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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
E-VERIFY
– ARRA, some effect on market but potential not reached because construction project awards slower than expected, AGC survey, 751
– Auto makers – Calendar year multiemployer plans, more than 2/3 of plans with critical funding status took advantage of status freeze, survey, 632 – Construction equipment industry, 37% of workforce lost in recession, study, 1024 – CPI – Ford and Chrysler, wage cuts and more flexible work rules approved as automakers retool and modernize plants, 572 – FRB Beige Book Surveys
See GREEN JOBS
– Multiemployer pension plans, financial crisis decimated equity reserves, steep asset declines during time maintaining contribution level harder, 741 – Public works, President announces plans to boost stimulus spending to create jobs, includes 300 construction and renovation projects, GOP challenging spending, 501 – Recovery, AGC urges tax incentives, tax credits, and policy changes to increase investment in public and private projects, 987 – Saratoga Cty., BCTD PLA with M + W Zander for computer chip plant announced, state providing tax breaks and economic development incentives, 512 – Stimulus
– – ARRA
– – FRB surveys
– CPI
See NEW CONSTRUCTION
– Consensus forecast, NABE, second half 2009, 473
– Domestic renewable energy resources, spending $150B/year to develop and retrofit could create 2.5M jobs, study, 561 – Energy self-sufficiency, green jobs are key part of attaining, recovery from current recession, and stability of middle class jobs, Senate hearing, 254 – FRB Beige Book Surveys – Infrastructure, projects will play major role as economy bounces back from recession but other initiatives needed to sustain positive economic development, speakers say, 1084 – Payroll taxes, speakers endorse repealing withholding requirement, could create cash flow problems for employer, IRS hearing, 253; Mech. Contractors' Ass'n official fighting to repeal tax delinquency recovery measure enacted to deter evasion on public works, 495 – Recovery, paying prevailing wages is fundamental to creating middle class jobs, putting stimulus funds into covered projects key, Ayers says, 436 – Skilled labor shortages, construction sector faces if strict immigration controls put into place, professor says, 434 – Stimulus plans
– School construction
– Political
– Alaska Electrical Pension Funds, wrong standard used in determining Flowserve not liable for misrepresenting financial condition (5th Cir.), 606
– Amprite Elec., S. Electrical Contractors Ass'n, and 8 other contractors, DOL Wage and Hour Div. must review petition for review of wage determinations in Ky. and Tenn. (DOL ARB), 817 – Burriss Elec., contractor unaware daily inspection requirement willfully violated state OSH Act in death of workers in trench collapse (U.S., rev den), 538 – Cruz Contracting, 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 – Design Elec., employees of state contractors not covered by Minn. data practices law, data public and must be disclosed upon request (Minn.), 374 – Fed. Creosote Superfund site, temporary electrical subcontractor sentenced for fraud and kickbacks to prime contractor to win contracts (D.N.J.), 629 – Flak Elec., convictions of officials sentenced for using front companies to win disadvantaged business contracts upheld (11th Cir.), 879 – H&M Mechanical & Elec., unpaid contributions are not plan assets, owner's personal Ch. 7 filing could discharge debt to multiemployer plans (2d Cir.), 368 – Indep. Elec. Contractors, open shop contractors seek Green Jobs Act amendment expanding eligibility rules for ARRA-funded training programs, 593 – Krater Servs., IBEW may pursue claim for using alter ego to avoid unfavorable grievance decision and evade multiemployer plan contributions (W.D. Pa.), 120 – L.E. Meyers, must show supervisor had duty to report or remediate energized wire, no proof of action to avoid truth (7th Cir.), 261 – Lunde Elec., owners convicted of embezzling nonunion workers' 401(k) plan contributions (W.D. Wash.), 1116 – NECA – Petrocelli Elec., owner charged with making payoffs to IBEW Local 3 official (S.D.N.Y.), 176; union official sentenced, 433; contractor pleads guilty after union official sentenced, 767 – Poulke & Steinle, hiring preferences