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What’s old is new again at the Equal Employment Opportunity Commission (EEOC) as numerous district offices have recently expanded their use of fact-finding conferences. Fact-finding conferences are part of the EEOC’s expansive statutory investigation toolkit, but they are one of the lesser-known and perhaps lesser-used tools. The EEOC is authorized by federal law to utilize fact-finding conferences and may specifically require both parties to participate in order to define, resolve, and potentially settle any issues.

On January 8, �鶹��ý of America submitted comments on the National Labor Relations Board’s latest proposed rule to modify union representation-case procedures. Not to be confused with the Board’s “quickie election” rule, which addresses different representation-case procedures, the present rulemaking proposes three changes: (1) replacing the Board’s current “blocking charge” policy with a vote-and-impound procedure that would allow representation elections to move forward while an unfair labor practice charge is pending; (2) modifying the current “voluntary recognition bar” policy by re-establishing a notice requirement and a 45-day open period within which to file an election petition following an employer’s voluntary recognition of a union under Section 9(a) of the National Labor Relations Act (“NLRA”); and – most relevant to �鶹��ý members – (3) preventing the establishment of a Section 9(a) bargaining relationship in the construction industry based on contract language alone.

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently published the updated Federal Contract Compliance Manual (FCCM). The Manual provides guidance for OFCCP's compliance officers in conducting compliance evaluations and complaint investigations and provides federal contractors with compliance assistance.

From the final rule to replace the repealed 2015 definition of Waters of the United States and a proposal to reform the National Environmental Policy Act procedures, to addressing the take of migratory birds and issuing regulatory determinations for per- and polyfluoroalkyl substances (PFAS); the most recent Unified Agenda shows the agencies striving to complete some of the Administration’s biggest environmental policy goals.

Congress considered adding to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) controversial language to regulate all per- and polyfluoroalkyl substances (PFAS).

Deadline to apply is February 26, 2020

Each year, �鶹��ý seeks nominations for qualified and motivated individuals from the �鶹��ý Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in �鶹��ý of America’s environmental advocacy, education and outreach efforts?

On Dec. 19, the House passed H.R. 5430, the United States-Mexico-Canada Agreement Implementation Act (USMCA). The passage of this legislation represents a major first step towards ratification of the newly negotiated trade pact between the U.S., Canada, and Mexico. The Senate is set to consider USMCA in the new year. �鶹��ý has long supported this measure due to the significant economic impact trade with our North American neighbors has on the construction industry. Ratification of this new agreement will help ensure that trade impacting the construction industry supply chain remains free, fair, and certain.

On Dec. 19, the Senate passed many non-funding �鶹��ý-backed measures as part of the agreement reached to fund the federal government through the remainder of fiscal year (FY) 2020. This measure is expected to become law, pending the President’s signature. This legislation extends authorization for the Terrorism Risk Insurance Program (TRIA) for seven years, as well as the National Flood Insurance Program for one year. These programs provide an important government backstop for natural and man-made disasters that would otherwise prevent commercial construction projects from moving forward. Additionally, this bill addresses many priorities in the tax, healthcare, and retirement space.