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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
NAHB
– Davis-Bacon Act, agencies issue joint notice of request for comments on extension of data collection, 50
– Neb., Omaha law designating women and minority-owned business as disadvantaged violates state bar on preferences, implementation suspended, 129
– AFL-CIO, Sweeney confident that labor movement will continue to overcome boundaries, 397
– IBEW Health and Welfare Fund, minority shareholder qualified as employer, liable for welfare plan contributions (N.D. Ill.), 56
– Minn., St. Paul, IBEW Local 110 agrees to wage freeze to jump start projects, 541 – NECA-IBEW Pension Trust Fund, contractor and associated family companies jointly liable for unpaid plan contributions (S.D. Ill.), 298 – No. Cal. Chapter, legal help sought against contractor who made misrepresentations to workers' compensation carrier to misclassify work, 483 – S. Ind., IBEW Local 16 pact ratified, 383; correction, 447 – So. Cal. IBEW 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
– Construction research program, draft released in response to NAS recommendations and public comments, 883
– Green jobs, worker safety initiative announced, web portal launched to serve as hubs for data and resources, 534 – Hexavalent chromium, Am. Indus. Hygiene Ass'n urges more comprehensive exposure monitoring data, 82
– Construction Grant Program, and Measurement Science and Engineering Research Grants, proposals for projects sought, 503
– Employee Free Choice Act
– Picketing, cease-and-desist order against IBEW local for preventing workers from doing jobs and history of prior misconduct may be enforced (3d Cir.), 183 – Preemption
See PREEMPTION
– Ed. Note: For enforcement actions other than general stories and weekly summaries, see relevant subject headings.
– ADR, pilot program for pending ULP cases made permanent, 144 – Appointments and personnel changes, Obama announces intention to name labor attorneys Becker and Pearce members, 285; President sends nominations of Becker, Pearce, and Hayes to Senate, 627; panelists discuss changes in construction labor environment when new members seated, 1081; HELP approves all 3 nominees despite industry efforts to block SEIU counsel Becker, 1109; Harkin (D-Iowa) says Senate will not vote on nominees if McCain (R-Ariz) puts hold on Becker nomination, 1151 – Construction-related cases, 409 cases may have to be reheard if cases decided without 3 members not valid (D.C. Cir.), 325; NLRB will continue to issue decisions and orders, intends to seek rehearing, 401; (U.S., rev grant), 1151 – Omnibus appropriations bill – ULPs, regional office personnel to use e-filing procedures to expedite investigatory subpoena revocations, memo, 1111 – Weekly summary of actions, 67; 165; 198; 234; 390; 391; 521; 651; 695; 734; 798; 977; 978; 1073; 1100
– Anti-Hispanic graffiti and derogatory talk, masonry contractor to pay damages to Latino workers, EEOC accord (N.D. Ill.), 438
– Failure to pay wages and overtime to African Am., Brazilian, and Latino workers, N.Y.C. contractor charged (N.Y. Sup. Ct.), 1094 – Harassment and retaliation, EEOC accord with Ariz.-based contractor for allowing and firing and complaints approved (D. Ariz.), 81 – Set-asides
See SET-ASIDES
– BIA
– Hurricanes
See HURRICANES
– ARRA projects, OSHA announces inspection program for bridge construction projects funded by ARRA, 666
– Omaha, law designating women and minority-owned business as disadvantaged violates state bar on preferences, implementation suspended, 129
– Burden of proof, owner and lessee defense that materials to build safe scaffold provided improperly shifts burden of ensuring safety to worker (N.Y. Sup. Ct. App. Div.), 636
– Duty of care, Ind. Transp. Dep't liable to independent contractor electrocuted while working on Marshall Cty. project (Ind. Ct. App.), 538 – Hexavalent chromium, overexposure of welders could lead to increase in liability claims, attorney says, 598 – Owner controlled insurance program, contractor that provides workers' compensation for subcontractors immune from claim for job injury (Tex.), 187 – Personal injury
See PERSONAL INJURY
See TORTS
– Clark Cty., county and paving firm barred from proceeding with highway widening project where lower bid rejected for improprieties in other state (D. Nev.), 789
