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On behalf of ABC, Mike Holland, chief operating officer, MAREK Companies, testified before the U.S. Senate Committee on Health, Education, Labor and Pensions about the need to modernize and expand apprenticeship opportunities in the United States. 

In his testimony, Holland outlined the construction industry’s workforce development model and stressed the need to revise the U.S. Department of Labor’s definition of apprenticeships to include industry-recognized programs.

“With an estimated 500,000 open positions in the construction industry, it is essential we recruit, educate and up-skill the next generation of construction workers,” Holland said. “By expanding both DOL-registered and industry-recognized apprenticeship programs, we can better meet the evolving needs of our workforce and marketplace, while remaining steadfast in our commitment to safety, education and efficiency.”

Holland, who got his start in the construction industry as a drywall apprentice, credits his successful career to the industry’s dedication to teaching new skills and professional advancement.

“My motivation and commitment to workforce development stems from my own path,” Holland said. “By expanding apprenticeship opportunities, we’re also expanding opportunities for all Americans to build successful and rewarding careers in the construction sector.”   

Holland noted that industry-recognized programs include both on-the-job training and a classroom component, which meets the definition of an apprenticeship as outlined by a recent DOL task force. The industry model also allows apprentices to earn nationally recognized, portable credentials through NCCER, which produces standardized construction and maintenance curricula.

Workforce development programs is a key priority for ABC members. ABC chapters have set up more than 800 apprenticeship, craft training and safety programs across the United States and invest $1.1 billion on workforce development to educate more than 475,000 industry employees annually. 

ABC recently committed to educating and up-skilling at least 500,000 constructions workers over the next five years as part of President Trump’s “Pledge to America’s Workers.” The pledge, which was signed by more than a dozen leading companies and industry trade associations, stressed the need to expand apprenticeship programs to enhance career opportunities and economic security for current and future generations of America’s workforce.

Read Holland’s full testimony here. 

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ABC signed on to President Trump’s “Pledge to America’s Workers” at an event at the White House last week, committing to educating and developing at least 500,000 construction workers over the next five years. The pledge, which was signed by more than a dozen leading companies and industry trade associations, stressed the need to expand apprenticeship programs to educate current and future generations of America’s workforce. In total, the signers pledged to train more than 3.8 million people for new positions. 

Brianna DeAngelo, a second-year electrical apprentice with ABC member company Gaylor Electric Inc., who spoke at the event, emphasized how much she values the education and career opportunities her apprenticeship program provides. Dwana Grace and Eva Arriaga, both pipefitter apprentices with ABC member company S & B Engineers and Constructors Ltd., who were also part of the event, highlighted the benefits of careers in construction for women during an interview with Fox Business’ Varney & Co. 

“ABC is proud to join the White House in pledging to develop and support generations of skilled craftsmen and women who are building America,” said Greg Sizemore, ABC’s vice president of environment, health, safety and workforce development. “There are currently 500,000 open positions in the construction industry alone, a number which will continue to grow if we don’t join forces to expand registered and industry-recognized apprenticeship programs in the United States to fill skills gaps.”

“Being an electrician is more than a job, it’s a career path,” said DeAngelo. “Through my apprenticeship program, I have learned a skilled trade that will afford me a fulfilling and well-paid lifelong career. And as older generations continue to retire, there will be a huge void in experienced construction workers if companies don’t continue to recruit and train young people like me to join the construction sector.”

ABC members invest $1.1 billion on workforce development to educate more than 475,000 industry employees annually, and ABC chapters have set up more than 800 apprenticeship, craft training and safety programs across the United States. Yet more than 80 percent of ABC members report they have trouble finding skilled labor, which impacts construction firms of all sizes. And as the Construction Labor Market Analyzer projects a deficit of 1.1 million workers over the next decade, prioritizing apprenticeship and workforce development program is a key priority for ABC members.  

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On July 19, the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration’s National Marine Fisheries Service proposed revisions to regulations governing sections 4 and 7 of the Endangered Species Act. The public has until Sept. 24, 2018 to comment on the proposed rules.  

According to the press release, the three related proposed rules include: 

• The U.S. Fish and Wildlife Service and the National Marine Fisheries Service propose to revise portions of regulations that implement section 4 of the ESA. The proposed revisions to the regulations clarify, interpret and implement portions of the ESA regarding the procedures and criteria used for listing or removing species from the lists of endangered and threatened wildlife and plants and designating critical habitat. 
• Further, the FWS proposes to revise the regulations extending most of the prohibitions for activities involving endangered species to threatened species. For species already listed as a threatened species, the proposed regulations would not alter the applicable prohibitions. The proposed regulations would require the FWS, pursuant to section 4(d) of the ESA, to determine what, if any, protective regulations are appropriate for species that the FWS in the future determines to be threatened. 
• Finally, the Services propose to amend portions of regulations that implement section 7 of the ESA. The Services are proposing these changes to improve and clarify the interagency consultation processes and make them more efficient and consistent. 

More information on the proposals is available on the FWS website. 

