Congressional Democrats Re-Introduce PRO Act Last Wednesday, House and Senate Democrats re-introduced the “Protecting the Right to Organize Act” (or PRO Act), a bill that would rewrite much of the country’s private-sector labor laws by banning Right-to-Work states, require federal government-appointed arbitrators to mandate first contracts, effectively outlaw independent contracting, among other dramatic changes. Although it may only be a political stunt, as Teamsters’ President Sean O’Brien indicated during his podcast interview with Marianne Williamson, the legislation is being led this year by Sen. Bernie Sanders (I-Vt.) and Rep. Bobby Scott (D-Va.), reported HuffPost. O’Brien explains the “inside baseball” being played inside Washington, explaining to Williamson how the “PRO Act was going to be used as a political pawn” (by Democrats). O’Brien then explains how the Teamsters are working with Democrats and Republicans to enact a “version” of the PRO Act and how his union avoids using the NLRB. The bill has passed the House of Representatives twice in the past, however, it has never reached the Senate Floor for a vote.

This year, with both the House and the Senate under Republican control, it is uncertain whether the bill would even pass the House, let alone reach the Senate Floor. In the unlikely event it were to pass both chambers, though, it would likely face a presidential veto.

On Tuesday, though, a bipartisan Senate bill was introduced that, if passed, would implement a key component of the PRO Act called binding arbitration. Given its bipartisanship and presuming the PRO Act fails, it is possible that the bipartisan binding arbitration bill may get support from both sides of the political divide. If that were to happen and the Faster Labor Contracts Act were to pass, it is unclear whether President Trump would veto it.

Predictably, employer representatives, including Associated Builders and Contractors and the Associated General Contractors of America, have long opposed the PRO Act, declaring it anti-competitive and claiming it may force workers to join a union when they don’t wish to.

“While the PRO Act purports to help workers, it actually strips away many of their rights and privacies while expanding opportunities to coerce law-abiding employers, thereby hurting the economy and upsetting a delicate balance of rights and restrictions established by the National Labor Relations Board, the courts, and Congress,” Brian Turmail, AGC’s vice president of public affairs and workforce, told Construction Dive. “If enacted, this measure will harm workers, undermine the economy and end decades of labor stability.” In a statement, Kristen Swearingen, ABC’s Vice President of Legislative and Political Affairs, called the PRO Act and its provisions harmful. Story

—

California Union Pushes Arizona Jobs Out For more than 30 years, Axon, a public safety technology company that makes Tasers and bodycams, has called Scottsdale, AZ home. Founded by Chaparral High School graduate Rick Smith, the company is planning a major expansion of its corporate headquarters as part of a development of 74 acres near Hayden and the 101. The new investment would be approximately $1.3 billion. But an out-of-state labor group, Worker Power, the political arm of the California-based UniteHere, was lurking, determined to disrupt the job-creation project. Story

—

Study Shows Workers Want Better Communication, Psychological Safety

• While workplace safety remains a top priority for employees, significant gaps persist between employee expectations and employer efforts, according to a new study by risk management provider AlertMedia.
• The report surveyed more than 2,000 full-time U.S. employees to understand their perceptions of safety and to provide employers with data and insights into how they can better deliver against employees’ safety expectations.
• Among the key findings, while nearly all employees (96%) believe physical safety at work is essential, more than half (56%) do not feel completely safe at work.
• Nearly all (95%) consider mental health important, yet 15% believe their employer ignores it altogether.

Read More

—

Legislation

Licensure

SB 291 – Grayson | The CSLB wants to reverse the industry-supported elimination of workers’ compensation exemptions for construction contractors.

SB 282 – Wiener | Requires the California Energy Commission, by 2027, to establish a statewide certification program for licensed contractors of residential heat pump water heaters and heat pump heating, ventilation, and air conditioning (HVAC) systems to obtain a heat pump installation certification, and would require the commission to create a state training program.

Apprenticeship:

AB 296 – Davies | Would require schools to hold at least one career fair every year, which would include information on apprenticeships.

Contracts:

AB 483 – Irwin | Would create new contact requirements for installment contracts that could make home improvement loans disappear.

