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The National Labor Relations Board (NLRB) in LA Specialty Produce Company recently overturned an administrative law judge’s (ALJ) finding that an employer’s confidentiality rule and media rule violated the National Labor Relations Act (NLRA). Applying the balancing test articulated in its 2017 Boeing decision for the first time, the NLRB emphasized that a work rule is lawful if, when reasonably interpreted, it does not interfere with rights protected by the NLRA. The work rule must be considered in the context of its everyday application. Moreover, even if the rule in question might interfere with NLRA rights, the NLRB must weigh the impact of the rule on NLRA rights against the employer’s business justification for the rule. The rule is unlawful only if the adverse impact on NLRA rights outweighs the justification for the rule.

<p>On Nov. 15, the U.S. Environmental Protection Agency (EPA) finalized an �鶹��ý-supported <a href="https://www.epa.gov/hw/increasing-recycling-adding-aerosol-cans-universal-waste-regulations">rule</a> that expands universal waste regulations to include aerosol cans and streamlines the management of this waste. This measure should help construction firms maintain a lower-tier generator category, as aerosol cans are often the only hazardous waste stream produced on a construction site. This rule also promotes safe puncturing practices and recycling. EPA estimates it will reduce annual regulatory cost between $5.3 million to $47.8 million.</p>

As the U.S. House may consider a suite of bills to spur action on per- and polyfluoroalkyl substances (PFAS)—a large and diverse group of chemicals—�鶹��ý and industry allies urged policymakers to rely on sound science before enacting a one-size-fits-all approach for properly dealing with the chemicals. Treating all PFAS substances the same, without any regard to science, would lead to unnecessary liability for contractors and result in wide-spread and possibly unnecessary remediation of soil and water. �鶹��ý urges that any federal actions on this subject address specific PFASs and take a consistent approach to establish risk-based standards.

On Nov. 20, Senate Republicans introduced an alternative for addressing the multiemployer pension plan crisis. This plan differs greatly from the House-passed Butch Lewis Act. While it makes positive structural reforms to the multiemployer pension plan system, it also raises questions on how it would impact plans and contributing employers. �鶹��ý will continue to advocate for a package that provides employees and employers with viable options for addressing pension funding shortfalls and allows for greater plan flexibility. For further information on the Senate plan, view the White Paper and Technical Explanation.

On Nov. 21, Congress sent FY 2020 funding legislation to President Trump that includes �鶹��ý-backed repeal of a $7.6 billion cut to federal highway funding, known as a “rescission,” that was scheduled to take place on July 1, 2020. This rescission—required by the current federal highway and transit law, the FAST Act— would have affected all 50 states and the District of Columbia by limiting local flexibility and possibly hindering the ability to plan and carry out critical projects. �鶹��ý applauds Congress’ action to repeal this rescission and will continue to monitor the progress of FY 2020 spending legislation to ensure continued investment in our nation’s infrastructure.

As the U.S. House of Representatives considers a suite of bills to spur action on per- and polyfluoroalkyl substances (PFAS), �鶹��ý and industry allies urged policymakers to rely on the science and support the federal agencies in their efforts to research and set protective risk-based standards. PFAS are a large and diverse group of chemicals and a one-size-fits-all approach would not be appropriate.

Employers Must Now Submit Openings for Advertising on DOL Website

The agenda for �鶹��ý of America’s 2020 Annual Convention includes three sessions specifically for union contractors. The convention will run from March 9-12 in Las Vegas, NV, co-located with the CONEXPO-CON/AGG industry trade show. Registration is now open at https://convention.agc.org/.

On Nov. 15, the U.S. Environmental Protection Agency finalized an �鶹��ý-supported rule expanding the universal waste regulations to include aerosol cans and streamlining the management of this waste. It should help construction firms maintain a lower-tier generator category, because aerosol cans are often the only hazardous waste stream produced on a construction site. The also rule promotes safe puncturing practices and recycling. EPA estimates it will reduce the regulatory cost between $5.3 million to $47.8 million annually.