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ABC PAC is now accepting 2021 prior authorizations. The purpose of ABC PAC is to work within the federal election process to further the goals of ABC by advocating for core issues. 

Federal law requires members to sign a prior authorization form in order for the executive or administrative personnel of the member corporation to be solicited by ABC PAC. ABC members can complete the required prior authorization form through this online portal. Once we have a prior authorization form on file, we will update our records and send additional information.  

If you have any questions, please reach out to abcpac@abc.org.

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On Jan. 29, the U.S. Department of Labor’s Occupational Safety and Health Administration issued “Protecting Workers:  Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace,” which provides updated guidance and recommendations for employers and outlines existing safety and health standards. OSHA states, “The recommendations are advisory in nature, informational in content and are intended to assist employers in providing a safe and healthful workplace.” ABC’s general counsel, Littler Mendelson P.C., also published an article that discusses OSHA’s new COVID-19 guidance. 

While employers are encouraged to read the Littler article in its entirety, excerpts from the article are provided below:

COVID-19 Prevention Programs

The guidance encourages employers to implement COVID-19 prevention programs in the workplace. According to OSHA, these programs are an effective way to mitigate the spread of COVID-19 at work and employees and/or their representatives should be involved with the program’s development and implementation. The guidance lists 16 elements—four of which are considered key elements—that should be included in a COVID-19 prevention program. Read the Littler article to learn about the four key elements that should be included.

Return to Work Criteria

The guidance discusses additional measures for limiting the spread of COVID-19, starting with separating and sending home infected or potentially infected people so they cannot infect other workers. Employers should follow a symptom-based strategy for identifying, separating and sending home workers according to OSHA, although there may be limited circumstances where a test-based strategy is appropriate.  To learn more about a symptom-based strategy and quarantine guidelines, see the Littler article.

For additional information, see OSHA’s eliminating the hazard by separating and sending home infected or potentially infected people from the workplace.

Social Distancing Measures

Maintaining at least six feet of distance between individuals can be one of the best ways to protect individuals from infection.  As such, OSHA recommends that employers implement various measures such as limiting the number of people in one place at any given time (including during toolbox talks and safety meetings), increasing the physical space between workers and/or customers, altering work spaces to add physical cues reminding individuals to physically distance from one another (e.g., signs, tape marks, decals, etc.), offering vulnerable workers duties that minimize their contact with others and prohibiting handshaking or other forms of physical contact.

Additional information can be found in OSHA’s implementing physical distancing in all communal work areas.

Engineering Controls

The guidance discusses two specific types of engineering controls for employers to consider: barriers between workers and ventilation. At fixed workstations where workers are not able to remain at least six feet away from other people, OSHA recommends that transparent shields or other solid barriers (e.g., plexiglass, flexible strip curtains) be installed. These barriers do not replace the need for social distancing, according to the agency, and six feet of separation should still be maintained between individuals when possible.

To prevent the spread of COVID-19 in buildings, OSHA also recommends that employers improve ventilation. The guidance lists a number of helpful strategies to achieve this goal.

Additional information can be found in OSHA’s installing barriers where physical distancing cannot be maintained and improving ventilation.

Face Coverings and PPE

Face coverings are simple barriers that help prevent respiratory droplets from reaching others. According to OSHA, face coverings should be made of at least two layers of a tightly woven breathable fabric and should not have exhalation valves or vents. They should fit snugly over the nose, mouth and chin with no large gaps on the outside of the face. When worn properly, face coverings can suppress the spread of COVID-19.  Wearing a face covering, however, is complementary to and not a replacement for physical distancing.

The guidance recommends that employers provide all workers with face coverings at no cost to the worker. In addition, employers should require any other individuals at the workplace (e.g., visitors, customers, nonemployees) to wear a face covering unless they are under the age of two or are actively consuming food or beverages on site.

