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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
DAMAGES
– Asbestos
See ASBESTOS
– Welfare funds, IBT welfare funds may not get late fees or damages for failure to make timely contributions where contractor paid delinquencies before suit (S.D.N.Y.), 57
– American Clean Energy and Security Act
– Clean Energy Jobs and American Power Act – Davis-Bacon Repeal Act – FY2010 budget plan – Indian Health Care Improvement Act provisions – Jurisdiction, laborers may not bring claims for prevailing wages on projects that did not get federal funding, must bring N.Y. law claim (E.D.N.Y.), 258 – Mail fraud, money laundering, and obstructing grand jury, attorney pleads guilty to filing false reports on state projects (E.D.N.Y.), 140; attorney's motions to dismiss indictment or withdraw guilty plea rejected, 839 – Military Constr. and Veterans Affairs Appropriations Act, 2010 – Prevailing wages
– – Administration position, Solis tells BCTD of commitment to enforcing, 397; paying prevailing wages fundamental to creating middle class jobs, putting stimulus funds into covered projects key, Ayers says, 436
– – State and local laws
See specific states
– Redevelopment, UBC letter seeks DOL determination on applicability to former D.C. convention center site, 303 – Supplemental Appropriations Act – Use, Obama plans to promote, 113 – Vt., state may set prevailing wages for ARRA projects higher than DOL rates, state attorney general letter, 822 – Youth labor, no exceptions to prevailing wage requirements for DOI volunteer programs unless exception provided in funding bill, DOL opinion letter, 493; provision removed from FY2009 supplemental spending bill, 527
– Sex bias, temporary agency to pay damages for refusal to refer women for day labor jobs in Mass., EEOC accord (D. Mass.), 631
See FATALITIES
– California
– – Failure to pay prevailing wages and deducting for but pocketing benefit payments, electrical contractor debarred, 1125
– – Prevailing wages, bill allowing firms who fail to pay more than once to face sanctions amended, 514; signed, 1093
– Preemption, NLRA bars nonunion excavator's suit against LIUNA for acts barred by §§7 and 8 (Ohio Ct. App.), 1059
– ULP, hotel contractor has no claim against UBC for secondary boycott but may have claim about arsenic poisoning (W.D. Wash.), 932
– Contractors
– DOD 2010 appropriations
– Legislative and regulatory roundup, 157; 194; 227; 823
– Prevailing wages, public works contractors employing sheet metal workers may not pursue claim challenging state Labor Dep't adoption of increased rate (Del. Ch.), 570 – Wilmington, contractor request to bar city from demolishing unsafe buildings denied, unable to determine if contractor responsible bidder where criminal charges pending (Del. Ch.), 610 – Workplace Fraud Act, bill providing penalties for contractors that willfully misclassify workers signed, 767
– A-1 Excavating, excavator to pay fines, upgrade worker safety and health, OSHA accord, 1052
– Demon Demo, contractor fined for child labor violations after death of teenager at mall demolition project, 333 – Hancock Demolition and Excavation, firm required to pay contributions to benefit funds, registered agent's signature on CBA ratified by letting books be audited (E.D. Mo.), 892 – Holley Enters., request to bar Wilmington, Del. from demolishing unsafe buildings denied, unable to determine if contractor responsible bidder where criminal charges pending (Del. Ch.), 610 – N.Y.C., legislation to reform city safety oversight of demotion and abatement proposed, 377; signed, 901 – Nuprecon, citation for failure to implement fall protection system vacated, OSHA failed to establish construction standards applied (OSHRC, rev grant), 635 – Oxbow Calcining, OSHA citation for worker death after failure to follow procedures for demolishing refractory kiln, 180 – Watkins St. Project, demolition contractor pleads guilty to criminal charge for demolishing textile plant without adequately removing asbestos (E.D. Tenn.), 1026
See specific departments
See RETAIL INDUSTRY
– Continental Finance, builder failed to satisfy requirements of LMRA in suit against BCTD, UBC, Metallic Lathers, and Constr. and General Bldg. Laborers for picketing use of nonunion labor (S.D.N.Y.), 601
– Time-loss, materials supplier required to continue benefits to injured worker denied light duty work after firing for violating safety rules (Wash. Ct. App.), 759
– Vesting, amending plan to put 2 year limit on benefits after injury violates ERISA, participant gets retroactive benefits and interest (S.D. Ohio), 636 – Wash., benefits hiked to reflect higher average wages, based on CPI, 649 – Workers' compensation
– ADA
– W. Va., heavy machine operator with one arm who refused to operate different machine has disability bias and wrongful discharge claims (S.D. W.Va.), 414 – Workers' compensation
See WORKERS' COMPENSATION; specific states
– Affirmative action
– Big Dig
– – Sex bias, women-owned trucking firm may not sue FHWA staff individually for delay in processing bias claim against state agencies (D. Mass.), 412
– – Submitting bid as DBE for work done by another firm, minority business pleads guilty (D. Mass.), 378; subcontractor sentenced, ordered to pay fine, 926
