In This Edition:

·        Rapid Safety Progress

·        Ballot Initiative Proposed for 2028

·        Nuclear Apprenticeship Push

·        End to EEO-1 Reporting?

·        PLAs for California Sporting Venues

·        Updated Cal/OSHA Workplace Posting

·        Bills!
 

Small Construction Firms Drive Rapid Safety Progress But Still Lag Larger Peers

• A Dodge Construction Network report reveals that small construction companies with 20 or fewer employees are rapidly adopting workplace safety practices.
• These small firms increased their use of online safety training, employee assistance programs, and heat exposure tracking methods faster than their larger industry peers.
• Despite making significant progress, smaller contractors still utilize formal health and safety management practices less frequently than mid-sized and large enterprises.
• Industry researchers note that these smaller organizations require additional worker engagement, free tools, and data analysis to sustain long-term workplace protections.

READ MORE

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California Ballot Initiative Proposed for 2028 to Repeal the Top-Two Primary System

On May 8, Steve Maviglio, a Democratic political consultant and strategist known for his work on California ballot measure campaigns, filed an initiative for the 2028 ballot proposing to repeal the state’s top-two primary system. California adopted the system when voters approved Proposition 14, 53.7% to 46.3% in June 2010.

The top-two system requires all candidates to be listed on the same ballot regardless of party affiliation. The top two vote-getters advance to the general election. This makes it possible for two candidates of the same political party to win a top-two primary and face off in the general election. California is one of three states, including Alaska and Washington, that use a top-two style primary, or a variation of one, for all congressional and statewide elections.

Maviglio’s proposed constitutional amendment would authorize partisan primaries for congressional and state offices and allow any political party that holds a partisan primary to advance the top vote-getters from that primary to the general election.

To qualify for the ballot, the initiative campaign needs to collect signatures equal to 8% of the votes cast at the 2026 gubernatorial election. State law currently requires ballot initiatives to appear on general election ballots. If adopted in 2028, it would be used in the 2030 primaries.

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Bechtel, NABTU Launch Nuclear Apprenticeship Push as Power Demand Rises

Bechtel and North America’s Building Trades Unions have signed a memorandum of understanding to modernize apprenticeship programs for nuclear construction projects, including both traditional reactors and small modular reactors. The initiative comes as nuclear construction accelerates alongside rising electricity demand driven by artificial intelligence, data centers, and electrification. Bechtel said the partnership is designed to align training programs with evolving nuclear construction methods while maintaining strict safety and quality standards required on nuclear projects.

Story

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EEOC Filing Signals Likely End to EEO-1 Reporting

Since 1966, employers with 100 or more employees have been required to file the Standard Form 100, popularly known as the EEO-1 Report, annually. This form collects information on all of an employer’s work locations and the number of employees at each location by job category, sex, and race or ethnicity. Similar reports must also be filed periodically by labor unions (the EEO-3), state and local governments (the EEO-4), and public and secondary school systems (the EEO-5). On May 14, 2026, the Office of Information and Regulatory Affairs (OIRA) received from the EEOC a proposed rule titled: Rescission of EEO-1, EEO-2, EEO-3, EEO-4. EEO-5, and Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA. Read More

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PLAs for California Sporting Venues

At a recent hearing of the Senate Special Committee on International Sporting Events on the Olympics, Paralympics, and World Cup Soccer, the State Building and Construction Trades Council revealed that they are well on their way to securing PLAs for all venue construction.

Jeremy Smith, on behalf of the State Building and Construction Trades Council of California, reported that:

“The LA/OC Building Trades Council looks forward to entering into negotiations with the general manager and board of Expo Park about community benefit tools such as project labor agreements or community benefits agreements, to ensure the workers creating all these needed improvements and upgrades at the Rose Bowl and Expo Park are locally based, properly skilled and trained, and that these games provide the jolt to the local economy that workers in the pavilion wage can provide.”

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Updated Cal/OSHA Workplace Posting

California employers should take note that the Cal/OSHA workplace posting titled “Safety and Health Protection on the Job” was updated in April 2026. The poster summarizes key workplace safety and health obligations under California law and must be displayed in a conspicuous location where employee notices are customarily posted. Failure to display the notice may result in penalties.

