CDW RESPONDS TO OBAMA NLRB NOMINATIONS

National Coalition Disappointed In President’s NLRB Selections

The Coalition for a Democratic Workplace has issued the following statement on behalf of Chairman Geoffrey Burr in response to reports that President Obama will add nominations that would create a National Labor Relations Board that includes Mark Pearce, Richard Griffin, Sharon Block:

“Today, the President failed workers and employers alike with his insincere proposal to reconstitute the National Labor Relations Board, an important workplace-related federal agency. If the President actually was serious about establishing a functioning NLRB for workers and employers, he would not have nominated Richard Griffin and Sharon Block, who accepted unconstitutional appointments and then chose to remain in those illegal appointments after a federal court vacated their tenure. Ms. Block and Mr. Griffin’s actions have caused unnecessary uncertainty in labor relations and our economy and, as a result, they are not suitable candidates. Read More

Make Your Voice Heard, Write Your Legislators Here

The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union. We are opposed to the so-called Employee Free Choice Act because it would strip Americans of that right and replace it with a system where your vote is no longer private, and it is made public to your employer, the union organizers and your co-workers.

More recently, appointees on the National Labor Relations Board have pushed Big Labor’s agenda to enact key portions of EFCA and EFCA-lite replacements through executive action and regulation. The aim of these efforts is to decrease the ability for employers to speak to employees, to decrease the ability of employees to access information from both sides and make an informed choice, and thereby increase the number of dues-paying union members. 

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Small Businesses Misunderstand Health Care Mandate

Survey: Small businesses misunderstand health care mandate 

A new survey shows that many small businesses misunderstand the employer mandate of the Affordable Care Act, which affects only businesses with the equivalent of at least 50 full-time workers. More than half of the 259 survey respondents -- all of whom do not meet the mandate threshold -- mistakenly thought they would be subject to the mandate. Read More On Bloomberg Businessweek | Read More At Entrepreneur online

The mandate is just the beginning of what is ahead for small businesses. Just one repercussion is every business will have to pay $63 per year for each employee and employee dependent on their company health care plan for each of the next three years. This is to pay for preexisting conditions that are now mandated to be covered under the law. 

The question remains how could these businesses not know how this law will effect them. One reason is many small business owners could not be bothered to belong to a credible Business Association within their field that would have provided them with National Regulatory and Legislative info important to them and their businesses. That is really the only viable explanation how these business owners could possibly be unaware of what Obamacare would mean to them and their businesses. 

They chose not to belong to save a few bucks on Association Dues, or perhaps because they believe they don't have the time or they believe that they do not need to belong to a National Association and prefer to belong to their local social club. They are full of Excuses, we have heard them all but now, they will pay for their isolation. Unlike Business Associations, Government laws and regulations offer NO Return on Investment. 

In addition to offering Association Group Healthcare for Electrical Contractors, The only Electrical Contractors Association in New Jersey offering State and National Regulatory and Legislative Affairs exclusively for Merit Shop Electrical Contractors is New Jersey IEC. 

New Jersey IEC has retained a Lobbyist in New Jersey and is represented by IEC's Vice President of Government Affairs on Staff at the IEC National Office in Alexandria Virginia. 

NJECPAC has partnered with New Jersey IEC to provide the most important of the myriad of Regulations and Legislative mandates effecting Electrical Contractors to NJECPAC member Organizations. 

Find more information on New Jersey IEC and Association Group Health Benefits for Electrical Contractors Here

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NJECPAC Member Organization Named Legislative Chapter of the Year

NJECPAC Member Organization New Jersey IEC Awarded the Coveted IEC National Legislative Chapter of the Year Award for The Fourth Consecutive Year

2012 National President Bobby Tutor
NJ-IEC VP Joseph Hovanec Jr.
IEC Board Member Janet Martin  

ALEXANDRIA, Va. – The Independent Electrical Contractors, Inc. (IEC) is pleased to announce that New Jersey IEC (NJ-IEC) received the Legislative Chapter of the Year Award during the 55^th Annual IEC National Convention & Electric Expo in Fort Worth, Texas. 

