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.

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.

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.

• 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.

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.

The post One Big Beautiful Boost first appeared on Construction Executive.

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

The post Meet and Greet: Get Ready for ABC’s 2025 LegCon first appeared on Construction Executive.

A multi-year legal and advocacy campaign by ABC and a coalition of construction industry stakeholders has delivered welcome relief to federal contractors harmed by President Joe Biden’s Executive Order 14063 and related Federal Acquisition Regulatory Council rule mandating controversial project labor agreements on large-scale federal construction projects of $35 million or more.

Widely criticized by ABC, the construction industry, taxpayer watchdogs and lawmakers for needlessly inflating construction costs, delaying projects and steering contracts to unionized firms and union labor at the expense of both taxpayers and federal laws requiring fair and open competition, Biden’s pro-PLA policy has been severely weakened by the courts and strong ABC advocacy efforts.

COURTS AND TRUMP ADMINISTRATION REVERSE BIDEN’S PLA MANDATE POLICY ON SOME FEDERAL CONTRACTS

ABC celebrated a Jan. 19 decision by the U.S. Court of Federal Claims that ruled in favor of experienced ABC members and other federal contractors that filed 12 separate bid protests against three federal agencies that mandated PLAs in solicitations for construction services as a result of Biden’s rule.

The court consolidated all of the bid protests into one case and struck down the federal agency PLA mandates for violating federal competitive bidding statutes. Persuasive evidence presented to the court indicated that federal agencies required PLAs even after they hired consultants and conducted research that determined PLA mandates triggered by the Biden rule would increase costs and reduce competition. Unfortunately, as of press time, the court stopped short of striking down the entire rule and instead limited its scope to the bid protest projects, meaning federal agencies still have the ability to mandate PLAs under the Biden policy.

However, in February 2025, following the inauguration of Donald J. Trump and the U.S. Court of Federal Claims’ key ruling, officials from the U.S. Department of Defense and the U.S. General Services Administration’s Land Port of Entry program announced they would no longer require PLAs on their federal construction projects previously subject to Biden’s pro-PLA policy.

This abrupt policy reversal means the vast majority of future federal contracting opportunities will be free from PLA mandates. Almost 80% of federal construction contracts of $35 million or more were awarded by the DoD and GSA’s LPOE program in FY2024, according to an ABC analysis of usaspending.gov federal agency contract awards.

The triumphant return of fair and open competition for this large population of future federal contracts is welcome news for taxpayers, federal contractors and the principles of free enterprise. However, more work is underway to eliminate PLA mandates governmentwide on both federal and federally assisted projects.

LITIGATION AND ADVOCACY SEEK TO SIDELINE ALL OF BIDEN’S PRO-PLA POLICIES

ABC federal contractors performed more than 50% of all large-scale federal construction contracts from FY2009 through FY2023 until Biden’s pro-PLA rule went into effect on Jan. 22, 2024, following a multi-year rulemaking implementing the February 2022 EO 14063.

Typical PLA mandates discourage competition from some of the best bidders (and the nine out of 10 U.S. construction workers who choose not to join a union) by forcing contractors to sign special union collective bargaining agreements, hire workers from union halls and apprenticeship programs, and accept compulsory union representation on behalf of any members of their existing workforces. This exposes those workers to union wage theft of up to 34% of their compensation unless they join a union and vest in union benefits plans.

For these reasons and many others, on March 28, 2024, ABC and its Florida First Coast chapter filed suit in a Jacksonville, Fla., federal court to block Biden’s PLA final rule. As of press time, the case is fully briefed and plaintiffs are awaiting a decision on the overall case and a ruling on ABC’s subsequent motion for preliminary injunction filed in April 2024. Of note, the U.S. COFC’s recent decision in the PLA bid protest case presents helpful new evidence and case law under consideration by the federal court in Jacksonville.

In June 2024, Aric Dreher from Cianbro—an ABC federal contractor member from Pittsfield, Maine—and ABC leadership testified before Congress in support of fair and open competition. The ABC-led team argued that when mandated by government, PLAs increase construction costs by an estimated 12% to 20%, reduce competition from qualified contractors and their employees, steal money from the paychecks of token nonunion workers permitted on PLA projects and exacerbate the construction industry’s worker shortage.

In addition, the U.S. House Oversight Subcommittee heard testimony highlighting other Biden administration policies pushing PLAs on federally assisted construction projects via more than $271 billion worth of federal agency grant programs for infrastructure projects procured by state and local governments.

