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

The post Arbitration Nation: Opposing the FLCA first appeared on Construction Executive.

This year, the United States of America celebrates its 250th anniversary—a fitting time to reflect on the blessings of living in and being a citizen of this great nation. Many of the freedoms and opportunities we enjoy may seem commonplace, but they are far from universal. My experiences abroad have given me a deeper appreciation for what we have here at home and remind me that we often do not fully value something until we are without it. Many things come to mind, but here is my attempt to articulate what I cherish most about our country:

Freedom—The freedom to choose our beliefs, our associations and our own path in pursuit of happiness is foundational to who we are as Americans. Freedom of speech, faith and opportunity are rights that should never be taken for granted.

Rule of Law—A strong and trusted legal system is essential to both freedom and prosperity. The rule of law creates stability, accountability and the trust necessary for both life and business to flourish.

Opportunity—In America, any dream is possible. I have met countless individuals who, through hard work and determination, achieved more than they ever imagined—a testament to the opportunities this country provides.

Meritocracy—We are all unique, and in this country, individual effort, resilience, performance and perseverance are rewarded. The ability to earn success through hard work is both motivating and empowering.

Right to Vote—Having a voice in shaping the future of our nation is both a privilege and a responsibility. While the political process can at times be frustrating, the right to vote and participate in self-government is one of our greatest freedoms.

Many Americans take these freedoms and opportunities for granted and, in my view, do not fully appreciate what we have as citizens of this country. Through my travels around the world, the people I have met, the businesses I have worked with and the teams I have led and mentored, I have come to understand that these values are not universal.

As we celebrate America’s 250th birthday, let us take a moment to reflect on and appreciate the blessings we share as Americans. We are truly fortunate to call this country home. What a nation. God Bless America.

The post Happy Birthday, America! first appeared on Construction Executive.

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

The post Data Center Debate: The Effect of the Ratepayer Protection Pledge first appeared on Construction Executive.

In 2025, ABC began asking contractors in its monthly Construction Confidence Index and Construction Backlog Indicator whether they were under contract to perform data center work. On average, one in eight responding ABC member contractors reported that they were.

Electrical work represents roughly 50% of the pad-ready scope, meaning the industry’s chronic workforce shortage is increasingly concentrated among electricians. Some data center project owners are offering significant financial incentives to attract workers, disrupting local labor markets and bringing in traveling crews. Many new entrants are being upskilled in core competencies as projects require miles of conduit installation and extensive cable pulling.

At the same time, the boom extends far beyond electrical work. Data center projects require hundreds of thousands of square feet of slab-on-grade concrete and roofing, along with extensive plumbing and HVAC systems. These demands add to the workforce pressures already facing other construction sectors.

The urgency is clear: The race to lead in artificial intelligence is accelerating, and time is of the essence.

Government action is also intensifying. Federal policymakers are considering national legislation, while state and local governments are moving quickly to address community concerns related to energy costs and grid capacity, water usage and resilience, environmental impacts, land use, pollution and noise. Transparency and public trust are also central issues.

The result is a rapidly evolving landscape—one that can feel chaotic at times but is also deeply exciting and potentially transformational.

ABC is engaged at every level, nationally and locally, both politically and practically—serving at times as an author of policy and at other times as a critic. The association is in ongoing communication with project owners, contractors, communities and policymakers.

ABC members and staff are actively working to address workforce shortages, permitting reform, health and safety commitments, and community concerns.

One outcome of this effort will be the continued integration of artificial intelligence, virtual reality, wearables and other advanced technologies into construction. ABC believes the rapid buildout of data center infrastructure presents a significant opportunity for transformational leadership across the industry.

SEE ALSO: DATA CENTERS, INTEREST RATES AND MORE PRIMED TO EXACERBATE LABOR SHORTAGE

The post Wiring the AI Economy: Construction Spending on Data Centers first appeared on Construction Executive.

Construction faces swirling winds in 2026 that will only exacerbate the shortage: data center construction growth, slow demand in residential markets, interest rates, construction input costs, deregulation, immigration enforcement, tariff policies and more. But there is one headwind we can turn into a tailwind: authoring into law a market-based worker visa system.

This visa system relies on actual construction labor demand rather than the government issuing a fixed arbitrary number of visas each year. Visa applicants are hired based on merit and skill, with a robust vetting process that addresses security and fraudulent applicants. A market-based worker visa system creates a significant income stream through payroll tax withholdings—a direct benefit to U.S. citizens—and will contribute significantly to satisfying the chronic worker shortage we have today.

If this system had been implemented 10 years ago, our industry more than likely would not be dealing with the chronic workforce challenges we have today.