and past practice favor awarding street lighting and traffic signal project to IBEW, determination needed to investigate union threats (NLRB), 216 – Reese Elec., installation of lights at public baseball park requires Englewood, Ohio to pay prevailing wages (Ohio Ct. App.), 1060 – Renaissance Elec., contractor who oversaw stadium construction not liable for subcontractor's unpaid MEWA contributions (8th Cir.), 672 – S.J. Cimino Elec., Cal. debars electrical contractor for failure to pay prevailing wages and deducting for but pocketing benefit payments, 1125 – Springman Elec., contractor and associated family companies jointly liable for unpaid IBEW benefit plan contributions (S.D. Ill.), 298 – Thompson Elec., IBEW may do work on highway lighting and traffic signal project and not IUOE based on certifications, CBAs, employer preference, and past practice (NLRB), 757 – Whitten Elec., official not personally liable for firm failure to timely make 401(k) plan contributions, no proof he was fiduciary and checks signed in representative capacity (2d Cir.), 777
– AFL-CIO, top affiliates despite membership decrease, report, 1021
– Local 1 Health and Welfare Fund, contractor who oversaw stadium construction not liable for subcontractor's unpaid contributions (8th Cir.), 672 – Local 3
– – Making payoffs to union official, electrical contractor charged (S.D.N.Y.), 176; former business manager and CLC president sentenced, 433; contractor pleads guilty after union official sentenced, 767
– Local 16, S. Ind. NECA pact ratified, 383; correction, 447 – Local 42, Henkels & McCoy workers entitled to install Mass. fiber optic communication network rather than LIUNA (NLRB), 998 – Local 43 Welfare Fund, trustees file class actions against feeder funds that invested plan assets in fraudulent Madoff-related schemes (S.D.N.Y.), 370; trustee says significant headway made in investigation, more than $1B recovered for investors, 626 – Local 53, members have no due process claim for discipline for working for nonunion contractor where intraunion procedures not exhausted (8th Cir.), 930 – Local 71, union may do work on highway lighting and traffic signal project and not IUOE based on certifications, CBAs, employer preference, and past practice but threatening pickets was ULP (NLRB), 757 – Local 97, court may enforce arbitration order that bankrupt firm must recalculate pension benefits after failing to use pact cap on covered earnings (N.D.N.Y.), 369 – Local 98, cease-and-desist order may be enforced for pickets intentionally prevented worker from doing job after reviewing prior misconduct (3d Cir.), 183 – Local 110, NECA of St. Paul gets wage freeze to jump start projects, 541 – Local 176, minority shareholder qualified as employer, liable for welfare plan contributions (N.D. Ill.), 56 – Local 292, employees hired by independent contractors hired by Minn. not covered by data practices law, data public and must be disclosed upon request (Minn.), 374 – Local 363, union has no claim for failing to use union workers or paying prevailing wage rate for N.Y. new hospital construction project but union contractor has standing (N.Y. Sup. Ct., App. Div.), 721 – Local 551, Cal. debars electrical contractor for failure to pay prevailing wages and deducting for but pocketing benefit payments, 1125 – Local 569, San Diego hotel developer ends project, cites interference by UNITE HERE and coalition of construction unions, 973 – Local 595
– – Green technology, pact to train apprentices at DOE laboratory signed, 1146
– – Making intentional and material misrepresentation to workers' compensation carrier to misclassify work, member seeks seeks legal help, 483 – Local 702, NLRA preempts contractor claim for secondary boycott but complete preemption converts state antitrust complaint into federal one (7th Cir.), 205 – Locals 47 and 440, hiring preferences and past practice favor awarding street lighting and traffic signal project to union, determination needed to investigate union threats (NLRB), 216 – NECA-IBEW Pension Trust Fund, electrical contractor and associated family companies jointly liable for unpaid plan contributions (S.D. Ill.), 298 – So. Cal. NECA Pension Plan, no abuse of discretion in suspending early retirement benefits of participant who engaged in electrical work in same geographic area (C.D. Cal.), 1061
