Kristen Swearingen | Construction Executive https://constructionexec.com The Magazine for the Business of Construction Thu, 18 Jun 2026 15:28:22 +0000 en-US hourly 1 https://constructionexec.com/wp-content/uploads/2025/10/CE_Fav_Green_512x512-1-150x150.png Kristen Swearingen | Construction Executive https://constructionexec.com 32 32 251514335 Arbitration Nation: Opposing the FLCA https://constructionexec.com/article/arbitration-nation-opposing-the-flca/?utm_source=rss&utm_medium=rss&utm_campaign=arbitration-nation-opposing-the-flca Thu, 18 Jun 2026 17:00:00 +0000 https://constructionexec.com/?p=65564 Proposed legislation would let federally appointed arbitrators impose binding private-sector labor contracts if unions and employers fail to reach agreement within accelerated timelines.

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On April 20, 2026, Rep. Donald Norcross (D-NJ) filed a discharge petition in the House of Representatives to bring the Faster Labor Contracts Act directly to the House floor—bypassing committee markup and regular order. He secured the 218 signatures required to advance the legislation, including seven Republicans. A floor vote is expected in early June, where the bill would need a simple majority to pass. So, what exactly is the Faster Labor Contracts Act?

The FLCA was introduced by Rep. Pete Stauber (R-MN) in the House and Senators Cory Booker (D-NJ) and Josh Hawley (R-MO) in the Senate. The bill would allow federal government-appointed arbitrators to set the terms of first contracts between unions and employers if the parties fail to reach a voluntary agreement within strict, short timeframes.

The FLCA mirrors deeply flawed provisions found in the radical Protecting the Right to Organize Act and the discredited Employee Free Choice Act both of which Congress previously rejected for good reason. Specifically, the FLCA would:

  • Impose unrealistic, arbitrary deadlines requiring employers and newly formed unions to reach first-contract agreements on an accelerated timeline that ignores the complexity of real workplace negotiations.
  • Require mediation via an obscure government agency—the Federal Mediation and Conciliation Service, which the Trump administration is actively trying to eliminate and which has no experience mediating private sector employment contracts.
  • Mandate binding interest arbitration if an agreement is not reached in just 120 days, handing unprecedented authority to federal bureaucrats and undermining the foundational principle of voluntary agreement in U.S. labor and contract law.
  • Allow government arbitrators with no knowledge of the industry or business to set a contract dictating employment terms, including wages, benefits, workplace safety procedures and leave policies—areas that should be determined by the parties closest to the workplace, not government appointees. Arbitrators would have the ability to impose any terms they wish, with no requirement that they consider the employer’s ability to handle the contract terms imposed. The contract would be binding for two years.
  • Strip workers and businesses of any meaningful recourse. If either party disagrees with the arbitrator’s decision, they have no avenue for appeal. Workers would not even have the right to ratify the contract imposed upon them.

Big picture, the FLCA represents an unprecedented expansion of federal authority into private-sector employment relationships. Never before has the U.S. government been empowered to unilaterally dictate the terms and conditions of employment in the private sector. This legislation does not protect workers—it strips them of their voice.

SEE ALSO: ABC OPPOSES THE EGREGIOUS FASTER LABOR CONTRACTS ACT

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Data Center Debate: The Effect of the Ratepayer Protection Pledge https://constructionexec.com/article/data-center-debate-the-effect-of-the-ratepayer-protection-pledge/?utm_source=rss&utm_medium=rss&utm_campaign=data-center-debate-the-effect-of-the-ratepayer-protection-pledge Fri, 27 Mar 2026 16:00:00 +0000 https://constructionexec.com/?p=64560 AI demand is fueling a surge in data center construction—and attracting growing scrutiny from lawmakers over power, costs and labor policy.

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As the AI boom continues, new data from Associated Builders and Contractors shows that one in eight ABC members are building the data centers powering some of the most transformative products in America. But as their popularity skyrockets, so do local concerns and political scrutiny—making the issue likely to be top of mind for voters heading to the polls in November.

In a December 2025 video, Sen. Bernie Sanders, D-Vt., called for a national moratorium on data center construction to “give democracy a chance to catch up and ensure that the benefits of these technologies work for all of us, not just the wealthiest people on Earth.” He was referring to individuals such as Jeff Bezos and Elon Musk, who are investing billions in the AI race.

Sens. Josh Hawley, R-Mo., and Richard Blumenthal, D-Conn., introduced legislation this month that would mandate all data centers supply their own power with off-grid sources. Most important for merit shop contractors, the bill includes a provision mandating the use of project labor agreements in power source construction. This legislation represents another attempt to steer construction projects toward union-only contractors—a scheme that would cut out 98% of the industry from bidding on these jobs.

