ABC advocates both nationally and locally on behalf of what we call “the merit shop” in the construction industry through government representation, legal action, workforce development and grassroots mobilization to promote free enterprise and fair competition. Additionally, ABC influences elections through its Free Enterprise Alliance (FEA), which educates stakeholders on pro-business policies, and the ABC Political Action Committee (ABC PAC), which supports candidates who align with our free enterprise and fair competition principles. Through these combined efforts, ABC National and the Rocky Mountain Chapter work to create a favorable regulatory environment, strengthen the industry’s workforce and ensure that policymakers prioritize the needs of construction businesses and their employees.

Huge Success in the 2024 Elections

ABC’s political and issue advocacy efforts were a huge success in the 2023-24 election cycle. It is clear that our efforts had a difference-making impact in electing a merit-shop trifecta in Congress and the White House.

ABC PAC works within the federal election process to directly support political campaigns for the presidency or Congress. The PAC is dedicated to advancing candidates that align with the merit shop philosophy, ensuring that elected officials understand and support the needs of ABC members and the broader construction industry. ABC PAC went ALL-IN this cycle, spending $2.4 million to support our interviewed and vetted candidates across the country. ABC PAC contributed to 12 merit-shop pick-ups and 30 new members running in the country’s most competitive races in a strategy that had an 85%-win percentage.

Additionally, the FEA serves as ABC’s issue education and advocacy arm, informing members, their employees, elected officials and the public on key issues that impact the construction industry, like fair and open competition. Through strategic campaigns, advertisements and outreach efforts, the FEA helps inform voters and policymakers about the benefits of pro-merit shop policies. The FEA went ALL-IN this cycle, spending more than $5 million delivering our message by supporting the policy positions of pro-free market elected leaders at the federal and state levels while at the same time exposing the records of anti-merit shop lawmakers.

This level of advocacy is unparalleled for a trade association like ABC. In every electoral district that ABC PAC, FEA, and the ABC chapter and members went ALL IN, we won them all — that’s a 100% success rate.

National Public Policy

Over the last 12 months, ABC has taken a series of significant actions to challenge government regulations, support small businesses and advocate for fair labor policies at the national level.

In 2024, ABC emerged as a powerful advocate for businesses, particularly in the construction sector, by challenging regulatory overreach and championing policies that foster economic growth. One of its most significant victories came when it successfully opposed the U.S. Department of Labor’s (DOL) overtime rule, arguing that automatic salary threshold increases would strain industries already facing financial pressures. The U.S. District Court for the Eastern District of Texas ruled in favor of ABC, striking down the rule. Similarly, ABC played a critical role in blocking proposed changes to federal apprenticeship regulations. By submitting extensive comments and engaging industry stakeholders, ABC helped convince the Biden administration to withdraw the rule, ensuring that apprenticeship programs remain practical and accessible for the construction workforce.

ABC also took a stand against labor policies that it believed would negatively impact businesses. It led to opposition to the renomination of Lauren McFerran to the National Labor Relations Board (NLRB), citing concerns over her previous rulings that favored unions at the expense of employers. Mobilizing its members, ABC successfully contributed to the Senate’s rejection of McFerran in a narrow 49-50 vote. Additionally, ABC has remained a vocal critic of the Protecting the Right to Organize (PRO) Act, which contends threatened worker independence and business flexibility. By continuing to lobby against this bill, ABC has reaffirmed its commitment to protecting the rights of employers and employees alike.

Regulatory fairness remained a key priority for ABC, as demonstrated by its support for the Prove It Act of 2024 (H.R. 7198). This legislation strengthens protections for small businesses by allowing industry groups to petition the Small Business Administration (SBA) to review the economic impact of federal regulations. ABC also urged Congress to empower the SBA further, ensuring it can effectively challenge burdensome regulations. In the legal arena, ABC backed litigation that led to the reinstatement of a nationwide injunction against the Corporate Transparency Act’s beneficial ownership reporting requirements, providing relief to small businesses facing compliance challenges.