– – Proposition 209, opinions on whether barring preferences for minorities and women violates equal protection sought (Cal.), 191; Att'y Gen. argues Proposition 209 creates unequal political burden for groups traditionally submitted to bias, 379
– – San Diego, low levels of minority contractor participation in municipal projects led councilman to seek disparity study, 973 – Front companies to get contracts, conviction of electrical contractors official upheld (11th Cir.), 879 – Legislative and regulatory roundup, 157; 227; 267 – Missouri
– – St. Louis, ordinance setting participation goals for apprentices, minorities, women, and city residents signed, 822
– – Transp. Dep't, creation of new division to increase participation by DBEs announced, 546 – Pa., Philadelphia, city, owners, contractors, unions, and educators should work toward more diverse participation in workforce, task force report, 125 – Race bias, African-Am. contractor may not pursue claim that UBC suit for delinquent contributions violated Title VII (E.D. Pa.), 788 – Scheme to misrepresent and conceal public funds to minority businesses, contractor and owner indicted for fraud (Ill. Cir. Ct.), 209 – Women in construction, OFCCP should hike affirmative action goals for use on federal projects, Democrats tell Solis, 988
– Debarment
See DEBARMENT
– Safety violation by co-worker, IUOE local filing internal charge and fining member who reported was ULP (NLRB), 934
– Cal., San Diego, Councilwoman forms panel to draft law subjecting private contractors on public projects to disclosure requirements, 156
– 401(k) Fair Disclosure and Pension Security Act
– Co-conspirators, union members and officers entitled to know identities in RICO case against them for conspiracy and extortion (W.D.N.Y.), 215
See specific type of discrimination
– Legislative and regulatory roundup, 486
– Unemployment benefits, Solis urges states to let workers enroll in college without losing benefits, 397
– Convention Center, UBC letter asks DOL to determine where Davis-Bacon Act applies to redevelopment project, 303
– Stormwater discharges, EPA proposing to extend expiration date for general permit, 1088
– Affirmative action
See ALTER EGOS
– Safety attire, high-visibility garments required for highway and road construction workers, OSHA interpretation letter, 1145
– Fatalities, occupational vehicles, OSHA official cites 2007 data for deaths from jack-knife or overturn, 24
– Prescription benefits
– Legislative and regulatory roundup, 63
– Organizing, imposing to discourage participation in UBC activity was ULP (D.C. Cir.), 299
– Chinese drywall, CPSC investigating health and safety concerns about use in Fla. homes, 247; Senators and state officials sicken after visiting contaminated homes, 436
– Classic Lath and Plastering, owner who created 3 alter-egos to evade UBC Local 94 pact duties for benefit fund contributions and union wages personally liable (NLRB), 188 – Cork Plastering, request by benefit funds to recover costs of audit to determine unpaid contributions properly denied where qualifications of auditor and tasks done not included (7th Cir.), 639 – DLM Plastering, president sentenced, must pay restitution for filing false tax returns to avoid paying workers' compensation premiums (E.D. Cal.), 925 – Drywall Safety Act – Escapade, La. charges owner and wife with workers' compensation premium fraud, 943 – Exceptional Proff'l, coercive statements, no-talking rules, and imposing drug tests to discourage union activity were ULPs (D.C. Cir.), 299 – Fidelity Interior Constr., damages award to nonunion for UBC attempts to threaten, coerce, and restrain third parties upheld, evidence supports damages and instruction proper (N.D. Ga.), 815 – Franklin Drywall, owner not liable for benefit fund contributions where financial woes related to market decline and lender bankruptcy (D. Minn.), 149 – Garcia Drywall, contractor to pay fines, accept debarment for underpaying workers on Mass. public projects, 547 – Garner/Morrison, no ULP in asking worker about whether UBC card signed where choice of union relates to health benefits (NLRB), 338 – Master's Touch Drywall, Wash. contractor to pay restitution, plea agreement for felony theft of sales taxes and workers' compensation fraud (Wash. Super. Ct.), 1156 – Overtime, DOL secures back pay from 30 firms in Tex. and Ark. who misclassified workers to avoid paying, 746 – Perimeter Interiors, UBC pension funds get contributions from contractor who sought to evade by operating double-breasted (S.D.N.Y.), 891 – Powertech Interiors, owners sentenced for underpaying income tax and workers' compensation premiums by paying workers in cash and off-the-books (S.D. Fla.), 142 – Raymond Interior Sys., drywall contractor improperly threatened workers with loss of work to get UBC representation despite IUPAT pact (NLRB), 1089 – Standard Drywall., OP&CMIA Local 200 enjoined from suit to force assigning plastering work to members until NLRB ruling on ULPs (9th Cir.), 119 – Tuffy Commercial, owner sentenced for knowingly hiring undocumented workers (D. Neb.), 115
– Union discipline, IBEW members fined for working for nonunion contractor have no claim where intraunion procedures not exhausted (8th Cir.), 930
– Failure to pay, successor contractor must pay where intent to be bound by LIUNA pact demonstrated (N.D. Ill.), 219
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