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Vol. 55, Nos. 2710-2743 pp. 1-1158 March 5, 2009 - Nov. 5, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ABC
– Fatalities
See FATALITIES
– OSHA
See specific states
– Affiliated unions
See specific unions or union groups
– Cal., opinions on whether Proposition 209 barring preferences for minorities or women violates equal protection sought (Cal.), 191; Att'y Gen. argues Proposition 209 creates unequal political burden for groups traditionally submitted to bias, 379
– DBEs – Income- and gender-based hiring, coalition urges President to issue E.O. to require on federal construction, supplements existing programs, 255 – Neb., Omaha law designating women and minority-owned business as disadvantaged violates state bar on preferences, implementation suspended, 129 – OFCCP, agency to get more funds, staff, and higher profile but unclear where emphasis will be placed, 746 – Women in construction, OFCCP should hike affirmative action goals for use on federal projects, Democrats tell Solis, 988
– Appointments and personnel changes, Sweeney plans to retire as president when term ends, supporting Trumka to succeed, 175; Sweeney optimistic about new political leadership and initiatives, wants greater unity with CTW and NEA, final BCTD speech, 397; BCTD endorses Trumka, 633
– BCTD – Membership report released, quadrennial convention, 1021 – Nat'l Labor Coordinating Cmte., meeting with President to discuss health care reform and EFCA set, 630 – UBC reunification
See CARPENTERS (UBC)
– Ed. Note: This heading includes federal law and combined state and federal claims. For state law claims, see AGE DISCRIMINATION.
See specific agencies
– Union dues
See DUES, UNION
– Cal., state OSHA shuts down w farms for heat illness and injury prevention violations, meeting on proposed standards upcoming, 1069
– Midwest Farm. Serv., irrigation system installer pleads guilty to violating OSHA rules and fined for trench collapse that killed worker (D. Neb), 213
– Climate change, EPA rule burdensome, use of greenhouse gas emissions offsets and USDA involvement should be included in bill, witnesses say, 335
– Forest Service
– Cal., San Diego Reg'l Airport Auth., staff report on PLAs accepted but terminal expansion proceeds without one, 517
– Apprenticeship programs, workers who enroll get significant pay hikes even if training not completed, study, 29
– Legislative and regulatory roundup, 63 – Stormwater discharges, EPA proposing to extend expiration date for general permit, 1088 – Trades training, bill making experimental program to help unemployed and underemployed workers get better jobs permanent passed, 348
– Discrimination
See GUEST WORKERS
See VISAS
– Benefit contributions, steel erector that did work assigned to another firm that was IW pact signatory liable for delinquencies (E.D. Mich.), 1153
– Double-breasting
– – Drywall contractor liable to UBC pension fund for using to evade liability (S.D.N.Y.), 891
– – IUPAT failed to show nonunion contractor bound by pact with related firm that used nonunion firm workers (9th Cir.), 88 – – Nonunion flooring contractor jointly liable for unpaid contributions, intent to avoid not key factor (N.D. Cal.), 851 – Fringe benefits, subcontractor and general contractor responsible for making contributions to union benefit funds (6th Cir.), 963 – LMRA, IBEW may pursue claim for using related firm to avoid unfavorable grievance decision and evade multiemployer plan contributions (W.D. Pa.), 120 – Multiemployer funds, drywall owner not liable where financial woes related to market decline and lender bankruptcy (D. Minn.), 149 – Nonunion firm formed after bankruptcy, nonunion crane rental firm liable but arbitrator calculation of damages drew from essence of IUOE pact, must be enforced (N.D. Ind.), 441 – Piercing corporate veil, owner who created 3 firms to evade UBC Local 94 pact duties personally liable for benefit contributions and union wages (NLRB), 188 – ULPs, plumbing contractor firing workers who met with union organizer and creating other firms to avoid duties violated NLRA (NLRB ALJ), 413 – Unity of interest, adherence to separate corporate existence of firms would sanction fraud or promote injustice, jointly liable to pension and welfare funds (7th Cir.), 893
– Meetings
– BIA
See NATIVE AMERICANS