AB 559 – Berman | Would clarify that ADU construction falls under HIC requirements, controlling progress payments. The bill is in reaction to recent cases in which consumers lost hundreds of thousands on ADUs that were never delivered.

AB 1327 – Aguiar-Curry | Would permit a notice of cancellation of a home improvement or home solicitation contract to be conveyed to the seller orally by telephone.

SB 61 – Cortese | Will limit retention on private construction projects to 5% of the contract value.

SB 517 – Niello | Will require a home improvement contract with a subcontractor performing more than 50% of the total estimated project cost to contain the subcontractor's name and contact information.

Public Works:

AB 963 – Petrie-Norris | Requires contractors and developers to give unions extensive documents about development projects, putting contractors and their employees at risk.

AB 1198 – Haney | Will require contractors to pay new prevailing wage rates whenever DIR changes them.

—

Lori Chavez-DeRemer Confirmed as Labor Secretary Several unions welcomed news of Chavez-DeRemer’s confirmation on Monday evening. The Amalgamated Transit Union called the former congresswoman from Oregon “a strong advocate for working people and unions.” Sean O’Brien, president of the International Brotherhood of Teamsters, said Chavez-DeRemer will do “an excellent job” and “protect the working class.” Story

—

Solar-Utilities Reporting, Guidance, and Education (SURGE) provides some essential resources to help solar contractors better understand prevailing wage requirements as they submit copies of certified payroll records to the SURGE Compliance Portal per AB 2143 and PUC 769.2.

Prevailing Wage/Labor Compliance Training The California Department of Industrial Relations (DIR) has announced its series of upcoming trainings for 2025. These educational seminars across the state provide an overview of prevailing wage and apprenticeship standards compliance and public works enforcement. The first webinar event is on Thursday, March 13, 2025 from 8:30 AM – 4:00 PM. To explore all of these upcoming events, please visit the following link: DIR Upcoming Trainings

DIR Distribution List To stay current with the DIR prevailing wage training and other information and resources, you can sign up for email notices. Please use the following link to sign up on the DIR’s website. Sign Up for DIR Email Notices

SURGE Upcoming Events Additionally, SURGE has upcoming events for solar contractors to navigate the SURGE Compliance Portal. Visit the SURGE Happenings website for upcoming event information.

• March 25, 2025: CPUC SURGE Event: What is AB 2143/PUC 769.2? How to Stay in Compliance - Register Here
• April 16, 2025: SURGE & DIR Informational Webinar (registration coming soon)

—

30 states have adopted English as an official language—11 through ballot measures—since 1920 On March 1, President Donald Trump (R) issued an executive order "[designating] English as the official language of the United States." While the federal government had never established an official national language before, 30 states have designated English as their official language. Three of the 30 states—Alaska, Hawaii, and South Dakota—also recognize some Indigenous languages as co-official languages. Nebraska was the first state to adopt an official language by ballot measure in 1920. Oklahoma is the most recent state to vote on a measure, with voters approving State Question 751 in 2010. Story

—

District Supes Denounce Taxpayers Association School districts pushing bond measures have long coveted endorsements from the San Diego County Taxpayers Association. But district superintendents started getting sick of the process the Taxpayers Association demanded. They raised concerns to the media before Taxpayers Association CEO Haney Hong resigned late last week. Story

—

Rivas Purges Members from Assembly Committee Posts A group of Republican lawmakers—and at least one Democrat—have touched a nerve with Assembly Speaker Robert Rivas (D-Hollister). In a late Friday night announcement, Rivas booted five Republican lawmakers from key committee posts. Story

—

Out Of Energy: California paused a $290 million home energy rebate program on Monday, citing the uncertainty created by President Donald Trump's decision to freeze funding for climate-related programs, reports POLITICO. The California Energy Commission said it will stop accepting applications for the program, which uses federal money to help homeowners replace broken or inefficient heating or cooling systems with more efficient heat pumps. However, the commission said it would continue to honor rebates for homeowners whose applications have already been approved. The commission said in a statement that the program will be paused "until the Trump Administration provides additional information on the funding for this program."

