Construction Labor Report Index-Summary

PAINTERS (IUPAT)

– Council No. 3, Builders Ass'n of Kansas City pact attained, 270
– Dist. Council 36, San Diego hotel developer ends project, cites interference by UNITE HERE and coalition of construction unions, 973
– Dist. Council 80, M-CO pact ratified, 970
– Dist. Council No. 30, attorneys' fees award to multiemployer pension fund need not be proportional to amount of contributions eventually collected (7th Cir.), 849
– Glaziers Local 558, Builders Ass'n of Kansas City pact attained, 270
– Health and Welfare Trust Fund, painting contractor not required to make contributions for nonbargaining unit workers where owner never notified (W.D. Wash.), 368
– Local 27, Ass'n of Glazing Contractors of Chicagoland pact ratified, 542
– Local 86, no ULP in asking worker about whether UBC card signed where choice of union related to health benefits (NLRB), 338
– S. Cal. Dist. Council

– – Double-breasting, union failed to show nonunion contractor bound by pact signed by union firm that got help from nonunion firm (9th Cir.), 88
– – Jurisdictional dispute, drywall contractor improperly threatened workers with loss of work to get UBC representation despite IUPAT pact (NLRB), 1089

PAINTING CONTRACTORS

– A&L Painting, Ohio Transp. Dep't had only general supervisory role, no liability for worker exposure to lead-based paint while sandblasting before painting (Ohio Ct. App.), 756
– Annapolis Painting Servs., owner pleads guilty to hiring undocumented workers and money laundering after ICE raid (D. Md.), 341
– Lead exposure

See LEAD

– M-CO, IUPAT Dist. Council 80 pact ratified, 970
– Rodin and So. Cal. Painting, IUPAT failed to show nonunion contractor bound by pact with related firm that used nonunion firm workers (9th Cir.), 88
– Schmuck Bros., trust fund not entitled to contributions for nonbargaining unit workers where owner never notified (W.D. Wash.), 368

PART-TIME EMPLOYEES

– Legislative and regulatory roundup, 157; 194; 227

PAVING CONTRACTORS

See HIGHWAY CONSTRUCTION

PAY

See WAGES AND SALARIES

PAY EQUITY

– Race bias, African Am. worker has no retaliation claims where reasons for pay disparity not pretext, objectionable remarks insufficient, and reasons for layoff not rebutted (5th Cir.), 638

PAYROLL TAXES

– Fraud, N.Y.C. contractor pleads guilty to paying workers off the books in cash and issuing false currency transaction reports to evade (S.D.N.Y.), 1144
– Off-the-books pay, contractor pleads guilty to conspiracy to evade payroll taxes (S.D.N.Y.), 209; contractor sentenced, prosecutors announce, 992
– Withholding requirement, speakers endorse repeal, could create cash flow problems for employers, IRS hearing, 253

PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

PENALTIES

– A-1 Excavating, excavator to pay fines, upgrade worker safety and health, OSHA accord, 1052
– AMC Bld. Constr. and other contractors, contractor to pay fines for misclassifying workers on apartment developments, 29
– Atlantic States Cast Iron Pipe, firm find, submits to monitoring for multiple environmental and safety law violations after managers convicted of conspiracy (D.N.J.), 289
– Atlas Roofing, OSHA proposes fines, cites Ga. firm for failure to inspect energy control procedure in mills, 535
– Broadway Concrete, firm to pay pealties for fall hazards, OSHA accord, 13
– Construction standard, citation for failure to implement fall protection system vacated, OSHA failed to establish standards applied (OSHRC, rev grant), 635
– Equitable, developer ordered to pay civil penalty for failure to abide by asbestos rules in renovating building (Iowa Dist. Ct.), 421
– ERISA, EBSA proposes procedures for assessing civil penalties against multiemployer 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
– Failure to ensure scaffolds were properly erected and inspected, OSHA proposes fines for serious and repeat safety violations, 840
– 4 Brothers Stucco, OSHA proposes fines for repeat and serious violations of fall protection and other hazards, 212
– Freedom from Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– Independent contractors, Pa. law providing for civil and criminal penalties for intentionally misclassifying or paying under the table passed, 376
– J.P. Carroll Constr., OSHA issues willful citations for fall-related hazards and serious citations for scaffold and work platform violations, fines proposed, 472
– Key Enters., OSHA cites excavation firm for serious and repeat trenching violations, proposes fines, 116
– LandCoast Insulation, OSHA citation contractor for willful trenching violations that caused injuries and death, penalties proposed, 180
– Md., bill setting civil penalties for construction and landscape service firms who knowingly misclassify workers passed, among governor's priorities, 223; signed, 377
– OSHA policies, review to update field operations guide being reviewed, maximums set by OSH Act, 716
– 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
– Protection America's Workers Act

