Politics, Policy, and Preparedness
In today’s political climate it is extremely important that we stay up to date on issues that impact our industry. Knowledge is power, and staying informed provides us with competitive advantages both politically and economically. A good understanding of the world outside the walls of our businesses is an absolute necessity in these challenging economic and political times. In many ways, we are guilty of striving to find materials, technologies, and services to make our companies run more safely and efficiently, while ignoring external influences that negatively impact our companies and our industry. This is especially true in the political arena. It is imperative that we stay informed; however it is just as important that we stay informative. We, as individuals, companies, and as an association owe it to ourselves, those that we employ, and those whom we share allegiances with to let our voices be heard on issues that impact our industry.
VoterVoice
VoterVoice is an under utilized tool for our membership. It allows members to easily and quickly let their voices be heard at all levels of government, with literally a few mouse clicks.
With Federal legislation that directly impacts the merit shop construction industry moving at an unprecedented rate and Louisiana's legislative session looming right around the corner, there is no better time to get involved politically than right now. If you have yet to sign up for VoterVoice, please take a minute and do so. Signing up is very simple and takes less than a minute. Go to the link . Click the Government Affairs tab on the left side of the screen. Click the VoterVoice tab to open up the ABC Louisiana VoterVoice site. By clicking “Louisiana VoterVoice” on this screen 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, and follow the simple directions to make your voice heard.
Special recognition needs to go out to Performance Contractors, Inc. for signing up 21 new members to VoterVoice in January alone.
Louisiana Legislative Seats
Louisiana has two open legislative seats.
Louisiana House District 97 was vacated by Representative J.P. Morrell upon his election to the Louisiana State Senate. The district contains a large portion of Orleans Parish. The primary election will be held on Saturday, April 4, 2009 and the general election, if needed, will be held on Saturday, May 2, 2009. Qualifying will begin on Wednesday, February 11, and end at 5:00 p.m. on Friday, February 13, 2009
Louisiana Senate District 24 was vacated by Senator Donald Cravins Jr. upon his appointment as staff director for the United States Senate Committee on Small Business and Entrepreneurship. The primary election is set for Saturday, April 4, 2009, with the date for the general election scheduled for Saturday, May 2, 2009. Qualifying for the District 24 seat begins at 8 a.m. Wednesday, February 11, 2009 and ends at 5 p.m. Friday, February 13, 2009.
2009 Legislative Session
The 2009 Louisiana Legislative session convenes April 27, 2009 and adjourns no later than June 25, 2009. The session is considered a fiscal session and the majority of the bills will deal with appropriations, capital budget, and taxes. Legislators are allowed to file local and special bills through the 10th day of session. Bills not within the subject matter (fiscal, local or special) are allowed, but must be prefiled and are limited to 5 per legislator. The prefiling deadline for the 2009 Regular Session is April 17, 2009.
On January 30th President Obama issued three executive orders establishing new labor requirements for government contractors that target open shop contractors.
Executive Order 13495: Notification of Employee Rights Under Federal Labor Laws
Executive Order 13495 repeals Executive Order 13201, or Beck Order, that required contractors to inform employees of their rights in refusing to pay union dues earmarked for non-collective bargaining activities, including politics and lobbying. In addition, the new order mandates that most federal contractors and subcontractors post and comply with a notice informing employees of their rights under federal labor laws or face consequences that could include losing the contract and being blacklisted from future projects. This order is effective immediately, although the Secretary of Labor has 120 days to initiate a process to determine the form and content of the rule.
Executive Order 13496: Economy in Government Contracting
Executive Order 13496 prohibits federal contractors from being reimbursed for costs associated with educating employees about joining a union, including preparing and distributing materials; hiring or consulting legal counsel; holding meetings; and activities planned or conducted by managers, supervisors or union representatives during work hours. The Federal Acquisition Regulatory Council must enact this rule within 150 days.
Executive Order 13497: Nondispacement of Qualified Workers Under Service Contracts
Executive Order 13497 mandates that service contracts covered by the Service Contract Act include a clause requiring contractors to offer workers employed under a previous contract the right of first refusal for non-managerial and non-supervisory positions they are qualified for. Penalties for not complying with this order include paying back wages and the possibility of a three-year debarment from federal contracts. The Secretary of Labor must issue regulations within 180 days.
Although the executive orders raise a number of concerns for ABC and its members, the extent of their impact on ABC members will be unclear until the regulations implementing the orders are proposed. ABC will participate in the rulemaking processes for each order, and will provide timely updates on these and other executive orders issued by the Obama administration.
The Case Against the Employee Free Choice Act
A new study released February 3, 2009, The Case Against the Employee Free Choice Act, by University of Chicago Professor Richard Epstein, thoroughly debunks claims made by supporters of the Employee Free Choice Act (EFCA).
The study details and offers extensive analysis of the countless risks to job creation, small businesses and overall economic growth that would result from this misguided legislation. Epstein concludes that passage of the Employee Free Choice Act would radically alter the balance of power between management and labor and create huge dislocations in established ways of doing business that will in turn lead to large losses in productivity.
Epstein also concludes that "the likely consequence of EFCA is that it will reduce income and employment across the board" and that "the level of unrest in labor relations will increase, and do so in a time when the economy is still likely to suffer from a general slowdown.” Professor Epstein’s article, in its entirety, can be accessed by visiting the following link: https://wtww.law.uchicago.edu/files/452.pdf
E-Verify Deadline Delayed
Following President Obama’s administrative request for all governmental executive departments and agencies to consider extending the effective date of published regulations that have not yet taken effect, federal authorities agreed to postpone a February 20, 2009 deadline for federal contractors and subcontractors to start using the controversial E-Verify program.
Federal officials have agreed to postpone the start of the controversial E-Verify program until May 21, 2009 at the earliest. E-Verify would require federal contractors and subcontractors to use an Internet-based electronic verification system to confirm that prospective employees are legally eligible to work.
The January 28, 2009 announcement by the Department of Homeland Security of the delay marks the second time the government has postponed the implementation of the mandate. It was originally set to go into effect January 15, 2009, but the deadline was moved to February 20, 2009 after the U.S. Chamber of Commerce filed suit December 23, 2008 challenging the legality of the program.