OSHA standards may require employers to provide PPE to supplement other controls when the measures discussed above cannot be implemented or do not protect workers fully. In these scenarios, employers must determine what PPE is necessary and provide all necessary PPE to workers at no cost in accordance with relevant OSHA standards.

Additional information can be found in OSHA’s suppressing the spread of the hazard using face coverings and use personal protective equipment when necessary.

Sanitization, Cleaning and Disinfecting Practices

Per OSHA’s guidance, employers should ensure that workers, customers and visitors have adequate supplies and time to clean their hands frequently and cover their coughs and sneezes. Posters encouraging hand hygiene and physical distancing should be posted at the entrance to a workplace and in other areas where they are likely to be seen. These posters should be in a language workers can understand, including non-English speakers.

Employers should also develop, implement and maintain a plan to perform regular cleanings to reduce the risk of exposure to COVID-19 in the workplace. This should include routine cleaning and disinfecting of all frequently touched surfaces and portable jobsite toilets, prohibiting the sharing of objects or tools between workers or ensuring appropriate cleaning and disinfection of shared tools, providing disposable disinfecting wipes so that commonly used surfaces can be wiped down before each use, storing and using disinfectants in a responsible manner and advising workers to always wear gloves or additional PPE appropriate for the chemicals being used.

Additional information can be found in these OSHA articles on providing the supplies necessary for good hygiene practices and performing routine cleaning and disinfection.

Additional Resources:

 This article is intended for informational purposes only and does not constitute legal advice or opinion.

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On Feb. 17, President Joe Biden nominated Jennifer Abruzzo as the general counsel of the National Labor Relations Board, the independent federal agency vested with the power to “safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative.”

Abruzzo currently serves as the special counsel for strategic initiatives for the Communications Workers of America. Prior to joining CWA, Abruzzo served in several different roles at the NLRB, including former acting general counsel.

This nomination comes weeks after President Biden fired former NLRB General Counsel Peter Robb and his deputy, Alice Stock, on inauguration day. The termination was unprecedented at the independent agency, as Robb left the NLRB with 10 months to go in his term.

Abruzzo’s nomination will be referred to the Senate Committee on Health, Education, Labor and Pensions, as the powerful NLRB-agenda setting position of general counsel requires Senate confirmation with a simple majority.

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On Feb. 16, ABC submitted comments to the U.S. Department of the Treasury and U.S. Small Business Administration on an interim final rule reopening the Paycheck Protection Program for new borrowers and certain existing PPP borrowers and extending the program through March 31, 2021.

In its comments, ABC expressed support for reopening the PPP and expanding the program’s eligibility to include 501(c)(6)s, housing cooperatives and destination marketing organizations, among other types of organizations, allowing borrowers to apply for a Second Draw PPP Loan and more.

ABC also urged the agencies to take the following actions in order to further assist small businesses:

• Provide further guidance on the eligibility status of 501(c)(6) organizations and the definition of “lobbying activity”
• Remove the requirement for certain PPP recipients to complete the Loan Necessity Questionnaire
• Refocus efforts to deliver PPP funds to underserved communities and minority businesses
• Ensure businesses can optimize the Employee Retention Tax Credit and PPP forgiveness

ABC continues to monitor the implementation and revisions to the PPP and submitted comments on a previous rulemaking related to the program.

ABC will continue to provide updates on the PPP and other SBA resources through Newsline and at abc.org/coronavirus.

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On Feb. 11, ABC, as a member of the Partnership for Employer-Sponsored Coverage (P4ESC) sent letters to President Joe Biden and Congress outlining policy principles and priorities important to ensuring employment-based health coverage continues to thrive for millions of hardworking Americans and their families.

The letters address the myriad of health challenges posed by the COVID-19 pandemic. In order to confront these challenges, P4ESC is urging President Biden and Congress to do the following:

• Preserve and strengthen employer-sponsored health coverage

• Promote innovations and diversity of plan designs and offerings for employees

• Uphold the current tax-treatment of employer-sponsored coverage

• Address health system costs and challenges

• Provide employers with compliance relief from burdensome regulations

The letters also discussed vaccinating Americans against COVID-19 and the need for additional federal clarification on employers’ ability to offer employees incentives to vaccinate without running afoul of federal laws.