The posting reminds employers of their obligation to provide safe and healthful workplaces, comply with applicable Cal/OSHA standards, and maintain an effective written Injury and Illness Prevention Program (IIPP). It also emphasizes that employees and their authorized representatives must have access to the IIPP. Employers should confirm their IIPP is current, implemented, and supported by documentation, including records demonstrating that employees have been trained on hazards specific to their job assignments.

More

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Bills

Here’s a look at bills WECA is supporting and opposing, which had votes in the last week.

AB 1707 (Davies, R) Introduces provisions for electricians to apply for certification and exams electronically, and also renew certifications online. Additionally, it allows individuals who fail the certification exam to promptly re-register and retake it at the next available slot. (Based on  02/04/2026 text)

Votes: 03/18/26 - ASM. L. & E.  (Y:7 N:0 A:0) (P)

05/14/26 - ASM. APPR.  (Y:15 N:0 A:0) (P)

WECA Position: Support

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AB 1809 (Fong, D) This bill would make permanent job order contracting for school and community college districts. Job order contracting allows these districts to hire contractors for project management through a simplified process, provided they have a PLA that covers all public works exceeding a specified monetary threshold. (Based on 03/23/2026 text)

Votes: 03/18/26 - ASM. ED.  (Y:7 N:0 A:1) (P)

04/14/26 - ASM. HIGHER ED.  (Y:6 N:3 A:1) (P)

05/13/26 - ASM. APPR.  (Y:12 N:3 A:0) (P)

05/18/26 - ASM. THIRD READING  (Y:57 N:11 A:12) (P)

WECA Position: OUA (Oppose unless amended)

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AB 1859 (Ortega, D) This bill requires that awarding bodies or owners grant access to joint labor-management committees (JLMCs) to "investigate" prevailing wage and apprenticeship violations. These committees can take legal action if access is denied. Additionally, the bill specifies that courts may impose civil penalties for violations. (Based on 05/18/2026 text)

Votes: 03/18/26 - ASM. L. & E.  (Y:7 N:0 A:0) (P)

04/07/26 - ASM. JUD.  (Y:9 N:3 A:0) (P)

05/14/26 - ASM. APPR.  (Y:11 N:3 A:1) (P)

WECA Position: OUA (Oppose unless amended)

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AB 2152 (González, Mark, D) This bill makes “essential local fire station projects” eligible for judicial streamlining under the California Environmental Quality Act (CEQA) only if they have a PLA with a $50,000 threshold for any construction. (Based on 05/18/2026 text)

Votes: 04/13/26 - ASM. NAT. RES.  (Y:13 N:0 A:1) (P)

04/23/26 - ASM. EMERGENCY MANAGEMENT  (Y:6 N:1 A:0) (P)

05/14/26 - ASM. APPR.  (Y:11 N:0 A:4) (P)

WECA Position: Oppose

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AB 2231 (Ahrens, D) This bill would exempt from CEQA hospital projects located in the City of Emeryville or the City of Santa Clara. The bill would require, before a lead agency determines that a hospital project is exempt from CEQA, that a project applicant certify to the lead agency that the project complies with certain labor requirements, including payment of prevailing wages and use of STW. AB 2231 creates a system where workers on PLA projects are afforded fewer rights, fewer remedies, and less transparency than those on non-PLA projects. This is not a pro-worker policy—it is a carveout that replaces public enforcement with private arbitration and strips workers of long-standing statutory protections. (Based on 04/22/2026 text)

Votes: 04/20/26 - ASM. NAT. RES.  (Y:14 N:0 A:0) (P)

05/06/26 - ASM. APPR.  (Y:14 N:0 A:1) (P)

05/11/26 - ASM. THIRD READING  (Y:70 N:1 A:9) (P)

WECA Position: OUA (Oppose unless amended)

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AB 2717 (Caloza, D) This bill would require, for an outdoor advertising display authorized pursuant to the exemption and on which construction commences on or after January 1, 2027, the payment of at least the general prevailing rate of per diem wages to all construction workers employed in the execution of the project, and the use of a skilled and trained workforce to complete the project and provisions that undermine longstanding, transparent labor law enforcement in California. (Based on 05/18/2026 text)