See LEGISLATION, FEDERAL, HR 2067

– Proudy Constr., OSHA cited for willful violations in trench collapse that killed 4, fines proposed, 84
– T&C Constr., OSHA announces fines for lack of safety program and employees failing to wear PPEs, 1147
– Trenches and shoring, OSHA cites Mo. general contractor for willful and serious violations, 784
– Workers' compensation, Wash. contractor should have paid premiums on workers misclassified as partners to avoid payment (Wash. Ct. App.), 1124

PENNSYLVANIA

– High-Performance, State-Funded Buildings Standards Act, House approves bill requiring state funded work to comply with energy and environmental standards, referred to Senate, 856
– Independent contractors, law providing for civil and criminal penalties for intentionally misclassifying or paying under the table passed, 376
– Legislative and regulatory roundup, 157; 227; 688; 728; 823
– Philadelphia, city, owners, contractors, unions, and educators should work toward more diverse participation in workforce, task force report, 125
– Prevailing wages

– – Adams Cty. Interfaith Housing, Labor Dep't refusal to establish rate classification for residential construction and apply to small renovation projects was abuse of discretion (Pa. Commw. Ct., en banc), 1056
– – Sanctions, nonunion contractor claims state Labor Dep't debarment for failure to pay caused by unions trying to put out of business (E.D. Pa.), 304

– Prison projects, open shop contractors challenge provision requiring contractor and subcontractors to execute PLAs, state agrees to reissue RFPs (Pa. Commw. Ct.), 899
– Transp. Dep't

– – Highway improvement project, bids sought, starts contracting process for transportation infrastructure projects funded by ARRA, 91
– – State agencies funded by U.S., doubt cast on lower court decision to exclude false claims by consultants (3d Cir.), 443

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Financial and actuarial data reporting and waivers, final rule issued, gives agency chance to anticipate and minimize potential liabilities from unfunded plan terminations, 77

PENSION PROTECTION ACT (PPA)

– Defined benefit plans, most employer plans need government help, IBT official urges amendment to allow amortization of unfunded liabilities, 712
– Status freeze, more than 2/3 of calendar year multiemployer plans with critical funding status took advantage of election opportunity, survey, 632; IRS seeks public comment on revocation of status freeze elections, 665

PENSION WELFARE BENEFITS ADMINISTRATION

See now EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

PENSIONS

– Bankruptcy, court may enforce arbitration order that firm must recalculate benefits after failing to use pact cap on covered earnings (N.D.N.Y.), 369
– Disability

See DISABILITY BENEFITS

– EBSA

See EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

– ERISA

See ERISA

– Fiduciaries and fiduciary breach

See FIDUCIARY DUTY

– Financially strapped, plan sponsors should consider plan amendments to cut costs and/or contributions instead of elimination, 922
– 401(k) Fair Disclosure and Pension Security Act

See LEGISLATION, FEDERAL, HR 2989

– 403(b) plans

See 403(b) PLANS

– Fraudulent hedge funds, Madoff Investment Securities

See FINANCIAL INSTITUTIONS

– Group plans, EBSA issues guidance on new Form 5500 annual reports, 1113
– Hour bank, participant who had break in service may not use plan provision to extend years of service past 1976 when ERISA vesting period changed (2d Cir.), 680
– Infrastructure investment, rate likely to grow as market matures and more vehicles available, speakers say, 988
– Multiemployer

See MULTIEMPLOYER PLANS

– PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Plan assets, provision relieving trustee to duty to ensure that employers make contributions violates ERISA (D. Mass.), 151
– Private system, ERISA Advisory Council evaluates adequacy and structure, some call for total overhaul others suggest building on current system, 957
– Top hat plans

