Volume 4 -- Issue 30 -- August, 16, 2007
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HUMAN RESOURCES
DHS Issues Final Rule Concerning Social Security No-Match Letters – Falls Short of Addressing Security and Economic Needs
LABOR
NLRB Strikes Down Private Owner’s PLA Requirement, Leaving Key Questions Unanswered
CONGRESS
Congressional Retirements Continue—Some AGC Friends on the List
EXCAVATION
AGC Working With Government and Industry to Enhance Safety and Underground Damage Prevention

  DHS Issues Final Rule Concerning Social Security No-Match Letters – Falls Short of Addressing Security and Economic Needs

On Friday, August 10, the Department of Homeland Security (DHS) issued a final regulation concerning “no-match letters.”  The final rule was published in Wednesday’s Federal Register.  The rule takes effect on September 14. 

Current law already prohibits employers from knowingly employing unauthorized aliens, and the term “knowingly” has been interpreted by regulation and case law to include constructive knowledge. 

The new rule (1) adds new examples of situations that may establish “constructive knowledge” and (2) provides “safe harbor” procedures for employers to follow in order to avoid liability for having constructive knowledge.  The new examples relate to the employer’s failure to take “reasonable steps” after receiving information either from the Social Security Administration (SSA) that employee name and social security numbers submitted on W-2s do not match SSA records, or information from DHS that an immigration status or I–9 document presented by an employee was not assigned to that employee according to DHS records.  The “safe harbor” procedures include attempting to resolve the mismatch and, if it cannot be resolved within a specified period of time, verifying the employee’s identity and employment authorization through a specified process.

The new rule does not directly impose any new requirements on employers, but it further demonstrates the administration’s interest in stepping up enforcement of immigration laws and provides important guidance as to actions employers should take to reduce their risk of noncompliance.

Click here for AGC’s release on this issue.

For more information, contact Kelly Knott at knottk@agc.org or (202)547-4685. [ return to top ]

  NLRB Strikes Down Private Owner’s PLA Requirement, Leaving Key Questions Unanswered

The National Labor Relations Board (NLRB) has issued a long-awaited (seven years) decision in a case with a potentially far-reaching impact on the use of project labor agreements (PLAs).

In Glens Falls Building & Construction Trades Council, 350 NLRB No. 42 (July 31, 2007), the Board found an unlawful agreement between a union and an owner, and an agreement between a union and a construction manager (CM), requiring all contractors on the project to abide by a PLA, where the union did not have a collective bargaining relationship with either the owner or the CM. 

Click here for more information.

For more information, contact Denise Gold at gold@agc.org or (703) 837-5326. [ return to top ]

  Congressional Retirements Continue—Some AGC Friends on the List

Former House Speaker and AGC friend Dennis J. Hastert (R-Ill.) may announce plans to retire tomorrow.  He has scheduled a press conference for Friday morning and staff has suggested he will finish out the end of this term, and not seek reelection.

Other members and potential members of Congress continue to make job announcements during the August break, including one other high profile Republican and one Democrat switch. 

Rep. Deborah Pryce (R-Ohio), a former member of the House Republican Leadership, announced Thursday that she will retire from Congress in 2008. Citing her desire to spend more time with her young daughter and her aging parents, Pryce declared this term to be her last.

In a switch this week, Rep. Luis V. Gutierrez (D-Ill.) has decided he will run again in 2008.

Click here for a complete list of retirements in the House and Senate.

For more information, contact Jim Young at youngj@agc.org or (703) 547-2133. [ return to top ]

  AGC Working With Government and Industry to Enhance Safety and Underground Damage Prevention

AGC is a founding member along with other industry stakeholders in the Excavation Damage Prevention Initiative (EDPI). EDPI is developing its work plan and time line to:


• Develop national stakeholder endorsed modules that can be incorporated into state one-call legislation.  Where legislation exists, establishe a stakeholder process to develop regulatory options that address the objectives of the nine damage prevention elements as set forth in the recent federal pipeline safety reauthorization;

• Develop an advocacy strategy to help state stakeholders implement the appropriate modules such that a state will have a program that is consistent with the nine elements;

• Provide an information sharing mechanism that gives state stakeholders (local utilities, contractor associations, state regulators, etc.) the information above so they can work together to change and/or enact state legislation implementing the nine elements, and/or regulations as needed that achieve the goals of the nine elements into the state’s excavation damage prevention program; and,
 
• Provide input into the U.S. Department of Transportation’s criteria for states to be eligible to receive excavation damage prevention grants and for performance metrics for measuring progress in the nine point program.

For more information, contact Stu Megaw at (703) 837-5321 or megaws@agc.org.   [ return to top ]