AQC language in bid documents
• Permission to use the AQC logo on letterhead, business cards and jobsite signs
• Access to AQC marketing materials such as hard hat stickers, membership plaques, etc. 
• Points on ABC National Excellence in Construction^® award submissions
• Mention in the December issue of ABC’s magazine, Construction Executive, as well as eligibility to purchase specially priced packages for half-page, full-page and two-page designs

For more information, visit abc.org/aqc or contact aqc@abc.org.

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In move to relieve regulations and ensure affordable energy, the U.S. Environmental Protection Agency (EPA) today issued a proposal to repeal the Obama-era “Clean Power Plan.” 

On Aug. 3, 2015, President Obama’s EPA announced a final rule to cut power plant carbon emissions that would increase compliance and transaction costs and limit access to affordable energy for many hardworking Americans and U.S. businesses. However, since the issuance of the final rule, the regulation has not yet taken effect and is currently tied up in federal appeals court. 

ABC previously submitted comments opposing this rule, as part of the Partnership for a Better Energy Future, arguing the Clean Power Plan is not compatible with numerous practical and technical aspects of America’s electricity system. In order to foster continued growth and take full advantage of our nation’s energy potential, the Partnership urged EPA to withdraw the rule and instead use a comprehensive energy approach to support the continued provision of reliable and affordable electricity.

The EPA’s Notice of Proposed Rulemaking (NPRM) will allow 60 days for public comment. ABC will continue to monitor the progress of this NPRM and provide updates.

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On Sept. 29, ABC joined the Essential Worker Immigration Coalition (EWIC) in support of H.R. 3711, the Legal Workforce Act. H.R. 3711, which would mandate an improved E-Verify program on all employers and for all new hires.  

Introduced by Reps. Lamar Smith (R-Texas), Ken Calvert (R-Calif.) and House Judiciary Committee Chairman Bob Goodlatte (R-Va.) on Sept. 8, 2017, H.R. 3711 would phase in the E-Verify requirement over a two-year period and provide safe harbors for employers that use E-Verify in good faith. 

Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) introduced a mandatory E-Verify bill (S. 179) at the beginning of the year. 

EWIC is a coalition of businesses, trade associations and other organizations from across the industry spectrum that supports reform of U.S. immigration policy to facilitate a sustainable workforce for the American economy while ensuring our national security and prosperity.

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