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October 7, 2011- Volume 3 - 20                                                                         

backtotopNLRB FINALIZES 'EMPLOYEE RIGHTS' POSTER REQUIREMENT

  

On August 30, the National Labor Relations Board (NLRB) issued a final rule to require any employers subject to the National Labor Relations Act (NLRA), which includes all ABC members, to display an 11-by-17-inch poster in their workplace that contains a select list of employee rights under the NLRA.
 
 

$196 MILLION AWARDED TO REDUCE TRAIN TRAVEL TIME FROM DETROIT TO CHICAGO

 

U.S.  Transportation Secretary Ray LaHood awarded a $196.5 million grant to the Michigan Department of Transportation (MDOT) for track and signal improvements between Detroit and Kalamazoo, MI.  These improvements will allow for speeds up to 110 mph on 77 percent of Amtrak's Wolverine and Blue Water services between Detroit and Chicago, resulting in a 30 minute reduction in travel time between those destinations. 

 

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ORVANA SUBMITS MINE PERMIT APPLICATION FOR COPPERWOOD PROJECT IN THE UPPER PENINSULA

 

Orvana Minerals Corp. (TSX:ORV), through its wholly-owned subsidiary, Orvana Resources US Corp ("Orvana USA"), announces today the submission of the mine permit application for the Copperwood copper project to the Michigan Department of Environmental Quality (MDEQ) as prescribed in Part 632 of the Michigan Nonferrous Metallic Mining regulation. The project is located in Ironwood and Wakefield Townships, Gogebic County in the western Upper Peninsula, Michigan.

 

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LABOR SECRETARY AND IRS COMMISSIONER SIGN MEMORANDUM ON EMPLOYEE MISCLASSIFICATION COMPLIANCE

 

Secretary of Labor Hilda L. Solis hosted a ceremony at U.S. Department of Labor headquarters in Washington to sign a memorandum of understanding with the Internal Revenue Service that will improve departmental efforts to end the business practice of misclassifying employees in order to avoid providing employment protections. In addition, labor commissioners and other agency leaders representing seven states signed memorandums of understanding with the department's Wage and Hour Division and, in some cases, its Employee Benefits Security Administration, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs and Office of the Solicitor.   

 

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CRANE OPERATOR CERTIFICATION

It's the Law!
OSHA Required
October 24-27, 2011
 
Now Available from Associated Builders and Contractors!
 
In This Issue
NLRB Finalizes 'Employee Rights' Poster Requirement
$196 Million Awarded to Reduce Train Travel Time from Detroit to Chicago
Orvana Submits Mine Permit Application for Copperwood Project in the Upper Peninsula
Labor Secretary and IRS Commissioner Sign Memorandum on Employee Misclassification Compliance
Crane Operator Certification

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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.
 
NLRBNLRB FINALIZES 'EMPLOYEE RIGHTS' POSTER REQUIREMENT

  

On August 30, the National Labor Relations Board (NLRB) issued a final rule to require any employers subject to the National Labor Relations Act (NLRA), which includes all ABC members, to display an 11-by-17-inch poster in their workplace that contains a select list of employee rights under the NLRA. 

*After January 31, 2012 employers are required to post a physical copy of the notice at workplaces, as well as an electronic copy on the internet (or company intranet) if it is already customary to do so. 

 

Some changes were made to the final rule from the Board's original proposal:

  • The Board dropped a requirement that employers distribute the posting by email, text message, voicemail or via social media.
  • Employers are explicitly permitted to post the notice in color or black-and-white.
  • The NLRB has clarified its requirements for posting the notice in foreign languages, using a 20 percent threshold.  Translations will be provided by the Board.
  • The Board clarified that federal contractors already complying with a Department of Labor notice posting requirement will be exempt from the rule.
  • Employers have the option of posting their own notice (in addition to the board's notice) stating their position, as long as it does not contain "threat[s] of reprisal or force or promise[s] of benefit."  *ABC National has produced a supplemental notice, designed exclusively for nonunion contractors and formatted for 11-by-17-inch printing, which references several rights provided to employees under the NLRA that were unfortunately were not included in the NLRB's final rule.  

The NLRB maintained the enforcement policies prescribed in its original proposal. Failure to post the notice will be considered an unfair labor practice violation of the NLRA. In addition, the board may extend the six-month statute of limitations for filing a charge when the case involves other unfair labor practices. If an employer is found to knowingly and willfully refuse to comply with the requirements, it could be used as evidence of unlawful motive in other unfair labor practice cases.  

 

The NLRB has posted a basic fact sheet to answer general questions regarding the rule, and has provided its official poster

RESOURCES:
 

On October 5, The National Labor Relations Board (NLRB) responded to several lawsuits, including one filed by an ABC-led coalition, by delaying the implementation of its requirement that employers post an 11-by-17-inch notice displaying a list of select employee rights granted by the National Labor Relations Act (NLRA). The rule was originally scheduled to go into effect Nov. 14, but will be postponed until Jan. 31, 2012. 

