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| August 26, 2011- Volume 3 - 17 |
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UNIONS CHALLENGE FAIR AND OPEN COMPETITION LEGISLATION |
Governor Rick Snyder is the named defendant in a suit filed in federal court over the Fair and Open Competition in Government Contracting Act which banned the use of certain terms often included in government-mandated project labor agreements for state, local government, public school and university construction projects. The lawsuit was initiated by the Michigan Building and Construction Trades Council and Genesee, Lapeer, Shiawassee Building and Construction Trades Council.
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ABC OFFERS MOBILE CRANE OPERATOR CERTIFICATION |
It's now the law that any person engaged in a construction activity who is operating a mobile crane in a construction activity must be certified. OSHA is now regulating the certification of those operating most types of cranes.
Because twenty percent (20%) of all construction fatalities are crane related, training and certification are necessary for all crane operators.
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ENTITIES AROUND THE STATE ARE ENDING PLA USAGE |
The fair and open competition legislation (SB 165) that was signed into law on July 19th has already shown an impact for taxpayers and the majority of construction workforce that choose not to belong to a Union.
Wayne State University, located in Detroit, cancelled an RFP for the renovation of a softball locker room that contained a requirement that all contractors on the job sign a project labor agreement.
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EMPLOYERS PUSH BACK AGAINST FEDS' ANTI-JOBS RULE |
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As the markets reacted to the nation's lowered credit rating, several Michigan business indicators continue to rise.
Michigan's general obligations bonds rating rose from "stable" to "positive," while the state is a national leader for job growth and just placed No. 1 in a new lending ranking of Small Business Administration loans.
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seen in Merit Minute!
Call ABC MI today to learn how you can advertise your company statewide using Merit Minute.
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230 N. Washington Square
Suite 202
Lansing, MI 48933
Ph. (517) 853-2545 Fax: (517) 853-2546 |
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About ABC of Michigan
Associated Builders and Contractors of Michigan is a statewide trade association, working in partnership with four local chapters, dedicated to providing Michigan with high-quality, affordable, safe and on-time construction. ABC of Michigan is an equal opportunity organization that opposes all discrimination in the construction industry including discrimination based on union affiliation. A leading construction industry voice with state government, ABC provides many member services including legislative advocacy, networking opportunities, member benefits, legal updates, business development and educational opportunities.
|  UNIONS CHALLENGE FREE AND OPEN COMPETITION LEGISLATION |
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Governor Rick Snyder is the named defendant in a suit filed in federal court over the Fair and Open Competition in Government Contracting Act which banned the use of certain terms often included in government-mandated project labor agreements for state, local government, public school and university construction projects. The lawsuit was initiated by the Michigan Building and Construction Trades Council and Genesee, Lapeer, Shiawassee Building and Construction Trades Council.
The 10-page complaint claims that section 5(a) of the law prohibits Michigan and all state governmental units "from entering into or expending funds under a contract for the construction, repair, remodeling or demolition of a public facility, if the contract or any subcontract under the contract contains a term that requires or encourages bidders, contractors or subcontractors to enter into or adhere to agreements with a collective bargaining organization relating to the construction project or other related construction projects."
"The prohibition in 2011 P.A. 98 against employees in the construction industry seeking to negotiate and implement project labor agreements and other pre-hire agreements through their bargaining representatives for use on public works projects in the state of Michigan also constitutes impermissible state interference with the 'free play of economic forces' that Congress intended to govern construction industry labor relations," the complaint states.
The new law is part of a growing trend against government-mandated Project Labor Agreements that is moving through a number of states.
The lawsuit charges that the law violates both the Contract Clause of the U.S. Constitution and the National Labor Relations Act. The suit has been filed in the Federal Court, Eastern District of the State of Michigan.
ABC of Michigan and several legal experts are confident that the law will be upheld by the courts. "The legal challenge and assertions by the Building Trades are a stretch," said Chris Fisher, president of ABC of Michigan. "This new law establishing governmental neutrality with regard to labor affiliation is on solid legal footing."