– Apprentices, ERISA does not bar Mich. law setting ratio and equivalency requirements (U.S., rev den), 107; state inspectors to start enforcing ratios, 155
– Forms
See FORMS
– Local 1
– – Prevailing wages, rate for repair and maintenance workers should be set by pact that has most elevator workers in N.Y.C. (N.Y. Sup. Ct.), 137
– – RICO, former official convicted for no-show job screen may not vacate where he failed to show trial counsel was ineffective (E.D.N.Y.), 327
– Century Vertical Sys., successor bound by CBA, must submit dispute with IUOE Local 1 to arbitration (E.D.N.Y.), 1027
– IUEC
– Buying goods and services for personal use and use of others, UBC N.J. Council business manager indicted (D.N.J.), 559
– ERISA, electrical contractors convicted for taking nonunion workers' 401(k) contributions (W.D. Wash.), 1116 – Union credit card, LIUNA local business manager pleads guilty to using at strip clubs (N.D. Ohio), 467
– Employee Retirement Income Security Act
See ERISA
See FRINGE BENEFITS
See specific benefits
– Tenn., Shelby Cty., ABC willing to pay prevailing wages, but opposes union scale for benefits for county contracts, 226 – Union funds
See specific unions
– Criminal enforcement, Borzi announces new plan for firms who fail to forward participant contributions and file false Form 5500s, 916
– Enforcement staff, DOL increasing, Solis tells BCTD, 397 – Form 5500 annual reports, pension plan administrators may electronically file on DOL web page next year, will make easier for many filers, 884 – Group health and retirement plans, EBSA issues guidance on new Form 5500 annual reports, 1113 – Prohibited transactions, comments on safe harbors for delinquent or uncollectible employer contributions, sharing office space and administrative services, and buying or leasing personal property from contributing employers sought, 625 – Unfunded multiemployer plans, procedures for assessing civil penalties against plan sponsors for violating mandatory funding improvement proposed, 879; IRS and Treasury release final rules on measuring assets and liabilities to comply with single employer requirement, benefit restrictions on underfunded plans, 1048
See ERISA
– Independent contractors
– Misclassification of workers – Undocumented workers
– Alter egos
See ALTER EGOS
– Temporary work
– Green jobs, applications for grants for state training programs funded by ARRA for workers entering sector or in renewable energy or energy efficiency sectors sought, 562; clarifications to grant application solicitations issued, 713
– Semiannual regulatory agenda, 359 – State apprenticeship agencies, DOL awards grants to expand partnerships with registered programs, 626
– ULP, nonunion firm lawfully fired at-will worker who planned to work for IW Local 3 (NLRB ALJ), 477
– Criminal activities
– E-Verify
– – Audit initiative to crack down on hiring undocumented workers, USCIS serves notices of inspection to businesses nationwide, 626
– – DHS, systems likely to remain in place, firms should consider use, preparation needed for new I-9 form scheduled to be released, speaker tells SHRM, 53; implementation of E.O. and related procurement law for federal contractors postponed, 248; 4th postponement and stay in suit challenging announced (D. Md.), 461; Napolitano speech express support for worksite enforcement and E-Verify, 501; comments sought on proposed updates to designated agent process, 561; strengthening existing system and lunching pilot programs to test new approaches urged, report, 667; injunction denied, federal contractor rule takes effect, 875; agency preparing for increased duties, director launches new office to involve communities it serves, 920; employers must keep up on rule changes, such as federal contractor requirements and no-match rule rescinding, 1112 – – FY2010 budget, DHS budget request includes funding to expand, hiring more workers for monitoring and compliance, 363; House panel approves appropriations bill, includes E-Verify extension, 496; House panel approves, rejects amendments to expand E-Verify or make permanent, 533; Department of Homeland Security Appropriations Act, 2010, see LEGISLATION, FEDERAL, HR 2892; Senate panel approves FY2010 appropriations, 562 – – Improving Methods to Promote Regular Occurrences of the Verification of Employability Status Act (IMPROVES) – – State and local laws
