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Articles Small Business Health Plan Legislation Stalls in Senate In a major blow for small businesses nationwide, the U.S. Senate May 11 failed to approve a procedural motion to bring the Health Insurance Marketplace Modernization and Affordability Act of 2005 (S. 1955) to the floor for a vote. S.1955 would provide millions of uninsured Americans with access to quality, affordable health care by allowing small businesses to pool their risks with those of similar businesses to purchase health insurance at more competitive rates. “It is disgraceful that a minority of U.S. senators managed to block an opportunity to address the health insurance crisis facing the largest portion of America's uninsuredthe millions of men, women and children who depend on small businesses for affordable health insurance," said Kirk Pickerel, ABC president and CEO. “Many of the senators who blocked a procedural motion preventing an up or down vote on S. 1955 often say they support small businesses. However, their disruptive use of Senate rules to block this legislation, favored by a clear majority of senators, demonstrates otherwise,” said Pickerel. On May 11, ABC members and chapter presidents from across the country joined ABC National staff at a Capitol Hill rally organized by the Senate Health, Education, Labor and Pensions (HELP) Committee to call on Senators to support S. 1955. Led by HELP Committee Chairman Michael Enzi (R-Wyo.), the bipartisan rally included Sens. Ben Nelson (D-Neb.), Conrad Burns (R-Mont.), Jim Talent (R-Mo.), Wayne Allard (R-Colo.) and Richard Burr (R-N.C.), as well as representatives from a number of leading business groups. Following the rally, ABC delivered its grassroots responses from across the country to Senate offices. “Although this is a hard loss for the moment, this effort is far from over,” said Joe Rossmann, ABC vice president of fringe benefits. “S. 1955 has the strong support of Chairman Enzi, who is dedicated to making sure that this important legislation is brought to the Senate floor for an up or down vote. “In the meantime, it is vital that ABC members attending the upcoming Legislative Conference in Washington, D.C., visit their senators and ask them why S. 1955 was not allowed to be debated on the Senate floor,” said Rossmann. “ABC will continue to fight for the quality, affordable health care options that America’s small businesses need and deserve.” For more information, contact Joe Rossmann at ABC, rossmann@abc.org. Empire State ABC Member Celebrates HUGE NLRB Victory Five years after appealing the Administrative Law Judge's decision in the Tambe Electric, Inc. v. International Brotherhood of Electrical Workers, Local Union #86 case, which found Tambe Electric had violated the National Labor Relations Act by refusing to consider and hire a number of union applicants for employment, the National Labor Relations Board issued a decision dated January 31, 2006 (346 NLRB No. 39) which reversed the decision of the Administrative Law Judge and dismissed the entire complaint against Tambe Electric. The Board found the ALJ applied an incorrect definition to the term "journeyman," which resulted in the Judge reaching a number of erroneous conclusions in his decision. Furthermore, and most importantly for other ABC members, the Board specifically approved Tambe Electric's preference for hiring entry-level applicants over more experienced applicants, particularly entry-level applicants who were eligible for participation in the State apprenticeship program. With respect to employees who were hired as journeymen, the Board also specifically approved Tambe Electric's policy of giving preference to former employees, and applicants who had recommendations from current employees, Company family members or businesses acquaintances of the owners. This is a huge victory for merit shop contractors, not only here in NY state but nationwide. The NLRB has now agreed with the argument that contractors are entitled to rely on a legitimate preference for entry-level employees (and to reject "over qualified" union salts). The Board also reaffirmed that contractors can give preference to former employees and those applicants who are recommended by current employees, family members, or business acquaintances. Interestingly, this decision was issued by a three-member panel of the Board, without participation by either of the two recent recess appointments. The decision was unanimous, however, with even Member Liebman agreeing that the complaint should be dismissed. With financial support from CLRF, ABC filed an amicus curiae with the Board in support of Tambe Electric. We are pleased that the ultimate decision substantiates employer’s rights in the hiring process. Congratulations to David Lippitt, who represented Tambe before the Board. Congratulations also to Mike Tambe, President of Tambe Electric, for his perseverance and dedication to fighting, and ultimately prevailing, over this clear injustice perpetrated by the IBEW. For more information: http://www.abcnys.org/meritmessenger/021706MERITMESSENGER.pdf ABC Exhibits and Conducts Educational Seminar at the 86th Annual NYS School Board Convention ABC was one of two hundred exhibitors at the 2005 NYS School Board Convention held in Rochester, NY. Several hundred visitors passed through the exhibit hall and stopped at the ABC booth, perusing information on construction training, literature on ABC legal and political points of view, as well as materials on ABC membership benefits and services. By far, the highlight of the convention was the seminar conducted by our own Penny Hazer, Chip Jones, Rebecca Meinking and Scott Zylka. With standing room only, this team of 'experienced actors' presented an interesting and highly entertaining skit of a school board considering whether or not to employ a PLA on an upcoming school construction project. After the skit, this team answered some tough questions from members of the audience on issues regarding PLA costs, tactics, and implications of PLA's on state and federal laws Need to meet local apprentice requirement laws? Need to meet local apprentice requirement laws? Need to apply for a NYS Department of Labor Apprentice Program?? Looking for Operator and Laborer Apprentice Classes? Associated Builders and Contractors, Empire State Chapter, is the apprentice classroom training source for merit shop contractors. ABC provides apprentice classroom training in many trades for employees and apprentice application assistance for owners. Operator and Laborer classes now forming. ABC's Apprentice Program Hotline - 1-800-477-7743 - It's time to Join ABC! Click here for more information! Want to help the victims of Hurricane Katrina? ABC - Empire State Chapter and our member's thoughts and prayers go out to those affected by Hurricane Katrina. This storm had a devastating effect on the people in Louisiana, Mississippi and Alabama. Rebuilding the lives of those affected will be a long arduous task. It will be trained, qualified construction workers, and related professionals that will help to rebuild the lives and businesses that have been devastated by this terrible tragedy. ABC National has already reached out to the communities involved. The Federal Emergency Management Agency lists these organizations for those seeking to assist victims of Hurricane Katrina:
President George W. Bush speaks to ABC at the 2005 Legislative Conf. Click here to download a brochure summarizing the event! |
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