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Executive Order on Scaling and Expanding the Use of Registered Apprenticeships in Industries and the Federal Government and Promoting Labor-Management Forums

Posted by National Alliance for Fair Contracting on

White House
March 6, 2024

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Policy.  My Administration’s Investing in America agenda includes a once-in-a-generation investment in our Nation’s infrastructure.  This agenda is also driving the creation of well-paying jobs and growing the economy sustainably and equitably, and it will continue to do so for decades to come.  To fully realize the benefits of these investments, students and workers at all stages of life need equitable access to education and training for the good jobs in their communities.

Critical to achieving these goals is promoting Registered Apprenticeships, as described in title 29, parts 29 and 30, of the Code of Federal Regulations, which provide substantial benefits to both workers and employers.  As the Nation’s largest employer and procurer of goods and services, the Federal Government can be a model for the use and promotion of skills-based hiring, such as the use of Registered Apprenticeships, which reduces barriers to employment and attracts a diverse workforce to meet our Nation’s critical needs.  My Administration has made strengthening and empowering the Federal workforce a management priority.  As a part of its overall strategy to hire, retain, and develop the people needed to accomplish executive department and agency (agency) missions and to create equitable, transparent, and transferable career-development pathways, the Federal Government can scale and expand Registered Apprenticeship programs to modernize and broaden avenues to Federal jobs, thereby improving access to opportunities for underserved workers.

Additionally, Labor-Management Forums provide an opportunity for managers, employees, and employees’ union representatives to discuss how Federal Government operations can promote satisfactory labor relations and improve the productivity and effectiveness of the Federal Government.  Labor-Management Forums, as complements to the existing collective bargaining process, allow managers and employees to collaborate in order to continue to deliver the highest quality goods and services to the American people.

It is the policy of my Administration to promote Registered Apprenticeships to meet employer needs while investing in workers’ skills; reducing employment barriers; and promoting job quality, equity, inclusion, and accessibility for the benefit of the Federal Government and the Nation.  Further, it is the policy of my Administration to establish cooperative and productive labor-management relations throughout the executive branch.

(See Full Executive Order)

NAFC’s Board of Directors’ Elects New NAFC President and Chairman

Posted by National Alliance for Fair Contracting on

NAFC is pleased to announce that its Board of Directors has elected Board
Member Ernesto (“Ernie”) J. Ordonez as its new Chairman and President. Ernie
succeeds Rocco Davis, retired Vice President of LIUNA. Ernie is a LIUNA Vice
President and Regional Manager of its Pacific Southwest Region covering the
states of California, Hawaii, Arizona. Ernie is a 2006 graduate of the Harvard Trade
Union Program. He is a second generation Laborer, becoming a member of
LIUNA Local 89 in San Diego, CA upon his graduation from high school .
During his career, Ernie has worked as a Laborer, Laborer Foreman, Recording
Secretary and Field Representative for Local 89, International Representative and
Assistant Regional Manager for the LIUNA Pacific Southwest Region before
assuming his position as Regional Manager.

NAFC welcomes Ernie to his new position and extends heartfelt thanks to retiring
Chairman and President Rocco Davis for his years of dedication and service to
NAFC, its members and to the entire labor movement.

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How solar contractors can meet IRA apprenticeship requirements

Posted by National Alliance for Fair Contracting on

Kelsey Misbrener
October 30, 2023

The solar workforce is changing because of IRA apprenticeship and prevailing wage requirements that went into effect in January. Contractors that haven’t yet made a long-term recruitment plan have a few options available to help them do so.

To collect the full 30% ITC for projects 1 MWAC and larger, contractors with four or more workers on a jobsite must employ apprentices for a certain percentage of labor-hours and pay prevailing wages to all workers. For projects starting in 2023, registered apprentices must make up 12.5% of the on-site labor during the construction phase. That number increases to 15% for projects that start construction in 2024 and after.

Since this is a new initiative for the clean energy industry, the Dept. of Labor (DOL) is working with a few partners to coach and acclimate contractors to the country’s well-established apprenticeship system.

The Interstate Renewable Energy Council (IREC) was contracted by the DOL to lead the Apprenticeships in Clean Energy (ACE) Network, a national coalition of industry, education and workforce development leaders working to create, expand and diversify Registered Apprenticeship opportunities in the clean energy industry.