See specific states
– – Audit initiative to crack down on hiring undocumented workers, USCIS serves notices of inspection to businesses nationwide, 626; efforts have undermined efforts to protect workers' rights, report, 1111
– – Employment eligibility form, employers should continue using despite stated expiration of June 30, agency says, 597 – ICE enforcement – Immigration-related state bills, NCSL report, first 6 months 2008, 713 – Knowingly hiring undocumented workers and money laundering, painting contractor pleads guilty after ICE raid (D. Md.), 341 – Legislative and regulatory roundup, 227 – New Employee Verification Act – SAVE Act
– ARRA, state and local workforce agencies urged to revise plans to reflect recent changes, use new funding to increase services for needy workers, particularly low-income, 114
– Green jobs, workers, the economy, and the environment will benefit, promoting critical, Oates tells panel, 959
– American Clean Energy Leadership Act
– Domestic renewable resources, spending $150B/year to develop and retrofit could create 2.5M jobs, study, 561 – Efficiency and renewable technologies, investment could cause net gain in jobs, report, 1118 – FY2009 appropriations for energy and water development – Ohio, budget allows homeowners to finance solar energy panels through property taxes, 769 – Renewable, payments in lieu of tax credits not subject to Davis-Bacon Act, Treasury Dep't to directly pay for facilities development, 705
– American Clean Energy Leadership Act
– Hanford Site, ARRA funding for cleanup of hazardous and radioactive waste expected to provide 4K jobs, managers say, 192; no safety plan meeting federal standards supported workers on demolition project, DOE finds, 794 – Supplemental Appropriations Act
– AmerenUE, plans to build nuclear power plant suspended after funding bill opposed by consumer groups, 311
– American Clean Energy and Security Act – Calvert Cliffs Nuclear Station, Bechtel Constr. signs PLA for proposed nuclear energy facility, 465 – Green jobs
See GREEN JOBS
– Long Island Power Auth. and Con Edison, Plan for offshore wind farm sited off Rockaway Peninsula announced after feasibility study, 307 – Mich., report identifies kinds of jobs in demand in alternative-energy sector and types of training needed, 381 – NRB Energy, court may enforce arbitration decision that firm must recalculate pension benefits after failing to use pact cap on covered earnings (N.D.N.Y.), 369 – Oil and gas
See OIL AND GAS
– Solar thermal systems, Colo. bill creating sales and use tax exemption signed, 420 – SunEdison, San Diego mayor proposes leveraging stimulus funds and existing power purchase pact to finance solar panel installation at city park, 420 – Utah, new tax credit for renewable energy projects in development zones takes effect May 12, 264 – Utilities
See UTILITIES
– Army Corps of Engineers
– FMLA, epileptic engineer fired after returning from leave not entitled to reinstatement where leave approval erroneous (6th Cir.), 671 – Fru-Con Eng'g, no evidence worker chosen for RIF to prevent vesting in retirement plan (E.D. Mo.), 300 – IUOE
– Busch Stadium, contractor who oversaw construction not liable to IBEW benefit plans for subcontractor's unpaid contributions (8th Cir.), 672
– Centennial Park, Englewood, Ohio required to pay prevailing wages for public baseball field owned by city (Ohio Ct. App.), 1060 – D.C. Convention Center, UBC letter asks DOL to determine where Davis-Bacon Act applies to redevelopment project, 303 – Industry, Cal., bill exempting proposed NFL stadium from further environmental review signed, 1128 – Negligence, movie theater owner and lessee defense that materials to build safe scaffold improperly shifts burden of ensuring safety to worker (N.Y. Sup. Ct. App. Div.), 636 – Truman Sports Complex, Kansas City charges contractor with misdemeanors in failure to pay prevailing wages on public stadium renovation project (Mo. Cir. Ct.), 648
– Am. Recovery and Reinvestment Act
– – Air quality, bill lifting permit moratorium passed after ruling that air quality district unlawfully adopted rules, 974
– – Electricity, bill requiring one third in state to come from renewable sources but governor threatening veto, 942 – Consumer Assistance to Recycle and Save Act