In 2026, more than 300 bills related to data center construction have already been filed in 30 states. New York, South Dakota and Oklahoma have followed Sanders’ lead by introducing moratorium bills to pause construction while studying data centers’ impact on utilities, the environment and local communities.

Polling on data centers in the United States shows electricity is the top concern for Americans. According to a Politico poll, respondents ranked higher electricity prices and the risk of blackouts as their leading concerns about data centers—above fears of job losses or costs to taxpayers.

On March 4, 2026, in an effort to ensure the data center boom helps address affordability concerns, U.S. tech leaders joined President Donald Trump at the White House to sign the Ratepayer Protection Pledge. Under the pledge, companies including Amazon, Google, Meta, Microsoft, OpenAI, Oracle and xAI agreed to build, bring or buy new generation resources and cover the cost of power delivery infrastructure upgrades required for their data centers—ensuring those expenses are not passed on to American households.

As policymakers focus on affordability ahead of the 2026 midterm elections, ABC will continue its work to preserve fair and open competition so all qualified contractors can help build this infrastructure. If data center construction continues to create competition for contractors, good-paying local jobs and economic growth for communities, it should remain a win for both the economy and the American workforce.

SEE ALSO: DRY DATA: ZERO-WATER DATA CENTER DESIGN

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One Big Beautiful Boost https://constructionexec.com/article/one-big-beautiful-boost/?utm_source=rss&utm_medium=rss&utm_campaign=one-big-beautiful-boost Mon, 11 Aug 2025 12:00:00 +0000 https://constructionexec.com/article/one-big-beautiful-boost/ President Trump’s One Big Beautiful Bill provides much-needed relief to contractors and other small businesses nationwide.

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On July 4, 2025, President Donald Trump signed H.R. 1, the One Big Beautiful Bill Act, into law, providing an avenue for tax relief to the U.S. construction industry and Main Street businesses nationwide.

This legislation provides certainty to the more than 95% of all American businesses structured as S corporations, partnerships and sole proprietorships. These pass-through businesses employ 62% of the private sector workforce and form the economic backbone of virtually every community nationwide.

What sets this bill apart from other bills in the past is that the largest parts of the OBBB set a low, permanent tax rate for businesses across industries—unlike the Inflation Reduction Act which chose sectors to incentivize—picking winners and losers.

The construction industry will benefit from the following reforms included in the bill:

  • Making the small business deduction permanent: Solidifying the Section 199A deduction will provide tax certainty for pass-through businesses, allowing contractors to reinvest in their operations and workforce without fear of future tax hikes.
  • Permanent estate tax relief: This provision ensures that family-owned construction businesses can pass along ownership to the next generation without facing destructive estate tax burdens.
  • Restoration of 100% bonus depreciation: Renewing immediate expensing of capital investments through 100% bonus depreciation will encourage construction firms to invest in new equipment and technologies—boosting productivity and economic growth.
  • Revived expensing of R&D costs: The bill permanently restores the ability for businesses to immediately deduct domestic research and experimental expenditures, providing critical support for construction innovation. Whether it’s hands-on problem-solving that happens on jobsites or improving project delivery methods, this provision gives contractors the financial flexibility to invest in finding better, faster and safer ways to get the job done right—without waiting years to see a tax benefit.
  • No tax on overtime for American workers: Exempting overtime pay from federal income tax delivers direct, meaningful relief to the hardworking men and women of the construction trades—rewarding long hours on the jobsite.
  • Expanded 529 accounts for skilled trades training: The legislation expands the use of 529 savings accounts to cover career and technical education in the skilled trades, helping the next generation of construction professionals enter the workforce without student debt.

    Now that this critical legislation has been signed, the construction industry can look forward to the administration building on this momentum by enacting additional reforms to reduce regulatory burdens on businesses. Smart, targeted regulatory relief will give contractors even greater ability to create jobs, strengthen their communities and drive economic growth nationwide.

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Meet and Greet: Get Ready for ABC’s 2025 LegCon https://constructionexec.com/article/meet-and-greet-get-ready-for-abc-s-2025-legcon/?utm_source=rss&utm_medium=rss&utm_campaign=meet-and-greet-get-ready-for-abc-s-2025-legcon Mon, 09 Jun 2025 16:08:47 +0000 https://constructionexec.com/article/meet-and-greet-get-ready-for-abc-s-2025-legcon/ Associated Builders and Contractors’ annual Legislative Conference gives members an opportunity to make their voices heard on Capitol Hill.