Occupational safety regulations also came under ABC’s scrutiny, particularly the Occupational Safety and Health Administration’s (OSHA) proposed Heat Injury and Illness Prevention rule. ABC submitted comments opposing the rule, emphasizing the need for flexibility to address the construction industry’s unique challenges. Additionally, ABC challenged Minnesota’s “captive audience” law in the 8th Circuit, arguing that banning employer-led discussions on unionization violated free speech and employer rights.

On the tax front, ABC joined a coalition supporting the Main Street Tax Certainty Act, which seeks to make the Section 199A deduction permanent. By advocating for this measure, ABC aims to ensure that small businesses structured as pass-through entities receive continued tax relief. Throughout 2024, ABC remained steadfast in its mission to defend businesses against regulatory overreach, promote fair competition and uphold economic freedom in the construction industry and beyond.

Finally, ABC opposed the Faster Labor Contracts Act (S. 844), which imposes strict deadlines for labor negotiations and enforces binding arbitration, undermining voluntary agreements. ABC, alongside 42 coalition partners, urged the Senate to reject this bill, citing concerns over labor freedom and economic impact.

Mandatory Project Labor Agreements

A final, major area of focus for ABC has been project labor agreements (PLAs), which inflate costs and unfairly limit competition in federal construction. The organization has been leading a coalition urging President Donald Trump to repeal former President Biden’s executive order requiring PLAs on projects exceeding $35 million. While waiting for executive branch action on government-wide repeal, ABC has been successfully challenging Biden’s PLA mandate in federal court.

ABC secured a legal victory on Jan. 19 when the U.S. Court of Federal Claims ruled against the Biden administration’s federal construction PLA mandate. The court found that PLA requirements in 12 federal solicitations violated competitive bidding laws, though it did not overturn the broader rule mandating PLAs on projects over $35 million. Evidence revealed that federal agencies themselves admitted PLA mandates increase costs and reduce competition. This has resulted in the U.S. Department of Defense’s decision to eliminate its PLA requirement on military construction projects along with three other agencies. ABC-associated plaintiffs have since filed for a nationwide injunction with decisions pending.

Rocky Mountain Region

In Colorado, ABC has been a vocal advocate for fair and balanced labor policies, actively engaging in legislative efforts that impact the construction industry. On new legislation that seeks to strengthen wage theft enforcement, ABC has worked with stakeholders to ensure a more equitable approach. While the bill reflects improvements over last year’s version, ABC remains concerned about provisions that expand employer liability, impose impractical response timelines and introduce a presumption of retaliation. ABC supports new law that maintains fairness for businesses while addressing legitimate wage concerns.

ABC strongly opposes a bill that would repeal key provisions of the Colorado Labor Peace Act by eliminating the second election requirement for union security agreements. ABC argues this change would unfairly reduce worker autonomy, increase operational costs and make Colorado less competitive by imposing unionization with lower levels of employee support.

Similarly, ABC opposes union-sponsored legislation that promotes Project Labor Agreements (PLAs) on public projects. ABC warns that this approach will create unnecessary administrative burdens, limit competition and disproportionately harm small and minority-owned businesses that lack the resources to navigate union-centric policies. The use of a PLA on a project would restrict fair competition by excluding 90% of Colorado’s non-union construction workforce from taxpayer-funded projects.

Finally, ABC is closely monitoring legislative efforts in Colorado to reform construction-defects laws, whose aim is to boost condominium development without harming the construction industry. A first bill, supported by a bipartisan coalition, seeks to reduce litigation risks by increasing the threshold for defect lawsuits, requiring expert affidavits, prioritizing repairs over payouts and providing legal defenses for builders. Supporters believe these changes will lower insurance costs and encourage more affordable housing projects. Conversely, a rival bill, backed by Democratic lawmakers and their trial lawyer allies, claims to seek stronger homeowner protections by banning mandatory arbitration, extending the timeframe for defect claims and mandating prejudgment interest in court rulings. ABC understands its real goal is to escalate litigation, which would, in turn, raise costs and discourage new projects. ABC supports policies that expand housing but urges a balanced approach that continues to protect homeowners while ensuring the construction industry remains viable and competitive in an environment of desired new development.

Across these legislative and regulatory battles, both locally and at the federal level, ABC continues to advocate for free enterprise, fair competition and policies that support economic growth in Colorado’s construction industry.