– Future infrastructure development, new transportation projects to alleviate gridlock proceeding despite funding shortfall, 858 – Las Vegas construction sites, OSHA officials investigating state agency after string of worker deaths on projects, 784; bill providing safety training for workers and supervisors passed, sent to governor after fatalities on Las Vegas Strip sites, 484; signed, 517; OSHA review reveals serious concerns, including failure to issue citations and poorly trained instructors, says review of all states needed, report, 1082 – Legislative and regulatory roundup, 31; 267; 486; 904 – Prevailing wages, public works, 2009-10 survey, 1002 – Reno, notice of appeal filed for order remanding prevailing wage rate to state labor commissioner (Nev. Dist. Ct., rev sought), 972 – Toll roads, state senate approves bill establishing provisions governing construction and operation, opposition in assembly expected, 266; bill fails to make legislative cutoff, no action for 2 years, 485 – Weatherization, state senator introduces bill requiring prevailing wages on work done with federal stimulus funds, 60; signed, 545 – Workers' compensation, success in enacting law establishing collectively bargained programs despite veto getting attention from other states, 766
– Builder confidence, NAHB-Wells Fargo Housing Market Index (HMI), March, 85
– Census Bureau Survey of Constr. Industry, Jan., 2009, 15; Feb., 182; March, 250; total spending rate, March, 337; April, 406; May, 473; Aug., 962; Sept., 1148 – FRB Beige Book Surveys
– Independent contractors and subcontractors, bill requiring contractors on public projects to disclose information, including workers' compensation carriers, signed, 726
– Legislative and regulatory roundup, 728 – Manchester, AGC asks DOL to justify requiring PLA for Job Corps center, 985; contractor protects DOL use, 1051 – Stormwater discharges, EPA proposing to extend expiration date for general permit, 1088 – Workers' compensation, plumbers hurt while working may not get union benefits included in disability pay (N.H.), 58
– Legislative and regulatory roundup, 688; 728; 861
– Prevailing wages, no attorneys' fees for employer under offer-of-judgment rule, claim not frivolous (N.J.), 1122 – Public Utilities Bd.
– – Infrastructure investments, negotiated agreements for state electric and gas utilities approved, 264
– – Prevailing wages, bill requiring payment on construction projects financed by Bd. released by panel, 375; approved, 449; signed, 644 – Residential energy efficiency weatherization, DOL will make grant to LIUNA to train residents, 1142 – Worker classification, lower house passes bill requiring criminal penalties for employers who misclassify, fail to pay workers' compensation premiums, or file untruthful reports, 126; Senate passes, 449; signed, 646
– Legislative and regulatory roundup, 31; 63; 157; 267
– Stormwater discharges, EPA proposing to extend expiration date for general permit, 1088 – Sustainable building tax credit, new law expands to include construction or renovation of permanently installed manufactured housing that is sustainable, 422
– Apprenticeship programs, BCTD and IUOE local have no standing to challenge awarding public works project to contractor not meeting training requirements (E.D.N.Y.), 258
– Duchess Cty., resolution recommending PLA for public projects vetoed, 1094 – Energy efficiency of government, commercial, and residential buildings, legislative and jobs development plan proposed, 306 – Erie Cty., legislature approves tax-exempt bonds for qualified nonprofit projects, has prevailing wage requirements, 795 – Fraud, business, and Martin Act, state charges financier with violating state laws by entrusting client funds with Madoff (N.Y. Sup. Ct.), 279 – Fraudulently misclassifying workers, contractors arrested, state Labor Dep't announcement, 27 – Green Jobs - Green New York Act, bill creating jobs to improve energy efficiency, funding for conservation projects, signed, 1095 – Highway trust fund, only one third of funds used on roads and bridges since 1993, remainder used to pay operational expenses and debt service on bonds, report, 1156 – Legislative and regulatory roundup, 157; 486; 728; 861 – Mail fraud, money laundering, and obstructing grand jury, attorney pleads guilty to false reports on prevailing wages on state projects (E.D.N.Y.), 140; attorney's motions to dismiss indictment or withdraw guilty plea rejected, 839 – New York City
– – Building demolition and asbestos abatement, city leaders propose legislation to reform city oversight, 377; signed, 901