– – Conn., corporate tax credit for building energy efficient buildings enacted, 1096; passed, 1126
– – N.M., new law expands tax credit to include construction or renovation of permanently installed sustainable manufactured housing, 422
See GREEN JOBS
– Legislative and regulatory roundup, 31; 63 – New York
– – Green buildings, bill requiring new state buildings and significant renovations of existing buildings to comply with green standards signed, 901
– – New York City
– – – Falsely representing qualifications of safety monitors on environmental and USACE sites, consulting firm executive pleads guilty (S.D.N.Y.), 532; second official sentenced , 924
– – – Legislative and jobs development plan for energy efficiency of government, commercial, and residential buildings proposed, 306 – Supplemental Appropriations Act
– ARRA, conditions for granting waivers to Buy America provision revised, applies to incidental de minimis components of infrastructure projects, 780
– Asbestos risks
See ASBESTOS
– Cement kilns, EPA proposal to curb mercury and other hazardous emissions could put plants out of business, trade association comments on proposed rule, 885 – Clean Air Act – Lead renovation, repair, and painting rule, revisions to increase protection proposed, 1116 – Stimulus funds, OIG to work with states to ensure that ARRA funds used properly, prevent fraud, 248 – Stormwater discharges from construction activity, proposal to extend expiration date of general permits, 1119
– Ed. Note: For enforcement actions other than general stories, see relevant subject headings.
– Construction equipment industry, 37% of workforce lost in recession, study, 1024
– Climate change, rule burdensome, use of greenhouse gas emissions offsets and USDA involvement should be included in bill, witnesses say, 335
– Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
See PAY EQUITY
– Affirmative action, opinions on whether Cal. Proposition 209 barring preferences for minorities and women unconstitutional sought (Cal.), 191; Att'y Gen. argues Proposition 209 creates unequal political burden for groups traditionally submitted to bias, 379
– Set-asides, AGC suit charges Caltrans DBE program violates 14th Amend. and state constitution (E.D. Cal.), 644; civil rights groups join small business owners trying to intervene in U.S. suit, 941
– Alexander L. Booker Child Protection Site Safety Act
– Ore., coalition demonstrates solutions for construction use, 130
– Accrual rates, ERISA violation where multiemployer pension plan calculated differently after break in service (D. Mass.), 604
– Anti-cutback rule, group of defined benefit plan participants' claims that plan amendment unlawfully cut accrued benefits consolidated for purpose of settlement (N.D. Iowa), 21 – Bankruptcy
– – Financially distressed plans, EBSA announces rapid action project focusing on legal action on behalf of participants, 916
– – Pension fund, offsetting debtor's benefits by pension fund contributions owed by employer violated code and anti-alienation provisions (7th Cir.), 297 – Contribution duties for nonunion workers, LMRA preempts excavation firm from suing IUOE local for misrepresenting (D. Minn.), 846 – Due diligence, LIUNA and UBC pension plans file suit for failure to conduct before investing in Madoff-related funds, 259; Steamfitters Local 449 pension fund trustees file class action for loss of plan assets in Ponzi scheme (E.D. Pa.), 539; LIUNA Dist. Council of W. Pa. Pension Fund files fiduciary breach suit (E.D. Pa.), 593; motion to consolidate all ERISA claims by union benefit plans granted (J.P.M.L.), 817 – Embezzling workers' 401(k) plan contributions, Or. electrical contractors convicted of conversion and false records (W.D. Wash.), 1116 – Failure to make timely benefit contributions and submit contribution reports, successor contract liable where intent to be bound by pact demonstrated (N.D. Ill.), 219 – Falsifying work reports, IBB program firing not arbitrary or capricious but may pursue claim for ending plan participation (D. Mass.), 16 – Fiduciaries and fiduciary breach
See FIDUCIARY DUTY
– – Eligibility, insurer unlawfully withdrew policy from N.Y. small groups market in establishing rules based on health status or claims experience (S.D.N.Y.), 720
– – Reform
See HEALTH INSURANCE