See TOP HAT PLANS

PERMITS

– Stormwater discharges from construction activity, EPA proposal to extend expiration date of general permits it issued, 1119

PERSONAL INJURY

– Asbestos

See ASBESTOS

– Negligence

See NEGLIGENCE

– Prejudgment interest, wife of man who died from asbestos exposure may not recover from each defendant found jointly liable (Cal. Ct. App.), 262
– Torts

See TORTS

– Workers' compensation

See WORKERS' COMPENSATION; specific states

PERSONAL PROTECTIVE EQUIPMENT (PPE)

– Electrical power transmission work, OSHA revising standard to bring requirements to same level as for construction, semiannual regulatory agenda, 364
– Legislative and regulatory roundup, 94; 157; 267; 795; 823; 861
– Penalties, 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
– Respirators, OSHA issues new guidance on protection factors for revised standard, 181; industrial hygiene group supports NIOSH proposals to update quality assurance and approval tests, 249
– Safety attire, high-visibility garments required for highway and road construction workers, OSHA interpretation letter, 1145

PETROLEUM

See OIL AND GAS

PICKETING

– Freedom from Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– Preventing workers from doing jobs and history of prior misconduct, cease-and-desist order against IBEW Local 98 may be enforced (3d Cir.), 183
– Trying to force workers to organize and materials maker to recognize, IBT accord with materials maker approved (NLRB), 889
– Use of nonunion labor, builder failed to satisfy requirements for claim against unions (S.D.N.Y.), 601

PIERCING THE CORPORATE VEIL

See ALTER EGOS

PIPELINES

– Oil and gas

See OIL AND GAS

PLANT CLOSINGS

– Layoffs

See LAYOFFS

PLAs

See PROJECT LABOR AGREEMENTS (PLAs)

PLASTER CONTRACTORS

See DRYWALL CONTRACTORS

PLASTERERS AND CEMENT MASONS (OP&CMIA)

– Apprentices, DOL awards funds to help update programs, 783
– Local 5, request by benefit funds to recover costs of determining unpaid contributions properly denied where qualifications of auditor and tasks done not included (7th Cir.), 639
– Local 200, TRO requires stopping suits against drywall contractor to force assigning plastering work to members until NLRB rules on ULPs (C.D.. Cal.), 119
– Local 262, BAC may perform exterior insulation and finishing system work on nursing home, retail stores, and garage based on CBA, employer preference, past practice, and relative skills, picketing threats were ULP (NLRB), 761
– Local 518, Builders Ass'n of Kansas City, Mo., pact attained for sports complex after strike over higher wage offer to IW Local 10, 174; IW Local 10 pact attained, 302; OP&CMIA pact ratified, Plasterers Local 518 pact attained, 302
– Local 528, memo binding nonunion contractor to future master pacts in exchange for temporary participation not union contracts, LMRA inapplicable (W.D. Wash.), 671
– Local 592, Gen. Building Contractors Ass'n pact attained, 343
– Local 599, UBC and not union may do fireproofing work on Wis. hospital jobsite based on employer preference, practice, and job loss (NLRB), 894
– Local 692, NW Ind. Contractors Ass'n pact ratified, 641

PLUMBERS AND PIPE FITTERS (PPF)