—

Law On Legislators’ Sponsored Travel Falls Short Following a CalMatters investigation, California’s campaign finance watchdog agency concluded this month that a law — meant to make transparent who is paying for California legislators’ sponsored travel — is falling short. In 2023, CalMatters revealed that a 2015 law requiring trip organizers to annually disclose their major donors had been used only twice in seven years — despite interest groups paying for millions of dollars in travel for lawmakers during that time. The Fair Political Practices Commission’s audit, triggered by CalMatters’ reporting, recommends simplifying disclosure requirements to cover more interest groups that take lawmakers to policy conferences and on international study tours — a change that can only be made by those very same legislators.

—

My View

Huntington Beach Councilman Tony Strickland Leads in Special Election for State Senate On Tuesday, Feb. 25, voters in California’s 36th State Senate District special election and an early tally of ballots in Orange and Los Angeles counties showed Republican Tony Strickland with a strong lead. As of the latest tally, Strickland maintained an early 51% lead over Democrat Jimmy Pham. Pham is an attorney and serves on Westminster’s traffic commission. Strickland, a Huntington Beach councilmember and former mayor, is eyeing a return to the California Legislature, where he has already served for a decade — first as an Assembly member from 1998 to 2004, then as a state senator from 2008 to 2012 — representing parts of Ventura and Santa Barbara counties.

“Tony Strickland has always been a great supporter of free enterprise and open competition,” said WECA’s Southern California Government Affairs Representative Dave Everett (pictured with Strickland). “Whether it is in the California Legislature or at the local level in Huntington Beach, merit shop contractors know they can count on Tony Strickland.” The special election was triggered after former State Senator Janet Nguyen vacated the seat to join the Orange County Board of Supervisors. Nguyen endorsed Strickland to succeed her in the Senate. The race for the 36th State Senate District, which includes communities in Los Angeles and Orange counties, could be decided outright if a candidate secures more than 50% of the vote in the primary, meaning the runoff election scheduled for April would be canceled.

Despite Strickland’s strong early lead, Orange County Democratic Party Chair Florice Hoffman said she is encouraged by the initial results. “It looks like Jimmy Pham will be in a runoff in this Republican district,” she said. Pham ran for the 70th Assembly District seat in 2024 but was defeated by Republican Assemblymember Tri Ta.  The 36th Senate District stretches from Seal Beach to San Clemente along the Orange County coast to a small portion of Los Angeles County. It includes portions of Buena Park, Cypress, Fountain Valley, Garden Grove, La Palma, Los Alamitos, Stanton, and Westminster in Orange County and Artesia, Cerritos, and Hawaiian Gardens in Los Angeles County. Republicans make up the district's most significant share of registered voters at 37.11%. Democrats follow with 33.93%, while 22.61% of voters are registered with no party preference. Whoever is elected in Tuesday’s primary or the general election in April will serve a term that runs through Dec. 7, 2026.



Huntington Beach Councilman Tony Strickland (left) and WECA Southern California Government Affairs Representative Dave Everett (right)

Stan Ellis (R) Wins Special Election for Assembly District 32 In a decisive victory, Bakersfield-area businessman Stan Ellis (whom WECA supported) has won the special election for California's 32nd Assembly District. Ellis, a Republican, secured 64% of the vote, avoiding a runoff and succeeding Vince Fong, who vacated the seat after winning a congressional election last year. Stan Ellis is a farmer, local businessman, and community member with deep roots in the Central Valley. Ellis's campaign focused on common-sense leadership, advocating for less regulation, safer communities, and economic opportunities. "This victory is a clear message that our communities want leadership that puts working families and our future first," Ellis stated in his victory email.

The district, which includes parts of Visalia and Bakersfield, has been without representation since June 2024. Ellis's win brings a renewed focus on addressing the critical needs of the Central Valley, and he expressed eagerness to begin his work in Sacramento.

—

AZ’s Ciscomani Expresses Reservations Over House Republican Budget Resolution Southern Arizona U.S. Rep. Juan Ciscomani (R) is expressing reservations over a Republican budget blueprint that could result in significant cost shifts from the federal government to Arizona and negatively affect the state’s Medicaid program, known as AHCCCS, or the Arizona Health Care Cost Containment System. Story.