Votes: 04/22/26 - ASM. G.O.  (Y:22 N:0 A:0) (P)

05/14/26 - ASM. APPR.  (Y:11 N:0 A:4) (P)

WECA Position: Oppose

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AB 2748 (Quirk-Silva, D) Exempts new or existing affordable housing projects for which a permit application is submitted between January 1, 2025, and December 31, 2035, from specified electric vehicle (EV) charging receptacle installation requirements in the 2025 California Green Building Standards Code, including any subsequent editions, and instead requires the affordable housing project to comply with the EV charging receptacle installation requirements in the 2022 edition of the California Green Building Standards Code. (Based on 05/18/2026 text)

Votes: 04/22/26 - ASM. H. & C.D.  (Y:8 N:0 A:4) (P)

05/14/26 - ASM. APPR.  (Y:13 N:2 A:0) (P)

WECA Position: Support

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SB 909 (Smallwood-Cuevas, D) This bill would exempt contractor DIR registration fee adjustments from the APA, remove the $800 cap, and eliminate the publishing requirement. It also mandates that contractors who violate prevailing wage laws face increased penalties, with 50% of the penalties directed to the State Public Works Enforcement Fund. SB 909 would increase daily civil penalties for prevailing wage, certified payroll, and related violations. This increases further potential financial exposure for contractors, even for clerical or unintentional errors. Prime contractors remain liable for subcontractor compliance, compounding the risk. (Based on 05/14/2026 text)

Votes: 03/25/26 - SEN. L., P.E. & R.  (Y:4 N:1 A:0) (P)

04/14/26 - SEN. JUD.  (Y:11 N:1 A:1) (P)

04/27/26 - SEN. APPR.  (Y:7 N:0 A:0) (P)

05/14/26 - SEN. APPR.  (Y:5 N:2 A:0) (P)

WECA Position: OUA (Oppose unless amended)

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SB 954 (Blakespear, D) Bill narrows eligibility and imposes a series of new requirements to use a CEQA exemption for advanced manufacturing projects. These include additional setback standards, community benefit agreements, zero-emission backup generation mandates, stringent air limits, LEED Gold certification, and even a requirement for gubernatorial certification. (Based on 05/14/2026 text)

Votes: 04/15/26 - SEN. E.Q.  (Y:5 N:2 A:0) (P)

04/22/26 - SEN. L., P.E. & R.  (Y:4 N:1 A:0) (P)

05/04/26 - SEN. APPR.  (Y:7 N:0 A:0) (P)

05/14/26 - SEN. APPR.  (Y:5 N:2 A:0) (P)

WECA Position: OUA (Oppose unless amended)

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SB 1145 (Grayson, D) Excludes from the Surplus Land Act dispositions for military base reuse projects and streamlines environmental review for the Concord Community Reuse Project. (Based on 04/28/2026 text)

Votes: 04/15/26 - SEN. L. GOV.  (Y:7 N:0 A:0) (P)

04/22/26 - SEN. E.Q.  (Y:7 N:0 A:0) (P)

05/11/26 - SEN. APPR.  (Y:7 N:0 A:0) (P)

05/14/26 - SEN. APPR.  (Y:7 N:0 A:0) (P)

05/19/26 - SEN. Senate 3rd Reading  (Y:39 N:0 A:1) (P)

WECA Position: OUA (Oppose unless amended)

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SB 1154 (Reyes, D) This bill gives "best value" contracting option to community college districts for projects over $1,000,000. It includes bad safety language and STW mandates unless covered by a PLA. It mandates a report to the Legislature by January 1, 2030, on its utilization. These provisions will expire on January 1, 2031. (Based on 02/18/2026 text)

Votes: 04/08/26 - SEN. ED.  (Y:5 N:2 A:0) (P)

05/19/26 - SEN. Senate 3rd Reading  (Y:29 N:9 A:2) (P)

WECA Position: Oppose

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SB 1165 (Caballero, D) SB 1165 strengthens tax enforcement by authorizing the California Department of Tax and Fee Administration (CDTFA) to coordinate with the Contractors State License Board (CSLB) to ensure contractors settle unpaid taxes. (Based on 04/16/2026 text)

Votes: 04/13/26 - SEN. B., P. & E.D.  (Y:11 N:0 A:0) (P)