– – Cranes, proposed standard revision could increase risks by preempting local laws and displacing local inspectors, building commissioner says, hearing, 190; final rule to be issued next year, Barab tells advisory board, 715 – – Environmental Protection Dep't, consulting firm official pleads guilty to falsely representing qualifications of safety monitors on environmental sites (S.D.N.Y.), 532; second official sentenced , 924 – – Green buildings, bill requiring new state buildings and significant renovations of existing buildings to comply with green standards signed, 901 – – PLA, parties to talks between Building Trades Employers' Ass'n and BCTD of N.Y. optimistic about reaching pact addressing market pressures soon, 190; further concession proposals discussed, labor cost cuts needed to prevent canceled or stalled projects, 303; PLA attained, will allow stalled city projects to start, 375; Economic Recovery PLA hailed to mitigate the impact of economic downturn, 459; contractors and developers seeking more cost cuts as talks with unions continue, 543 – – Scaffolding
– – – Equal protection, due process, commerce, and supremacy clauses, OSH Act does not preempt city law protecting workers off the ground, no constitutional violations (2d Cir.), 835; business group seeks injunction barring N.Y. from enforcing scaffold law (W.D.N.Y.), 1121
– – – Permanent fire escape is equivalent structure, worker hurt in collapse during demotion may bring claim (N.Y. Sup. Ct., App. Div.), 606 – Prevailing wages
– – Charter schools, state law does not apply to construction, renovation, repair, and maintenance work (N.Y. Sup. Ct. App. Div.), 222
– – Failure to hire union workers or pay prevailing wages on new hospital construction project, IBEW local has no claim where not financed with state funds but union contractor has standing (N.Y. Sup. Ct., App. Div.), 721 – – Jurisdiction, Davis-Bacon Act does not apply to claims by laborers on projects that did not get federal funding, must bring state law claim (E.D.N.Y.), 258 – – Rate, elevator workers should be paid under the pact that has most elevator workers in city (N.Y. Sup. Ct.), 137 – Race bias, 6 firms owned by same contractor charged with failing to pay African Am., Brazilian, and Latino workers wages and overtime (N.Y. Sup. Ct.), 1094 – Saratoga Cty., BCTD PLA with M + W Zander for computer chip plant announced, state providing tax breaks and economic development incentives, 512 – Steel contractors, State Controller rejects contract to use stimulus funds for bridge work, contractor with connections to debarred firm not responsible bidder, 855 – ULP, builder failed to satisfy LMRA requirements in suit against unions for picketing use of nonunion labor (S.D.N.Y.), 601 – Wages and salaries, bill strengthening prompt payment requirements signed, 973 – Wicks Act, AGC files suit challenging amendment expanding number of projects meeting multiple contract requirements (N.Y. Sup. Ct.), 223 – Workers' compensation, asbestos removal contractor sentenced for concealing number of workers and nature of work to avoid premiums (N.D.N.Y.), 760; accountant enters guilty plea, 1143 – World Trade Center, asthma rates among rescue and recovery workers at highest of any groups exposed to dust and fumes, study, 811
– Wash., bill with tax breaks signed, 448
– Madoff Investment Securities, foundations with small boards lost more than other investors, Nat'l Cmte. for Responsive Philanthropy white paper, 598
– Minn., group of nonprofit groups supporting developers of affordable housing to bring green buildings into needy homes, 405 – Religious
– Cranes and derricks, new safety standard issued, include certification requirements for crane operators and signal operators, 903
– DBEs, statewide uniform certification program launched, streamlined system for qualified firms, 649 – Highway Trust Fund, governors do not have authority to use funding for other purposes without legislative approval (N.C. Ct. App.), 968 – Turnpike Auth., first public-private pre-development pact signed, evaluates feasibility of toll bridge over Currituck Sound, 349
– Workers' compensation, denying boilermaker benefits for failure to seek treatment from company-designated provider improper (N.D.), 931
– Picketing, cease-and-desist order against IBEW local for preventing workers from doing jobs and history of prior misconduct may be enforced (3d Cir.), 183
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