PRSRT STDU.S. POSTAGE

P A I DMAIL U.S.A.

Nebraska Land ImprovementContractors Association10232 North 185th CircleBennington, NE 68007

Change Service Requested

Thank you nmc

NLICA members enjoying the day. Top left: Executive Director, Patti McArdle, thanks NMC representatives

Kenny Sims, Erin Howard, and Jeremy Slechta for inviting NLICA to their tailgate.

A good time was had by all who attended the NMC tailgate event on Oct. 5, 2013 in Lincoln. The hospitality provided was excellent as members enjoyed food and drink before and during the game. There were several members who stopped in to visit before going to the Nebraska VS Illinois game and many stayed in the tent to watch the game on big screens in a heated environment. NLICA extends thanks to NMC for inviting our association as their special guest to this fun event.

official noTice

Two meetings will be held Saturday, November 2, 2013 at the Holiday Inn Convention Center in Kearney, Nebraska.

1:00 P.M. Convention committee will meet to review all details of the 2014 Convention with the facility staff. Committee consists of: President, Vice President, Treasurer, Ladies Chair, Associate Chair and Executive Director.

6:00 P.M. NLICA Board Meeting If you are unable to attend please contact the Executive Director.

award nominee requesT

Awards to be presented at the 55th convention in January of 2014 are: NRCS Dedicated Service Award, NRD Outstanding Leadership Award, along with Contractor and Mrs. Contractor of the Year. If you know of someone deserving of these awards please submit their name to the convention committee.

Vol. 20, No. 10 The Nebraska Land Improvement Contractors Association October 2013

DATES TO REMEMBER: November 2, 2013 Convention Planning Mtg. NLICA Board Meeting Holiday Inn Convention Center Kearney, NE

January 14-17, 2014 55th Annual Convention Holiday Inn Convention Center Kearney, NE

March 1-3, 2014 Natl. LICA Convention Riviera Hotel & Casino Las Vegas, NV

March 4-8, 2014 CONEXPO Las Vegas, NV

IN THIS ISSUE: Thank You NMCOfficial NoticeAward NominationsPresident's MessageWelcome New MemberExecutive Director NoteDues are DueTaxpayer ArticleUnion BailoutNLRB View

Relations Act of 1935 (The Wagner Act), and it goes to heart of our nation's commitment to the rule of law and our insistence that high ranking political appointees adhere to it (1).

Republicans and Democrats have opposing views about the act. This is not new, but it has become increasingly polarizing with the Obama Board. Under the Republican view, the board is required to be neutral on the question of unionization. Under the Democrat view, the board is charged with favoring the interests of one side – the unions – to promote collective bargaining.

The former view has the support of the Supreme Court, which has ruled that the act is "wholly neutral" on the question of unionization. The latter view has the support of organized labor which is alarmed by the loss of union numbers in the private sector and longs for the 1930's and '40's when the Wagner Act reigned supreme, unions had only rights, not obligations, and workers and their employers were restricted in their ability to oppose unionization.

The Wagner Act was changed by the 1947 Taft-Hartley Act which established the principle of workplace democracy as the cornerstone of labor law. Under the Wagner Act only an employer could commit an unfair labor practice, but Taft-Hartley added union unfair labor practices to the rules. Taft-Hartley also gave workers

the "right to refrain" from union organizing activity, and recognized an employer's right to non-coercively express its opposition to a union .

The union-side members of the NLRB share organized labor's view of the law. They use the act's objective "to encourage the practice and procedure of collective bargaining" to trump specific provisions of the amended law, even though the Supreme Court has already weighed in on the other side of this issue.

Two members of the current NLRB, Sharon Block and Richard Griffin, have also been declared by the US Court of Appeals for the DC Circuit to be "non-members" without authority to act. Nevertheless, the NLRB has continued to issue decisions not recognizing any limits to its authority. The current NLRB has no Republican members, all are Democrats. In light of its response to a federal court nullifying its authority, it is no wonder that people subject to the board's jurisdiction question its fairness.

