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, 蜜桔直播 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. 蜜桔直播 further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, 鈥渆very day鈥 projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific 鈥淕ood Samaritan鈥 or innocent contractor provisions to protect them. 蜜桔直播 also joined other business organizations in a joint appeal to urge a 鈥淣O鈥 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. 蜜桔直播 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 鈥 steps recommended by 蜜桔直播 in the prior comment period.

What鈥檚 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鈥檚 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, 蜜桔直播 of America submitted comments on the National Labor Relations Board鈥檚 latest proposed rule to modify union representation-case procedures. Not to be confused with the Board鈥檚 鈥渜uickie election鈥 rule, which addresses different representation-case procedures, the present rulemaking proposes three changes: (1) replacing the Board鈥檚 current 鈥渂locking charge鈥 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 鈥渧oluntary recognition bar鈥 policy by re-establishing a notice requirement and a 45-day open period within which to file an election petition following an employer鈥檚 voluntary recognition of a union under Section 9(a) of the National Labor Relations Act (鈥淣LRA鈥); and 鈥 most relevant to 蜜桔直播 members 鈥 (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鈥檚 (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鈥檚 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, 蜜桔直播 seeks nominations for qualified and motivated individuals from the 蜜桔直播 Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in 蜜桔直播 of America鈥檚 environmental advocacy, education and outreach efforts?