– Buy America provision, OMB issues interim final guidance, bars use of funds for public projects unless all materials produced in U.S., 173; new guidelines published, 288; Cal. will be able to restart infrastructure projects after selling bonds backed by stimulus package, 308; Canadian officials meet with U.S. lawmakers to inform of destructive effect on trade and investment, 498; Chamber of Commerce urges OMB to clarify application to state and local governments, costing jobs now, 530; Brady (R-Tex) and Boustany (R-La) seeks joint hearing on ARRA provisions, 630; U.S. Chamber of Commerce urges not applying to state and local government contracts, 631; EPA revises conditions for granting waivers, applies to incidental de minimis components of infrastructure projects, 780; Int'l Trade Minister meets with Commerce Sec'y and USTR to discuss Canadian proposal to ease restrictions, 919; Obama reassures Canadians that solutions to friction possible, 960
– Consumer Assistance to Recycle and Save Act – DOL, OIG will focus on overseeing expenditures during upcoming 6 months, semiannual report, 469 – Energy efficiency in public buildings, stimulating job growth in construction and real estate is key goal, acting GAO administrator says, 283 – EPA, OIG will work with states to ensure that ARRA funds used properly, prevent fraud, 248; half of new jobs created in highest funded states, report, 435 – Federal contractors, OFCCP part of DOL initiative targeting stimulus fund recipients for special audits, 746; recipients trained on affirmative action and EEO duties, construction industry should expect greater scrutiny, regional directors say, 748 – Funding duties, Oberstar (D-Minn) says all 50 states met requirement that at least half of highway and transit funds be committed, 1020 – FY2010 budget plan
See GREEN JOBS
– Hanford Site – High speed rail network linking cities, Midwest governors and Chicago mayor urge DOT to approve funds to build, 265 – Ilbiasa Solar, building of concentrating solar power plant in Ariz. starts, seeking public and private financing, Treasury Dep't must issue guidelines before stimulus funds available, 305 – Job creation and savings, direct and indirect, stimulus-funded programs, Biden report, 1149 – Jobs created, Recovery Accountability and Transparency Board report, Sept., 2009, 1087 – Jobs, Solis says 150,000 jobs created or saved by funding programs, projects, and construction, 397; paying prevailing wages fundamental to creating middle class jobs, putting stimulus funds into covered projects key, Ayers says, 436 – Mich., bill authorizing state to spend stimulus funds on prioritized projects signed, 62 – National Defense Authorization Act – Physical infrastructure
See INFRASTRUCTURE
– Procurements, grants, and funding, DOJ announces iniative to insulate from collusion and fraud, prosecution for those who abuse, 363 – Projects, some effect on market but potential not reached because awards slower than expected, AGC survey, 751 – Public works, President announces plans to boost stimulus spending to create jobs, includes 300 construction and renovation projects, GOP challenging, 501 – Reporting requirements, OMB announces updated web site and new plans for projects around the U.S., 563 – States' use of funds
See specific states
– Volunteer youth labor programs, no Davis-Bacon Act exceptions unless provided in funding bill, DOL opinion letter, 493; provision removed from FY2009 supplemental spending bill, 527 – Weatherization, Nev. state senator introduces bill requiring prevailing wages on work done with federal stimulus funds, 60; signed, 545; DOL to decide whether community program workers must be paid prevailing wage rates for energy audits and weatherization repairs shortly, 557; DOL conducting survey to collect data on pay and benefits on residential projects in progress or finished between 4/2008 and 3/2009, 624; Davis-Bacon Act requirements pose roadblock to programs to make low-income housing more energy efficient, NAHB says, 662; Treasury Dep't authorized to issue grants to states for low-income housing projects in lieu of tax credits, 705; DOL issued wage determinations for DOE work on residential projects, 837; new rules that did not previously apply stymies state officials, causes uncertainty about inaccurate wage rates, 991; sizable increase in well-trained green retrofit workers needed to achieve efficient and healthy home retrofits, report, 1085; DOL will make grant to LIUNA to train residents on residential energy efficiency weatherization, pact attained with N.Y. weatherization provider, 1142 – Workforce development, ETA urges state and local agencies to revise plans to reflect economy, use new funding to increase services for needy workers, especially lower income, 114
– Regarded as disabled, welder has no claim where pregnancy not considered disability (W.D. Ky.), 371