—

Plaintiffs Are Responsible for Commencing Court-Ordered Arbitration The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by failing to commence arbitration. The fact that the employer was the only party that “wanted” arbitration was irrelevant. The arbitration agreement required the plaintiffs to initiate arbitration, which they failed to do. Michelle Arzate, et al. v. ACE American Insurance Company, Case No. B336829. Story

—

Big day for crypto: The US Senate’s first subcommittee on digital asset policy convened this week. Punchbowl got a sneak peek at the opening remarks from the panel’s top Democrat Sen. Ruben Gallego (Ariz.). The Arizona Democrat, whose election bid was backed by the crypto super PAC network Fairshake, will say crypto “presents both extraordinary opportunities and significant challenges.” Gallego will also stress the need for “robust oversight,” including a call to ensure crypto is “not used to circumvent existing laws on money laundering, tax evasion, or illicit financing.” Gallego also wants to focus on “encouraging productive and useful innovation to everyday Americans. The growth of things like ‘meme coins’ on everything from Trump to DOGE to Peanut the Squirrel are about flashy headlines and trending on social media, not about helping traditionally un- and under-banked communities gain access to the financial system.” [Punchbowl]

—

Labor Nominee Gets a Boost Democratic Sen. Maggie Hassan will vote to advance Lori Chavez-DeRemer through the Senate HELP Committee on Thursday, significantly boosting the chances that Trump’s Labor secretary nominee will get confirmed. Hassan is the first Democrat on the HELP Committee to say she will vote for Chavez-DeRemer, making up for potential opposition from panel member Rand Paul. [Politico]

—

What is Happening on the Labor Front in DC? Kristen Swearingen Explains. A lot is going on in Washington, DC, these days. In this episode of Labor Relations Radio, Kristen Swearingen, Vice President, Legislative & Political Affairs at the Associated Builders & Contractors, Inc. and spokesperson for the Coalition for a Democratic Workplace, joins host Peter List to discuss some of the issues, including the re-introduction of the PRO Act, Sen. Josh Hawley’s “PRO Act-Lite” framework, as well as President Trump’s nominee to head the Department of Labor, Lori Chavez-DeRemer. Listen

—

Bill Introductions in the California Legislature Over the past decade, the California Legislature and its 120 legislators have introduced between 1,900 and 2,600 bills per year, each year of the 2-year legislative session, by the February introduction deadline. Fewer than 50 additional bills get introduced after the deadline (e.g., due to a rule waiver or a bill introduced by a committee, which are not subject to the introduction deadline). The 2023 California Legislative Session saw more introductions than usual, the highest number in over a decade. The 2024 Session returned those introduction numbers to more normal levels. Story

—

Guess Who Stymies Housing Construction A passel of recent California laws was supposed to supercharge the construction of desperately needed housing. According to YIMBY Law, they haven’t even come close. One California law was supposed to flip defunct strip malls across California into apartment-lined corridors.

Another was designed to turn under-used church parking lots into fonts of new affordable housing.

A third would, according to supporters and opponents alike, “end single-family zoning as we know it.” Fast-forward to 2025 and this spate of recent California laws, and others like it intended to supercharge the construction of desperately needed housing, have had “limited to no impact on the state’s housing supply.”

That damning conclusion comes from a surprising source: A new report by YIMBY Law, a pro-development nonprofit that would very much like to see these laws work.

“It’s grim,” said Sonja Trauss, executive director of YIMBY Law. Though she acknowledged some of the laws are still new, she blamed their early ineffectiveness on the legislative process which saddled these bills with unworkable requirements and glaring loopholes.

“Everybody wants a piece,” she said. “The pieces taken out during the process wind up derailing the initial concept.”

What are these requirements and loopholes that have prevented these laws from succeeding? Maybe not surprisingly, they are the frequent objects of critique by YIMBY Law and the Yes in My Backyard movement more generally.