The testimony illuminated how other Biden administration policy pushes private developers to mandate PLAs on clean energy construction projects supported by more than $270 billion in Inflation Reduction Act tax incentives and domestic microchip manufacturing facilities receiving as much as $52.7 billion in CHIPS and Science Act funding. Such schemes undermine congressional authority as all of these taxpayer investments were authorized and funded through legislation that does not require or encourage the use of discriminatory PLAs on taxpayer-funded construction projects.

In a win for free enterprise, on March 14, 2025, President Trump issued EO 14236, which revoked President Biden’s EO 14126 encouraging federal agencies to mandate PLAs on federally assisted private and government projects. While the new Trump EO does not restrict government-mandated PLAs on all federal and federally assisted projects, it eliminates the Biden administration’s coercive policies pushing PLAs on hundreds of billions of dollars worth of federally assisted projects.

On Jan. 9, ABC and 24 other construction and business groups in the ABC-led Build America Local coalition sent a letter to President Trump requesting an executive order that would eliminate the Biden pro-PLA policies and restore fair and open competition on federal and federally assisted construction projects by eliminating government-mandated PLAs and PLA preferences, which would save taxpayers an estimated $10 billion annually.

ABC is encouraging stakeholders to contact their lawmakers and help create opportunities for all Americans in the construction industry. Urge them to support new policies that will encourage all qualified contractors and their skilled workforces to compete to build long-lasting, quality projects at the best price.

Through ABC’s grassroots campaign, ABC members can ask Congress and President Trump to stop harmful government-mandated PLAs on federal and federally assisted construction projects by passing the Fair and Open Competition Act legislation and/or a similar executive order.

Non-ABC stakeholders can learn more by visiting BuildAmericaLocal.com and watching the coalition’s informational video, as well as contacting lawmakers via the coalition website’s grassroots campaign.

For breaking updates on pending legal cases and advocacy developments, visit TheTruthAboutPLAs.com.

NOTE: All information contained in this article is current as of press date, March 10, 2025. For breaking news and additional updates, please visit constructionexec.com/comeback.

The post Fair and Open Competition Makes a Comeback first appeared on Construction Executive.

The expiring provisions include Section 199A, which allows sole proprietorships, S corporations and partnerships to deduct up to 20% of the income earned by the business. In 2017, the justification for the 199A deduction was simple: Allow America’s small-business owners to keep pace with the significant corporate tax cut included in the bill, which reduced rates from 35% to 21%. Recent analysis by EY reveals the stark consequences of allowing section 199A to sunset in 2026. With the combination of the top individual rate returning to 39.6% and the expiration of the Section 199A deduction, a 20% effective rate hike would be triggered for pass-through businesses.

Other key tax priorities include the continuation of TCJA estate tax treatment, revived expensing of research and development costs, restoration of 100% bonus depreciation and tackling the exclusionary labor mandates in the Inflation Reduction Act’s green tax credits.

Border security was a top campaign issue for Republicans in 2024 and will likely be one of the first issues addressed in the 119th Congress. Republicans could make H.R. 2, their comprehensive border-security bill passed in 2023, a top priority in the 119th Congress, which would provide increased funding for border enforcement. Any immigration reform package will have an impact on the construction industry, which is already experiencing a workforce shortage of more than 500,000 skilled laborers—all the more reason for instituting a new merit-based work-visa system for the industry.

Republicans will also prioritize an aggressive deregulatory agenda next year, targeting the repeal of Biden-era regulations using the Congressional Review Act, which allows Congress to overturn recently finalized federal regulations with a simple majority vote. Outside of the CRA process, Associated Builders and Contractors will prioritize rolling back President Biden’s controversial project labor agreement mandate.

PARTY LINES

While Republicans control the House and Senate, a slim 220-215 majority in the House will complicate the passage of partisan legislation. It is likely that attendance and contradictory member goals will threaten key priorities or force representatives to compromise on overarching legislation. At the same time, President Trump’s nominations of Representatives Elise Stefanik, Matt Gaetz and Mike Waltz will create vacancies in the House and reduce the Republican majority to 217-215 until Governors Kathy Hochul, D-N.Y. and Ron DeSantis, R-Fl., hold special elections to allow voters to select their successors.

On the other side of the Hill, Republican Senators maintain a 53-47 majority and have an easier time than the House in advancing spending bills due to reconciliation. While two Senators from the 119th Congress depart—with J.D. Vance as Vice President and Marco Rubio becoming Secretary of State—the process to fill their seats is more expedient than the House, as Governors DeSantis and Mark DeWine, R-Oh., can immediately select their replacements.

The 119th Congress presents challenges and opportunities for Republicans. However, they will have limited time to achieve their objectives before reelection campaigns begin in early 2026 and the American people determine a new Congress.

The post Nailing It Down: Analyzing Trump’s Policy Priorities first appeared on Construction Executive.