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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

On Jan. 9, AGC urged members of the U.S. House of Representatives to oppose H.R.535, the PFAS Action Act of 2019. The bill, which is expected for a floor vote on Jan. 10, threatens to derail and overwhelm ongoing efforts at the U.S. Environmental Protection Agency (EPA) to study PFAS and develop science-based, protective regulations for specific types of PFAS when warranted. AGC further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, “every day” projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific “Good Samaritan” or innocent contractor provisions to protect them. AGC also joined other business organizations in a joint appeal to urge a “NO” vote on this measure.

On Jan. 9, the White House Council on Environmental Quality (CEQ) proposed important steps to streamline the National Environmental Policy Act (NEPA) process, which can be a circuitous, time-intensive, and costly environmental review step for many infrastructure projects. AGC is pleased the proposal appears to set clear timelines for completing reviews as well as clear up ambiguous wording and definitions that have led to litigation and delayed projects over the years – steps recommended by AGC in the prior comment period.

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.

From the final rule to replace the repealed 2015 definition of Waters of the United States and a proposal to reform the National Environmental Policy Act procedures, to addressing the take of migratory birds and issuing regulatory determinations for per- and polyfluoroalkyl substances (PFAS); the most recent Unified Agenda shows the agencies striving to complete some of the Administration’s biggest environmental policy goals.

Congress considered adding to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) controversial language to regulate all per- and polyfluoroalkyl substances (PFAS).

Deadline to apply is February 26, 2020

Each year, AGC seeks nominations for qualified and motivated individuals from the AGC Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in AGC of America’s environmental advocacy, education and outreach efforts?