NATIONAL 
ABC Applauds Final Passage of Tax Relief Package (12-17-10)

Washington, D.C. – Associated Builders and Contractors (ABC) today applauded final passage of the Middle Class Tax Relief Act of 2010 (H.R. 4853), that now heads to the White House for the president’s signature:

“Many provisions in this bill, including those to extend lower tax rates to all Americans and establish a path for full repeal of the estate tax, are a good first step to help construction contractors recover from the recession and plan for the future,” said Associated Builders and Contractors Vice President of Federal Affairs Geoff Burr.

“ABC supports the investment incentives in the bill, specifically the extension of bonus depreciation and extension of Section 179 expensing,” said Burr. “These provisions will spur investment in equipment and encourage investment in a business.

“Family-owned small businesses are the backbone of the economy and give Americans a sense of pride and accomplishment in our country,” said Burr. “In the construction industry, they provide valuable jobs and play an integral role in building communities. ABC believes that these family businesses are worth saving now and for future generations.”


SUPREME COURT RULES NLRB CANNOT DECIDE CASES WITH ONLY TWO MEMBERS (06/23/2010)

The U.S. Supreme Court June 17 ruled that the National Labor Relations Board (NLRB) was not authorized to issue decisions during a 27-month period when three of its five seats were vacant, invalidating more than 500 decisions.   

The 5-4 decision by the Supreme Court resolved a series of conflicting appellate court opinions by clarifying what constitutes a quorum on the board.  According to the court opinion, the NLRB must have at least three members in order to issue decisions.  

“The Supreme Court’s decision is embarrassing for the Administration because of the failure to fill the Board’s empty seats for such a long period of time,” said Maurice Baskin of Venable LLP, ABC’s general counsel. “This resulted in cases being decided, mostly against employers, without legal basis.”  

The ruling did not dictate how the NLRB should handle the previously decided two-member cases. The NLRB will have to decide which cases need to be revisited and what procedures should be adopted to comply with the Supreme Court’s decision.  

The U.S. Senate June 22 confirmed two of President Obama’s nominees to the NLRB, Brian Hayes and Mark Pearce, bringing the total number of NLRB members to the full complement of five for the first time in more than two years. The full membership may not last long, however, as Peter Schaumber’s term expires in August and Craig Becker’s recess appointment expires in 2011.



ABC Criticizes Financial Reform Bill; Applauds Bipartisan Amendment
(05-21-10)

ABC today released the following statement criticizing the passage of the Restoring American Financial Stability Act of 2010 (S. 3217), while applauding a bi-partisan amendment to the bill, requiring that small businesses would be active participants in a new Bureau of Consumer Financial Protection’s (CFPB) regulatory process.

“ABC has voiced strong opposition to the financial reform bill because it creates a Bureau of Consumer Financial Protection with new regulations, enforcement authority and supervisory requirements, adding to the already formidable federal government bureaucracy,” said Geoff Burr, ABC vice president of federal affairs. “This is the last thing small businesses and our struggling economy need. The language creating this new ‘independent’ federal agency is vague as to how many and which small business industries and entities will be regulated under this new bureaucracy.

“We are pleased that the Snowe/Pryor amendment ensures that this new agency cannot regulate with carte blanche authority. At a minimum, small businesses will now have a seat at the table. The amendment also provides for much-needed transparency within the regulatory process,” said Burr. (May 19 letter in support of Snowe/Pryor amendment)

“Rulemakings by federal agencies and the CFPB have the potential to cause severe restrictions in credit and effectively harm small business job creation and economic growth. According to the Small Business Administration’s Office of Advocacy, the annual cost of federal regulations totals $1.1 trillion. Small firms bear a disproportionate burden, paying approximately 45 percent more per employee in annual regulatory compliance costs than larger firms,” Burr said.