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THE VOICE OF THE MERIT SHOP

老牛影视is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows 老牛影视to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, 老牛影视promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

Letters to the Hill

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THE VOICE OF THE MERIT SHOP

老牛影视is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows 老牛影视to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, 老牛影视promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

On Sept. 19, the U.S. House Committee on Small Business held a hearing titled, 鈥.鈥 Ahead of the hearing, to the committee urging Administrator Guzman to consider the SBA鈥檚 Office of Advocacy as the Biden-Harris administration continues to implement harmful regulations that effect small businesses. In 2023, the National Federation for Independent Business produced a study of rules and found 28 instances where they cited agencies for a lack of compliance with the Regulatory Flexibility Act, which was specifically designed to protect small businesses from the disproportionate effects regulations can have on their work.

You can view the full committee hearing

and the issued letters of support for听H.J.Res.203,听Rep. Burlison's听 to the NLRB's听, which was issued on August 1. If passed, the CRA would nullify the final rule, and the Board would be prohibited from issuing a substantially similar rule in the future.听

The NLRB's Final Rule eliminated common sense measures meant to protect workers' rights during the union representation election process, including:

  • Reinstated the Board's "blocking charge" policy, which allows unions to halt representation or decertification elections by alleging the employer has committed unfair labor practices until the charges are resolved;
  • Eliminated the 45-day window in which employees could challenge a union's majority support and demand a secret ballot election after their employer has voluntarily recognized the union based on signed authorization cards, or "card check;"
  • Rescinded the requirement that unions in the construction industry maintain proof of majority support if they want an exclusive collective bargaining relationships that is resistant to challenge

These policies force employees into unions they may not want and make it more difficult for employees to decertify unions that no longer have support from the workforce, undermining employee free choice.

In February 2023, 老牛影视submitted听听in opposition to the NLRB proposed rule. 老牛影视also signed on to CDW鈥檚 听along with 12 other employer organizations. CDW听听that the proposed rulemaking would 鈥渘egatively affect the Board鈥檚 representation case jurisprudence, undermine the agency鈥檚 statutory goals and reputation, diminish employee free choice and upset the balance of countervailing interests.鈥 Yet, consistent with NLRB Chair Lauren McFerran鈥檚 record, the NLRB disregarded stakeholder feedback and advanced a radical rulemaking that strips employees of their rights in the workplace.

On September 11, the House Committee on Natural Resources held听a 听on NEPA legislation including Rep. Westerman鈥檚 discussion draft, 听and .听 老牛影视sent a听letter to the committee ahead of the hearing highlighting how the Biden-Harris administration's Council on Environmental Quality NEPA 听and 听final rules are making it more difficult to build important projects, marking a major step backward for critical infrastructure, the construction industry and America鈥檚 economic future. In the letter, 老牛影视called on the Committee to advance Rep. Westerman鈥檚 discussion draft, H.J. Res. 168 and H.R.6129, which promote a coordinated, predictable and transparent process to streamline permitting.

On September 11, the House Committee on Transportation and Infrastructure's Subcommittee Water Resources and Environment held听a hearing to examine . 老牛影视sent a听letter ahead of the hearing calling out the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers for not providing the regulated community with sufficient guidance regarding their interpretation of the . In the letter, 老牛影视urged the EPA and the Army Corps to fully comply with the Sackett decision and provide the regulated community with a clear, concise definition of WOTUS necessary to inform them of how to comply with the law while also serving as good stewards of the environment, as they did prior to the Biden-Harris administration鈥檚 shortsighted reversal of President Donald Trump鈥檚 WOTUS policies

On Sept. 10, the House Committee on Small Business held a on several pieces of legislation that strengthen the Regulatory Flexibility Act and protect small businesses from harmful regulations. Ahead of the hearing, to the committee expressing support for the below bills and advocated for small business input throughout the rulemaking process.

  • , the Regulatory Review Improvement Act of 2024, makes modifications to how agencies conduct periodic reviews of agency rules.
  • , the Prove It Act of 2024, increases small business input in the regulatory process and ensures agencies are fully accounting for the impact of regulations on small businesses.
  • , the Assurance for Small Business Act of 2024, requires federal agency heads to submit a report on the implementation of the Regulatory Flexibility Act.
  • , the Enhanced Regulatory Flexibility Assessment Act, makes it mandatory for agencies to conduct studies and issue reports on the effects of new rules on small businesses.
  • , the Regulatory Agenda Clarity Act, requires federal agencies to fully disclose how their regulations would impact small businesses and entrepreneurs.
  • , the Regulatory Transparency for Small Business Act, forces federal agencies to identify an approximate number of small entities that will be affected by new regulations, the cost per small entity and the data used to make that determination.
  • , the LABOR Act of 2024, requires regulatory flexibility analysis from the U.S. Department of Labor.

