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July 17, 2014 | Volume 6, Issue 14
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ABC Appeals Lansing Prevailing Wage Ruling To Supreme Court

ABC of Michigan this week announced that it has filed an appeal to the Michigan Supreme Court to overturn a lower court ruling upholding Lansing's Prevailing Wage ordinance.

 

 "We are astounded that the Court of Appeals overstepped its authority by reinstating this ordinance, in direct contradiction to Michigan Supreme Court precedent," said Chris Fisher, ABC of Michigan President. "It is crystal clear that municipalities only have the specific powers allotted to them by the Legislature and Michigan Constitution, and according to Supreme Court precedent, that does not include regulating wages and benefits of third parties as in the case of a prevailing wage ordinance."

 

Prevailing wage mandates are a hodgepodge of wage and benefit classifications and payment schedules for just the construction industry that are limited to only taxpayer-funded construction, with numerous complicated requirements for contractors. Neither Lansing's nor the state's prevailing wage mandate follow regular market rates (which for Michigan's construction industry are already significantly higher than the average worker's pay in the state). Typically local mandates are either copied from large-scale federal construction calculations or are based exclusively on rates that are set by union-only collective bargaining agreements, ignoring the fact that more than 85% of Michigan's construction workforce chooses not to belong to a union. 

 

The appeal filed by ABC notes that "by taking the stance that municipalities may also add to the confusion by creating their own set of prevailing wage mandates, the Court of Appeals oversteps the bounds of the state law and adds another layer of headache to the day to day business operations of Michigan's contractors."

 

The appeal also notes that the Michigan Supreme Court had already ruled on the matter of local jurisdiction over wage and benefit rates in Lennane v. Detroit. "Because the Michigan Supreme Court has previously ruled that municipal concerns of municipalities do not include the regulation of third party wage and benefit rates, the May 27 Appeals Court decision cannot be allowed to stand," concluded Fisher.

 

The ABC application and Leave for Appeal to the Michigan Supreme Court may be viewed here.

2014 ABC of MI Directory Now Available in Two Formats 

The printed version of the 2014 Statewide Membership Directory will be arriving in your office within the next week or so.  Every ABC of Michigan member receives a copy FREE!  Additional copies are available by contacting Mary Boardway at the ABC of Michigan office.

 

In addition the directory is now available on a digital platform for accessing information quickly and easily.  With regional and industry-specific search capabilities the directory can be accessed using a computer, tablet or smart phone -- anytime.  Users can add a Hotlink Button to their smart phones or tablets, to easily access the Membership Directory as an app.

 

This format can be modified and updated throughout the year to make it up-to-date and accurate the entire year.  Now you can have a current, readily available directory all your staff members can access using their mobile devices and computers. 

 

Advertising opportunities are still available for the on line directory.  Contact E & M Consulting at 800-572-0011 or visit www.emconsultinginc.com  to learn more.  E&M Consulting will take care of advertising creation and content development. 

 

Check out the new on line directory at: http://abcmi.eandmonline.com/ or visit our web site at www.abcmi.com and click on the link on our homepage.  

Featured Jobs: Michigan Construction Job Center



MIOSHA 10 Hour Construction Course in Traverse City
MIOSHA 10 Hour Construction Course

Northwestern Michigan College
Traverse City, MI
October 1 & 2, 2014
Register: www.nmc.edu/ees

This 10-hour program presents an overview of MIOSHA regulations for the construction industry. Detailed information is presented to enable the participant to develop an accident prevention plan as required by Rule 114 of MIOSHA Construction Safety Standard Part 1, General Rules.

An overview of MIOSHA inspection procedures is presented, as well as the most frequently cited MIOSHA violations in the construction industry. Participants gain detailed information regarding construction and health standards relative to the industry.

Emphasis will be placed on recognizing hazards and describing safe work practices to eliminate or control those hazards. Students will receive both MIOSHA and OSHA 10-hour cards upon successful completion of the class.
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230 N. Washington Square
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Lansing, MI 48933
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