– Bid rigging, bribery, fraud, and tax offences, electrical subcontractor sentenced for kickbacks to win superfund site contracts, ordered to reimburse EPA (D.N.J.), 629
– Cal., citizens and unions may not bring unfair competition claims for using subcontractors who don't pay prevailing wages on public works (Cal. Ct. App.), 340 – Sherman Act
See SHERMAN ACT
– Educational loan, bankruptcy status does not relieve apprentice of duty to repay UBC funding to pay for participation (S.D. Ill.), 298
– Electricians, ERISA does not bar Mich. law setting ratio and equivalency requirements (U.S., rev den), 107; state inspectors to start enforcing ratios, 155 – ETA programs – Fall protection, school-based training seems effective but should be hands-on and in real-world situation, researcher says, 24 – Falsifying work reports, IBB program firing not arbitrary or capricious but may pursue claim for ending ERISA plan participation (D. Mass.), 16 – Grants
See GRANTS
– San Francisco Bay area, IBEW Local 595 signs pact to get training on green technology at DOE laboratory, 1146 – State and local programs
See specific states
– ADR
– Scope of pact, arbitrator exceeded power in finding firm not required to make benefit contributions for nonmembers in bargaining unit (D.N.J.), 19 – Travel pay, panel exceeded authority in resolving grievance against contractor more than 30 days of learning of facts (6th Cir.), 569 – Vendetta, award to contractor for UBC most favored nation violations upheld but may not get damages after pact end (N.D. Ill.), 355 – Waiver, plumbing contractor that endorsed arbitration panel authority may not challenge after decision (N.D. Ill.), 1055
– ARRA, first road projects awarded contracts, state engineer estimates costs savings, bids opened on 21 other projects, 451
– E-Verify, IRCA does not preempt state law requiring use and revoking licenses of firms that hire undocumented workers (9th Cir., en banc rev den), 90; solicitor general invited to file brief expression government view (U.S., brief sought), 1150 – EFCA, ballot initiative preempting proposed federal law on Nov. ballot, 794 – Fall protection
See FALL PROTECTION
– Renewable energy, state may levy surcharges and tariffs on taxpayers to fund projects (Ariz. Super. Ct.), 1030 – Toll roads, state senate to take up bill passed by house of delegates allowing contracts with private firms to construct, 265
See DEFENSE DEPARTMENT (DOD); FEDERAL CONTRACTS AND CONTRACTORS
– Military Construction and Veterans Affairs Appropriations Act, 2010
– County J/Highway 164 corridor, Wis. and U.S. must reconsider project because Clean Water Act permits wrongly issued (E.D. Wis.), 967
– Falsely representing qualifications of safety monitors on job sites, consulting firm executive pleads guilty (S.D.N.Y.), 532; second official sentenced , 924 – FY2010 budget, administration proposal cuts funding for civil works program, does not include funds for existing unfinished projects in FY2009 budget, Senate panel says, 564
– Accepting cash bribes for helping landlord avoid enforcement, DOJ complaint against Chicago environmental compliance inspector (N.D. Ill.), 1146
– Cancer, substantial evidence supported jury finding that exposure to joint compound contributed to death but allocation of fault to apportion award improper (Cal. Ct. App.), 301 – Champion Envt'l Servs., no abuse of discretion where SMWIA pension fund suspended retired worker's benefits while working on abatement (E.D. Va.), 605 – Charlie Brown Servs., removal contractor sentenced for concealing number of workers and nature of work to avoid workers' compensation premiums (N.D.N.Y.), 760; accountant enters guilty plea, 1143 – Clean Air Act, retrial of San Diego utility for violating work practice standards starts, key evidence of asbestos-containing material inadmissible (S.D. Cal.), 926; criminal charges dismissed, pipe wrap inadmissible due to collection, documentation, and testing errors, 1092 – Failure to abide by regulations, building developer ordered to pay civil penalties (Iowa Dist. Ct.), 421 – Handling and notice, demolition contractor pleads guilty to criminal charge for demolishing textile plant without adequately removing asbestos (E.D. Tenn.), 1026 – J&C Environmental Servs., inspector indicted for creating fictitious inspection reports (E.D. Mo.), 996 – N.Y.C., legislation to reform city safety oversight of demotion and abatement proposed, 377; signed, 901 – Prejudgment interest, wife of man who died from exposure may not recover from each defendant found jointly liable (Cal. Ct. App.), 262 – Proximate cause, jury award against boiler maker improper where jury barred from hearing about other workplace exposure (Ill.), 339 – Removal training, owner who students answers and charged full fee indicted (N.D. Cal.), 1115 – Sheet metal workers, workers without asbestos indirectly exposed show increased risk of developing lung cancer, study, 810 – Wrongful death, release signed by pipe fitter and wife extinguished claim against employer for exposure (Tex. Ct. App.), 935