This proposal is a systematic transformation of the construction worker visa system, relying on economic laws of supply and demand and complying with the rule of law in our land.

Now is the time. We have to get this done.

SEE ALSO: BUILDING THE NEXT GENERATION: SIX STRATEGIES FOR MANAGING A YOUNGER CONSTRUCTION WORKFORCE

The post We Have to Get This Done: Data Centers, Interest Rates and More Primed to Exacerbate Labor Shortage first appeared on Construction Executive.

With these confirmations, the NLRB now has both a quorum and a new general counsel to set enforcement priorities for the first time in 11 months. While the board’s new 2-1 Republican majority allows it to resume regular operations, some have suggested that meaningful policy corrections must wait for the confirmation of a third Republican-appointed member. As former NLRB Chair Marvin Kaplan has recently observed, that might not be entirely true.

Traditionally, the board has required three votes to overturn precedent through adjudication, but seemingly, it has another lawful and appropriate tool available: rulemaking. Unlike adjudication, rulemaking requires only a majority vote of a quorum and is governed by the Administrative Procedure Act, which provides robust safeguards, including public notice, meaningful opportunities for comment, transparency, and both judicial and congressional review. By contrast, policy changes made through adjudication often occur without public input, may apply retroactively and offer limited transparency. For these reasons, the board’s three-member tradition is well suited to adjudication but should not be treated as a barrier to rulemaking.

ABC is considering petitioning the board to propose rules to address issues where clarity and stability are urgently needed, including representation election procedures and use of bargaining orders, employer speech and independent-contractor classification. Decades of policy shifts in these areas have created uncertainty for employers, workers and unions alike. 
The board has the authority to act through rulemaking, the president should nominate a well-qualified third member committed to fully effectuating the board’s mission as a neutral arbiter of the National Labor Relations Act.

SEE ALSO: HOUSE PASSES ABC-SUPPORTED PERMITTING REFORM LEGISLATION

The post Return of the Quorum: New NLRB Confirmations Secure Quorum and General Counsel first appeared on Construction Executive.

As I reflect, many events come to mind—but the one I choose to share is the passing of Tim Keating, 2020 national chair of ABC and a dear friend.

Tim’s tenure as the leader of ABC began in 2019 with a well-authored strategic plan intended to take us into the future. A year prior, I was visiting Tim at the R.C. Stevens office in central Florida. On the wall behind his desk, I noticed a beautifully framed white canvas. Naturally, I had to ask: “What is that all about?”

He replied: “This ‘painting’ reminds me that every day is a new day, a blank canvas—and it’s up to me to decide how to paint it.”

I was sold. Tim and I agreed that every day we would work together to make wise choices that painted a beautiful picture for the future of ABC.

As Tim stepped into the chair role in 2020, that blank white canvas idea was foundational. 2020 presented challenges that were completely unique, historically unprecedented and downright scary. Tim was the right man for the job.
We spoke nearly every day, many days multiple times—and I thank God we had Tim’s foundational “blank canvas” framework to guide us.

We lost a great leader when Tim passed earlier this year, but we thank him for the great wisdom he shared for moving forward (excerpted from his national chair acceptance speech): “We have been given this gift, this opportunity, this obligation to live life and do what’s best for our lives. That includes our contributions to an industry we all love, and to do it with enthusiasm—to paint our canvas with the talents God has given us! It is up to each and every one of us to do that same thing each and every day. Every day is a blank canvas, and it’s up to us to paint our own picture of a beautiful life.”

SEE ALSO: PAINT YOUR CANVAS: SUMMARIZING THE CONTRIBUTIONS AND COMMITMENTS OF TIM KEATING

The post Blank Canvas: Reflecting on 2025 and Preparing for 2026 first appeared on Construction Executive.

While Democrats ultimately conceded to end the impasse, Republicans now face difficult choices over how to tackle rising healthcare costs and the looming expiration of the enhanced ACA subsidies at the end of the year. Leader Thune has promised a vote on the issue before December 31, but Republicans remain divided on whether to extend the subsidies or pursue an alternative plan. Some House Republicans are exploring broader healthcare reforms that could reduce costs without expanding Obamacare. Meanwhile, Democrats are signaling they won’t support other GOP health proposals unless the ACA credits are extended, setting up another battle on the Hill.

Meanwhile, the next funding fight is already taking shape. Congress approved a limited three-bill funding package to end the shutdown, but major disagreements remain over how to structure and fund the remaining FY2026 appropriations bills, with lawmakers still tens of billions of dollars apart on topline spending levels for defense and health programs. House Democrats are also pushing for stronger safeguards against future funding rescissions. With the January 30 deadline approaching, Congress is once again bracing for another high-stakes budget showdown.