“The intermediaries can help understand what that process of registering a program is, what the requirements are, navigate that process, and also navigate where additional funding may be available to support programs,” said Richard Lawrence, program director at IREC.

IREC is specifically tasked with recruiting more veterans into the clean energy industry. Veterans in Registered Apprenticeship programs can access a monthly housing allowance benefit through the GI Bill, making apprenticeships appealing for this population. IREC is also working to bring other diverse workers into the industry who may not have access to green employment without an apprenticeship program.

“Being an ‘earn-while-you-learn’ model, as they say, is a great way to attract diverse candidates. You remove a lot of the barriers that are associated with similar pathways, like getting a college degree, where you’re having to often pay for those courses up-front,” Lawrence said.

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Illinois joins lengthening list of states outlawing wage theft

Posted by National Alliance for Fair Contracting on

October 30, 2023

By an overwhelming legislative majority Illinois has joined the lengthening list of states to outlaw wage theft.

The measure, signed by Democratic Gov. J.B. Pritzker in September, shows again the importance of state-level lawmakers and governors to workers.

That can be both positive and negative. The nation is increasingly politically polarized. In “Blue States,” such as Illinois, New York, California, and, this year, Michigan and Minnesota, elected officials respond to workers’ support with worker protection legislation unlikely to make it through Capitol Hill.

But in often gerrymandered and/or racially polarized “Red States” – such as Texas and Florida and other Southern and lightly populated Great Plains states – right-wing radicals, funded by corporate special interests, enact and enforce worker suppression and voter suppression legislation, often at the same time.

Illinois’ wage theft bill, HB1122, was one of the top priorities of the state AFL-CIO. The Illinois House passed it 68 to 38 and the state Senate agreed 35 to 20. It takes effect next July 1.

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New regs impact government construction contracting

Posted by National Alliance for Fair Contracting on

New England Biz Law Update staff
October 31, 2023

The the U.S. Department of Labor has issued a final rule updating regulations that implement the Davis-Bacon and Related Acts (DBRA).

The DBRA requires contractors and subcontractors on federally funded construction projects to pay their workers at least the prevailing wage rates for the locality in which the work is being performed. The final rule is the first comprehensive update to the Davis-Bacon regulations in over 40 years.

The rule includes a number of changes, including:

Restoring the 30% rule. The final rule restores the DOL’s definition of prevailing wage that was used until the Reagan Administration. Under this three-step process, the prevailing wage is that which is paid to a majority of workers in the classification. If no majority exists, then the prevailing wage is the rate paid to at least 30% of workers. If no rate is paid to at least 30%, then a weighted average will be used. (Previously, the average was used if a prevailing wage was not paid to 50% of workers.)

Adopting wage escalators. The final rule allows the DOL to more frequently update prevailing wage rates. Rather than hinging on DOL wage surveys, periodic updates will now be based on total compensation data from the Bureau of Labor Statistics Employment Cost Index, which tracks both wages and benefits. Rate updates will occur every three years, at most.

Strengthening worker protection and enforcement rights. The final rule includes new anti-retaliation provisions to protect workers. The rule also strengthens the DOL’s ability to withhold money from federal contractors in order to pay employees their lost wages.

Providing greater clarity. The rule updates a number of definitions that affect applicability. For example, “building or work” now includes solar panels, wind turbines, broadband installation, and the installation of electric car chargers. Other changes affect who is considered a “material supplier” or a “prime contractor.”

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Framingham construction company fined nearly $1 million for wage theft

Posted by National Alliance for Fair Contracting on

Eric Casey
November 2, 2023

PI Construction Management, a Framingham-based company, has been fined $926,898 by the Massachusetts Office of the Attorney General for violations of the Massachusetts False Claims Acts.

The violation stems from the failure of a BPI subcontractor, Superior Carpentry of Framingham, to pay prevailing wages to employees working on two public construction projects in Westport and Middleborough. This led to a complaint against the company being filed in December 2021, according to a press release released by AG’s office on Wednesday.

The fine was the result of litigation between BPI and the attorney general’s office, in which BPI argued that they were relying on the accuracy of the forms submitted by Superior. BPI denied any knowledge of the fraud being committed by Superior, according to the release, but admitted that it did not take steps to ensure that the payroll information was accurate.

This is the first case under the False Claims Act that affirms that contractors are liable for facilitating misconduct by subcontractors, according to the press release.

The AG’s office estimated that workers on the project were underpaid by a combined total of $256,539.

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