The results of the November 4th elections will undeniably have and impact on how we function, operate, and progress. We will face new challenges that will directly impact the construction industry from the bottom up and top down. In order for us to stand up to these challenges we must be progressive, active, unified, and informed. We need to know what issues we will be faced with, and be prepared to proactively determine ways to defend ourselves. Below are several challenges that we will very likely see in the near future:
Employee Free Choice Act
Organized labor, along with the vast majority of Democrats in Congress, have made the so-called Employee Free Choice Act (EFCA), or “card check”, a top priority and are persuading congressional leaders to pledge their support. This legislation would give organized labor an unfair advantage in union organizing at the expense of both employees and employers. It eeffectively eliminates workers rights to a secret ballot election in union organizing campaigns. It leaves workers open to intimidation, coercion, and fears of retribution in the workplace.
Respect Act
High on organized labor's top legislative priorities is the Re-Empowerment of Skilled and Professional Employees and Construction Trades workers ("RESPECT") Act (H.R. 1644 / S.969).
This legislation will radically change the National Labor Relations Act (NLRA) definition of a "supervisor." Under current law, a supervisor is considered an agent of management and owes a duty of undivided loyalty to the employer in labor-management relations, such as during union organizing campaigns, grievances, picketing and strikes. That duty would be compromised by the RESPECT Act.
Project Labor Agreements
Of the likely proposed legislation, mandatory project labor agreements (PLA’s) on all projects that receive federal money, are a top issue. These agreements not only exclude open shop contractors from bidding on projects paid for by their own tax dollars, but also drive up the cost of construction by reducing competition for the work. A union-only PLA is a contract that requires that the project be awarded only to contractors and subcontractors who agree to: recognize unions as the representatives of their employees on that job, use the union hiring hall to obtain workers, pay union wages and benefits, and obey the union's restrictive work rules, job classifications and arbitration procedures.
Salting
"Salting" abuse is the intentional placing of trained union professional organizers and agents in a merit shop facility to harass or disrupt company operations, apply economic pressure, increase operating and legal costs, and ultimately put the company out of business.
The objectives of the union agents are accomplished through filing frivolous and unfair labor practice complaints or discrimination charges against the employer with: the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA). Salting campaigns have been used successfully to cause economic harmfor construction companies and are quickly expanding into other industries across the country.
Expansion of Davis-Bacon
The Davis-Bacon act mandates that a geographical area’s “prevailing wage” be paid on public projects, which has resulted in an excessive minimum wage law for construction workers on federally funded projects. As a result, Davis-Bacon inflates the cost of public construction projects, anywhere from five percent to 38 percent above what the project would have cost if competitively bid in the private sector. The unnecessary costs are directly passed on to the customer, the American taxpayer, who is forced to fund this discriminatory and wasteful program.
The Davis-Bacon wage scale has overwhelmingly favored large, urban and unionized contractors. Small and minority-owned businesses are discouraged from bidding on public projects by the complex and archaic rules set forth by the Act. The inflated Davis-Bacon wage scale requirements and significant paperwork burdens of the Davis-Bacon Act shut small employers out of the federal construction market. In addition, the costs of public construction projects are inflated.
These are just a few issues we will have to face as proponents of merit shop construction and free and open competition. They are challenges to us and America’s free enterprise system.
It is quite evident the President and many newly elected congressional leaders’ campaigns were largely funded by individuals and associations that have a vested interest in limiting open competition and free enterprise at any cost. If we are to survive these new challenges, it is high time we rethink how we do business. We need to start now by identifying and preparing ourselves for the situations we are soon to be faced with.
Resources
The ABC Bayou Chapter website is being updated to include a resource page for members to use as a reference manual covering issues related to the Employee Free Choice Act. We will periodically add information to the resource page to help you stay informed about matters important to Merit Shop and Free Enterprise. To access this page, please go to /. Click on the “Resources” link on the left side of the page and choose the item you are interested in.
Voter Voice
There is no better time to get involved than right now. The easiest way to actively participate politically is to sign up for Voter Voice. Voter Voice is an internet based tool that ABC uses to organize, launch, and manage grassroots lobbying campaigns and governmental relations activities. ABC uses Voter Voice to mobilize our grassroots efforts and take political action at the local, state, and federal level. Voter Voice helps you to quickly and easily let your voice be heard at all governmental levels with just a few clicks of your mouse. Signing up is very simple and takes less than a minute. Go to the link http://abc-la.org. On the right side of the page you will see a link for “Contractor Connection by Voter Voice.” By clicking the link you will open the registration screen. You can simply fill in the required information and be finished. From time to time you will get an e-mail alert urging you to take action. Just click the link in the e-mail, follow the simple directions to make your voice heard.
Should you have any questions or need more information please don’t hesitate to give me a call or send me an e-mail at (225) 752-1415 or jwalters@abcpelican.com.