JUNE 15, 2001

State Government News

Labor Department repeals rule on excessive job absences
Labor Commissioner Cherie Berry (left) has scrapped a department regulation that many business owners have complained about for years – that you can’t say in your personnel manual that someone will be fired for excessive absences, usually stated as so many days in six months and a year. The so-called “6/12” policy was enforced by the state Labor Department under workers' comp law and the Retaliatory Employment Discrimination Act (REDA).

Started under Berry’s predecessor, Democrat Harry Payne, the policy specifically states that a 6/12 policy violates REDA if it counts time an employee is absent on a workers’ comp claim; i.e., the workers comp absences may not be counted as time toward the 6/12 limit. Thus, an employer couldn’t fill a job left vacant by a employee out of work on an open-ended workers comp claim. The policy also required that the employer return the employee to a comparable position (including job functions, advancement opportunities, etc.) when the employee eventually returned to work.

In a recent letter to NCCBI President Phil Kirk, Berry, the first Republican elected to a Count of State office, said she had reviewed and was repealing the 6/12 policy because she concluded it went beyond the intention of state law. “Therefore, I have advised the Department’s Employment Discrimination Bureau, which previously enforced the policy – that it has been repealed, effective immediately. I hope you will join me in letting your members know about this policy change.”

Kirk applauded the move. “Commissioners Berry is to be commended for the common-sense approach to running the Department of Labor. This action again proves the value of having a commissioner of labor who has owned and operated a small business and who has had to meet a payroll.”  

This is the second major business-friendly action taken by Berry since taking office in January. Earlier, she dropped a lawsuit initiated by Payne that challenged a Rules Review Commission finding that the Labor Department under Payne had improperly pursued establishment of ergonomics regulations.

DOT board approves new long-range transportation plan
The N.C. Board of Transportation on Monday adopted a $9.6-billion Transportation Improvement Program (TIP) after eight months of public comment. The plan is the state’s blueprint for transportation funding and establishes priorities for nearly 2,700 projects over the next seven years. During that period, the TIP allocates $8.1 billion for highway construction, $1.2 billion for right-of-way acquisition, $175 million to protect and improve the environment and $140 million to support economic development.

“This plan will help us move forward with critical transportation needs across our state in a practical way by focusing on those issues of most concern to citizens — safety, the environment and fiscal responsibility,” said DOT Secretary Lyndo Tippett.

The plan provides $34 million to install median guardrail along 286 miles of major highways. Traffic engineers estimate that over the past two years at least 28 lives have been saved along sections of highway where DOT has installed these medians.

The TIP sets aside $175 million over the next seven years to protect wetlands, restore streams and preserve wildlife habitats. In addition, more than $120 million in federal and state transportation enhancement funds will be spent to beautify and enhance our state’s natural environment. It also includes an inflation adjustment of 2.7 percent to keep it realistic over time.

In other action, the DOT board awarded contracts totaling $27.1 million for highway improvements in 14 counties across the state. The contracts were for projects in Alleghany, Ashe, Avery, Buncombe, Davie, Edgecombe, Forsyth, Harnett, Iredell, New Hanover, Pender, Pitt, Surry and Yadkin counties. Included were contracts to:

Resurface and improve shoulders on 30.7 miles of Interstate 40 from U.S. 117 south of Wallace in Pender County to N.C. 132 north of Wilmington in New Hanover County. Boggs Paving Inc. of Monroe was awarded the $5.9 million contract. Work begins July 2 with completion scheduled in November.

Build a 3.7-mile section of the U.S.13/N.C. 11 Bethel Bypass from N.C. 30 south of Bethel in Pitt County to the U.S. 64 Bypass in Edgecombe County. Barnhill Contracting Co. of Tarboro was awarded the $12.7 million contract. Work begins July 2 with completion scheduled June 2004.

Build turn lanes at major intersections on 6.4 miles of N.C. 210 from Elliott Bridge Road (S.R. 2045) to U.S. 401 at Lillington in Harnett County. Barnhill Contracting Co. was awarded the $2.1 million contract. Work begins July 2 with completion scheduled June 2002.

Install median guardrail and cable guiderail on 22.9 miles of Interstate 40 from River Hill Road (S.R. 2163) in Iredell County through Davie County to Country Club Road (also known as Shallowford Road) (S.R. 1101) in Forsyth County. Reynolds Fence & Guardrail of Indian Trail was awarded the $954,551 contracts. Work will begin between July 2 and Sept. 15 with completion scheduled 240 days after construction begins.

The board also awarded contracts to replace bridges over:

Buck Swamp on Powell Road (S.R. 1226) east of Rocky Mount in Edgecombe County. Barnhill Contracting Co. was awarded the $382,132 contract. Work begins July 2 with completion scheduled December.

Swannanoa River on Old U.S. 70 (S.R. 2435) in Swannanoa in Buncombe County. Simpson Construction Co., Cleveland, Tenn., was awarded the $885,344 contract. Work begins July 2 with completion scheduled in August 2002.

Yadkin River on Richmond Hill Road (S.R. 1527) in Yadkin County which becomes Rockford Road (S.R. 2221) in Surry County. The river forms the border between Yadkin and Surry counties. Smith-Rowe Inc. of Mount Airy was awarded the $1.9 million contract. Work begins July 2 with completion scheduled in December 2003.

North Toe River on Hanging Rock Road (S.R. 1107) southwest of Ingalls in Avery County. Taylor & Murphy Construction Co. of Asheville was awarded the $853,278 contract. Work begins July 2 with completion scheduled in September 2002.

South Fork New River on Kings Creek Road (S.R. 1308) in Alleghany and Ashe counties. The river forms the border between the two counties. Dane Construction of Mooresville was awarded the $1.4 million contract. Work begins July 2 with completion scheduled in September 2002.

The board also adopted a resolution naming 13.5 miles of Interstate 26 under construction in Madison County from Buncombe County to the Tennessee state line for former Speaker of the North Carolina House of Representatives Liston B. Ramsey.


Board of governors won’t fight suit challenging quotas
The University of North Carolina Board of Governors said Monday that it will not fight a lawsuit that challenges racial, gender and political quotas for membership on the board. Chairman Ben Ruffin said the board will instead ask the General Assembly to repeal the 1971 law that sets aside four seats for minorities, four seats for women and four seats for the minority political party on the 32-member board. Walter Davis, a former member of the board of governors and four other individuals filed the suit in federal court last month challenging the constitutionality of the set asides.


State Energy Office offers free car inspections
Motorists in the Asheville area can have their vehicles inspected free at a car care clinic sponsored by the State Energy Office and the Independent Garage Owners of N.C. The diagnostic check will take place at the Asheville Mall at 3 South Tunnel Road in Asheville from 10 a.m. to 6 p.m. Thursday, Friday and Saturday, June 21-23. The inspections are designed to identify operating inefficiencies but do not take the place of annual state inspections. Qualified technicians will conduct the free tests. During the tests, which take about 15 minutes, technicians will check tire pressure and wear, hoses, belts, air filters, oil and transmission fluid levels, engine performance and emissions. All participants will receive written copies of the inspection results including recommended cost-efficient repairs and maintenance procedures to improve the overall operating condition of each vehicle. In addition, motorists will receive a package of information on vehicle energy efficiency and a tire pressure gauge.