This is about our respect for the rule of law and our willingness to insist that high-ranking political appointees adhere to it. The current administration and the NLRB members do not.

Reference 1. Schaumber, Peter, Restoring fairness to labor relations: the NLRB's curious definition of what's fair to employers, The Washington Times, 1 JUL 13, p B3. Schaumber is a former chairman of the NLRB.

State Officers

President norma lashley

Curtis, ne (308) 367-4336

Vice-President ray Cooney

Walthill, ne (402) 846-5969

Treasurer riCk VlaCh

scotia, ne (308) 245-4165

Directors

Area I matt pruss Fremont, ne

(402) 693-2517

Area II Wayne nelson

Valparaiso, ne (402) 784-2702

Area III Jon Wurtele

norfolk, ne (402) 750-7355

Area IV Duane ColgroVe

odell, ne (402) 766-4127

Area V teD lashley

Curtis, ne (308) 367-4336

Area VI merle aDams arapahoe, ne (308) 962-7456

Director at Large toDD harDers

Cario, ne (308) 485-4441

Director at Large steVe krieWalD

scotia, ne (308) 219-0454

Director at Large Dean stienmetz

torrington, Wy (307) 532-5379

Past President Jim WemhoFF

platte Center, ne (402) 246-3955

Executive Director patti mcarDle Bennington, ne (402) 289-2489

e-mail: mCarDlepJ@msn.com

The Nebraska LICA News is the official Publication of the Nebraska Land Improvement Contractors Association, dedicated to the professional conservation of soil and water.

Publisher Publication Printing of Nebraska, Inc.

Editor Patti McArdle

Visit our websitewww.nelica.org

The presidenT's messageHello -

Here we are at the end of summer and it seems the work load just keeps getting bigger. Could be I feel that way because the cold weather is on its way and I know it will be harder to complete all of the open jobs. Hope that all of you are working hard and safe with the shorter days and the need to get finished for the season. Harvest is also in full swing and we will have conservation jobs that will want work done before the end of the year. Again, please don't take chances. It is not worth the risk.

I want to personally thank NMC for the tailgate invitation for NLICA contractors. What a nice place to plan an event. We all enjoy our Nebraska Football.

I would like to ask all of the readers to be thinking about convention in January. We are working hard to make it interesting for everyone. The convention Planning meeting will be here before we know it.

Mark your calendars for the 2014 convention, Jan. 14th – 16th, and remember new members, your convention registration is free the first year after you join. Come and see how much you can learn, and have fun while doing it. You'll be glad you did.

Norma

welcome new member!

The NLICA Board of Directors cordially welcomes the following contractor member recruited by Reg. VI LICA Vice President Brad McArdle.

Ervin Kersten Kersten Construction Co. Gretna, NE

a noTe from The execuTive direcTor

We are into the busy season for NLICA with dues being collected, the convention programs being set up (for both the men and women), the associate participation forms being handled and particulars with the facility being arranged. I enjoy working with all of the people on these details and they make my job run smoothly.

Convention is coming together very nicely. You will be sure to learn a lot by attending our informational sessions and by talking to fellow contractors. Our associates are already inquiring about exhibits and are once again going to help make this event a success with their participation.

I had a fun afternoon with members in Lincoln at the tailgate. Our association has so many great people in it and we are more like family than just friends. This is a trait not many groups can take claim to and one we should all be proud of.

Have a good fall and I will see you in January! Patti McArdle

dues are due

Dues statements for 2014 were sent out Oct. 1, 2013. Please remit as soon as possible in order to continue taking advantage of the many benefits. For a full listing of the LICA benefits please go to our website at www.nelica.org.

