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The Aftermath of the Elections ABC Virginia Webinar November 10, 2016 Get Into Politics or Get Out of Business®

The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

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Page 1: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

The Aftermath of the Elections ABC Virginia Webinar

November 10, 2016

Get Into Politics or Get Out of Business®

Page 2: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

U.S. House, Senate and White House Results

State Results: GOP Domination Continues

Virginia Election Notes

Impact of Elections on ABC Members

Overview

Get Into Politics or Get Out of Business®

Page 3: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

U.S. House Map (239 GOP, 193 DEM, 3 TBD)

Get Into Politics or Get Out of Business®

Page 4: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

U.S. Senate Map (51 GOP, 48 DEM, 1 TBD)

Get Into Politics or Get Out of Business®

Page 5: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

White House Trump 306 Clinton 232

Get Into Politics or Get Out of Business®

Page 6: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

ABC Travel Teams

Get Into Politics or Get Out of Business®

• 8-10 ABCN GA staff and chapter staff

• Visited ABC Member companies w/ GOTV information

• Volunteered on campaigns in evening

• Won both FL and PA

TRAVEL TEAMS

Page 8: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Governors

Legislatures

States on Key ABC issues

Overview

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Page 9: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Republican (31)

Democrat (18)

Independent (1)

2016 Governors 31 GOP

Updated 11/9/16 Election

Page 10: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Republican (33) (+2)

Democrat (15) (-3)

Independent (1) (0)

2017 Governors 33 GOP

Updated 11/9/16

Party Change

Election

Page 11: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

2018 Governors Races Updated 11/9/16

Independent incumbent eligible for re-election Unknown Incumbent

No Election

Republican incumbent eligible for re-election Term-limited or retiring Republican

Democratic incumbent eligible for re-election Term-limited or retiring Democrat

24/36 elections held by GOP Governors in 2018

Page 12: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Republican

Democrat

Split

2016 State Legislative Control

31 States with GOP-controlled Legislatures

Updated 11/9/16

Page 13: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Republican

Democrat

Split

2017 State Legislative Control

33 States with GOP-controlled Legislatures

Updated 11/9/16

Change

* Ties in DE and CT Senate

Page 14: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

GOP Governor & Legislature (23)

Dem Governor & Legislature (7)

Split Control (20)

2016 Party Control Trifecta of Governor & State Legislatures

23 States with GOP Trifecta

Updated 11/9/16

Page 15: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Updated 11/9/16

Change

* Ties in DE and CT Senate

GOP Governor & Legislature (25) (+2)

Dem Governor & Legislature (6) (-1)

Split Control (19) (-1)

2017 Party Control Trifecta of Governor & State Legislatures

25 States with GOP Trifecta

Page 16: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

#NoPLAs/GNICA: Enacted bill or EO allowing

all contractors and their employees to fairly

compete for projects funded by their own tax dollars

Pro-PLA: Enacted bill or EO discouraging

fair and open competition on taxpayer

funded construction

Threat of government-mandated

PLAs on all taxpayer-funded projects

22 States Restrict Government-Mandated PLAs (GNICA) As of November 2016

2015 2015

2015

1995

2011

2012

1999 2013

2014

2012

2012

2011

2007

2011

2012

2013

2013

2013 2014 2014

2011

2011

2017 Target for GNICA Law/EO

Page 17: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

RI

State Prevailing Wage Laws As of November 2016

MA

WA

OR

CA

NV

1984

IA

MN

IL

1979

2016

R

OH

PA

NY

ME VT

CT

DE

MD

HI

MI

1985

MT

GA

MO

1985

AR

NM

WY

NE

1995

1987

TX

2015

R

MS 1980

SC

VA

SD

NC

KY

AK

1985

WI

1988

TN

NJ

No Prevailing Wage Law

Prevailing Wage Law

Reformed Prevailing Wage Law in ‘15

R Prevailing Wage Law Repealed ‘15-’16

WV is the most recent state to repeal its PW law

(2016) and then IN (2015). NV repealed PW on some

school construction (2015) and WI made reforms via

budget (2015). TN eliminated PW in (2013) on all but

vertical construction.