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ABC has added Wisconsin Chapter member Greg Jones of Dave Jones, Inc. 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 on the Beam Club, contact Leiloni Hayward at hayward@abc.org.

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ABC has added Virginia Chapter member Matt Wilson of Morgan Marrow Co. 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 about the Beam Club, contact Leiloni Hayward at hayward@abc.org.

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On Feb. 4, ABC submitted a letter for the record to the U.S. House Committee on Small Business for its hearing, “State of the Small Business Economy in the Era of COVID-19,” to provide insight on the state of small construction businesses and the construction industry as a whole, nearly a year into the COVID-19 pandemic.

In the letter, ABC highlighted construction as a bright spot in the January jobs report, while providing analysis on the construction job market in December and throughout the COVID-19 pandemic.

“During the last eight months, the construction industry has added an impressive 857,000 jobs, recovering 79.1% of the jobs lost during the earlier stages of the COVID-19 pandemic,” said ABC. “However, the construction unemployment rate rose to 9.6% in December 2020 from 7.3% in November 2020, and is up 4.6% from the same time last year. In December 2020, unemployment across all industries remained unchanged at 6.7%.”

The letter also underscored the importance of ABC’s Construction Backlog Indicator and Construction Confidence Index, which showed contractor optimism improved as the backlog increased modestly in December.

However, ABC noted that for smaller construction businesses—classified as those with annual income of less than $30 million—backlog fell from 7.4 months in November 2020 to 6.8 months in December 2020. With an already smaller backlog among all company sizes measured, smaller construction businesses saw the sharpest decline of 0.6 months in December.

Although small businesses in the construction industry have benefitted because the industry has been deemed essential and most jobsites have remained open, this data indicates that small construction businesses need additional help to grapple with the lingering effects of the pandemic. ABC highlighted some of the programs created by Congress that have helped small businesses in the industry, including the Paycheck Protection Program. According to the most recent SBA data, small businesses in the construction industry have accounted for 13.39% of all PPP loans, totaling more than $65 billion—the third largest total of any industry sector.

In addition, ABC asked Congress to consider investing in America’s infrastructure and ensure that small construction businesses are not excluded from the competitive bidding process for federal infrastructure projects by mandating project labor agreements. ABC also asked Congress to steer away from policies such as the Protecting the Right to Organize (PRO) Act, which would limit the opportunities for small businesses to compete and recover from the pandemic.

Updated analysis and economic indicators can be accessed at abc.org.

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On Feb. 4, Sen. Patty Murray (D-Wash.), Senate Majority Leader Chuck Schumer (D-N.Y.), Rep. Bobby Scott (D-Va.) and House Speaker Nancy Pelosi (D-Calif.) reintroduced the Protecting the Right to Organize (PRO) Act in the U.S. House of Representatives.

The members released the text of the bill, a section-by-section analysis and a fact sheet on the legislation. The bill now has 200 cosponsors in the House (H.R. 842), including two Republicans, Reps. Chris Smith (N.J.) and Brian Fitzpatrick (Pa.). This bill includes dozens of radical provisions that will drastically alter federal labor law and devastate the economy during an already difficult time, with many construction businesses working to recover from the impacts of the COVID-19 pandemic.

“Under this legislation, the 87% of construction workers who choose not to join a union could be forced to pay union dues as a condition of employment,” said ABC President and CEO Mike Bellaman in a recent statement. “This undemocratic bill would strip workers of entrepreneurial opportunities to freelance as independent contractors, denying them the freedom to earn a living on their own terms and pursue the American dream. The PRO Act would do anything but ‘Build Back Better.’”