Taxpayer's are paying for irs full-Time union

workers.By John Peterson,

LICA Director of Government Relations

Did you know that the Internal Revenue Service (IRS) actually pays the salary (no, we taxpayers pay the salary) of 200 employees who work full time on labor union business? All this even as IRS furloughs employees and cuts back on taxpayer advice under the guise of the budget sequester. As far as I know, this kind of practice takes place only within the federal government. In the private sector, union work and staff are paid for by union dues. I hope state governments are not following the federal lead in this union issue.

Sen. Tom Coburn (R-OK) and Representative Phil Gingrey (R-GA) have written to IRS Acting Commissioner Werfel asking that the IRS stop paying these employees for work that does not benefit the taxpayers. They said "While the IRS continues to request more funding to further close the 14.5% tax gap, especially under the current budget crunch and sequestration, it makes little sense to use taxpayer resources to pay for union work."

Known as "official time," the arrangement allows for federal employees to get paid by the taxpayers even as they perform their union duties. More than 40 of the IRS employees doing union business make 6 figure salaries, and all told there were more than 200 IRS employees serving in 100% "official time" capacity from Jan. 20 through June 6, 2012. This business distorts the federal budget by lobbying internally for union benefits without regard for taxpayer interests. If the unions want their federal union dues, they should have to pay for them. Taxpayers should not be the ones that pay.

All this comes as the IRS has been under fire for not only targeting conservative groups, but also for reports of lavish spending on conferences, and for preparing to pay out $70 million in bonuses to employees even though the administration has told agencies to curtail bonuses in light of the sequester.

This kind of thing makes me think more and more that a "Fair Tax" or even a flat tax is needed. Maybe we could eliminate the IRS. And to think IRS is to be responsible for administering much of Obamacare. Makes no sense at all.

How do we cope in a world where many things governmental make no sense? Lewis Carroll created such a place and called it "Wonderland." Here in the US we may not have Mad Hatter tea parties and disappearing cats, but much of what is happening in our federal government today just doesn't make sense. And it affects us all. We are currently living in an upside-down world it seems.

The union bailouT prevenTion acT, s.1487

By John Peterson, LICA Director of Government Relations

Many of you know that SD Sen. John Thune has been trying to help our SD LICA Members as they deal with MSHA. I don't think there has been any real progress on that concern, but I noticed that Sen. Thune (R-SD) introduced a bill on 9 SEP that should also be of interest to LICA. It is the Union Bailout Prevention Act, S. 1487, and it would prevent the administration from softening the impact of Obamacare on labor unions, that seem to be rethinking their support of the health care law.

Sen. Thune filed the Act as there were reports the administration was looking to find a way to grant government subsidies to offset premium costs for those on multiemployer plans, also known as Taft Hartley plans, which many union members hold. Unions have been trying to parlay their political ties to the administration to get subsidies on top of their employer-based health coverage.

The administration already delayed by one year, to 2015, a mandate requiring firms with 50 or more full-time workers to provide health coverage or pay fines. The Office of Management and Budget (OMB) also ruled that Members of Congress and their staffs can keep a federal subsidy that covers up to 75% of their insurance premiums, even though a provision in the Obamacare Law forces them to acquire coverage on the exchanges. Everyday Americans will not get such a generous subsidy to offset their out of pocket costs.

Sen. Thune said "Now that the full consequences of the health care law are nearing, these same union leaders are seeking a special backroom deal from the White House. Rather than take hard-earned money from taxpayers to subsidize union health care plans, the Administration should give all American's a break by permanently delaying this train wreck."