One is the inclusion of requirements that developers only hire union-affiliated workers or pay their workers higher wages. Story

—

Acting NLRB General Counsel Rescinds Controversial Memoranda On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum 25-05, rescinding more than a dozen policy memos issued by his predecessor. Cowen cited an unsustainable backlog of cases as the primary motivation for the rescission. Cowen also signaled that he plans to publish new guidance to replace some of the rescinded memos. Others may be abandoned altogether. Learn More

—

CSLB Newsletter Please enjoy the Winter 2025 edition of the California Licensed Contractor Newsletter – a quarterly newsletter from the Contractors State License Board.

—

Santa Barbara County Supervisors Are Planning to Give Themselves a 48% Raise On February 25, 2025, the Santa Barbara County Supervisors are planning to give themselves a 48% raise. You read that right. According to Andy Caldwell, Executive Director of the government watchdog COLAB (Coalition of Labor, Agriculture and Business), that means they will be making $171, 309 per year for a part-time job. They are currently paid $115,000. Story

—

Hawley Sells Moreno on Government Control of Private Contracts Punchbowl News has reported that Senator Bernie Moreno (R-OH) is cosponsoring one of the bills based on Senator Josh Hawley’s (R-MO) recently released legislative framework implementing a “new direction” for Republican labor policy, which ironically appears to consist entirely of provisions stolen from Senator Bernie Sanders’ (D-VT) Protecting the Right to Organize (PRO) Act (S 567, HR 20, 118th Congress) and Senator Markey’s bill that brings the warehouse sector under government control and creates a new subagency at the Department of Labor (Warehouse Worker Protection Act, S 5208, 118th Congress). The framework is expected to be broken down into five pieces, and Moreno is reportedly cosponsoring the legislation that would implement government control over management-union contract negotiations.

The legislation, the Faster Labor Contracts Act, requires employers and unions to begin negotiating collective bargaining agreements within 10 days after a union wins a representation election and execute their agreement within months. Consequences for failing to meet this arbitrary timeline is mandatory arbitration, where government-appointed arbitrators set terms for the first contract. [Employment Policy Network]

—

Electricity Causes 150 Workplace Deaths Each Year Electricity continues to be one of the leading causes of workplace fatalities and injuries in the U.S., according to new workplace safety statistics from ESFI.

—

Mayor and San Diego Supervisor Candidate John McCann Visits WECA San Diego With less than 6 weeks until the April 8, 2025, special election for San Diego County Supervisor, WECA was proud to host Chula Vista Mayor John McCann for a tour and a discussion about workforce development this week at WECA’s San Diego Training Center. Joined by WECA Board President and CDM Electric Vice President Dru Wells, Bill Baber, and Dave Everett from WECA’s Government Affairs team, Mayor McCann sat down with WECA to discuss workforce development, public works projects, and apprenticeship opportunities.

Mayor John McCann is running for the open San Diego County Supervisor seat for District 1. With two Democrats and two Republicans on the San Diego County Board of Supervisors, this election will decide which party sets the agenda for the county’s budget and services. A special election will occur on April 8th, with a possible runoff in July if no candidate wins 50% +1 votes. Three Democrats — San Diego City Councilmember Vivian Moreno, Imperial Beach Mayor Paloma Aguirre, and Chula Vista Councilmember Carolina Chavez — and one Republican, Chula Vista Mayor John McCann, have confirmed they are running. Vivian Moreno voted for a discriminatory PLA on all City of San Diego construction, as did Carolina Chavez for the City of Chula Vista. And while the Laborers Union has endorsed Imperial Beach Mayor Paloma Aguirre, she has not yet imposed a PLA on Imperial Beach. Mayor John McCann, of course, voted against the PLA in the City of Chula Vista.

On the tour of our San Diego facility this week with Mayor McCann, WECA highlighted how apprenticeship presents great opportunities for students, and how beneficial it is for young adults to begin adulthood debt-free. We also discussed some of the discrimination and cost increases involved with PLAs. Thank you, Mayor McCann, for taking time out of your busy schedule to learn more about our members and students. It was a critical discussion on the region’s workforce development needs as well as some of the challenges facing the construction industry in California.