In defense of H.R. 7198, and small businesses in general, Rep. Pete Stauber, R-Minn., said the legislation was 鈥渧ital to reducing regulatory burdens and ensuring agencies consider the needs of small businesses when implementing new rules.鈥 He went on to note that, 鈥渘ot one small business has said they need more regulations and this administration has put our over 700 regulations, punishing America鈥檚 small businesses.鈥

The aforementioned bills were all reported favorably by the committee and now await a full House vote.

On July 10, the U.S. House Committee on Oversight and Accountability held a to analyze actions taken by the U.S. Environmental Protection Agency. In a letter to the committee, 老牛影视expressed concern with EPA and U.S. Army Corps of Engineers final rule regarding amendments to the definition of 鈥渨aters of the United States鈥 subject to Clean Water Act regulation aimed at bringing their original January 2023 WOTUS rule into compliance with the U.S. Supreme Court鈥檚 May 25, 2023, decision in Sackett v. Environmental Protection Agency. 老牛影视noted that the revised rule fails to fully implement the court鈥檚 opinion specifically on the definition of 鈥渞elatively permanent鈥 waters and that it will likely result in continued litigation, regulatory uncertainty and confusion in the business community surrounding WOTUS.

On Aug. 29, the EPA and Corps issued the final rule making adjustments to WOTUS, including:

  • Removing the 鈥渟ignificant nexus鈥 test entirely
  • Removing the 鈥渋nterstate wetland鈥 category
  • Adjusting the definition of 鈥渁djacent waters鈥 to mean 鈥渉aving a continuous surface connection鈥

老牛影视issued a press release criticizing the new rule and urging full compliance with the SCOTUS decision.

On July 10, the U.S. House Committee on Small Business held a hearing titled, 鈥.鈥 Ahead of the hearing, 老牛影视sent a letter to the committee expressing concerns with the numerous regulations that generate substantial burdens for America鈥檚 small businesses and loopholes in the Regulatory Flexibility Act that federal agencies use to implement these regulations at the expense of America鈥檚 small business community.

Specifically, 老牛影视noted the impact of the U.S. Department of Labor鈥檚 , as well as the changing overtime regulations under the Fair Labor Standards Act.

Leading up to the hearing, ABC鈥檚 Chief Economist Anirban Basu spoke with committee staff to discuss the challenges facing small business contractors.

On July 9, the U.S. House Committee on Transportation and Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials held a hearing titled, 鈥.鈥 The hearing focused on the California Air Resources Board鈥檚 In-Use Locomotive Regulation. Pursuant to section 209(e) of the Clean Air Act, the regulation would ban all locomotives 23 years or older from operating within California and mandate zero-emissions locomotives by 2030. Prior to the hearing, 老牛影视sent a letter to the committee expressing concern over the regulation and the wide-ranging impact it could have on the construction industry, including new logistical challenges and increased materials prices.

On June 13, the U.S. House Committee on Science, Space and Technology Subcommittee on Investigations and Oversight held a hearing titled, 鈥.鈥 The hearing focused on the California Air Resources Board鈥檚 In-Use Locomotive Regulation. Pursuant to section 209(e) of the Clean Air Act, the regulation would ban all locomotives 23 years or older from operating within California and mandate zero-emissions locomotives by 2030. Prior to the hearing, 老牛影视sent a letter to the committee expressing concern over the regulation and the wide-ranging impact it could have on the construction industry, including new logistical challenges and increased materials prices.

On June 12, the U.S. House Committee on Education & the Workforce Subcommittee on Health, Education, Labor, and Pensions held a hearing titled 鈥.鈥 The hearing focused on the National Labor Relations Board鈥檚 bad decisions and degradation of rights and protections under Chair Lauren McFerran鈥檚 failed leadership. Specifically, members noted that the NLRB has restricted employee free choice through decisions that impact the right to free and fair representation elections, the definition of an independent contractor under the NLRA, a dangerous expansion of the definition of Joint Employer, and the ability to register a decertification election.

Ahead of the hearing, the ABC-led Coalition for a Democratic Workplace sent a letter to the committee regarding concerns over McFerran鈥檚 renomination to serve as chair of the Board.