NJ-IEC was recognized for its work with the Department of Community Affairs and the New Jersey Licensing Board to affirm that solar installations qualify as electrical work that requires proper licensing and permits. In addition, legislative bills providing much needed tax relief to New Jersey businesses were passed and the Chapter, working with the Governor’s office, is looking ahead for additional tax relief bills to be passed.

“I congratulate New Jersey IEC for its prestigious IEC Legislative Chapter of the Year Award,” said Thayer Long, IEC National Executive Vice President/CEO. “Their strong and diligent presence in the legislative arena work to keep IEC contractors competitive and strong in the marketplace.”

The Legislative Chapter of the Year Award is presented each year during the IEC National Convention & Electric Expo to recognize an IEC chapter that has made significant strides in achieving IEC’s legislative goals by pursuing legislative and regulatory initiatives that seek to promote and support the merit shop philosophy.  For more information, please visit www.ieci.org.

Established in 1957, IEC is a trade association representing nearly 3,000 members with 60 chapters nationwide. Headquartered in Alexandria, Va., IEC is the nation’s premier trade association representing America’s independent electrical and systems contractors. IEC National aggressively works with the industry to establish a competitive environment for the merit shop – a philosophy that promotes the concept of free enterprise, open competition and economic opportunity for all. 

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House GOP Leaders Urge President to Fix Broken NLRB

House Republican Leaders Urge President Obama to Fix a Broken National Labor Relations Board House Republicans leaders this week urged President Obama to work with the U.S. Senate to confirm four qualified individuals to the National Labor Relations Board (NLRB). The letter is in response to a unanimous decision by a federal appeals court that ruled President Obama’s controversial recess appointments to the board unconstitutional. The Subcommittee on Health, Employment, Labor, and Pensions held a hearing Wednesday on the NLRB appointments, during which witnesses described how the president’s action has tainted the board’s work.  Read More. The Republican leaders also sent a letter to NLRB Chairman Mark Pearce, insisting the board cease all activity until members sufficient to meet a quorum are confirmed by the U.S. Senate or the U.S. Supreme Court rules on the constitutionality of the appointments. The letters from Republican leaders are part of a broad effort to mend a dysfunctional federal labor board. To read the full letters, click here and here. Kline: Unconstitutional NLRB Appointment Scheme Creates Uncertainty for All Americans BACKGROUND: In January 2012, President Obama installed three recess appointments to the board while Congress was regularly meeting in pro forma session. The president’s appointments were unprecedented and legal challenges were filed in federal court questioning whether they were constitutionally valid. In January, the U.S. Court of Appeals for the District of Columbia determined that intrasession recess appointments – including the president’s NLRB appointments – are unconstitutional. Actions by the board are now under a cloud of legal uncertainty that will negatively affect America’s workers and job creators. More from E&W Republicans: Kline Op-Ed: Obama's tactics taint labor board

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IEC Presence on DOL’s Advisory on Apprenticeship Sways PLA Discussion

During a recent Working Group conference call with the Department of Labor’s (DOL) Advisory on Apprenticeship, a discussion emerged on the use of Project Labor Agreements (PLA) and Community Labor Agreements (CLA).

The proposal was issued during the call, stating that language should be included in communications between the DOL and Housing and Urban Development that would favorably mention the use of PLAs and CLAs as the best way to promote job growth in Job Corps related programs and their ties with apprenticeship programs.

IEC’s Vice President of Training & Education Bob Baird was on the call and was able to voice his concerns on this proposal, stating that the biased perspective would not benefit apprentices of merit shop contractors, thus hurting job growth. After this discussion, it was agreed upon to consider incorporating more balanced language to benefit both union and non-union apprenticeship programs and their support for pre-apprenticeship programs such as Job Corps.