It would be nice if that would happen. Somehow I am not convinced it will.

opposing views on The naTional labor relaTions

board (nlrb). By John Peterson,

LICA Director of Government Relations

Recently the Senate was urged to approve the president's five nominees to the National Labor Relations Board (NLRB). One argument for approving them is that it would "serve the public interest in good government and the rule of law." It will do no such thing. What is happening at the NLRB now is a lot more than partisan bickering. It is a clash of views on the National Labor

State Officers

President norma lashley

Curtis, ne (308) 367-4336

Vice-President ray Cooney

Walthill, ne (402) 846-5969

Treasurer riCk VlaCh

scotia, ne (308) 245-4165

Directors

Area I matt pruss Fremont, ne

(402) 693-2517

Area II Wayne nelson

Valparaiso, ne (402) 784-2702

Area III Jon Wurtele

norfolk, ne (402) 750-7355

Area IV Duane ColgroVe

odell, ne (402) 766-4127

Area V teD lashley

Curtis, ne (308) 367-4336

Area VI merle aDams arapahoe, ne (308) 962-7456

Director at Large toDD harDers

Cario, ne (308) 485-4441

Director at Large steVe krieWalD

scotia, ne (308) 219-0454

Director at Large Dean stienmetz

torrington, Wy (307) 532-5379

Past President Jim WemhoFF

platte Center, ne (402) 246-3955

Executive Director patti mcarDle Bennington, ne (402) 289-2489

e-mail: mCarDlepJ@msn.com

The Nebraska LICA News is the official Publication of the Nebraska Land Improvement Contractors Association, dedicated to the professional conservation of soil and water.

Publisher Publication Printing of Nebraska, Inc.

Editor Patti McArdle

Visit our websitewww.nelica.org

The presidenT's messageHello -

Here we are at the end of summer and it seems the work load just keeps getting bigger. Could be I feel that way because the cold weather is on its way and I know it will be harder to complete all of the open jobs. Hope that all of you are working hard and safe with the shorter days and the need to get finished for the season. Harvest is also in full swing and we will have conservation jobs that will want work done before the end of the year. Again, please don't take chances. It is not worth the risk.

I want to personally thank NMC for the tailgate invitation for NLICA contractors. What a nice place to plan an event. We all enjoy our Nebraska Football.

I would like to ask all of the readers to be thinking about convention in January. We are working hard to make it interesting for everyone. The convention Planning meeting will be here before we know it.

Mark your calendars for the 2014 convention, Jan. 14th – 16th, and remember new members, your convention registration is free the first year after you join. Come and see how much you can learn, and have fun while doing it. You'll be glad you did.

Norma

welcome new member!

The NLICA Board of Directors cordially welcomes the following contractor member recruited by Reg. VI LICA Vice President Brad McArdle.

Ervin Kersten Kersten Construction Co. Gretna, NE

a noTe from The execuTive direcTor

We are into the busy season for NLICA with dues being collected, the convention programs being set up (for both the men and women), the associate participation forms being handled and particulars with the facility being arranged. I enjoy working with all of the people on these details and they make my job run smoothly.

Convention is coming together very nicely. You will be sure to learn a lot by attending our informational sessions and by talking to fellow contractors. Our associates are already inquiring about exhibits and are once again going to help make this event a success with their participation.

I had a fun afternoon with members in Lincoln at the tailgate. Our association has so many great people in it and we are more like family than just friends. This is a trait not many groups can take claim to and one we should all be proud of.

Have a good fall and I will see you in January! Patti McArdle

dues are due

Dues statements for 2014 were sent out Oct. 1, 2013. Please remit as soon as possible in order to continue taking advantage of the many benefits. For a full listing of the LICA benefits please go to our website at www.nelica.org.

Taxpayer's are paying for irs full-Time union

workers.By John Peterson,

LICA Director of Government Relations

Did you know that the Internal Revenue Service (IRS) actually pays the salary (no, we taxpayers pay the salary) of 200 employees who work full time on labor union business? All this even as IRS furloughs employees and cuts back on taxpayer advice under the guise of the budget sequester. As far as I know, this kind of practice takes place only within the federal government. In the private sector, union work and staff are paid for by union dues. I hope state governments are not following the federal lead in this union issue.