– Industry promotion funds, contractor that signed national PPF pact incorporating 2 Mich. locals not required to make contributions to both benefit funds (6th Cir.), 507; (en banc rev den), 895 – Multiemployer plans – Nonforfeiture rules, actuarial adjustment must be made for time between retirement and when pension checks start (7th Cir.), 122 – Operating double-breasted, drywall contractor liable to UBC pension fund for using to evade liability (S.D.N.Y.), 891 – Preemption
See PREEMPTION
– Public policy, IUOE pact holding contributing employer harmless for withdrawal liability does not violate public policy and is enforceable (3d Cir.), 933 – Remedies, retroactive reinstatement of health care coverage equitable, allowed under §502(a)(3) (10th Cir.), 752 – Retaliation, worker fired after health plan administration complaint has no claim, no protection where not made during inquiry or proceeding (E.D. Pa.), 722 – Shareholder activism by union pensions funds, little benefits to participants, Solis asked to protect by ensuring no fiduciary breach, 465 – Suspendible work, retiree who got benefits while working for contractor must repay benefits (E.D. Pa.), 850 – Unfunded multiemployer plans, EBSA proposes procedures for assessing civil penalties against plan sponsors for violating mandatory funding improvement, 879; IRS and Treasury release final rules on measuring assets and liabilities to comply with single employer requirement, benefit restrictions on underfunded plans, 1048 – Unpaid fringe benefit fund contributions, sheet metal contractor must pay delinquencies and interest but no attorneys' fees where union did not submit adequate documentation (E.D.N.Y.), 1152 – Vesting, amending plan to put 2 year limit on benefits after injury unlawful, participant gets retroactive benefits and interest (S.D. Ohio), 636
– Asbestos, jury award to spouse for exposure-related death improper where jury barred from hearing about other workplace exposure (Ill.), 339
– Burden of proof
See BURDEN OF PROOF
– Witnesses and testimony
– Contractors
– Machinery that rolls or tips over, OSHA should revise rules addressing hazards, 785
– Charley's Backhoe, Wash. excavation safety rules violated when subcontractor's worker died in collapse of unprotected trench (Wash. Ct. App.), 678
– Fechko Excavating, non-unionized firm's tort and defamation claims preempted by NLRA (Ohio Ct. App.), 1059 – JPC Group, fines against subcontractor for work next to foundation without adequate support or supervision upheld, failed to exercise reasonable diligence (OSHRC), 818 – Key Enters., OSHA cites firm for serious and repeat trenching violations, proposes fines, 116 – Merryman Excavation, contractor had no LMRA claims against IUOE local for conspiracy, fraud, and extortion (N.D. Ill.), 814 – Ronglien Excavating, LMRA bars suing IUOE local for ERISA violations in misrepresenting contribution duties for nonunion workers (D. Minn.), 846
– 13416, GAO urges TSA to include security measures by identifying existing guidance and coordinating, 51
– 13496, revokes E.O. 13201 requiring federal contractors to post notices on right not to join union, OLMS rescinds rule, 141; employment rights in proposed notice for federal contractors criticized by business community, including contractor associations, 1014 – 13502, repeals Bush order barring U.S. agencies from requiring PLAs, OMB memo advises officials to implement without delay, proposed rule amending FAR published, 621; text, OMB memo, 651; FAR councils considering 30 day extension for comment period, 805; HUD publishes final rule making PLA mandates discretionary, ABC says Obama exceeded presidential authority in issuing, 876; unions want to broaden scope of covered PLAs, contractors want advance notice, comments posted, 1044; panelists discuss implications, disagree over whether federal agencies need, 1081
– Contractor Compensation Quarterly, PAS survey, 2009, 560; open shop contractors, 1052
– Total compensation, PAS report, 2008, 142
– Arbitration, UBC member may not pursue claim for failure to grieve firing where administrative remedies on union decision not exhausted (W.D.N.Y.), 674
– Deferred compensation, worker has no claim for reduced benefits and lost investment chances where plan appeal procedures not exhausted (D. Colo.), 89 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