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Every June, more than 500 members of Associated Builders and Contractors gather in Washington, D.C., for the annual ABC Legislative Conference. Traveling from across the country, they come to learn more about the policies and debates shaping the future of the construction industry and to inform their members of Congress about the issues impacting their bottom line.

Washington’s reputation for gridlock oftentimes (and understandably) leads many to doubt Congress’ commitment to constituents and underestimate the value of meeting with elected offices. However, when ABC members visit Capitol Hill, they often find that lawmakers want to better understand how issues such as regulations, taxes and workforce shortages affect local businesses. At the same time, contractors discover that their representatives are interested in pursuing state, federal or local solutions to the challenges they face.

While a business’ direct experiences carry the most weight in congressional meetings, awareness of legislation and regulations impacting the industry help guide discussions toward potential solutions. This is why ABC organizes informational sessions featuring politicians, regulators, legal experts and pollsters for its members before meeting with members of Congress. These briefings prepare members for prescheduled meetings with legislators and their staff, and equip members to advocate effectively and ensure their time in Washington delivers value to their business and the industry.

The ABC Legislative Conference offers a structured and impactful way for contractors to connect with federal lawmakers. However, ABC recognizes that not every member can travel to Washington in June. Fortunately, members of Congress maintain district offices and welcome meetings with constituents throughout the year. ABC encourages all companies, regardless of affiliation with the association, to engage with these local offices to build relationships, influence policy and address both national and district-specific challenges facing the construction industry.

Whether in D.C. or at home, make it a priority to meet with your representative this year. Share how your company builds America, strengthens your community and empowers the workforce. Most of all, make sure your voice is heard to ensure the future of construction remains a promising opportunity for all Americans.

SEE ALSO: CONSTRUCTION EXECUTIVE’S 2025 TOP CONSTRUCTION LAW FIRMS

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New Ticket, Same Show: The Democratic Candidate https://constructionexec.com/article/new-ticket-same-show-the-democratic-candidate/?utm_source=rss&utm_medium=rss&utm_campaign=new-ticket-same-show-the-democratic-candidate Mon, 30 Sep 2024 11:27:57 +0000 https://constructionexec.com/article/new-ticket-same-show-the-democratic-candidate/ The Democrats have a new ticket, but do they have new policies? And most importantly, do they want to see a fair and level playing field for construction? Spoiler alert: The answer is no.

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Under the Biden-Harris Administration, the construction industry faced union-only executive actions and regulations that excluded 89% of contractors from bidding on federal work. Companies received tax incentives for using only registered apprentices on private work, and employers were mandated to pay Davis-Bacon wages. The Department of Labor has attempted to force employers to disclose sensitive information to the public that can easily be manipulated, mischaracterized and misused, subjecting employers to illegitimate attacks and employees to violations of their privacy.

The Harris-Walz ticket comes with the same playbook. In addition to the anti-competitive policies implemented during Harris’ term as vice president, Governor Tim Walz (MN-D) has a track record of his own. Walz and his legislative allies have been reliable partners to organized labor on several misguided efforts that hamstring small-business owners in their ability to run their businesses effectively and be nimble in delivering services to their public and private customers. While he may be a supporter of infrastructure spending in Minnesota, Walz shut out an overwhelming majority of construction workers from public work wherever possible and gave unfair advantages to unions in their quest to broaden their membership—sometimes at the expense of small business owners and taxpayers.

Sound familiar? Policies under these administrations, at both the state and federal level, cripple merit-shop contractors, preventing them from competing to build and rebuild our nation’s infrastructure and representing a poor investment of Americans’ hard-earned tax dollars. If past is prologue, it’s clear that a Harris-Walz administration will only bring more anti-competitive, inflationary and divisive policies that shut out the vast majority of the construction workforce.

President Biden may have left the ticket, but the pair that has taken his place threatens to bring forth the same exclusionary agenda the construction industry has seen for the past four years. Come November 5, merit-shop contractors around the country should remember that this new ticket has picked winners and losers in the past, and they are poised to do it again in the future.

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Amplifying Your Voice https://constructionexec.com/article/amplifying-your-voice/?utm_source=rss&utm_medium=rss&utm_campaign=amplifying-your-voice Tue, 23 Apr 2024 14:29:31 +0000 https://constructionexec.com/article/amplifying-your-voice/ The ABC Legislative Conference is coming to Washington, D.C., next month. Join us to advocate for the issues that matter most to the merit shop.