04/22/26 - SEN. REV. & TAX  (Y:5 N:0 A:0) (P)

05/07/26 - SEN. Consent Calendar 2nd  (Y:36 N:0 A:4) (P)

WECA Position: Support

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SB 1185 (Cortese, D) The bill extends the skilled and trained workforce (STW) requirement to facilities related to pharmaceutical research, development, and production. It mandates monthly compliance reports to the Labor Commissioner. If contractors or subcontractors violate this workforce requirement, they face civil penalties of up to $5,000 per month for a first violation and up to $10,000 per month for subsequent violations. (Based on 05/14/2026 text)

Votes: 04/15/26 - SEN. L., P.E. & R.  (Y:4 N:1 A:0) (P)

05/04/26 - SEN. APPR.  (Y:7 N:0 A:0) (P)

05/14/26 - SEN. APPR.  (Y:6 N:1 A:0) (P)

05/19/26 - SEN. Senate 3rd Reading  (Y:29 N:7 A:4) (P)

WECA Position: OUA (Oppose unless amended)

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SB 1241 (Smallwood-Cuevas, D) The new bill broadens the circumstances in which skilled and trained workforce requirements apply and includes additional changes. It prohibits the waiver of penalties if monthly compliance reports are incomplete or false. The bill also considers whether a contractor submitted and followed a compliance plan when determining penalties. Additionally, a contractor or subcontractor found guilty of material misrepresentation becomes ineligible for public works contracts. The Commissioner must investigate complaints about workforce violations from labor-management committees. (Based on  05/14/2026 text)

Votes: 03/25/26 - SEN. L., P.E. & R.  (Y:4 N:1 A:0) (P)

04/13/26 - SEN. APPR.  (Y:7 N:0 A:0) (P)

05/14/26 - SEN. APPR.  (Y:6 N:1 A:0) (P)

WECA Position: OUA (Oppose unless amended)

In This Edition:

·        Impact of Cemex

·        Senate Leader Drinks Kool-Aid

·        Gallego Follows Patel’s Model

·        Hope for Diablo?

·        Trump PLA Policy Wins

·        Utah Water Emergency

·        No Chips for You!

Cemex Construction Materials Pacific, LLC v. NLRB

The recent Ninth Circuit decision in Cemex Construction Materials Pacific, LLC v. NLRB is a major development for WECA contractors in California because it left in place a new, more union-friendly framework for organizing workplaces. The court refused to weigh in on the new National Labor Relations Board’s “Cemex” standard, which allows a union to demand recognition based on signed authorization cards—without first going through a traditional secret-ballot election. If an employer refuses that demand, they must promptly petition for an election, but even minor unfair labor practice findings during that process can result in the Board ordering the employer to recognize and bargain with the union anyway.

For contractors, the practical effect is a much narrower margin for error during any organizing effort. Routine management communications, missteps by supervisors, or allegations of interference, whether intentional or not, can now carry far greater consequences. Under the Cemex framework, those issues can effectively bypass an election entirely and trigger mandatory union recognition. This raises the stakes significantly compared to the prior standard, where elections were the default mechanism and remedies for employer violations were less likely to result in automatic recognition.

In California, a state which is already a highly regulated and labor-friendly environment, the decision adds another layer of risk for open-shop contractors. Construction firms, which often rely on decentralized jobsite supervision and rapidly shifting crews, may be especially vulnerable to claims of unfair labor practices during organizing campaigns. The ruling underscores the need for heightened training, careful communication protocols, and early legal guidance whenever organizing activity is suspected.

In short, the Ninth Circuit’s failure to overturn the NLRB’s Cemex standard shifts the balance of power toward unions by making it easier to secure recognition and harder for employers to rely on elections as a safeguard. For WECA contractors, it means that preparation, compliance, and disciplined responses to organizing efforts are now more critical than ever.

The implications of the Cemex decision could be significantly amplified if Congress enacts the Faster Labor Contracts Act (FLCA) (H.R. 5408 / S. 844). As discussed, Cemex lowers the threshold for union recognition by allowing card-check demands to trigger either rapid elections or, in the event of alleged employer missteps, mandatory recognition. FLCA would pick up where Cemex leaves off—imposing strict timelines for first-contract negotiations and, if no agreement is reached, requiring binding arbitration to set the terms of a collective bargaining agreement.

