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Winter
Conference Exhibitor Invitations Have Been Mailed
If
you plan to be an exhibitor during the OCA Winter Conference on December 7,
you will want to watch your mail. The invitations have been sent earlier
this week. Sponsorships are also available for exhibitors. If you plan to
attend the conference or to be a sponsor, but not exhibit, invitations will
be coming out in a few weeks. Contact Emily Pickens ([email protected]g)
if you did not receive an invitation and we will be happy to e-mail one to
you.
Second Request - Please Respond:
Member Labor Relations Survey
OCA’s Labor Relations
Division is in need of information regarding certain types of remote
controlled equipment. We are asking our contractor members to please
respond to the following survey. Please click here to view and print the survey.
Important Press Release
- Ohio BWC
Click here to view an important press release regarding the
Ohio Bureau of Workers Comp and their new prospective billing
process. Please forward this information to the appropriate person or
persons in your organization who are responsible for payment of your Ohio
workers compensation premiums. In the process of switching over to
prospective billing, there are some technical “glitches” to be expected.
The OCA will continue to keep you advised of any additional information
from the BWC regarding this new billing process. If you have any
questions, please contact OCA’s Care Works Comp representative, Andy Frank
at the toll free number listed at the bottom of the press release, or contact
Mark Potnick in the OCA office.
EPA To Hold Sept. 16 Webinar on Modeling
Tool for Beneficial Use of Industrial Materials in Roadways and Structural
Fill
The
U.S. Environmental Protection Agency (EPA) released a new rule on the
disposal of coal combustion residuals in Dec. 2014 and also identified
necessary criteria for appropriate beneficial use of those materials.
An important criteria for “unencapsulated” uses, such as fill, is to evaluate
potential contamination to ground water. (See Observer Issue No. 1-15.) EPA developed the Industrial Waste Management
Evaluation Model (IWEM) to help with these evaluations and will hold a
webinar on Sept. 16, 2015, to demonstrate how to use the tool.
The IWEM helps evaluate impacts on
groundwater from industrial waste management practices and the beneficial
use of industrial materials. EPA recently updated the model (v3.1) to
expand its scope and usability, helping users evaluate the environmental
appropriateness of beneficially using industrial materials in roadways and
structural fills. The Sept. 16 webinar will demonstrate how to use
the IWEM v3.1 model to evaluate potential impacts to ground water in
structural fill and roadway applications. The webinar will also
provide helpful tips and Q&A on IWEM v3.1 in general.
Date: Wed, Sep 16, 2015
Time: 1:00 PM - 2:00 PM EDT
Webinar Speaker: Taetaye Shimeles, Environmental Engineer, Office of
Resource Conservation and Recovery (ORCR), U.S. Environmental Protection
Agency
Registration Link
For more information on
this webinar, please contact EPA directly, either Rita Chow at (703) 308-6158
([email protected]) or Chris Carusiello at (703)
308-8757 ([email protected]).
NLRB Expands
Definition of "Joint Employer"
The National Labor Relations Board (NLRB or
the Board) issued a disappointing but anticipated decision on Thursday,
August 27, 2015 that relaxes the standard for determining when two
companies constitute “joint employers” under the National Labor Relations
Act.
OCA’s
national affiliate, AGC submitted a joint amicus brief with other employer
groups in the case last year. The brief urged the NLRB to maintain the
current standard, under which separate entities are considered joint
employers only if they share direct control over, or co-determine,
essential terms and conditions of employment. The brief also urged the
Board to refrain from relaxing the standard to the point where indirect or
potential control would be enough.
Consistent with the
current Board’s penchant for expanding employer liability, the NLRB revised
the standard to require consideration of whether an employer has exercised
indirect control over terms and conditions of employment through an
intermediary, or reserved the right to do so.
The question in the
case, Browning-Ferris
Industries (BFI) of California, Inc., was whether BFI and a
company it used to supply labor are joint employers of the supplied
workers or whether
the labor supplier is the sole employer. Companies that are joint employers
may be held jointly responsible for any unfair labor practices and
collective
bargaining
obligations related to the workers. The Board concluded that the two companies
were indeed joint employers based on its findings of indirect and direct
control that BFI possessed over essential terms and conditions of
employment of the
supplied workers as
well as BFI’s reserved authority to control such terms and conditions.
OCA
will provide additional guidance to its members once further legal analysis
of the case is conducted and available. An appeal is expected but not
certain at this time.
Highway/Transit Bill Will Fight
Crowded Schedule
Members
of Congress return to Washington, D.C., next week to face a lengthy “must
do” list that includes a multi-year reauthorization of the federal highway,
public transportation and aviation programs.