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On June 25 and 26, more than 500 members of ABC will descend on Washington, D.C., for our 2024 Legislative Conference, during which they’ll visit and educate legislators on issues that matter to our industry.

This is a must-attend event for everyone who is politically engaged, curious and passionate about their business and the issues that matter most to the merit-shop construction industry.

In addition to meeting with members of Congress, attendees will have the opportunity to hear from well-known political speakers, learn about the purpose of the ABC Political Action Committee and celebrate the accomplishments of the Free Enterprise Alliance, ABC’s issue advocacy arm, which is hard at work advocating for fair and open competition. FEA is your voice amplified, allowing ABC members to unite and advocate for one another.

In the coming year, FEA is looking to invest $4 million in key states like Ohio, Montana, Arizona, West Virginia, Florida, Pennsylvania and others. More than $1.5 million has been raised and committed toward this effort thus far—FEA has already launched ads in Ohio and West Virginia and will be sharing more throughout the spring—but we need to do more.

With that in mind, ABC’s $1 Million Chairman Challenge kicked off on April 1 and will culminate at the Legislative Conference. Our goal is to raise $1 million in additional funds by June 30. This money is key to ABC’s issue advocacy and get-out-the-vote efforts. Donate to the Chairman Challenge and in support of other FEA activities at freeenterprisealliance.org/donate.
2024 is a pivotal election year. The Senate map is good for the merit shop, and with a majority, it will become possible to pass legislation such as the Fair and Open Competition Act and the Employee Rights Act and to overturn the burdensome regulations put in place by the Biden administration.

ABC’s Legislative Conference is the opportunity to get engaged. You can learn more and register at legislative.abc.org.

What’s at stake? Your business. Your future. Your bottom line.

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Politics Over Policy: Border Security and Immigration Reform https://constructionexec.com/article/politics-over-policy/?utm_source=rss&utm_medium=rss&utm_campaign=politics-over-policy Thu, 21 Mar 2024 16:40:17 +0000 https://constructionexec.com/article/politics-over-policy/ Congress is perpetuating the workforce shortage as it bypasses border security and immigration reform.

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With the Senate-negotiated border deal now dead and buried, the Senate moved forward with a bipartisan package to provide critical funding to U.S. allies Ukraine and Israel. While the $95-billion national security supplemental appropriations bill passed in a 70–29 bipartisan vote in February, 28 of the votes in opposition came from Republicans.

Meanwhile, House Speaker Mike Johnson, R-La., has stated he would not put the bill on the House floor for a vote as currently written and continues to push the House-passed Secure the Border Act as a necessary companion to any national security proposal.

Congress’s delay in addressing America’s border security and immigration system continues to perpetuate the workforce shortage being experienced by employers nationwide. Throughout the 118th Congress, the porous nature of the United States’ southern border has received significant attention and has been a top priority for Republican policymakers.
But, as in any presidential election year, politics often wins over policy.

TPS REPORT

ABC estimates that the construction industry must attract 501,000 additional workers above the standard pace of hiring to meet 2024 labor demand. While employers have sought workers to fulfill existing backlogs and plan for future projects, they have been unable to do so at the local level. And there is even more demand on the horizon, as more than a trillion dollars in infrastructure spending from recently passed legislation such as the Infrastructure Investments and Jobs Act and the Inflation Reduction Act flows into the market.

To overcome this challenge, employers have turned to hiring foreign workers via H-2B visa programs as well as hiring foreign workers already in the United States who have temporary protected status. While these programs provide opportunities for employers and workers, significant uncertainty and complexities accompany them. Specifically, the shifting nature of TPS status makes it unreliable for business and workers alike. On the other hand, the H-2B program cap prevents the program from meeting actual worker demand while requiring employers to undergo a costly and time-consuming petition process with no guarantee of success.

The combination of America’s workforce shortage and the complicated, uncertain and expensive process of obtaining legal workers limits the construction industry’s ability to perform infrastructure improvements at the pace our communities require.

EFFICIENT SYSTEM NEEDED

To support the construction industry in advancing communities across America, Congress must advance an efficient immigration system capable of responding to labor-market demand. These reforms should maintain the investments businesses have already made in their current legal-immigrant workforce while at the same time allowing them to obtain an adequate workforce in labor markets where local workers are unable to meet demand.

As the 118th Congress remains in session through Jan. 3, 2025, legislators have time to advance solutions to the nation’s workforce shortage while strengthening border security. ABC will continue to advocate for solutions to this urgent situation.

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