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
|
Tuesday, February 19, 2013
House GOP Leaders Urge President to Fix Broken NLRB
Monday, February 18, 2013
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.
Saturday, February 16, 2013
Governor Christie Opts For Federally Administered Health Exchange For NJ
Governor Christie
Outlines Path Forward to Best Maintain New
Jersey
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
· In December of 2012,
· New Jersey
· New Jersey
· In 2011, New Jersey
·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
· In October of 2012, New
Jersey secured approval of our Comprehensive Medicaid Waiver in
order to preserve New Jersey
· 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.
Tuesday, January 29, 2013
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
Monday, January 28, 2013
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
Friday, January 25, 2013
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.
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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?
Wednesday, January 23, 2013
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
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
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 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.
Monday, December 17, 2012
Legislation Would Require Standby Generators
Legislation Would Require Standby Generators for a Variety of Businesses and Facilities
The widespread power outages resulting from Hurricane Sandy crippled many businesses which serve the public by providing essential services. To prevent that situation from recurring, a number of bills have been introduced in the New Jersey legislature which would require a variety of private businesses and facilities to install standby generators.
The most comprehensive of the bills, called the New Jersey Residents’ Power Protection Act and designated as A-3495, requires that "facilities and businesses...which provide critical and unique services that are vital to public safety and economic recovery during times of widespread power loss due to a natural disaster or other catastrophic event...have secondary sources of power.” They include new grocery stores, gas stations; nursing homes, assisted living facilities, rehabilitation facilities; first aid, ambulance, and rescue squads; pharmacies; firehouses; and boarding houses. To offset the cost of implementation, the bill establishes a corporation business tax deduction and gross income tax deduction (maximum of $10,000), and a sales tax exemption, for the purchase of equipment.
A similar bill, designated as A-3064, would require installation and use of generators by specified eligible businesses, defined to encompass retail motor fuel dealers, motor fuel wholesalers, motor fuel terminal facilities, motor fuel refineries, and many of the facilities listed under A3495 The New Jersey Economic Development Authority would be required to offer low-interest loans to these businesses to facilitate acquisition and installation of generators.
A number of other pending bills apply to only specific facilities and businesses:
- Grocery and convenience stores (newly constructed stores only) (A-3486 and S-2357);
- Gas stations (existing and newly constructed stations) (A-3473 and S-3484, also A-3563 and S-2361);
- Senior housing and/or disabled housing (newly constructed only) (A-1632 and S-402, also S-2372);
- Senior residential multiple dwellings (existing and newly constructed) (A-3569);
- Retirement community (existing and newly constructed) (A-3479 and S-2341);
- Assisted living residences and certain other licensed residential health care facilities (existing and newly constructed) (A-2860, A-3514).
Monday, November 12, 2012
Newark passes ban on pre-employment criminal background checks
Employers beware:
Newark
The City of Newark has passed municipal ordinance that limits background checks on potential employees, The City joins more
than 40 other municipalities around the country in limiting an employer's right to inquire into a
job applicant's criminal history.
The Law prohibits criminal background checks before extending an offer offer of
employment, the Ordinance limits the criminal background information about
which an employer may inquire and that an employer may use in making a hiring
decision.
This
limitation on employer hiring practices has been referred to as the "ban
the box" movement and has been gaining momentum nationwide. Newark's Ordinance is one of the most expansive and one of
just two "ban the box" ordinances to cover
nearly all private employers doing business in the city.
Covered
"Employers"
The
Ordinance applies to any "employer" that "does business, employs
persons, or takes applications for employment within the City of Newark" and has
at least five employees. The Ordinance includes job placement, referral
agencies, and "other employment agencies" within the meaning of
"employer."
The law is scheduled to become effective November 18, 2012. Read More Here
Thursday, November 8, 2012
Senate President Proposes Mandate On Gas Stations
Senate President Steve Sweeney says NJ must learn lessons from Super Storm Sandy.
Gas stations without electricity or fuel are just the beginning of the issues that need to be addressed following the Super Storm Sandy. Sweeney says he’s working in a bi-partisan fashion with Senate Republican Leader Tom Kean Jr. to figure out what New Jersey can and must do.
He explains, “There were seniors trapped 30 floors up because the elevators were out (due to power loss)…….My brother is the head of an emergency room in central New Jersey and he told me (some) places that provide kidney dialysis (have) no back-up generators.”
Sweeney says, “We can do something about this stuff. We absolutely can do something and we’re going to.”
Although we have not yet seen legislation introduced in the Senate or Assembly, the Senate President claims to have had a bill in place long before Sandy struck that would require gas stations to have back-up generators. In a typical reactive manor that so often sums up our Legislators actions in Trenton, He is now hoping to have that legislation passed. He also claims to be working with Senate Minority Leader Tom Kean Jr. to usher through measures requiring back-up power in every location where it’s necessary.
“Another thing we’re going to do is we’re going to have a hearing in the near future and we’re going to bring in the utilities,” says Sweeney. “There have been a lot of lessons learned and the one thing you don’t do is exactly what you've always done which is put it back the way it was.”
Electrical Contractors would not oppose the Generator measures, However, as Electrical Contractors we have rarely been supportive of measures from Government that impose their will on us. That especially applies to measures that impose added costs to doing business. In regard to the Fuel Stations we do not believe this will be accomplished without opposition from the Independent Fuel Oil Distributors and Service Station Owners who would be forced to bear additional costs to their businesses.
Electrical Contractors would move to make sure that language was included in the bill that would reiterate existing law that ONLY Licensed Electrical Contractors can install the electric wiring associated with Stand By Generators. This would not only protect the interests of Electrical Contractors it would protect the Safety of the General Public.
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