– Local 34, industrial worker forced into retirement for complaining about safety conditions may pursue claim where internal union practices inadequate (Minn.), 1000
– ARRA training programs, open shop contractors seek amendment to Green Jobs Act expanding eligibility rules, DOL announces, 593
– Cal., Vista
See CALIFORNIA
– Gen. Building Contractors Ass'n, pacts attained with UBC, LIUNA, OP&CMIA, 343 – Heart of Am. Chapter, St. Louis, Mo. school district charged with improperly requiring union-only PLA, 902 – Mass., members of 13 UBC locals in Boston ratify pact, 937 – W. Tenn. Chapter, contractors willing to pay prevailing wages but oppose union scale for benefits on county contractors, 226
– Ariz. Chapter, enactment of bill authorizing Transp. Dep't to enter public-private partnerships for infrastructure projects applauded, 727
– ARRA training programs, open shop contractors seek amendment to Green Jobs Act expanding eligibility rules, DOL announces, 593 – Cal., San Diego Ch., suit charges Caltrans DBE program violates equal protection (E.D. Cal.), 644; civil rights groups join small business owners trying to intervene in U.S. suit, 941 – Clean Air Task Force, pact on emissions reductions for diesel-powered equipment at federally funded projects announced, 1083 – Conn., Conn. Laborers' Dist. Council pact attained, 111 – Empire State Chapter, suit challenging Wicks Act amendment expanding number of projects meeting multiple contract requirements filed (N.Y. Sup. Ct.), 223 – Investment in public and private construction, AGC urges tax incentives, tax credits, and policy changes to increase, 987 – Mich. Chapter, LIUNA Local 1075 pact attained after strike, 730 – Minn., attempt to start projects by freezing pay has limited success, 541 – New York
– – IBT Local 282 (Building Materials), pact ratified, 970
– – LIUNA, employers preparing for pact talks to replace expiring pacts, 8; talks halted after employers pushed to change shop steward clause, 229 – R.I. chapter, UBC Local 94 and New England Reg'l Council pacts ratified, 609 – SE Pa. chapter, open shop contractors challenge Pa. prison contract provision requiring contractor and subcontractors to execute PLAs, state agrees to reissue RFPs (Pa. Commw. Ct.), 899 – Wis. Chapter, small family-owned firm must arbitrate grievance where evergreen clause binds to successor pacts (E.D. Wis.), 641
– Workplace, OSHA developing emphasis programs, Solis says, 328
– World Trade Center, rates among rescue and recovery workers at rates of any groups exposed to dust and fumes, study, 811
– ERISA, award to multiemployer pension fund need not be proportional to amount of contributions eventually collected (7th Cir.), 849
– Fla., bill reinstating limits on fees in workers' compensation cases passed, 380; signed, 484 – Fringe benefits, IUOE local request in collection suit disproportionate to work done (E.D. Mo.), 20 – Prevailing wages, no award to employer under offer-of-judgment rule, claim not frivolous (N.J.), 1122
– Audit Technique Guide, IRS publishes instructions to help contractors prepare for tax audits, 597
– Delinquent contributions, SMWIA benefit funds may get damages for delinquencies but may not get firm audit where not previously requested (E.D. Va.), 1001 – Federal contractors, OFCCP part of DOL initiative targeting stimulus fund recipients for special audits, 746 – Unpaid contributions, request by benefit funds to recover costs of determining properly denied where qualifications of auditor and tasks done not included (7th Cir.), 639
– Chrysler, stay order permitting sale of assets to new firm owned partially by Fiat vacated, senior secured creditors objected because unsecured creditors treated more favorably (U.S.), 506; consumer and personal injury groups oppose eliminating successor liability (rev sought), 506; pension funds' efforts to halt sale rejected (2d Cir.), 789
– Consumer Assistance to Recycle and Save Act – Pittsburgh Mack Truck, IUOE pact holding contributing employer harmless for withdrawal liability does not violate public policy and is enforceable (3d Cir.), 933
– Grants
See GRANTS
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