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Governor Christie Opts For Federally Administered Health Exchange For NJ

Governor Christie Outlines Path Forward to Best Maintain New Jersey's Delivery of Excellent Healthcare to Residents

Federally Administered Health Exchange Is Most Responsible Choice

Trenton, NJ – Continuing with his commitment to comply with the mandates of the Affordable Care Act in a manner that protects the best interests of New Jersey and its Citizens, Governor Christie has given formal notice to the federal Department of Health and Human Services (HHS) that New Jersey is opting to put in place a federally administered Exchange for Plan Year 2014.

Read Letter to Kathleen Sebelius Here

Under the Christie Administration, New Jersey has already taken numerous significant steps to comply with the federal mandates under the Affordable Care Act, 

· In December of 2012, New Jersey selected an Essential Health Benefits Benchmark plan, as required under the Affordable Care Act.

· New Jersey has successfully implemented NJ Protect, a federally subsidized health insurance program for individuals with pre-existing health conditions. 

· New Jersey is in the final stages of modernizing our Medicaid and social service eligibility information systems, which will work with the federal exchange, through the Consolidated Assistance Support System (CASS). 

· In 2011, New Jersey was certified as operating an “Effective Rate Review Program” in all insurance markets. The certification meets a requirement of the Affordable Care Act and confirms that consumers are paying reasonable rates.

·The State of New Jersey worked with the Obama Administration to protect access to the state’s most affordable insurance coverage, “Basic and Essential” coverage utilized by approximately two-thirds of the 145,000 New Jerseyans covered by individual insurance in New Jersey, a coverage option threatened under the provisions of the Affordable Care Act.

· In October of 2012, New Jersey secured approval of our Comprehensive Medicaid Waiver in order to preserve New Jersey’s Medicaid program for the most vulnerable. The waiver allows the Christie Administration to move forward with bold, innovative reforms to decrease the cost of care, improve quality and delivery through integrated, managed care, and offer premium payment assistance for needy families. Read More Here

         

·       Previously, Governor Christie declined to establish a state run exchange citing the many critical, open policy questions before states – even as federally imposed deadlines loomed to make far-reaching and significant decisions with respect to implementation of provision of the Affordable Care Act. View The Governors concerns detailed in his S-2135 Veto Message Here. 

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What Court? NLRB To Ignore Court Ruling

The National Labor Relations Board says it will continue to press forward in deciding new cases even in the wake of a ruling from the U.S. Court of Appeals for the D.C. Circuit that invalidated three recess appointments to the board in January 2012.

A three-judge panel from the federal appeals court ruled on Jan. 25 that President Obama’s recess appointments of Democrats Sharon Block and Richard Griffin and Republican Terence Flynn were invalid because they were not made during a true congressional recess. The ruling, if upheld, should nullify all rulings made since the president made the appointments. 

 “Considering the text, history and structure of the Constitution, these appointments were invalid from their inception,” the panel concluded. “Because the Board lacked a quorum of three members when it issued its decision in this case on Feb. 8 2012, its decision must be vacated.” 

But in a statement, NLRB Chairman Mark Gaston Pearce, a Democrat, said, the board will ignore the Court and continue to issue decisions. 

Nevertheless, pro-business groups cheered the ruling. Geoff Burr, Chairman of The Coalition for a Democratic Workplace (CDW) said, “The president’s decision to bypass the U.S. Senate and appoint pro-union activist members to the NLRB was a political, partisan act that had to be challenged.” 

The CDW is a coalition of business organizations that include IEC (Independent Electrical Contractors) and ABC (Associated Builders and Contractors)  that legally challenged the recess appointments. The ruling “will invalidate decisions unlawfully made over the past year by the NLRB and allow them to be heard by an unbiased panel,”  Burr said. Read More

Although he often talks as if Congress is an inconvenient distraction, the president has been reminded that he does not reign supreme and must actually share power with the legislature. The decision throws into doubt the validity of a slew of egregiously pro-union decisions by the board. Read more 

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N.J. Democrats Fear A Christie Landslide Could Sweep Away Their Control of States Legislative