– Apprentices, DOL awards funds to help update programs, 783
– Detroit area, civil engineering firm bound by national pact not required to make industry promotion fund contributions required by local CBAs (6th Cir.), 185
– Local 8, plumbing contractor firing workers who met with union organizer and creating other firms to avoid duties violated were ULPs (NLRB ALJ), 413
– Local 9, N.J. Civil Rts. Div. issues probable cause finding in race complaint by former shop steward removed and replaced by white member, 576
– Local 21, Plumbing and Mechanical Contractors Ass'n of the Hudson Valley pact extended, 343
– Local 38, resort renovated using union pension funds to close but says no effect on 2007 consent decree, all staff will lose jobs, 918
– Local 98 Pension Fund, plumbing contractor personally liable for unpaid contributions (E.D. Mich.), 260
– Local 130, plumbing contractor that endorsed arbitration panel authority to decide benefit fund liability may not challenge after decision (N.D. Ill.), 1055
– Local 447 and 343, citizens and unions may not pursue claims for unfair competition in using subcontractors who don't pay prevailing wages on public works (Cal. Ct. App.), 340
– Local 501, Plumbing and Mechanical Contractors Ass'n of N. Ill. pact ratified, 792
– Local 525 Pension Plan, suit filed against investment manager for failure to conduct due diligence before investing in Madoff-related funds, 259; 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
– Local 537 Pension Fund, no ERISA violation in calculating benefits accruals differently after break in service (D. Mass.), 604
– Local 539, NLRB must hear nonunion mechanical contractor's claim that union threatened to rescind grant if union contractor allowed subcontracting (Minn.), 793
– Local 562 Pension Fund, Wis. county retirement system made lead plaintiff in class suit against mortgage insurer for failure to disclose subprime loans (E.D. Wis.), 221
– Local 773, S. Glens Falls, N.Y. area contractors' pact attained, 481
– Locals 98 and 636, contractor that signed national pact incorporating 2 Mich. locals not required to make industry promotion contributions to both benefit funds (6th Cir.), 507; (en banc rev den), 895
– N.H., plumbers hurt while working may not get hourly union benefits included in workers' compensation rate (N.H.), 58
– Steamfitters affiliate

See STEAMFITTERS

PLUMBING CONTRACTORS

– Copper Craft Plumbing, firing workers who met with union organizer and creating alter ego to avoid duties was ULP (NLRB ALJ), 413
– Fellhauer Mech. Sys., BCTD argues Ohio prevailing wage law applies whenever public entity funds development in any way (Ohio, oral arg), 153; no requirement to pay prevailing wages on private projects partially funded by state and local incentives (dec), 647
– Genz-Ryan Plumbing and Heating, evergreen clause requires contractor who participated in 11 rounds of bargaining bound by provisions of expired SMWIA pact (D. Minn.), 670; dispute over contributions owed will proceed to trial, 787
– 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
– Midwest Pipe Insulation, NLRB must hear nonunion mechanical contractor's claim that union threatened to rescind grant if union contractor allowed subcontracting (Minn.), 793
– M&P Master Plumbers of Mich., owner personally liable for unpaid fringe benefit contributions to PPF pension fund (E.D. Mich.), 260
– Plumbco, Mo. files charges against subcontractor for failing to pay prevailing wages on school facility and rebating worker's wage (Mo. Cir. Ct.), 575
– Plumbing and Mechanical Contractors Ass'n

– – Hudson Valley, PPF Local 21 pact extended, 343
– – No. Ill., PPF Local 501 pact ratified, 792

– Plumbing Contractors Ass'n of Chicago and Cook Cty., contractor waived right to contest arbitration panel authority by challenging only after decision (N.D. Ill.), 1055
– S. Glens Falls, N.Y., PPF Local 773 pact attained for multiple contractors, 481
– Worth & Co., merit-shop contractor claims Pa. Labor Dep't debarment for failure to pay prevailing wages was due to SMWIA Local 19 and LIUNA trying to put out of business (E.D. Pa.), 304

POLITICAL ACTIVITIES

– Or., bill barring bias against workers who opt out of participation in employer-sponsored meetings passed, 579

PPA

See PENSION PROTECTION ACT (PPA)

PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

PPF

See PLUMBERS AND PIPE FITTERS (PPF)

PREEMPTION

– ERISA

– – Apprentices, Mich. law setting ratio and equivalency requirements for electricians not barred (U.S., rev den), 107; state inspectors to start enforcing ratios, 155
– – Health care reform

See HEALTH INSURANCE

– Immigration Reform and Immigrant Responsibility Act, Ill. law barring employers from enrolling in E-Verify invalid (C.D. Ill.), 123
– LMRA

– – ERISA, excavation firm barred from suing IUOE local for misrepresenting contribution duties for nonunion workers (D. Minn.), 846
– – RICO, excavation firm's claims against IUOE local for conspiracy, fraud, and extortion barred (N.D. Ill.), 814
– – Secondary boycott, hotel contractor has no LMRA claim for UBC trying to force concrete subcontractor to unionize but may be defamation (W.D. Wash.), 932

