Labor Relations Impact on Infrastructure Projects.​

A breakdown on how the DOL and NLRB have a major impact on the amount of work we receive. 

The Bipartisan Infrastructure Law is a historic investment in our nation’s infrastructure. Announced BIL funding for the five states in our council, as of February 2023, totals $25.7 Billion dollars for 996 projects. These funds are allocated to construction projects for bridges & roadways, airports, water systems, flood control, ports & waterways, clean energy & power, & storm protection projects. The RAISE grants alone amount to $253 million dollars for roads and bridges. Over a span of five years, the states in our council are expected to receive $45.6 Billion dollars in federal funding for highways and bridges alone. This means there can be a lot of work coming our way, and the people in charge of governing how these projects progress are extremely important to your pocketbook, so we have to get politically aware and active.

The National Labor Relations Board (NLRB) and Department of Labor (DOL) oversee work standards as well as protect the rights of employees to join together to improve work conditions. The NLRB & DOL are essential to our success in protecting work standards and affect our ability to provide good-paying jobs. NLRB members and the DOL Secretary are appointed by the President of the United States. A President that appoints people who will maintain a fair and balanced system that protects workers’ rights is essential in maintaining the voice Unions provide.

The right to organize into trade unions, engage in collective bargaining, and take collective action such as strikes is made possible through the Labor Relations Act, also known as the Wagner Act. This Act is why the NLRB was created.

NLRB is Key to Our Success

The National Labor Relations Board (NLRB) was created in 1935 to administer the Labor Relations Act. They remedy unfair labor practices, conduct union elections, and issue rules that govern relationships between workers and employers. The board is appointed by the President with the consent of the Senate.

During President Joe Biden’s first week in office, he fired the aggressively pro-business NLRB general counsel, Peter Robb, who was appointed by former President Donald Trump. Mr. Robb’s history of anti-union actions date back to the 80s when he helped defeat the air traffic controllers union while working with the Ronald Reagan administration, which dealt a serious blow to labor unions that has lasted decades. The time he spent as General Counsel for the NLRB was no different, as he pushed an aggressively pro-business agenda that routinely broke with precedent and ruled against workers and unions.

In addition to firing the general counsel, President Biden named NLRB member Lauren McFerran as head of the board, taking over from member John Ring, who presided over major business-friendly decisions during his term. Before being appointed by former President Donald Trump, Mr. Ring represented employers in labor law matters, including collective bargaining agreements with Unions at Morgan, Lewis & Bockius law firm in Washington, D.C.  Being a corporate lawyer, his appointment to this critically important workers’ rights agency was a great concern for many because he didn’t have experience representing working people. His 30-year career was devoted to representing businesses in labor law cases.

The NLRB, the administrating body of the Act labor unions were founded on, now has a 3-1 worker majority until December 2024 thanks to President Biden.

Current Chairman and Austin, Texas native, Lauren McFerran, attended Rice University in Houston, then Yale. McFerran worked up through the ranks as a staff member for the Senate HELP Committee whose purpose is to make decisions on federal labor and employment laws. Some of her positions within the committee included senior labor council & deputy director. She became a member of the NLRB in 2014, then appointed chairman in 2021. Since these changes were made, the NLRB has encouraged stricter penalties when employers violate labor law, filings to hold union elections are up 57%, and they are working on issuing new regulations that will prevent contractors from escaping accountability by using subcontractors that violate workers’ rights.

DOL is the Muscle

The Department of Labor (DOL) administers and enforces laws and regulations affecting workers and contractors. This department is also responsible for lobbying new U.S. federal labor legislation to be passed by Congress. The Secretary of Labor, who leads this department, is appointed by the President, which means the President of the United States has enormous influence over who makes these critical decisions that impact our jobs and lives.

Marty Walsh, appointed Labor Secretary by President Biden, was the first union member to lead the DOL in almost half a century. Within months, he overturned Trump’s independent contractor rule, which made it easier for corporations to misclassify workers as independent contractors. Last September, they repealed the Trump-era rule on Industry-Recognized Apprenticeship Programs. Also, the DOL has created a website on employee rights to form and join unions.

After Marty Walsh stepped down as secretary in March 2023, President Biden announced another worker-friendly nomination for DOL Secretary, Julie Su. Prior to this position, Ms. Su was the Labor Secretary for the State of California where she worked closely with unions and employers. Su has worked side by side with Secretary Walsh to advance President Biden’s vision of a strong, resilient, inclusive economy with worker well-being at its center.

In addition, President Biden has nominated Jessica Looman as administrator of the DOL Wage and Hour Division that enforces overtime and Davis-Bacon wage laws. Looman has experience as a building-trades attorney.

The Central South Carpenters Regional Council and the DOL have had multiple interactions recently. EST Engels attended a meeting with Secretary Walsh, EST Engels was a guest speaker in a DOL webinar advocating for worker rights, and District Director Troy Mouton spoke at our December staff meeting. Also, they have included us on a notification list when wage surveys are issued. There has been a positive change within this department.

In April 2021, President Biden created a task force to study how the federal government could unilaterally expand workers’ rights to join a union. It’s the first of its kind in America. The task force’s report even features UBC member, Amber McCoy, who spoke with Vice President Harris.

DOL Mission

To foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

In fiscal year 2021 alone, the United States Department of Labor, Wage and Hour Division, reported collecting more than $230 million in back wages and helped more than 190,000 workers. Within the last year, OSHA hired more than 270 staffers and scaled up its inspections and investigations. A Union-friendly President who values middle-class jobs over corporations is essential to our success in protecting work standards and directly impacts our ability to provide good-paying jobs.

Regulatory Changes

The Biden administration has proposed updated Davis-Bacon regulations, which are supported by the UBC, that promise to:

• Accurately determine prevailing wages
• Update prevailing wages
• Improve enforcement of Davis-Bacon against cheating contractors.

The Biden administration has proposed regulations that will improve the detection of ringleaders who hide behind shell companies.

The DOL will be proposing regulation that reverse other anti-worker regulations from the Trump administration, including rules that make it easier for contractors to classify workers as independent contractors, thus denying them the right to minimum wages and overtime.

The DOL is proposing regulations requiring federal contractors to disclose if they are using union-busting firms against workers who want union representation.

Many anti-worker lawmakers recently said that if they win back control, they will start by strangling the NLRB and DOL with oversight and paperwork and pursuing legislation making it more difficult for people to vote for union representation. Anti-worker politicians like Henry Cuellar from Texas have already introduced a deceptively named bill that will particularly impact construction workers. It includes the “flexibility” not to receive overtime or minimum wage and the “choice” to be misclassified. It is called the Worker Flexibility and Choice Act. This bill would create a new classification of worker. If the worker signs the agreement, they sign away rights to overtime, minimum wage, and state prevailing rates. It would also increase their taxes, making them now responsible for their entire social security and Medicare tax bill instead of the traditional half because employers are currently responsible for half of those expenses. This bill is backed by the Coalition for Workforce Innovation (CWI). Our rights as workers are directly affected by the politicians we place in office, specifically the President of the United States, Congress, and state leaders. Please keep that in mind when reviewing candidates for local, state, and national elections. Elections have consequences.

Resources: 

The Bipartisan Infrastructure Law funding announced for each state 

DOL Worker Organizing Resource and knowledge Center