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NECA Legislative Top Three 9/13/19: NLRB Ruling Says No Misclassification

Sep 12, 2019

1. NLRB Finds Worker Misclassification Not a Violation of NLRA

In a recent ruling, the National Labor Relations Board found that it is not a direct violation of the National Labor Relations Act (NLRA) when employers misclassify their workers as independent contractors and then fail to properly educate them as to what this means. The ruling found in the case of Velox Express, Inc., 368 N.L.R.B. No 61 (2019) that misclassifying workers as a stand- alone violation, absent another labor violation is not enough to trigger a full violation of the NLRA. The NLRB stated that it arrived at this decision because this action did not primarily interfere with the right to organize and did not coerce the employee in any way.

NECA’s Look Ahead: Worker misclassification remains a perennial issue for NECA and is a key pillar in the playbook of our competition. NECA believes that through proper bargaining and a high level of respect, our workforce should be understood to be an investment and not merely a cost. NECA Government Affairs continues to beat the drum on Capitol Hill advocating for national worker misclassification legislation to be used instead of the patchwork state-by-state approach which our contractors find today.

2. Senate Delays Government Funding Votes

Senate Appropriations Committee Chairman Richard Shelby (R-AL) canceled votes on two spending bills, which would fund the departments of Health and Human Services (HHS), Labor (DOL), and Education, as well as the State Department and related foreign operations.

NECA’s Look Ahead: The bills were canceled after Republican Members were unable to negotiate with Democratic Members over so-called “poison pill” amendments on controversial issues, such as abortion funding and President Trump’s planned border wall. This marked another unwelcomed delay in negotiations over government funding, which must be completed by September 30, 2019 to avoid a federal shutdown.

3. Win with NECAPAC at the NECA Convention

The NECA 2019 Las Vegas is right around the corner and so is your chance to win great prizes with NECAPAC! NECAPAC is the electrical construction industry’s most effective tool for helping to elect U.S. House and Senate members who support policies favorable to the industry. This is why we need the support of every NECA member to ensure that we achieve real results on Capitol Hill and guarantee that the industry’s voice is heard.

NECA’s Look Ahead: Be sure to stop by the NECA Booth 1761 on the trade show floor where your Government Affairs team will be on hand to secure your NECAPAC contribution and discuss what is happening on the Hill. For every $100 you contribute to NECAPAC, you’ll get one ticket in the raffle to win:

–Nest Hub with Google Assistant
–Bose Noise Cancelling Headphones 700
–$200 Bass Pro Shop Gift Card

Three Daily Drawings:
  • Sunday, Sept. 15, 5:00 p.m.
    (following the Trade Show on the Prize Stage in the Sports Zone)

  • Monday, Sept. 16, 4:00 p.m.
    (following the Trade Show on the Prize Stage in the Sports Zone)

  • Tuesday, Sept. 17, 2:30 p.m.
    (following the General Session in the Mandalay Bay Ballroom)