Human Resource & Labor News
www.agc.orgMarch 27, 2013 / Issue No. 2-13
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On the Inside
Labor Relations
Union Representation in Construction Slips in 2012, While Earnings Rise
Laborersí International Vice President Rocco Davis Delivers Up-Beat Message to AGCís Union Contractors
New Proposal to Reform Multiemployer Retirement Plans Will Help Hard Hit Construction Industry
AGC Member Testifies at House Pension Hearing
NLRB Recess Appointment Challenge Likely Headed to Supreme Court
NLRB Holds that Dues Check-Off Survives Contract Expiration
Employers Required to Use New Form I-9 Beginning on May 7
Independent Contractors
IRS Expands Amnesty Program for Identifying Misclassified Independent Contractors; Still Risky
Federal Contractors: Beware of OFCCPís New Compensation Audit Procedures
Leave and Benefits
Labor Department Issues New FMLA Regulations; New Forms & Poster Required
Whistleblower Complaint Procedures for Affordable Care Act Announced
Laborersí International Vice President Rocco Davis Delivers Up-Beat Message to AGCís Union Contractors

Things are looking up, according to Rocco Davis of the Laborers’ International Union of North America (“LiUNA”) in a March 6 address during AGC of America’s Annual Convention in Palm Springs, CA.  Davis, who serves LiUNA as Vice President, Special Assistant to the General President, and Pacific Southwest Regional Manager, expressed optimism about the industry and about labor relations.

Work hours are starting to rebound in most parts of the country, reported Davis, noting that LiUNA-represented workers logged 40 million “man hours” in 2012.  LiUNA is especially encouraged by expected growth in the energy sector and considers infrastructure investment the key to progress.  He added that LiUNA appreciates its alliance with AGC on efforts to promote infrastructure investment and that the union wants to work with AGC on other areas of common ground as well.

One potential such area identified by Davis is immigration reform.  Like AGC, said Davis, LiUNA is concerned about vicarious liability – i.e., laws that render contractors liable for the violations of their subcontractors – and does not oppose an E-Verify system that is accurate and fair.  However, unlike AGC, LiUNA does oppose a new temporary guest worker program in construction.  There’s no justification for such a program, according to Davis, other than to drive down wages.

Davis also spoke about other areas of common concern, including multiemployer pension reform, clarifying the health care reform law, and avoiding jurisdictional disputes.  On the subject of jurisdictional disputes, Davis commented that LiUNA is taking the lead in streamlining jurisdiction and expressed his union’s interest in respecting area practice.  The Building and Construction Trades Department’s decision to revise the Plan for Settlement of Jurisdictional Disputes to put area practice on the same level of importance as prior decisions of record was a major factor in LiUNA’s decision to rejoin the Department in 2008, said Davis.  Because area practice now has added weight, he added, it is important for contractors to provide written work assignments when LiUNA requests them.  The intent is to build evidence of local practices.  Davis also mentioned that LiUNA has abrogated most of its jurisdictional agreements because they’re antiquated.

“We’re partners with you,” said Davis, and want to help contractors in efforts to increase competitiveness, increase efficiency, upgrade skills, and find new ways to grow.

The convention session at which Davis spoke was hosted by AGC’s Union Contractors Committee and took the place of a regular committee meeting.

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