 

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TRAIN$196 MILLION AWARDED TO REDUCE TRAIN TRAVEL TIME FROM DETROIT TO CHICAGO

 

U.S.  Transportation Secretary Ray LaHood awarded a $196.5 million grant to the Michigan Department of Transportation (MDOT) for track and signal improvements between Detroit and Kalamazoo, MI.  These improvements will allow for speeds up to 110 mph on 77 percent of Amtrak's Wolverine and Blue Water services between Detroit and Chicago, resulting in a 30 minute reduction in travel time between those destinations.   

 

"This is an important investment that will reduce travel time, improve reliability and on-time performance, and attract more passengers," said Secretary LaHood. "We are creating jobs in Michigan, building our rails with American-made materials and growing the regional economy."

 

Dollars for this 135 mile segment between Detroit and Kalamazoo will support preliminary engineering, final design and construction.  The project includes new, continuously welded rail and ties, fiber optic lines and infrastructure to support a positive train control system, rebuilding 180 highway-rail grade crossings, and gates and flashers at 65 private highway-rail grade crossings.  The project will create approximately 800 new jobs during the construction phase, which is expected to begin late spring 2012, and will facilitate service to current and future freight rail customers, including major shippers like Ford Motor Company.

 

"Investing in rail service will spark economic development in communities along a corridor linking Detroit and Chicago, two vital Midwest cities," said Governor Rick Snyder. "A faster, reliable passenger rail system is a priority for younger generations and vital to Michigan's ability to compete globally as businesses look to locate or expand. The rail improvements will also hasten the transport of freight, a priority for Ford Motor Company and other Michigan businesses along the route."

 

"This funding will help move Michigan and the nation forward by making high-speed rail a part of our economic infrastructure," said Senator Carl Levin. "Our economic competitors around the world have long enjoyed the benefits of high-speed rail service between their cities. They have demonstrated that high-speed service can create jobs and promote economic growth, and that it can provide a more energy-efficient alternative."


"Construction of new high-speed lines will create jobs and generate more business activity in Michigan," Senator Debbie Stabenow said. "This effort will not only boost our economy, it will provide residents with more transportation options. With gas prices as high as they are it is critically important that travelers have more choices in addition to driving."


"The obligation of Michigan's rail funding is a critical step forward for high-speed rail service from Detroit to Chicago," said Congressman John Dingell.  "As a co-author of legislation that created one of the first high-speed rail assistance programs in the country, I believe rail is essential to maintaining and improving the economic competitiveness of the United States.  The development of rail and transit creates immediate and needed construction jobs, retains and recruits local businesses, and reduces our Nation's dependence on foreign oil.  I thank Secretary LaHood, FRA and the Michigan Department of Transportation for their hard work on this project."

 

In addition, MDOT is designated to receive $150 million DOT grant later this year to purchase this 135 mile segment of track, when grant conditions are met.  This will allow for the implementation of 110 mph service along the corridor that will bring improved passenger service, ensure capacity for freight operations through double tracking on the busiest freight segment and deliver long-term economic benefits to the State of Michigan. 

 

The Wolverine and Blue Water routes are part of the Midwest rail network, which has a population base of about 29 million people 100-500 miles from one another.   Midwestern states have been working cooperatively together to plan and further develop an integrated, multi-state passenger rail network.   In addition to the goal of expanding service to new cities, trains in the system will travel at 110 mph on the primary routes and 90 mph on secondary lines, reducing travel time, and increasing reliability and on-time performance. 

 

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MINEORVANA SUBMITS MINE PERMIT APPLICATION FOR COPPERWOOD PROJECT IN THE UPPER PENINSULA

  

Orvana Minerals Corp. (TSX:ORV), through its wholly-owned subsidiary, Orvana Resources US Corp ("Orvana USA"), announces today the submission of the mine permit application for the Copperwood copper project to the Michigan Department of Environmental Quality (MDEQ) as prescribed in Part 632 of the Michigan Nonferrous Metallic Mining regulation. The project is located in Ironwood and Wakefield Townships, Gogebic County in the western Upper Peninsula, Michigan.

 

As defined in the Part 632 regulation, the review process takes about 7 months, but can be extended if regulators have observations, require clarifications, or modifications are necessary.

 

The Part 632 permit, which is the overall environmental permit, is one of 13 permits that are required to operate a mine in Michigan. Other key permits are the Chapter 30 Wetlands Fill Permit, the NPDES or wastewater discharge permit, and the Permit to Install - Air Discharge permit; it is planned to submit these three permit applications within the next 90 days. Twelve of the 13 permits are granted by the MDEQ and one of them is granted by the Michigan Department of Natural Resources.