– NLRA

– – Antitrust, Ill. claims for secondary boycott barred but complete preemption converts state common law complaint into federal one (7th Cir.), 205
– – Defamation and tortious interference in business relations, nonunion excavator's suit against LIUNA barred where acts barred by §§7 and 8 (Ohio Ct. App.), 1059
– – Secret ballot elections, attorneys say states trying to guarantee right in private sector are really to block EFCA, NLRA bars, Analysis, 161
– – Tortious interference, worker forced into retirement for complaining about safety conditions barred from suit against union (Minn.), 1000

– OSHA, proposed crane standard revision could increase risks by preempting local laws and displacing local inspectors, N.Y.C. building commissioner says, hearing, 190

PREFERENCES

See AFFIRMATIVE ACTION
– DBEs

See DISADVANTAGED BUSINESS ENTERPRISES (DBEs)

– Set-asides

See SET-ASIDES

PREGNANCY DISCRIMINATION

– Reassignment, welder's transfer to tool room not adverse action where temporary and same salary and benefits (W.D. Ky.), 371

PRELIMINARY AND POSTLIMINARY ACTIVITIES

– Off-the-clock work

See OFF-THE-CLOCK WORK

PRESCRIPTION DRUG BENEFITS

– Affordable Health Care for America Act

See LEGISLATION, FEDERAL, HR 3962, S 1796

PRESIDENT, U.S.

– Appointments

See specific agencies

PREVAILING WAGES

– Am. Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– American Clean Energy and Security Act

See LEGISLATION, FEDERAL, HR 2454

– Clean Energy Jobs and American Power Act

See LEGISLATION, FEDERAL, S 1733

– Davis-Bacon Act

See DAVIS-BACON ACT

– Davis-Bacon Repeal Act

See LEGISLATION, FEDERAL, HR 2900

– Electricians in Ky. and Tenn., electrical contractors must wait for DOL Wage and Hour Div. review of wage determinations (DOL ARB), 817
– Federal projects

See DAVIS-BACON ACT

– FY2010 budget plan

See LEGISLATION, FEDERAL, SConRes 13

– Legislative and regulatory roundup, 31; 63; 94; 157; 194; 227; 267; 486; 688; 728; 795; 823; 861; 904
– Military Constr. and Veterans Affairs Appropriations Act, 2010

See LEGISLATION, FEDERAL, HR 3082

– State laws and developments

See specific states

– Transp. Preservation and Improvement Act

See LEGISLATION, FEDERAL, S 1474

– Weatherization

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

PRISONS

See CORRECTIONAL FACILITIES

PRIVACY

– Minn., employees hired by independent contractors hired by state not covered by data practices law, data public and must be disclosed upon request (Minn.), 374

PROJECT LABOR AGREEMENTS (PLAs)

– Administration position, Solis calls win-win, Abercrombie (D-Haw) urges for military housing, 397; OMB memo advises officials to implement E.O. 13502 allowing agencies to use PLAs when appropriate without delay, proposed rule amending FAR published, 621; text, OMB memo, 651; FAR councils considering 30 day extension for comment period, 805; comment period reopened with new deadline, contractor associations and LIUNA asked to comment, 838; HUD publishes final rule making PLA mandates discretionary, ABC says Obama exceeded presidential authority in issuing, 876; AGC asks DOL to justify requiring for Job Corps center in Manchester, N.H., 985; unions want to broaden scope of covered PLAs, contractors want advance notice, comments posted, 1044; contractor protects DOL use, 1051; panelists discuss implications, disagree over whether federal agencies need, 1081; Commerce Dep't publishes proposal to update acquisition rules to match provisions for federal contractors, 1082
– Legislative and regulatory roundup, 63
– Project costs, PLAs help predict and control publicly funded projects, does not limit pool of bidders or prejudice nonunion contractors, report, 256
– Saskatchewan, Constr. Indus. Labor Relations Act, proposed amendments address restrictions, lets firms negotiate union pact for specific projects, 100
– State and local laws and projects

See specific states

– Strikes, McCarron said pacts should include penalties for work stoppages, 701
– Time-saving and money-saving tool for construction managers, economic downsizing requires better coordination and communication, speakers say, 1114

PUBLIC CONTRACTS

– Federal

See FEDERAL CONTRACTS AND CONTRACTORS

– State and local

See specific states

PUBLIC EMPLOYEES

– State and local

See specific states

PUBLIC WORKS

– ARRA

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Buy America provision