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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
HANDBILLING
– ULP, hotel contractor has no claim against UBC for secondary boycott but may have defamation claim about arsenic poisoning (W.D. Wash.), 932
– Same-sex
– Legislative and regulatory roundup, 31; 63; 94; 157; 227; 267; 688
– Recognition of unions, bill making it easier to require based on card checks passed, governor expected to veto, 382
– Asbestos
See ASBESTOS
– Crystalline silica, OSHA rejects Advisory Comm. request to review guidance in advance of release, 293; regulatory action to develop workplace standards by end of review, semiannual regulatory agenda, 364; guidance on controlling silica exposure in construction issued, 366 – Hanford Site
See LEAD
– Manganese fumes, disabled welder gets damages from equipment firms for failure to provide adequate warnings or instructions for welding tools (N.D. Ohio), 1069 – Mercury and other air pollutants, EPA proposal to curb emissions from cement kilns could put plants out of business, trade association comments on proposed rule, 885 – Methylene chloride, more stringent standards on OSHA semiannual regulatory agenda, 359 – Sulfur and strontium, EPA finds higher concentrations in Chinese drywall than in domestically made drywall, 436
– Bloodborne pathogens, more stringent standards on OSHA semiannual regulatory agenda, 359
– Hospitals
See HOSPITALS
– Nursing homes
See NURSING HOMES
– America's Affordable Health Choices Act
– Group plans, EBSA issues guidance on new Form 5500 annual reports, 1113 – Indian Health Care Improvement Act – Reform, employer-based plans should be basis, must address cost shifting, House hearing, 84; Clyburn (D-SC) predicts passage, Pelosi (D-Md) expresses commitment, 397; BCTD urges mandatory participation to accommodation to meet work conditions and benefit needs of industry workers, Senate finance panel considering, 429; Senate panel to unveil proposal to provide universal coverage, overhaul market and provide public plan option to be unveiled soon, 462; SMWIA joint letter with Contractors' Ass'n to dissuade Congress from adopting proposals to tax fringe benefits sent, 462; HELP releases unfinished draft, Dodd (D-Conn) says unfinished sections may spur compromises, 533; Nat'l Labor Coordinating Cmte. to meet with President to discuss, 630; BCTD continuing to push for reform, wants strong employer mandate, supports public option, opposes taxing benefits, 887; Senate finance panel releases bill, employer responsibility provisions weaker than other proposals, 921; Senate finance panel starts markup of proposed bill to meet concerns of Democrats, trying to get on Senate floor as soon as possible, 955; White House issues memo to combat arguments that revenue raising provisions would increase middle class taxes, markup continues, 989; markup finished, measures to lessen penalties for failure to get insurance, less impact of tax on high cost plans, and limit insurers' ability to deduct excessive executive pay, 1011; Baucus (D-Mt) proposed excise tax on high-value plans would cause .5% tax increase for most middle class household, analysis, 1012; Affordable Health Care for America Act, see LEGISLATION, FEDERAL, HR 3962, S 1796 – Remedies, retroactive reinstatement of coverage is equitable, allowed under ERISA §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 – Shop floor injuries, uninsured workers, and unhealthy workers, Cal. must address issues before new public investments to help industry recover start, report, 193 – Tax benefits, changing could raise complexity and reduce effectiveness of system, ABA white paper, 336 – ULP, paving contractor unlawfully failed to provide as required by IBT pact (NLRB), 964 – Union membership, no ULP in asking worker about whether UBC card signed where choice of union relates to benefits (NLRB), 338 – Utah, bill requiring construction firms to provide on large state projects signed, 93
– Aardvark Air Duct Cleaning Chimney Serv., Kansas City charges contractor with misdemeanors in failure to pay prevailing wages on public stadium renovation (Mo. Cir. Ct.), 648
– Environmental Balancing, SMWIA benefit funds may get delinquent contributions but may not get firm audit where not previously requested (E.D. Va.), 1001 – Gene's Refrigeration, Heating & Air Conditioning, Ohio prevailing wages law applies only to workers on site of public improvement project, SMWIA claim for off-site workers who fabricated materials rejected (Ohio), 567 – Oil Capitol, SMWIA back pay claim for salts premature, challenge to evidence rule change requiring proof of potential length of service must wait for compliance proceedings (D.C. Cir.), 171 – R.H. Cochran & Assoc., arbitration panel exceeded authority in resolving SMWIA grievance for travel pay more than 30 days of learning of facts (6th Cir.), 569
– Comprehensive exposure monitoring data, Am. Indus. Hygiene Ass'n urges NIOSH to include in criteria document, comment period extended, 82
– Emphasis programs, DOL hiring more inspectors and developing, Solis says, 328 – Permissible limits, OSHA determination for exposure properly explained and adequately supported by administrative record (3d Cir.), 22; response to court remand on final rule expected, semiannual regulatory agenda, 364 – Workers' compensation, overexposure of welders could lead to increase in tort-related liabilities, attorney says, 598
– A.H. Cornell, worker fired after health plan administration complaint has no retaliation claim, no protection for complaints not made during inquiry or proceeding (E.D. Pa.), 722
– Alaskan Way Viaduct, Wash. and Seattle sign pact detailing duties on replacement project, 1126 – Alexander L. Booker Child Protection Site Safety Act
See MASSACHUSETTS
– Contractors Ass'n of E. Pa., UBC Metro Reg'l Council of Philadelphia pact attained, 343 – Fatalities – Infrastructure
See INFRASTRUCTURE