Together, these policies would create a compressed and high-risk pathway for non-union contractors: from organizing drive, to recognition, to a government-imposed contract in a matter of months. For contractors operating in California’s already labor-intensive regulatory environment, this combination would significantly reduce the ability to rely on traditional safeguards such as secret-ballot elections and extended good-faith bargaining. Instead, even minor alleged unfair labor practices could accelerate the process toward both union recognition and binding contract terms determined by a third party.

While FLCA faces meaningful legislative hurdles, particularly the 60-vote threshold in the U.S. Senate, it remains a live issue. A successful discharge petition in the House could force a floor vote, and bipartisan sponsorship suggests continued momentum. For open-shop contractors, the takeaway is clear: the evolving federal labor landscape is trending toward faster organizing timelines and reduced employer flexibility, making proactive compliance, supervisor training, and early-response strategies more important than ever.

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SB 1256: Judicial Reform or Special Interest Bargaining Chip?

California has no shortage of obstacles to housing development. Between environmental review, local opposition, financing challenges, and litigation, even modest residential projects can spend years trapped in procedural limbo before a single foundation is poured. Senate Bill 1256 by State Senator Brian Jones was originally presented as an effort to address one narrow but increasingly common abuse of the development process: repetitive litigation.

The bill seeks to prevent plaintiffs from bringing a second lawsuit under the Subdivision Map Act after substantially similar claims have already been litigated under the California Environmental Quality Act (CEQA). According to the author, some opponents exhaust every CEQA claim against a housing project and then pivot to Map Act litigation to continue delaying or obstructing construction. SB 1256 attempts to establish that once those claims have been fully adjudicated, substantially similar challenges cannot simply be repackaged and relitigated under a different statute.

On its face, that is a legitimate public policy discussion. California’s courts are overloaded, housing projects routinely face years of delay, and duplicative litigation can become less about environmental protection and more about attrition. Reports surrounding the Harmony Grove Village South development in San Diego County, which is widely believed to be the catalyst for the bill, illustrate the frustration project applicants experience when litigation appears effectively endless.

Unfortunately, recent amendments to SB 1256 took the bill in an entirely different direction.

Rather than establishing a uniform legal standard applicable to all qualifying projects, the bill now conditions those litigation protections on the adoption of a Project Labor Agreement (PLA). In other words, a developer may only receive protection from duplicative litigation if they agree to a union-only labor framework for the project.

That changes the bill from a judicial efficiency measure into something far more troubling: a legislative exchange in which access to legal certainty is conditioned on granting special-interest economic concessions.

There is simply no logical connection between repetitive litigation and mandatory PLAs. A project either deserves protection from duplicative lawsuits because repetitive litigation is abusive, or it does not. The legal principle should apply equally regardless of whether a project uses union labor, merit shop contractors, or a mix of both.

Instead, SB 1256 creates a two-tiered system. Developers willing to sign a PLA receive procedural advantages unavailable to developers who choose open competition. That should concern anyone who believes California’s laws should operate neutrally rather than reward politically favored labor structures.

That outcome directly conflicts with California’s stated goals of expanding housing production and increasing opportunities for small and emerging contractors. At a time when policymakers routinely discuss affordability, workforce shortages, and supplier diversity, SB 1256 runs counter to this by tying legal protections to exclusionary labor mandates.

Perhaps most concerning is the precedent this establishes. If the Legislature can condition protection from duplicative litigation on a PLA today, what comes next? Will expedited permitting, CEQA streamlining, tax incentives, financing assistance, or other legal protections similarly become contingent upon adopting favored labor agreements?

Judicial reforms should be based on sound legal principles, not leveraged as bargaining chips for special interests.

If duplicative CEQA and Map Act litigation is truly a statewide problem, then the solution should apply equally to all projects meeting the legal standard. California should not create a system where developers must effectively purchase access to legal certainty by surrendering control over workforce decisions.

WECA supports fair and open competition. We support efforts to reduce abusive litigation tactics that unnecessarily delay housing construction. But those reforms must apply uniformly, not only to projects willing to grant unions exclusive control over construction labor.