The new law took effect on July 19th.
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MOBILE CRANE OPERATOR CERTIFICATION
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It's now the law that any person engaged in a construction activity who is operating a mobile crane in a construction activity must be certified. OSHA is now regulating the certification of those operating most types of cranes.
Because twenty percent (20%) of all construction fatalities are crane related, training and certification are necessary for all crane operators. In addition, often crane accidents are found to be the fault of an untrained operator and the employer is found negligent in not providing the necessary training to ensure operator competency.
ABC Saginaw Valley Chapter, the only NCCER endorsed Assessment Center in the state of Michigan, is offering a Crane Prep & Test program, Sept. 19-22, 2011 at the AIS Construction Saginaw office.
Training and certification is currently available for Swing Cab/RT Hydraulic Cranes and Fixed Cab/Boom Trucks.
Click here for more information and to register. Other sessions will be scheduled across the state, based on need. For information on another session, please email Michelle Revette at ABC Saginaw Valley Chapter or contact her by phone at (989) 832-8879.
Additional opportunities for assessment testing only are also available upon request.
REGISTER NOW!!!
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| ENTITIES AROUND THE STATE ARE ENDING PLA USAGE |
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The fair and open competition legislation (PA 98 of 2011) that was signed into law on July 19th has already shown an impact for taxpayers and the majority of construction workforce that choose not to belong to a Union.
Wayne State University, located in Detroit, cancelled an RFP for the renovation of a softball locker room that contained a requirement that all contractors on the job sign a project labor agreement. Our expectation is that an RFP for this project will be re-issued without a PLA mandate, which will give everyone in the construction industry equal opportunity to compete for this project and create jobs in the city of Detroit.
This is one of several PLA requirements that have been revisited or removed since the enactment of PA 98 of 2011. Local governmental entities and public universities are respecting the will of the people and choosing to withdraw their PLA requirements without a legal fight. This ensures that all contractors and their employees have the opportunity to compete for taxpayer funded construction, regardless of whether they are affiliated with a union.
We continue to urge all public entities in Michigan, including cities, towns, school districts and public colleges and universities, to comply with this new law. It is not only good public policy, but also will ensure that construction projects can go forward and created jobs for Michiganders without litigation and other costly delays.
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| MICHIGAN BUSINESS RANKINGS CLIMB |
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As the markets reacted to the nation's lowered credit rating, several Michigan business indicators continue to rise.
Michigan's general obligations bonds rating rose from "stable" to "positive," while the state is a national leader for job growth and just placed No. 1 in a new lending ranking of Small Business Administration loans.
Fitch Ratings said of Michigan: "The Positive Outlook reflects prudent budgeting and efforts to grow reserve levels in the context of an economy beginning to slowly rebound...The state has a demonstrated history of responding proactively to maintain fiscal balance despite continual revenue declines. The currently enacted budget was balanced without the use of one-time measures and management projects a return to structural balance. Monies have also been budgeted to begin to replenish the state's rainy day fund."
As part of a recently reinvigorated state economy, the ratings upgrade signals to investors and businesses that the state economic environment is improving.
Michigan lenders are showing their confidence in the future of the state's small businesses as well. The U.S. Small Business Administration (SBA) recently reported that the Michigan District for the SBA loaned more money to Michigan businesses than any other district in the United States - further evidence of a growing turnaround for Michigan businesses.
Compared to fiscal 2010, the number of loans has increased 42 percent so far this year, and the dollar amount of those loans is up 60 percent. All told, SBA loans are on track to reach $1 billion for fiscal 2011 (through July, loans totaled $635.2 million).
This may be one of the reasons that in the July Monster.com Employment Index, the Detroit area bested all 28 other major metropolitan areas for job growth, showing a 34 percent increase in hiring.
Meanwhile, the U.S. Bureau of Labor Statistics just reported Michigan added 18,000 jobs in June, the third highest job gains of any state, trailing two mega states: Texas and California.
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