Page 18: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

26 Right to Work States As of November 2016

1985

1951 1955

1946

1963

1947

1946

1946

1958

2001

1947

1947

2015

2013

2012 1947

1947

1954

1947

1943

1944

1976

1954 1953

1947

Forced-Unionism State

Right to Work State

2016

2017 Target for RTW

Page 19: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

MeritShopScorecard.org

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State GOP Domination Continues. In 2017:

33 GOP Governors (up from 31 in 2016)

GOP controls 69* of 99 legislative chambers in the country (an all-time party

high), including 33 states with full legislative (House and Senate) control (up from

31 in 2016)

25 states will have GOP Trifecta of Governor, Senate and House (up from 23 in

2016)

GOP’s state success matters in U.S. House & depletes Dem. bench for higher

office

RTW, PW repeal/reform and GNICA/PLA reform will move

States that recently embraced labor reform efforts suffered little electoral

consequences (for the most part)

Key Takeaways

Get Into Politics or Get Out of Business®

Page 21: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Virginia

• U.S. House races and Virginia

• Special Elections in Virginia State

• Ballot Initiative to Add Existing Right to Work Law to Virginia Constitution

• Questions? Email Julia at: [email protected]

Get Into Politics or Get Out of Business®

Page 22: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Virginia

Page 23: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

IMPACT OF ELECTION ON ABC MEMBERS

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Page 24: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

WHAT IS TRUMP’S AGENDA?

• Knowns and unknowns • The clear contrast with Obama/Clinton • Trump’s clear opposition to illegal immigration,

Obamacare and overregulation of environment and taxes

• Trump, the business community, and the unions • Trump’s promise to repeal Obama executive

orders and rollback excessive regulation • The Indiana factor • The transition team: GreatAgain.Gov

Get Into Politics or Get Out of Business®

Page 25: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

IMPACT OF REPEALING EXECUTIVE ORDERS

• PLAs (EO 13502) • Blacklisting, arbitration, and paycheck transparency

(EO 13673) • Non-retaliation for wage disclosures: EO 13665 • Trafficking in persons: EO 13627 • Minimum wage for Federal contractors: EO 13658 • Non-displacement of qualified workers: EO 13495 • Notification of rights under Federal labor laws: EO

13496 • Paid sick leave: EO 13706

All aimed at federal government contractors

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Page 26: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

IMPACT ON THE WAVE OF NEW RULES THIS YEAR

• The Blacklisting Rule (BLOCKED FOR NOW) (except for paycheck transparency effective 1/1/17)

• DOL Persuader Rule (BLOCKED FOR NOW) • OSHA anti-drug testing rule effective Dec 1 (COURT ACTION

PENDING) • White Collar Overtime Rule Changes effective Dec 1

(COURT ACTION PENDING) • OSHA public injury electronic reporting effective 2017 • OSHA Silica Standard effective 2017 (COURT ACTION

PENDING) • Paid sick leave for govt contractors effective January 2017

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Page 27: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

IMPACT ON THE RADICAL NLRB

• New appointments to retake control from pro-union majority

• A slow process to reverse eight years of bad decisions • Joint Employer standard now favoring unions • Quickie election rule now in effect • Union access to corporate emails • NLRB’s war on employee handbooks • Micro units and other new election rules • Independent contractor standard favoring unions • Class arbitration issue pending in multiple circuits • NLRB v. SW General (appointment power of the president)

pending at Supreme Court

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Page 28: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

IMPACT ON THE EEOC

• EEOC final rule on wellness programs – AARP suing to make the rule tougher on employers

• EEOC final rule on EEO-1 form

• Over-aggressive enforcement

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Page 29: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

OTHER PLANNED OBAMA CHANGES PROBABLY STOPPED

• Apprenticeship - EEO proposed revisions

• More aggressive action from OFCCP

• Threatened expansion of PLAs

• NLRB promotion of union strikes

• Bonus: Clinton’s likely radical executive action agenda in a divided government is dead

Get Into Politics or Get Out of Business®

Page 30: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

ABC’s MERIT SHOP AGENDA

• ABC’s Role in the New Administration

• Is Trump’s Infrastructure Plan Feasible?

• Can Cut Deals With Congress?

• Prospects for passage of the Government Neutrality in Contracting Act (GNICA), restricting PLA mandates on fed and fed-assisted projects.

• Stay engaged at federal, state and local level

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Page 31: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

ABC ACTION APP

Page 32: The Aftermath of the Elections - ABC · Overview Get Into Politics or Get Out of Business® U.S. House Map (239 GOP, 193 DEM, 3 TBD) ... compete for projects funded by their own tax

Questions?

Email [email protected]

Twitter: @ABCGovAffairs

Get Into Politics or Get Out of Business®