 

"We look forward to this permit review process and are optimistic about a positive outcome," said Bill Williams, President of Orvana USA. "The effort exerted by Orvana's Copperwood team to compile all the data collected, integrate the contributions of the consultants and contractors involved, and organize this 6,000-page document was extraordinary. This effort will continue as we march forward towards an operating mine."

 

Copperwood is a stratiform copper deposit hosted by the shales and siltstones of the lowermost Nonesuch Formation along the shallow-dipping southern limb of the westward-plunging Western Syncline. Copper occurs as very fine-grained chalcocite. Fully-diluted proven and probable reserves are 22.6 million tonnes of 1.37% copper and 4.2 grams per tonne silver and 4.6 million tonnes of 1.11% copper and 2.8 grams per tonne silver, respectively (total of 798 million pounds of contained copper and 3.5 million ounces of contained silver) (see 24 June 2011 press release). It is planned to mine the deposit with underground room-and-pillar methods and process the ore by conventional flotation technology. Orvana has options to lease mineral rights on other stratiform copper deposits within the Western Syncline and announced NI 43-101-compliant indicated resources of 771 million pounds and inferred resources of 1,033 million pounds therein (see 14 December 2010 press release).

 

The technical information presented herein was compiled by Bill Williams, Ph.D., VP Corporate Development, a qualified person for the purposes of NI 43-101. Technical Reports are available on the Company's website, www.orvana.com, and on SEDAR www.sedar.com.

 

Orvana is a multi-mine gold and copper producer. Orvana's primary asset is the El Valle-Boinás/Carlés ("EVBC") gold-copper project in northern Spain, which is now being commissioned towards targeted production. Orvana also operates the Don Mario Mine in Bolivia where a newly completed leaching-precipitation-flotation ("LPF") plant is processing ore from the copper-gold-silver Upper Mineralized Zone ("UMZ") deposit. Orvana is also advancing its Copperwood copper project in Michigan, USA. Additional information is available at Orvana´s website.

 

  
 
 
 
 
misclassLABOR SECRETARY AND IRS COMMISSIONER SIGN MEMORANDUM ON EMPLOYEE MISCLASSIFICATION COMPLIANCE

 

Secretary of Labor Hilda L. Solis hosted a ceremony at U.S. Department of Labor headquarters in Washington to sign a memorandum of understanding with the Internal Revenue Service that will improve departmental efforts to end the business practice of misclassifying employees in order to avoid providing employment protections. In addition, labor commissioners and other agency leaders representing seven states signed memorandums of understanding with the department's Wage and Hour Division and, in some cases, its Employee Benefits Security Administration, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs and Office of the Solicitor. The signatory states are Connecticut, Maryland, Massachusetts, Minnesota, Missouri, Utah and Washington. Secretary Solis also announced agreements for the Wage and Hour Division to enter into memorandums of understanding with the state labor agencies of Hawaii, Illinois and Montana, as well as with New York's attorney general.

      

The memorandums of understanding will enable the U.S. Department of Labor to share information and coordinate law enforcement with the IRS and participating states in order to level the playing field for law-abiding employers and ensure that employees receive the protections to which they are entitled under federal and state law.

 

"We're here today to sign a series of agreements that together send a coordinated message: We're standing united to end the practice of misclassifying employees," said Secretary Solis. "We are taking important steps toward making sure that the American dream is still available for all employees and responsible employers alike."

 

"This agreement takes the partnership between the IRS and Department of Labor to a new level," said IRS Commissioner Doug Shulman. "In this new phase of our relationship, we will work together more efficiently to address worker misclassification issues, and better serve the needs of small businesses and employees."

 

Business models that attempt to change, obscure or eliminate the employment relationship are not inherently illegal, unless they are used to evade compliance with federal labor laws - for example, if an employee is misclassified as an independent contractor and subsequently denied rights and benefits to which he or she is entitled under the law. In addition, misclassification can create economic pressure for law-abiding business owners.

 

These memorandums of understanding arose as part of the department's Misclassification Initiative, which was launched under the auspices of Vice President Biden's Middle Class Task Force with the goal of preventing, detecting and remedying employee misclassification.

 

The mission of the U.S. Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

 

  
craneCRANE CERTIFICATION PROGRAM

  

OSHA required

Crane Operator Certification

October 24 - 27, 2011

 

Now available from Associated Builders and Contractors

 

 

Any person engaged in a construction activity who is operating a mobile crane must be certified.  It's the law! Crane's are potentially one of the most dangerous machines on a building site.  By certifying operators, crane-related accidents will fall, thus reducing workplace injuries and deaths.  Through quality crane operator training and assessment testing, individuals can be prepared to work safely on construction sites.  Training and assessment for certification now available!