Feedback Requested: ABC National would like to hear from ABC member companies on the proposed revisions to the ESA. Please contact Karen Livingston, ABC senior director of policy, to provide feedback. 

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ABC urged the U.S. House of Representatives to pass two bills that would modernize vital health care programs and provide much-needed relief to small businesses and their employees, designating them as key votes for its scorecard on the 115th Congress on July 23.

The two bills—Increasing Access to Lower Premium Plans and Expanding Health Savings Accounts Act (H.R. 6311) and Restoring Access to Medication and Modernizing Health Savings Accounts Act (H.R. 6199) —seek to address the skyrocketing costs of health insurance and provide greater health care options to hardworking Americans.   

“Providing quality health care benefits is a top priority for ABC and its member companies,” said Kristen Swearingen, ABC vice president of legislative and political affairs. “Combined, these bills make critical changes to expand and modernize health savings and flex spending accounts, which provide our members with tax-free savings accounts and allow employees to set aside pre-tax funds each year to be used for medical expenses. These accounts help many small business owners obtain more affordable health coverage for themselves and their employees.”  

Another critical aspect of H.R. 6311 is a provision to implement a two-year delay of the Affordable Care Act health insurance premium tax (HIT) in years 2020 and 2021. Under the HIT, a fee is assessed on health insurance companies—almost all of which is passed on to consumers in the fully insured marketplace, where nearly all small businesses and the self-employed purchase coverage. While the HIT is in effect for 2018, it has been delayed for 2019, and a further delay until 2021 will provide much-needed certainty for ABC members and their employees.

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ABC joined a coalition of construction and business associations urging President Trump to eliminate government-mandated project labor agreements and allow all qualified contractors to compete for federal and federally assisted taxpayer-funded construction projects.  

In a letter sent to President Trump this week, the coalition stressed that such regulatory reform would create a level playing field in the procurement of government construction contracts, increase competition, curb constructions costs and help small businesses grow. The coalition also said it is “imperative to cut regulations that stand in the way of creating career pathways into the construction industry,” which has an estimated 500,000 open positions.

“With the current construction boom contributing to a severe shortage of skilled labor, a new fair and inclusive policy encouraging all Americans to compete to rebuild their community’s schools and infrastructure would be a win-win for taxpayers and the U.S. economy,” said ABC Vice President of Regulatory, Labor and State Affairs Ben Brubeck. “And with a projected 10-year, $2 trillion infrastructure investment gap in the United States, a policy ensuring taxpayers get the best possible infrastructure at the best possible price is essential to rebuilding America.”

The coalition highlighted that studies of hundreds of taxpayer-funded school construction projects found that PLA mandates increased the cost of construction 12 percent to 18 percent compared to similar non-PLA projects. In addition, PLAs unfairly discourage competition from quality contractors and their nonunion workers, who comprise of 86 percent of the U.S. private construction industry, according to recent U.S. Bureau of Labor Statistics data.

ABC and industry groups have repeatedly petitioned President Trump to rescind President Obama’s Executive Order 13502, which allows state and local recipients of federal dollars to mandate PLAs and encourages federal agencies to require PLAs on federal contracts to build projects of $25 million or more on a case-by-case basis. ABC and the coalition have advocated to replace the Obama-era policy with Executive Orders 13202 and 13208, which would prohibit PLAs from being required on federal and federally assisted construction projects, respectively. Two dozen states have enacted fair and open competition legislation that welcomes all contractors to bid on construction projects.

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ABC signed on to President Trump’s “Pledge to America’s Workers” today, committing to educating and developing at least 500,000 construction workers over the next five years.

The pledge, which was signed by more than a dozen leading companies and industry trade associations, stressed the need to expand apprenticeship programs to educate current and future generations of America’s workforce. 

“ABC is proud to join the White House in pledging to develop and support generations of skilled craftsmen and women who are building America,” said Greg Sizemore, ABC’s vice president of environment, health, safety and workforce development. “There are currently 500,000 open positions in the construction industry alone, a number which will continue to grow if we don’t join forces to expand registered and industry-recognized apprenticeship programs in the United States to fill skills gaps.”

The pledge calls for organizations to advance work-based learning, continuing education and re-skilling programs to enhance career opportunities and economic security for America’s workforce. In total, the signers pledged to train more than 3.8 million people for new positions.

Brianna DeAngelo, a second-year electrical apprentice with ABC member company Gaylor Electric Inc. who attended the White House signing, emphasized how much she values the education and career opportunities her apprenticeship program provides.

“Being an electrician is more than a job, it’s a career path,” said DeAngelo. “Through my apprenticeship program, I have learned a skilled trade that will afford me a fulfilling and well-paid lifelong career. And as older generations continue to retire, there will be a huge void in experienced construction workers if companies don’t continue to recruit and train young people like me to join the construction sector.”

ABC members invest $1.1 billion on workforce development to educate more than 475,000 industry employees annually, and ABC chapters have set up more than 800 apprenticeship, craft training and safety programs across the United States. Yet more than 80 percent of ABC members report they have trouble finding skilled labor, which impacts construction firms of all sizes. And as the Construction Labor Market Analyzer projects a deficit of 1.1 million workers over the next decade, prioritizing apprenticeship and workforce development program is a key priority for ABC members.  