Sen. Tom Coburn (R-OK) and Representative Phil Gingrey (R-GA) have written to IRS Acting Commissioner Werfel asking that the IRS stop paying these employees for work that does not benefit the taxpayers. They said "While the IRS continues to request more funding to further close the 14.5% tax gap, especially under the current budget crunch and sequestration, it makes little sense to use taxpayer resources to pay for union work."

Known as "official time," the arrangement allows for federal employees to get paid by the taxpayers even as they perform their union duties. More than 40 of the IRS employees doing union business make 6 figure salaries, and all told there were more than 200 IRS employees serving in 100% "official time" capacity from Jan. 20 through June 6, 2012. This business distorts the federal budget by lobbying internally for union benefits without regard for taxpayer interests. If the unions want their federal union dues, they should have to pay for them. Taxpayers should not be the ones that pay.

All this comes as the IRS has been under fire for not only targeting conservative groups, but also for reports of lavish spending on conferences, and for preparing to pay out $70 million in bonuses to employees even though the administration has told agencies to curtail bonuses in light of the sequester.

This kind of thing makes me think more and more that a "Fair Tax" or even a flat tax is needed. Maybe we could eliminate the IRS. And to think IRS is to be responsible for administering much of Obamacare. Makes no sense at all.

How do we cope in a world where many things governmental make no sense? Lewis Carroll created such a place and called it "Wonderland." Here in the US we may not have Mad Hatter tea parties and disappearing cats, but much of what is happening in our federal government today just doesn't make sense. And it affects us all. We are currently living in an upside-down world it seems.

The union bailouT prevenTion acT, s.1487

By John Peterson, LICA Director of Government Relations

Many of you know that SD Sen. John Thune has been trying to help our SD LICA Members as they deal with MSHA. I don't think there has been any real progress on that concern, but I noticed that Sen. Thune (R-SD) introduced a bill on 9 SEP that should also be of interest to LICA. It is the Union Bailout Prevention Act, S. 1487, and it would prevent the administration from softening the impact of Obamacare on labor unions, that seem to be rethinking their support of the health care law.

Sen. Thune filed the Act as there were reports the administration was looking to find a way to grant government subsidies to offset premium costs for those on multiemployer plans, also known as Taft Hartley plans, which many union members hold. Unions have been trying to parlay their political ties to the administration to get subsidies on top of their employer-based health coverage.

The administration already delayed by one year, to 2015, a mandate requiring firms with 50 or more full-time workers to provide health coverage or pay fines. The Office of Management and Budget (OMB) also ruled that Members of Congress and their staffs can keep a federal subsidy that covers up to 75% of their insurance premiums, even though a provision in the Obamacare Law forces them to acquire coverage on the exchanges. Everyday Americans will not get such a generous subsidy to offset their out of pocket costs.

Sen. Thune said "Now that the full consequences of the health care law are nearing, these same union leaders are seeking a special backroom deal from the White House. Rather than take hard-earned money from taxpayers to subsidize union health care plans, the Administration should give all American's a break by permanently delaying this train wreck."

It would be nice if that would happen. Somehow I am not convinced it will.

opposing views on The naTional labor relaTions

board (nlrb). By John Peterson,

LICA Director of Government Relations

Recently the Senate was urged to approve the president's five nominees to the National Labor Relations Board (NLRB). One argument for approving them is that it would "serve the public interest in good government and the rule of law." It will do no such thing. What is happening at the NLRB now is a lot more than partisan bickering. It is a clash of views on the National Labor

PRSRT STDU.S. POSTAGE

P A I DMAIL U.S.A.

Nebraska Land ImprovementContractors Association10232 North 185th CircleBennington, NE 68007

Change Service Requested

Thank you nmc

NLICA members enjoying the day. Top left: Executive Director, Patti McArdle, thanks NMC representatives

Kenny Sims, Erin Howard, and Jeremy Slechta for inviting NLICA to their tailgate.

