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On April 18, �ԹϺ����� submitted a response to the National Labor Relations Board’s Request for Information regarding representation-case procedures. �ԹϺ����� also signed onto a response submitted by the Coalition for a Democratic Workplace (CDW). Both responses call on the Board to rescind or modify its 2014 rule that changed the procedures for union representation elections. The rule is often called the “quickie” or “ambush” election rule because it expedites the procedures in a way that can disadvantage employers that oppose a union organizing campaign.

Recent meetings and calls for action at the federal level indicate that the Trump Administration is mounting a coordinated and collaborative approach to target all sources of lead exposure. There are a slew of regulatory developments focused primarily on re-evaluating, clarifying, and potentially expanding the U.S. Environmental Protection Agency’s (EPA) current program that addresses lead paint hazards – the Lead Renovation, Repair and Painting (RRP) program. In addition, federal agencies are considering other sources of lead exposure, including drinking water and soil. Following is an update on federal activities related to lead pipes, paint, and dust.

A draft U.S. Army Corps of Engineers (USACE) directive would encourage the agency to concurrently process two related permitting reviews when a project needs them—Section 408 permissions under the Rivers and Harbors Act (RHA) and Clean Water Act (CWA) Section 404 dredge and fill permits—a priority among a number of �ԹϺ�����’s environmental review and permitting reform recommendations. RHA Section 408 requires USACE to evaluate and grant permission for any construction projects that alter existing USACE infrastructure—e.g., bridge/road construction project over, or by, a USACE-built levee, port construction on, or in, a USACE-dredged harbor. Where a construction project needs both a Section 408 permission and Section 404 permit, USACE does not currently begin the Section 404 permitting review process until it completes the Section 408 permission process, which further delays construction projects.

In Line with �ԹϺ����� Environmental Review Streamlining Recommendations

On April 12, 2018, the U.S. Department of Labor (DOL) issued 3 new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA) and other laws. The DOL issued the letters as part of its commitment to protect employees, enforce the law, and ensure employers have the tools for compliance.

On April 11, the Senate confirmed John F. Ring’s appointment to the National Labor Relations Board for a term expiring on December 16, 2022. Once Ring is sworn in, the Board will return to a full complement of five members, with a three-to-two Republican majority. Ring is currently a partner at the law firm of Morgan Lewis & Bockius in Washington, DC, where he co-leads the firm’s Labor-Management Relations Practice representing employers in a variety of labor and employment matters. He has been with the firm his entire legal career, starting in 1988.

International Union of Operating Engineers Pres. Jim Callahan has invited �ԹϺ����� members and staff to tour the union’s brand new International Training & Conference Center in Crosby, TX, on June 5. �ԹϺ����� is in the process of arranging hotel accommodations at a hotel at Bush Intercontinental Airport in nearby Houston for June 4 and will host a breakfast on June 5. Transportation to the Center will also be provided. The tour will begin around 10:00 a.m., followed by lunch hosted by the Operating Engineers.

Construction costs climbed again in March, with increases for a wide range of building materials, including many that are subject to proposed tariffs that could drive prices still higher and cause scarcities, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials warned that tariffs on some items might lead to project delays and cancellations if supplies become unobtainable or too expensive for current budgets.

Construction employment increased by 228,000 jobs over the past year despite a weather-related dip last month, and the industry’s unemployment rate fell to 7.4 percent, the lowest yet for March, according to an analysis of new government data by the Associated General Contractors of America. Association officials called for revitalizing and adequately funding career and technical education and training programs to ensure that employment in the high-paying industry would continue to grow.

On March 30, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark for 2018. Effective March 31, 2018, the hiring benchmark will be 6.4 percent, down from 6.7 percent in 2017. This benchmark is an annual goal for the percentage of hires who are veterans at each affirmative action plan (AAP) establishment.