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On July 18, the U.S. Department of Labor issued a final rule to rescind the 2016 persuader rule, officially named the “Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act.” The final rule will go into effect on Aug. 17, 2018.

In its press release, Associated Builders and Contractors applauded the Trump administration for following through on its promise to rescind the persuader rule. The Obama DOL issued the final persuader rule on March 24, 2016, and just six days later, a joint lawsuit was filed by ABC, ABC of Arkansas and a coalition of stakeholders represented by Cross, Gunter, Witherspoon & Galchus, P.C. and ABC’s general counsel, Littler Mendelson P.C. The lawsuit was filed in the United States District Court for the Eastern District of Arkansas. 

On Nov. 16, the rule was permanently enjoined by a federal judge in Texas. The Obama administration subsequently appealed the decision to the 5th Circuit Court of Appeals, but the litigation was delayed numerous times under the Trump administration. 

On June 12, 2017, the Trump DOL issued a notice of proposed rulemaking to rescind the 2016 final rule. ABC submitted comments in support of the proposal. 

Had the 2016 final persuader rule gone into effect, it would have significantly broadened the reporting requirements for employers, attorneys, trade associations and other third-party advisors under the Labor-Management Reporting and Disclosure Act by redefining what is meant by labor relations “advice.” It also would have effectively limited the ability of employers, particularly small businesses, to obtain labor relations advice from attorneys and trade associations like ABC, and in turn deprived employees of their right to obtain balanced information about union representation. 

Rules for the pre-Obama administration standard regulating persuader activity remain in effect.

ABC consistently opposed the Obama administration persuader rule since it was first proposed in 2011 and expressed its opposition through: 

• Comments submitted to DOL in September 2011;
• A letter sent to DOL in February 2014;
• A December 2015 letter to the Office of Information and Regulatory Affairs from a coalition of business groups including 29 ABC chapters;
• A January 2016 meeting with OIRA officials;
• A lawsuit filed in March 2016; and
• Comments submitted to DOL in August 2017

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

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On July 12, ABC Vice President of Environment, Health, Safety and Workforce Development Greg Sizemore participated in the first meeting of the U.S. House of Representatives Bipartisan Apprenticeship Caucus. The caucus, founded by the House Committee on Education and the Workforce’s Higher Education and Workforce Development Subcommittee Chairman Brett Guthrie (R-Ky.) and Ranking Member Susan Davis (D-Calif.), was created this spring to expand apprenticeships in the United States and raise the prestige of the skilled trades.

Along with industry experts, Sizemore praised the caucus for their attention to apprenticeship programs and offered recommendations on how to fill the skills gap, stressing that there are 500,000 open positions in the construction industry alone. Sizemore also emphasized the importance of recognizing apprenticeships as equal to college education and described the lucrative and fulfilling careers the construction industry can provide.

ABC members invests $1.1 billion on workforce development to educate more than 475,000 industry employees each year and have set up more than 800 apprenticeship, craft training and safety programs across the United States. Yet more than 80 percent of ABC members report they have trouble finding skilled labor, which impacts construction firms of all sizes. And as the Construction Labor Market Analyzer projects a deficit of 1.1 million workers over the next decade, prioritizing apprenticeship programs is essential. ABC is committed to working with Guthrie and Davis to develop the next generation of skilled workers and support the highest level of education, safety and diversity across the U.S. construction sector.  

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ABC issued the following statement in response to the U.S. Department of Labor’s announcement that it is rescinding the final persuader rule.

“Associated Builders and Contractors commends the Trump administration for following through on its promise to rescind the persuader rule,” said ABC Vice President of Regulatory, Labor & State Affairs Ben Brubeck. “The rule would have effectively limited the ability of employers, particularly small businesses, to obtain labor relations advice from attorneys and trade associations like ABC, and in turn deprived employees of their right to obtain balanced information about union representation.”

ABC opposed the persuader rule when it was first proposed in 2011 and expressed its opposition through:  

•  Comments submitted to DOL in September 2011;
•  A letter sent to DOL in February 2014;
•  A December 2015 letter to the Office of Information and Regulatory Affairs from a coalition of                                            business groups including 29 ABC chapters;
•  A January 2016 meeting with OIRA officials;
•  A lawsuit filed in March 2016; and
•  Comments submitted to DOL in August 2017.

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Greg Sizemore, ABC vice president of HSE and workforce development, participated in the first meeting of the U.S. House of Representatives Apprenticeship Caucus July 12 on Capitol Hill to share ABC’s views on workforce development. The bipartisan caucus was started by Representatives Brett Guthrie (R-Ky.) and Susan Davis (D-Calif.) with the goal of expanding apprenticeships and raising the prestige of the skilled trades. 

Along with industry experts, Sizemore praised caucus members for their attention to apprenticeships and offered recommendations on how to fill the skills gap and give all Americans the opportunity to build America. Sizemore emphasized the importance of recognizing apprenticeships as an equal to college education and described the lucrative and fulfilling careers that construction offers.

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