Legislating will likely take a back seat to politics in 2026, as a contentious mid-term election is sure to capture the attention of lawmakers. A focus on measures such as surface transportation and apprenticeship reauthorization is expected, but progress on broader policy goals appears increasingly uncertain. Committee work has stalled, and bills are now significantly behind schedule. With limited floor time left before the election season consumes Washington, the lost productivity will be nearly impossible to recover. The extended shutdown has left Congress scrambling to catch up, proving that 2026 will be defined more by what doesn’t get done than by what does.

ABC continues its work defending the merit shop in the face of increased pressures from both sides of the aisle. While Congress races against the clock to regain lost ground, ABC remains steadfast in advancing policies that promote fair and open competition, workforce development and economic growth.

SEE ALSO: CONSTRUCTION EMPLOYMENT REBOUNDS IN SEPTEMBER

The post Congress Returns to Washington as Lawmakers Struggle to Find a Path Forward first appeared on Construction Executive.

During this time of disturbing political conflict, I am reflecting intently on this habit. Conflict often arises from a lack of willingness to value our differences of opinion. The “my way or the highway” mentality prevails, blocking all view of a future state where all can thrive. 

Conflict is a path of choice born out of win-lose thinking, more often than not leading to lose-lose outcomes. In an abundance mentality, win-win thinking carries the day. With an attitude of abundance and the willingness to respect our differences, Covey’s Path to Synergy™ is possible.

I am a huge proponent of productive conflict. I view it as a way to respectfully debate, learn from those who differ from us and value the unique perspective each of us brings to the table. When conflict is managed by fact and approached with noble intentions, willingness to value different thoughts and respect for people, a culture of trust is built and new, exciting ideas emerge.

Through this process, shared excitement and commitment to third alternatives results in an outcome much greater than the sum of its parts.

The post Creative Cooperation: Pursuing Productive Conflict in Construction first appeared on Construction Executive.

• Passage of the One Big Beautiful Bill Act: Signed into law on July 4, 2025, the landmark tax and spending bill focused on maintaining and expanding the Tax Cuts and Jobs Act’s beneficial tax provisions for American businesses and workers. It also revised the environmental review structure, creating a fee-for-service option that guarantees completion times. Project owners who pay 125% of a review’s estimated cost receive six-month environmental assessments and 12-month impact statement completion times, compared with 2024 averages of 9.6 months and 2.2 years, respectively, according to the Council on Environmental Quality. The law exempts reviews for which a fee is paid from further administrative and judicial reviews, frequently used by activists to delay or block projects.
• Removal of National Environmental Policy Act Implementing Regulations: On February 25, 2025, the CEQ issued an interim final rule repealing all previously issued NEPA regulations. The rule, effective April 11, 2025, stated that the CEQ no longer has authority to issue binding NEPA regulations and tasked federal agencies with developing their own NEPA rules. Following this, numerous federal agencies have established or revised their own NEPA regulations with the goal of establishing a coordinated, predictable and transparent process to streamline permitting while maintaining necessary environmental safeguards.

With more than a year remaining in the 119th Congress and three years left in the Trump administration, the Republican majority and executive branch are advancing the following additional permitting reforms: 

• A Final Rule Clarifying the Definition of “Waters of the United States”: The U.S. Environmental Protection Agency’s Office of Water aims to issue a final rule defining WOTUS in a manner consistent with the U.S. Supreme Court’s Sackett decision by January 2026. This rulemaking is expected to clarify which waters fall under federal jurisdiction following ambiguous and expansive definitions of WOTUS promulgated by the Biden administration. 
• The Standardizing Permitting and Expediting Economic Development Act: The SPEED ACT would codify NEPA’s intent to prescribe necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action” and establish reasonable timelines for filing judicial review claims. The legislation awaits a vote in the U.S. House of Representatives Natural Resources Committee. 
• The Promoting Efficient Review for Modern Infrastructure Today Act: The PERMIT Act would clarify the definition of WOTUS, expedite jurisdictional determinations, streamline the Section 404 dredge and fill permit process, extend National Pollutant Discharge Elimination System permit terms and reduce the amount of time that the EPA has to deny or restrict the use of a defined space as a disposal site to the period between a completed application and permit issuance. The legislation awaits a House floor vote. 

With Congress and the White House’s actions and objectives, the construction industry can expect a more transparent, consistent and predictable permitting process that provides developers and contractors with the ability to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and successfully stewarding public funds.

SEE ALSO: ABC URGES SENATE TO PASS A CLEAN CR TO END SHUTDOWN

The post Permitting America to Build first appeared on Construction Executive.