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June 5, 2014 | Volume 6, Issue 11
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ABC Likely to Appeal Lansing Prevailing Wage Mandate Reinstatement

The Michigan Court of Appeals decision on May 28th reinstating Lansing's prevailing wage ordinance will be reviewed carefully and most likely appealed to the Michigan Supreme Court, says Associated Builders and Contractors (ABC), which challenged the ordinance in 2012.  

 

"We strongly disagree with the Michigan Court of Appeals decision in Associated Builders and Contractors v. City of Lansing and find it to be a bad ruling," said ABC of Michigan president Chris Fisher.

 

A strong dissent, authored by Judge David Sawyer, took the majority to task for rejecting legal precedent from the Michigan Supreme Court. "It is not for us to reject the continued validity of [the Supreme Court case]," wrote Sawyer. "It is for the [City of Lansing] to persuade the Supreme Court do so.'" 

 

Sign the petition to repeal Prevailing Wage!

 

"We believe a solid case can now be made for this issue to be settled by the Michigan Supreme Court in light of conflicting court decisions around the state, including two conflicting decisions by the Court of Appeals itself," added Fisher.

 

There are several other similar ordinances and policies across Michigan that create an inconsistent patchwork of wage rates and rules that differ from locality to locality. The uncertainty this creates has fueled ABC efforts to challenge the authority of local governments to impose prevailing wage or any other wage or benefit requirements.

 

"Like all so-called prevailing wage schemes, Lansing's ordinance mandates that taxpayers pay artificially high wages on city-backed construction projects, resulting in overall higher costs and reducing money for other vital needs and services," said ABC Greater Michigan Chapter president Jimmy Greene.  "Michigan citizens deserve to have their tax dollars spent wisely, rather than squandered on regulations that hinder job creation." 

Power Tool Survey

Associated Builders and Contractors Greater Michigan Chapter is reaching out to ABC contractor members in an effort to capture best processes and procedures to achieve safety excellence in power tool usage and procurement.

 

Please a moment to fill out this brief survey. The accumulated information will be collected then shared with participating contractors in an effort to enhance and strengthen all contractor's power tool safety policies and procedures making our industry a safer place to work within and to ensure growth throughout. 

 

Please complete the survey by June 9th 2014. 

 

If the link above does not work, you may copy and paste the following link into your internet browser: 

https://www.surveymonkey.com/s/TW59YDB

 

Survey contacts: Rebecca Kaiser or Michelle Revette at the Greater Michigan Chapter.

MSU FOIA Request Reveals AFL-CIO Payouts
Following a Freedom of Information Act request, Associated Builders and Contractors of Michigan has
learned that Michigan State University recently entered into a "Memorandum of Understanding" with AFL-CIO's Building and Construction Trades division regarding operation of a national union organizing academy.

The agreement, which comes on the heels of state Senate action to end the university's role in union organizing, requires the university's School of Human Resources and Labor Relations to provide payouts to the union for each qualifying class. 

Many of the classes continue to promote unionization of non-union companies, according to ABC of Michigan. "The memorandum seems to be an attempt to reassure critics that the academy's purpose is purely educational rather than a training program for union activists," says Chris Fisher, president of ABC of
Michigan. "Despite claiming that they will not target companies for unionization, the revised course descriptions and other details, however, clearly confirm the actual purpose, as well as outline how MSU will not only pay the cost of the program, but also will provide payouts to the union for its part in enrolling participants. No public university should be allowed to use public resources for programs that target private businesses for unionizing." 

Specific course descriptions outline the objectionable curriculum content: "This course offers a comprehensive overview of organizing issues related to the construction industry, offering constructive ways to organize the industry..." Another course focuses on preparing "...building trades organizers to conduct effective in-person meetings with non-union contractors both inside and outside of the context of organizing."

"MSU has taken over operation of an AFL-CIO program that instructs union officials on methods of interfering with non-union companies in order to cause labor disruption and pressure to unionize," Fisher explains. "Membership building efforts by the union are understandable, given the steep decline in union members of recent years, but a taxpayer funded university should not be a part of it. MSU's involvement with the union academy needs to end."

ABC supports language developed by the Higher Education Subcommittee of the Michigan Senate's Appropriations Committee which says public universities will be penalized if they get involved in union organizing. The language includes a provision to penalize any public university $500,000 per occurrence for participating in instructional activity that either encourages or discourages union organizing.

The union organizing academy was previously administered by the AFL-CIO National Labor College
but is now part of the university's School of Human Resources and Labor Relations. Participation is only open to union officials, not MSU students.

Final legislative action on the Higher Education budget is hoped for before the Legislature takes its
summer recess.
Federal Regulatory Agendas Include Persuader Rule, Emissions Reductions, Silica Rule
The U.S. Department of Labor (DOL) plans to finalize its controversial "persuader" final rule by December 2014, which severely narrows long-standing reporting exemptions for employers and third-party experts, and redefines labor relations "advice."  


The persuader rule is designed to work hand-in-glove with the National Labor Relations Board's (NLRB) proposed "ambush" elections rule, which would dramatically reduce the amount of time between when a union files a representation petition and an election takes place, from a median of around 38 days to as few as 10 days. The proposal also creates privacy concerns by requiring employers to submit their employees' personal contact information, including email addresses and phone numbers, to union organizers. Read more on the "Persuader" rule and "Ambush" rule. 

 

The Environmental Protection Agency's (EPA) May 23 regulatory agency includes items related to the Clean Water Act, lead paint programs, Clean Air Act and post-construction stormwater, among other items. Read more detail on each item here.

The Occupational Safety and Health Administration (OSHA) plans to issue a final rule on confined spaces in 2014. The regulatory agenda lists the priorities of the administration and the rulemakings they expect to release this year; however, OSHA is not required to adhere to the timeline. More details on the full agenda are available here.
Detroit Construction Activity Part of State's Comeback
ABC of Michigan's Chris Fisher plugged Michigan's continuing increase in economic growth in the construction industry and skilled trades in a report for CBS Detroit on the increase of construction activity in Downtown Detroit. Read more: "Construction Industry Finds Renaissance In Downtown Detroit" and  "Downtown Detroit's rebuilding creates comeback story for construction industry, expert says".

On economic activity in Michigan:

 

"The construction workers, the scaffolding, the cranes, the noise - that's music to our ears in the construction industry ... We're seeing more jobs, we're seeing better jobs and we're building again," Fisher said. "We suffered more than most industries did in Michigan and to see folks getting back to work, to see backlogs improving - it's quite a comeback story and we're thrilled to be a part of that."

 

On careers in the trades:

 

"These are great careers," Fisher said. "Skilled trades pay more than most other industries - you're going to have a larger paycheck than in other professions and it's in high demand. You could right now do a skilled trade career in Michigan and you're not going to have a hard time finding a job."

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