ABC is working with key members of Congress to prevent this bill from being passed into law. ABC also urges members to reach out to their U.S. senators amd representatives and President Biden through the ABC Action Alert opposing the PRO Act.

ABC’s Free Enterprise Alliance has created a website dedicated to opposing the PRO Act with critical resources for chapters and members including economic studies, a fact sheet, educational videos and more. Additional information about the PRO Act can be found in this statement from the ABC-led Coalition for the Democratic Workplace.

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In a Feb. 4 letter to President Joe Biden, ABC expressed concerns about the “expansion of existing policies that needlessly limit competition and increase costs on taxpayer-funded federal and federally assisted construction projects.”

The letter, published in its entirety below, addresses the desire to prevent government-mandated project labor agreements on federal and federally assisted construction projects so that ABC and the Biden administration can work together to “create quality jobs for all of America’s workers to help the economy rebound from the COVID-19 crisis and Build Back Better.”

The Fight for Fair and Open Competition Continues

ABC will continue to advocate for fair and open competition on taxpayer-funded construction contracts before the Biden administration and the 117^th Congress.

ABC’s campaign for fair and open competition helped prevent PLA mandates and preferences on 99% of federal contracts exceeding $25 million from FY2009-FY2020, preventing PLA requirements on 1,877 contracts worth a total of almost $116.1 billion so all qualified firms could fairly compete to win these contracts.

ABC contractors have taken advantage of a level playing field. From FY2009-FY2020, ABC member prime contractors won 57.5% of the value of large-scale federal contracts subject to Obama’s pro-PLA Executive Order 13502. In total, ABC members have won 976 contracts valued at $67.5 billion.

Since President Obama issued his pro-PLA Executive Order 13502 in 2009, 26 states have responded to the threat of discriminatory PLA mandates and preferences by enacting Fair and Open Competition Act legislation or executive orders prohibiting government-mandated PLAs on state, local and publicly funded construction projects to some degree.

Unfortunately, some of these states have rolled back common-sense FOCA measures following Democratic party takeovers of state government, bringing the total number of current states to enact pro-taxpayer FOCA measures to 25.

ABC’s efforts to enact state FOCA laws prevented government-mandated PLAs on $633 billion worth of state and local construction capital outlay through the end of 2019.

Despite the campaign’s track record of success, government-mandated PLAs remain a threat to free enterprise and fair and open competition in certain markets.

Some municipalities and eight states controlled by union-friendly Democrats have enacted legislation or executive orders pushing the use of government-mandated PLAs on state, state-assisted and local public works projects, shutting out qualified contractors on certain contracts in California, Connecticut, Hawaii, Illinois, New Jersey, New York and Washington—and major municipalities including Chicago, Los Angeles, Honolulu, New York City and Philadelphia—from opportunities to rebuild their own communities.

In addition, it is unclear how many federally assisted contracts have suffered from PLAs mandated by state and local governments, but snapshots of data demonstrate it is significant.

For example, according to a U.S. Department of Transportation Federal Highway Administration January 2021 report, state and local lawmakers mandated PLAs on 513 state and local construction projects (totaling an estimated $12.88 billion) that received federal assistance and formal approval from the FHWA.

As America’s infrastructure needs continue to grow in the face of chronic underfunding, the construction industry unemployment rate hovers around 10% and hardworking taxpayers deserve the best possible construction products at the best possible price, ensuring fair and open competition is a win-win solution to help America Build Back Better.

February 4, 2021

The Honorable Joseph R. Biden Jr.
The White House
1600 Pennsylvania Avenue
Washington, DC  20500

Dear President Biden: 

Associated Builders and Contractors, a national construction industry trade association with 69 chapters representing more than 21,000 members,  stands ready to be a constructive partner with the Biden administration as we tackle rebuilding America’s infrastructure while ensuring safe workplaces, creating jobs and leading America’s economic recovery. 

