More than 80 ABC members and representatives Dec. 2 - 4 attended the 2009 ABC Attorneys Conference in Washington, D.C., to hear from Obama administration and agency officials, Capitol Hill staff, ABC national staff and labor law experts on the latest developments and insights impacting the merit shop construction industry.
During the luncheon session, the Hon. Wilma B. Liebman, chairman of the National Labor Relations Board (NLRB), told attendees that the agency is in a state of “uncertainty” because the nominations of three members of the five member board are being held up in the U.S. Senate.
However, Liebman made her judicial philosophy clear when she stated that the 1935 Wagner Act, or National Labor Relations Act, is a “living, breathing document.”
Bruce Cross, an attorney with Cross, Gunter, Witherspoon and Galchus and chairman of ABC’s Legislative Committee, along with Joseph E. “Jess” Sweere, with the same firm, led a session titled, “Anticipating the Impact of the new NLRB on Merit Shops,” where they discussed how an NLRB court would rule under a Democrat majority on cases such as salting, union rights, unfair labor practices and the definition of a supervisor.
Jordan Barab, acting deputy secretary of the Department of Labor’s Occupational Safety and Health Administration (OSHA), made it clear that OSHA has a mission with a single focus. “We are a regulatory enforcement agency, and we are going to act like one!” said Barab.
Barab listed a number of companies that were heavily fined for violations that resulted in the loss of worker lives, but denied that OSHA’s response was “based on tragedy.” However, he warned that the construction industry is being closely watched. “During these economic times, there are contractors out there that are cutting corners on safety, health and training,” said Barab.
Barab added that OSHA plans to hire 100 new inspectors, act to protect whistleblowers and increase diversity at the agency to mirror the composition of the construction workforce.
Edwin Foulke, a lawyer with Fisher and Phillips, led the session “The ‘New’ OSHA – A Management Attorney’s Perspective,” and told attendees that in light of OSHA’s stepped-up enforcement, companies will need to have their recordkeeping up to date.
In addition, Foulke encouraged companies to evaluate safety risks at worksites, especially in relation to multi-employer safety issues. “You can be held responsible for hazards created by your subcontractors, even if your employees were not involved in the project,” said Foulke.
For more information, contact Sean Thurman, Regulatory Affairs Manager, at
thurman@abc.org.