– Key Enters., OSHA cites firm for serious and repeat trenching violations, proposes fines, 116 – Legislative and regulatory roundup, 486; 688 – Motor fuel tax, Congressional leaders and administration urge changes in policy and funding, Hutchinson (R-Tex) advocates letting states opt-out to keep tax revenues in-state, 290 – Noise safety, citation of contractor for violating Wash. standards by not using feasible controls to protect workers upheld (Wash. Ct. App.), 27 – Physical infrastructure, GAO sending inspectors to states to look into how appropriated money is being used, official tells House panel, 52; projected funded with stimulus money on track, competition due to high unemployment helps, President says, 212 – Planning and spending priorities, U.S. needs to rethink and improve funding and planning of projects, report, 248 – Proposed financing framework, Blumenauer (D-Or) introduced, would use enviroment-related taxes and charges, 13 – Public-private partnerships, can be effective in helping cash-strapped states fund, witnesses tell joint House-Senate hearing, 975 – Rodbusters, IW benefit funds must prove that successor formed to evade unpaid fringe benefit contributions (E.D. Wash.), 1154 – Safety attire, high-visibility garments required for highway and road construction workers, OSHA interpretation letter, 1145 – STAA
See specific states
– Thoele Asphalt Paving, contractor failure to provide medical benefits under IBT pact was ULP (NLRB), 964 – Traffic work zones
– Am. Recovery and Reinvestment Act
– Hire Mich. First, bill giving preference to firms that hire state residents, sets penalties for not paying prevailing wages and hiring undocumented workers passed, 124 – Income- and gender-based, coalition urges President to issue E.O. to require or provide incentives on federal construction, 255 – JOLTS – Net employment outlook, Manpower survey, second quarter 2009, 53 – New college graduates, employers planning fewer hires than recent years, survey, 54 – New Employee Verification Act – Salts
See SALTING
– Transportation infrastructure, more than 1.1M jobs could be created on 2 projects, EP analysis, 210 – ULP, refusing to give IW member application and threatening to call police if he did not leave was ULP (D.C. Cir.), 411 – Undocumented workers
See VISAS
– Claims preclusion, laid-off worker's claim against IUOE local for bias in manipulating job referrals barred where final orders dismissing same claims issued (W.D. Wis.), 786
– Race bias, African Am. LIUNA members failed to show bias in referring jobs to friends and family only (S.D.N.Y.), 1090
– Congressional Hispanic Caucus, immigration reform
See IMMIGRATION
See specific form of discrimination
– Latino workers in construction industry, Solis announced DOL 2010 action summit, 876
See also RESIDENTIAL CONSTRUCTION
– ARRA training programs, open shop contractors seek amendment to Green Jobs Act expanding eligibility rules, DOL announces, 593 – PPEs, NAHB, NAM, and U.S. Chamber of Commerce say OSHA had no authority to multiply fines by number of workers involved (D.C. Cir., brief filed), 665; OSHA and DOL file joint reply arguing Congress did grant OSHA authority to set penalties (brief filed), 967
– Criminal prosecution, new enforcement guidelines changing focus more on businesses hiring undocumented workers, 329
– E-Verify
See FORMS
– Highway infrastructure, agencies tasked with monitoring security lack coordination, GAO report, 51 – ICE
– – Recission, employers must keep up with rule changes, ABA teleconference, 1112
– – Rule review, time period for DHS to file documents in suit challenging rule extended to allow (N.D. Cal.), 558; final rule rescinds no-match provisions, 1046
– Economic price adjustment, contractor request form payment to provide increased payments to subcontractor workers denied where it failed to certify price-adjustment request (Fed. Cl.), 442
– Ind., Clark Mem. Hosp., ALJ finding that contractor violated state OSH Act in faulty removal of light pole upheld, elements of general duty clause shown (Ind. App. Ct.), 676 – Orange Reg'l Med. Ctr., IBEW Local 363 has no claim for failing to use union workers or paying prevailing wage rate for N.Y. construction project but union contractor has standing (N.Y. Sup. Ct., App. Div.), 721 – Univ. Hosp. Health Sys., signatory to PLA may be seen as employer even if workers employed by subcontractor (N.D. Ohio), 933
– Forced labor trafficking, identity theft, harboring illegal aliens, money laundering, visa fraud, extortion, and racketeering, labor leasing firm owner arrested (W.D. Mo.), 467; participant pleads guilty, 1146
– Konocti Harbor Resort and Spa, resort renovated using PPF Local 38 funds to close, all staff will lose jobs, no effect on consent decree, 918 – Motel 6, renovation firm that misclassified laborers doing demolition, drywall, and painting must pay back pay and overtime, DOL accord (D. Or.), 1116 – Point Ruston, hotel contractor has no LMRA claim for UBC secondary boycott to force concrete subcontractor to unionize but may be defamation (W.D. Wash.), 932 – Salem Conf. Center, workers at construction site not entitled to prevailing wages where no public work in joint development (Or. Ct. App.), 1062
– Benefit funds, steelmaker must make contributions for every hour workers are paid, not just hours worked (D. Utah), 441
– Job rates, residential contractor may not pay flat sum based on bid that does not vary with hours worked, DOL opinion letter, 111 – Preliminary and postliminary activities
– Housing starts
See NEW CONSTRUCTION
– Builder confidence, NAHB-Wells Fargo Housing Market Index (HMI)
See NEW CONSTRUCTION
– Working well under pressure, revolving conflicts, and mitigating negative impacts on costs, Nat'l Ctr. for Construction Education and Research releases instructional DVD, 718
– Katrina, EEOC charges contractor with allowing supervisor to harass and taunt iron worker (E.D. La.), 993
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