A good time was had by all who attended the NMC tailgate event on Oct. 5, 2013 in Lincoln. The hospitality provided was excellent as members enjoyed food and drink before and during the game. There were several members who stopped in to visit before going to the Nebraska VS Illinois game and many stayed in the tent to watch the game on big screens in a heated environment. NLICA extends thanks to NMC for inviting our association as their special guest to this fun event.

official noTice

Two meetings will be held Saturday, November 2, 2013 at the Holiday Inn Convention Center in Kearney, Nebraska.

1:00 P.M. Convention committee will meet to review all details of the 2014 Convention with the facility staff. Committee consists of: President, Vice President, Treasurer, Ladies Chair, Associate Chair and Executive Director.

6:00 P.M. NLICA Board Meeting If you are unable to attend please contact the Executive Director.

award nominee requesT

Awards to be presented at the 55th convention in January of 2014 are: NRCS Dedicated Service Award, NRD Outstanding Leadership Award, along with Contractor and Mrs. Contractor of the Year. If you know of someone deserving of these awards please submit their name to the convention committee.

Vol. 20, No. 10 The Nebraska Land Improvement Contractors Association October 2013

DATES TO REMEMBER: November 2, 2013 Convention Planning Mtg. NLICA Board Meeting Holiday Inn Convention Center Kearney, NE

January 14-17, 2014 55th Annual Convention Holiday Inn Convention Center Kearney, NE

March 1-3, 2014 Natl. LICA Convention Riviera Hotel & Casino Las Vegas, NV

March 4-8, 2014 CONEXPO Las Vegas, NV

IN THIS ISSUE: Thank You NMCOfficial NoticeAward NominationsPresident's MessageWelcome New MemberExecutive Director NoteDues are DueTaxpayer ArticleUnion BailoutNLRB View

Relations Act of 1935 (The Wagner Act), and it goes to heart of our nation's commitment to the rule of law and our insistence that high ranking political appointees adhere to it (1).

Republicans and Democrats have opposing views about the act. This is not new, but it has become increasingly polarizing with the Obama Board. Under the Republican view, the board is required to be neutral on the question of unionization. Under the Democrat view, the board is charged with favoring the interests of one side – the unions – to promote collective bargaining.

The former view has the support of the Supreme Court, which has ruled that the act is "wholly neutral" on the question of unionization. The latter view has the support of organized labor which is alarmed by the loss of union numbers in the private sector and longs for the 1930's and '40's when the Wagner Act reigned supreme, unions had only rights, not obligations, and workers and their employers were restricted in their ability to oppose unionization.

The Wagner Act was changed by the 1947 Taft-Hartley Act which established the principle of workplace democracy as the cornerstone of labor law. Under the Wagner Act only an employer could commit an unfair labor practice, but Taft-Hartley added union unfair labor practices to the rules. Taft-Hartley also gave workers

the "right to refrain" from union organizing activity, and recognized an employer's right to non-coercively express its opposition to a union .

The union-side members of the NLRB share organized labor's view of the law. They use the act's objective "to encourage the practice and procedure of collective bargaining" to trump specific provisions of the amended law, even though the Supreme Court has already weighed in on the other side of this issue.

Two members of the current NLRB, Sharon Block and Richard Griffin, have also been declared by the US Court of Appeals for the DC Circuit to be "non-members" without authority to act. Nevertheless, the NLRB has continued to issue decisions not recognizing any limits to its authority. The current NLRB has no Republican members, all are Democrats. In light of its response to a federal court nullifying its authority, it is no wonder that people subject to the board's jurisdiction question its fairness.

This is about our respect for the rule of law and our willingness to insist that high-ranking political appointees adhere to it. The current administration and the NLRB members do not.

Reference 1. Schaumber, Peter, Restoring fairness to labor relations: the NLRB's curious definition of what's fair to employers, The Washington Times, 1 JUL 13, p B3. Schaumber is a former chairman of the NLRB.