SB 1256 began as a discussion about judicial efficiency. It is rapidly becoming a case study in how even broadly supported reforms in Sacramento can be transformed into vehicles for expanding PLA mandates.

WECA members are encouraged to contact Jones and share their concerns.

·        Sacramento: (916) 651-4040

·        Escondido: (760) 796-4655

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Ruben Gallego’s CODEL Antics Raise Eyebrows

(A CODEL is a COngressional DELegation, which is an official trip taken by Members of Congress to meet with leaders outside of Washington, both in the United States and abroad.) Multiple sources said that the Arizona Democrat’s behavior on a government trip to Colombia last summer raised concerns among U.S. officials. Embassy staff in Bogotá became aware of what they believed was a credible threat to his life and dispatched security personnel to meet Gallego and pick him up after dinner. After a discussion, Gallego decided to stay out, eventually walking to a nearby nightclub where he stayed until the wee hours.

At the club, Gallego and his chief of staff texted multiple embassy staff members, inviting them to join. At least one female embassy employee told her State Department colleagues about the outreach, Reese reports. It is unclear whether any staff took Gallego and his aide up on their offer, and there are no allegations that Gallego engaged in inappropriate behavior with any embassy staff member.

The next morning, Gallego did not show up for a scheduled bus that was set to take members of the traveling party to the airport for their return flight. The chief of staff had to get a copy of Gallego’s hotel key and get him from his room.

Gallego’s response: The senator “coordinated closely with embassy security throughout the trip, including on the evening in question, and followed all security guidance,” a spokesperson said. “While at dinner at the conclusion of a successful congressional delegation trip, the Senator and his Chief of Staff invited Embassy staff to join them, a common way to recognize the work of those who support these visits.”

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Watt’s Next?

A coalition of business, labor, and energy groups announced the creation of Diablo Canyon 2045, an alliance of 25 organizations that hopes to push legislators to extend the Diablo Canyon Power Plant’s operations beyond its current 2030 limit to 2045. The announcement signals that Diablo Canyon supporters intend to pressure the California Legislature to pass a bill this year to extend operations. The coalition includes the Bay Area Council and a bevy of other regional business groups, the International Brotherhood of Electrical Workers local 1245, which represents workers at the plant, and pro-nuclear advocacy groups like Mothers for Nuclear and the Clean Air Task Force.

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Court Affirms Biden-Era PLA Mandate

Former President Joe Biden’s project labor agreement mandate has won another battle, further cementing it as policy even after President Donald Trump’s administration took office.

The U.S. Court of Appeals for the Eleventh Circuit on Tuesday affirmed the denial of a preliminary injunction to halt the PLA mandate, which impacts projects receiving $35 million or more in federal funding. Associated Builders and Contractors and its Florida First Coast chapter filed the appeal for an injunction.

In the decision, Chief Judge William Pryor said the appeal would likely fail because the Office of Management and Budget issued a memo confirming that the Biden-era order would remain in effect, even under the Trump administration.

ABC has long opposed the requirement of PLAs, saying the mandate unfairly locks out nonunion builders from winning federal contracts. In a statement shared with Construction Dive, ABC President and CEO Michael Bellaman said the group will continue to fight against the mandate.

“At no point, under any administration, have federal contractors ever been prevented from voluntarily entering into a PLA when such an agreement makes sense for their workforce,” Bellaman said. “Every qualified contractor should have the opportunity to build America.”

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Cox Says Utah Drought Declaration is “Coming fairly soon.”

Utah’s water landscape doesn’t look good. After an abysmally low winter for snow, 100% of the state is already in drought. Plus, negotiations on the future of the Colorado River are still going nowhere. Gov. Spencer Cox thinks that grim reality could actually lead to more cooperation on the future of the Colorado River. One of the main sticking points is that nobody at the table could agree on what would happen in a worst-case scenario. Story

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Worker Microchipping Laws Enacted in Dozen States

At least 11 states have laws in effect prohibiting employers from requiring employees to be implanted with a microchip or other permanent identification marker as a condition of employment (Damn! Another great HR idea squashed!), according to LexisNexis® data. Washington enacted a worker microchipping ban (HB 2303) this year that takes effect on June 11, and three other states considered bills dealing with worker microchipping. Story