Gov. Chris Christie’s popularity is showing no signs of declining, Democrats in New Jersey are worried about more than just their uphill struggle in their quest to win the State House. They are concerned about what is shaping up to be a blowout at the top of the ticket in November. It is no wonder Democrats want to do all they can to minimize the damage by concentrating on retaining majorities in the States Senate and Assembly. Christie's approval rating was 74 percent in the latest Quinnipiac University poll. Democrats worry that Christie’s coat tails have the potential to sweep the Senate and possibly even the Assembly out from under them.  Read More

We wonder if that would really be a bad thing for the Citizens of New Jersey. Under this Democrat controlled Legislature and former Governor Corzine, taxes were raised on New Jersey's Taxpayers over 130 times. When Chris Christie took office the State was only a few months from insolvency. Chris Christie and his team have worked tirelessly since he took office to balance the budget without increasing taxes. He is currently the only one standing between New Jersey's already overburdened taxpayers and  the return to this Democrat controlled Legislatures penchant for tax increases and budget deficits.  

Meanwhile Democratic candidate Barbara Buono is the only Democrat Currently declared as running for Governor after State Senator Richard Cody and Newark Mayor Cory Booker both indicated they will not run. Buono has garnered an endorsement from the Ocean County Democrat organization. Buono has also been endorsed by the Democratic Party organizations in Somerset  and Monmouth counties. Democrats in Middlesex County, and Sussex County Democratic Chairman have informally pledged their support. If she wins her party's nomination, she would face an uphill battle against Chris Christie in November. Read More

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Court Rules Obama's NLRB Recess Appointments Were Unconstitutional

A federal appeals court has ruled that President Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel. The U.S. Court of Appeals for the D.C. Circuit says Obama did not have the power to make recess appointments earlier this year to the National Labor Relations Board.

Obama claims he acted properly because the Senate was away for the holidays. But the court says the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called "pro forma" sessions. 

GOP lawmakers used the tactic specifically to prevent Obama from using his recess power to fill vacancies in an agency they claimed was too pro-union.

It is expected that the Obama administration will appeal the decision to the Supreme Court, stay tuned. Read More Here

We have known from the beginning that the action was not legitimate but as always it takes a court to decide these things definitively  The big question is, if upheld, will the rulings that those illegitimate appointees made be thrown out? 

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Cardinale Urges NJ Assembly to Prevent PLA Expansion, Cost Increases

The following is an excerpt from an editorial by Senator Gerald Cardinale (R-Bergen) published in the Bergen Record urging the State Assembly to vote against a costly and destructive expansion of Project Labor Agreements. 

On January 14 many of my colleagues and I voted against S2425, an expansion of project labor agreements, which allow elected officials to funnel more public projects to labor unions of their choice. Both the motivation and consequences of this bill are equally destructive Sandy recovery efforts. Senate Democrats called a vote on this measure because Governor Christie recently received a labor union endorsement that they felt entitled to, and that union justly opposes this bill. 

I oppose this bill because it tilts the playing field in favor of 14 percent of the workforce that is unionized and against 86 percent of non-unionized workers struggling in the aftermath of the Great Recession and Super Storm Sandy.

It is appalling that this is the only Sandy recovery bill that the Senate Democrats posted for a vote. Ironically, it increases the cost of recovery projects; it is a direct burden to Sandy victims, New Jersey families and their communities. Plus, the added cost of PLAs may eliminate other necessary public projects and the jobs that they create. 

The public is gravely misled by legislative Democrats, who deny political motivations and refuse to acknowledge even the possibility that PLAs make projects more expensive.

The fact is that PLAs increase the cost of construction projects by between 10 and 35 percent, a recent state Department of Labor report determined increases at 30.5 percent. Even former Gov. Jon Corzine’s Labor Department, reported PLAs hike project costs by as much as 34 percent.

This Legislature should not make it more expensive and burdensome for our overtaxed residents to recover from Sandy. I urge Assembly members to consider common sense above politics and vote no on this bill. See full Editorial published in the Bergen Record Here

Read Full Text of S2425 Here 

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