Before taking a five-week summer recess, the Senate approved a six-year
surface transportation program reauthorization bill that would increase
highway investment to $48 billion (a 20 percent bump) and transit funding
to $13.4 billion (a 25 percent boost) by FY 2021. With time running out
before the latest program extension was set to expire July 31, the two
chambers opted for another short-term extension through Oct. 29. The
House Transportation & Infrastructure Committee is expected to act on
its version of a multi-year bill in mid-September, with full House
consideration anticipated shortly thereafter.
While the prospects for enactment of a long-term highway/transit bill are
more positive than at any point since a five-year reauthorization measure
was approved in 2005, a host of other issues and deadlines are expected to
complicate the legislative schedule for the remainder of the year. With the
2016 presidential primary contests as a backdrop, members of Congress will
over the coming months consider: the Obama Administration’s Iran nuclear
deal; legislation to fund the federal government—including the
transportation programs—before the new fiscal year begins Oct. 1, with a
number of Republican presidential candidates calling to shut down the
government to block funding for Planned Parenthood—a strategy Senate
Majority Leader Mitch McConnell (R-Ky.) recently said does not have
sufficient votes to succeed; reauthorization of the federal aviation
programs before Oct. 1 (an extension into 2016 is widely expected); an
increase in the federal debt limit some time in November or December; and
renewal of a host of expiring tax breaks before the end of the year.
To make a long story short, a surface transportation bill is definitely in
play, but in addition to its own complications (i.e., the Highway Trust
Fund’s permanent revenue deficit), it must compete with some very high
profile issues and similarly compelling deadlines.
To make sure the highway/transit bill was fresh in the minds of members of
Congress, the ARTBA co-chaired Transportation Construction Coalition (TCC)
spent the last two weeks running radio ads in congressional districts
across the country highlighting the need for a long-term bill this year.
ARTBA will continue to work with our TCC and general business
community partners to ensure the need to complete this legislation remains
high on the congressional agenda once lawmakers return to the nation’s
capital.
AGC Uses August Recess to Urge House to Take
Up Long-Term Transportation Bill
If You Haven’t Contacted Your Rep, There is Still Time!
Throughout
the month of August, AGC chapters and members have been visiting with their
Congressmen, urging them to pass a long-term, fully funded transportation
bill when they return to Washington in September. If you have not yet contacted your Congressman, now is the time to do
so.
The Senate
completed action on a six-year transportation bill before the August
recess, and the House has indicated that it will work on its version of a
bill when Congress reconvenes after Labor Day. AGC has heard reports that
the House Transportation and Infrastructure Committee will hold a
transportation hearing on Sept. 17, although this has not been made
official. With the current short-term extension of highway & transit
programs expiring at the end of October, it is important you continue to
pressure your Congressman to focus on passing a long-term bill and avoid
another short-term extension. Resources to help you schedule in-person
meetings can be found on the Hardhats
for Highway “Meet with Congress” page.
For more information, talking points and additional
social media materials, please visit Hardhats
for Highways or contact Brynn Huneke at [email protected] or (703)
837-5376.
Reminder: Hall of Fame
Nominations And Distinguished Service Award Nominations
Nominations are being accepted for the following
professionals:
·
Hall of Fame (contractor members)
·
Distinguished Service Award (associate members)
Requests for
nominations are solicited through chapter meetings and newsletters.
Nominated candidates must meet the following requirements before being
listed for election:
a)
Must have 20 years of service to the construction industry.
b)
Active with OCA at least 15 years, serving at least 15 years on OCA’s
statewide
committees.
c)
Candidates should have contributed significantly toward the stated goals and
purposes
of the Ohio Contractors Association.
Candidates
must be nominated by an OCA member. No more than two may be elected to the
Hall of Fame and one elected for the Distinguished Service Award each year.
A secret ballot will be used to select nominees. Deadline for nomination is
September 30, 2015.
Please
submit your nomination to Rachel Sirca at [email protected].
Reminder: Past
Presidents Service Award Nominations
The Past Presidents of OCA have established an annual
award, “The Past Presidents’ Service Award,” that stands for recognition of
outstanding service for or on behalf of OCA. Its purpose is to encourage
OCA members to contribute more service for the association throughout the
year and reward them for doing so.
The award includes
$500 to be shared equally by those elected, as well as a plaque, supplied
by the Past Presidents. Any candidate must be affiliated with an OCA member
in good standing. He or she must have contributed some extraordinary
service for the association during the year. Any, and every, OCA member is
eligible. OCA staff members are not eligible. Any OCA member may submit a
name to be considered.
All persons to be considered will be rated by all Past Chairpersons on a
scale of 1 to 5, with 5 being the highest rating. The person receiving the
most points will receive the award. OCA will be responsible for
distributing the names and resumes to the Past Chairpersons and collecting
and tabulating the ratings of the nominees. Deadline for nominations
is September 15, 2015.
Please
submit your nomination to Rachel Sirca at [email protected].
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