ABC believes our roads, bridges, schools and water, energy and transportation systems need to be overhauled to accelerate a strong economic comeback and keep America competitive in a global economy. A recent industry report estimates that the U.S. infrastructure spending deficit will total $2.6 trillion by 2029 and more than $5.6 trillion by 2039. 

As we work together to address funding solutions that speed investments in transformational infrastructure projects, one of ABC’s top priorities is to ensure that all of the construction industry is welcome to participate in building all of America’s taxpayer-funded infrastructure projects. ABC is concerned about the expansion of existing policies that needlessly limit competition and increase costs on taxpayer-funded federal and federally assisted construction projects. 

For example, federal policies that encourage the use of government-mandated project labor agreements on federal  and federally assisted construction projects stand to increase construction costs by 12% to 20%,  resulting in the funding and construction of fewer projects and reduced jobs and opportunities for small businesses, minorities and women in the construction industry.

Real-world examples, experience and a survey of our membership  has found that government-mandated PLAs discourage competition from quality contractors and the 87.3% of the U.S. construction workforce who are not affiliated with construction unions,  which are given preferential treatment in typical government-mandated PLAs.

Problematic, anti-competitive terms in government-mandated PLAs require contractors to use union hiring halls to obtain most or all workers instead of their existing workforce; obtain apprentices exclusively from union apprenticeship programs; follow inefficient union work rules; and pay into union benefit and multi-employer pension plans that any limited number of nonunion employees permitted on the project will be unlikely to access unless they join a union and vest in these plans. Research estimates that nonunion employees on PLA projects suffer an estimated 20% reduction in compensation and contractors pay an extra 25% in benefits costs to cover this PLA wage theft to union plans, making firms less competitive against unionized firms. 

ABC supports fair and open competition and opposes government-mandated PLAs on federal and federally assisted projects because taxpayers deserve more efficient and effective policies that will encourage all qualified contractors and their skilled workforce to compete to build long-lasting, quality projects at the best price.

According to a model developed by Markstein Advisors,  every $1 billion in extra overall construction spending generates an average of at least 6,500 construction jobs, and every $1 billion in extra construction spending on infrastructure generates an average of at least 3,300 construction jobs. As the construction industry faces a 9.4% unemployment rate  due to the recession caused by COVID-19 and America’s infrastructure remains critically underfunded, we need to be doing all we can to maximize taxpayer investments in infrastructure while helping all construction workers find quality jobs to rebuild their communities.

The construction industry is in a unique position to help build America’s comeback, featuring careers with low barriers to entry, infinite opportunities for growth and family-sustaining salaries for people from all backgrounds and education levels, including women, minorities, veterans, students, non-graduates, and people seeking new careers, re-entry to the workforce or a second chance.
 
ABC delivers construction education through 800 ABC education programs at 1,400 locations nationwide, including innovative and flexible earn-while-you-learn models and industry-recognized apprenticeships in more than 50 professions—plus more than 300 U.S. Department of Labor-registered apprenticeship programs across 20 different occupations.
 
In 2019 alone, ABC members invested $1.5 billion to educate and upskill more than 1.1 million course attendees in craft, leadership and safety education to advance their careers in commercial and industrial construction. Safety education accounted for nearly half of the total workforce investment, averaging $1,147 per employee annually.  Ensuring the safety and health of the construction workforce in the workplace will continue to be a top priority as ABC members build America’s hospitals, schools, manufacturing facilities, roads, bridges and power plants.

Unfortunately, tomorrow’s construction industry workforce—those participating in government-registered apprenticeship and industry-recognized apprenticeship programs not affiliated with unions—would not be able to meaningfully participate on government-mandated PLA jobs, stifling a key pipeline of skilled labor needed to meet America’s future infrastructure needs.

ABC members stand ready to fairly compete for the opportunity to safely and ethically build and maintain America’s infrastructure. ABC would welcome the opportunity to discuss this issue further with your advisors. 

We look forward to working with you and your administration to advance policies that that create quality jobs for all of America’s workers to help the economy rebound from the COVID-19.

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