Construction Labor Report Index-Summary

RACIAL DISCRIMINATION

– Disadvantaged business enterprises

See DISADVANTAGED BUSINESS ENTERPRISES (DBEs)

– Failure to pay wages and overtime to African Am., Brazilian, and Latino workers, N.Y.C. contractor charged (N.Y. Sup. Ct.), 1094
– Federal contractors, crucial for contracts to maintain records to prove compliance with OFCCP EEO and affirmative action requirements, official says, 714
– Hiring hall, African Am. LIUNA members failed to show bias in referring jobs to friends and family only (S.D.N.Y.), 1090
– Hostile environment, EEOC charges Fla. contractor with retaliation against African Am. worker for complaints about insults, treats, and physical abuse (N.D. Fla.), 499
– Neb., Omaha law designating women and minority-owned business as disadvantaged violates state bar on preferences, implementation suspended, 129
– Referrals, sheet metal workers did not demonstrate that union process had disparate impact on African Am. workers but may be retaliation (8th Cir.), 410
– Removal in favor of white member, N.J. Civil Rts. Div. issues probable cause finding in complaint by former shop steward against PPF, 576
– Retaliation

– – Derogatory remarks, administrative assistant fired after complaining about co-worker may pursue claim, complaint to supervisor protected (M.D. Fla.), 637
– – Filing bias charge and systemic bias, fired black workers get damages, EEOC accord approved (N.D. Ill.), 478
– – Hostile environment and disparate pay, African Am. worker failed to show reasons for pay disparity were pretext, objectionable remarks insufficient, and reasons for layoff not rebutted (5th Cir.), 638

– Set-asides

See SET-ASIDES

– Training, shipyard workers failed to show reasons for not giving training on pieces of equipment were pretext and no animus (3d Cir.), 722
– Welfare funds, African-Am. contractor may not pursue bias claim for UBC suit for delinquent contributions (E.D. Pa.), 788

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Bribery scheme to let contractors skirt payment of wages and benefits, N.Y. UBC officials charged, executive secretary-treasurer accused before (S.D.N.Y.), 778
– Co-conspirators, union members and officers entitled to know identities in case against them for conspiracy and extortion (W.D.N.Y.), 215
– Conspiracy to embezzle from pension funds, former investment advisory firm consulted indicted (E.D. Mich.), 465
– Mail and wire fraud and extortion, landscaping workers may pursue claim for failure to pay prevailing wages on city projects (C.D. Cal.), 340
– Misappropriating union and public funds, electrical contractor charged with paying bribes to union official (S.D.N.Y.), 176; N.Y.C. CLC official sentenced, 433; contractor pleads guilty after union official sentenced, 767
– Murder, robbery, conspiracy, and extortion from contractor, organized crime figure convicted (S.D.N.Y.), 284; sentenced to life in prison, 809
– No-show job scheme, money laundering and conspiracy, convicted IUEC official failed to show trial counsel ineffective (E.D.N.Y.), 327
– Pattern of activity, Madoff-related investors file civil suit for fraud in sale of securities (E.D.N.Y.), 279; Madoff sentenced to 150 years in jail for Ponzi scheme that caused union pension funds and others to lose billions (S.D.N.Y.), 595; government request to delay restitution for victims granted, number so large to make restitution impractical, 596; foundations with small boards lost more than other investors, Nat'l Cmte. for Responsive Philanthropy white paper, 598
– Preemption, LMRA bars claims by excavation firm against IUOE local for conspiracy, fraud, and extortion (N.D. Ill.), 814
– Prevailing wages, nonunion contractor claims Pa. Labor Dep't debarment for failure to pay caused by unions trying to put out of business (E.D. Pa.), 304
– Racketeering and kickbacks, crime family associate pleads guilty of racketeering and conspiracy in low-show job scam (D.N.J.), 466
– Retaliation, worker has no claim for firing after refusing to defraud related machine operators where no proof of enterprise (N.D. Ill.), 18
– Undocumented workers, masonry contractor has no claim against competitor who won bid by using to lower payroll costs (N.D. Ill.), 759

RAILROADS

– FRA

See FEDERAL RAILROAD ADMINISTRATION (FRA)

– Transit security grant programs, DOT official assures House panel that references to Davis-Bacon Act rules included in FY2009 guidance, 147

REAL ESTATE

– Cobalt Land Dev., OSHA starts investigation into death of workers in scaffolding accident, 535
– Lindsay Park Housing, DOL recovers back pay for mechanics on N.Y. housing complex not paid prevailing wages, 708

REBAR

See CONCRETE AND CONCRETE CONSTRUCTION

RECOGNITION OF UNIONS

– Cal., San Diego, card check neutrality among pre-vote discussions at hearing to fill vacant seat on Unified Port Bd. of Comm'rs, 546
– Employee Free Choice Act

See LEGISLATION, FEDERAL, HR 1409, S 560

– Haw., bill making it easier to require based on card checks passed, governor expected to veto, 382
– ULP, drywall contractor improperly threatened workers with loss of work to get UBC representation despite LIUNA pact (NLRB), 1088

RECORDKEEPING

– Atlas Roofing, OSHA cites for violations but no fine where no risk of immediate death or serious injury, 535
– Corporate Injury, Illness, and Fatality Reporting Act

See LEGISLATION, FEDERAL, HR 2113

– Forms

See FORMS

RECYCLING

– Consumer Assistance to Recycle and Save Act

See LEGISLATION, FEDERAL, HR 3435

REDUCTIONS IN FORCE (RIFs)

– Benefit interference, worker not chosen for RIF to prevent vesting in retirement plan where no evidence of pretext (E.D. Mo.), 300
– Layoffs

See LAYOFFS

REFERRALS

See HIRING; HIRING HALLS

REFINERIES

See OIL AND GAS

REINSTATEMENT

– Rehiring

See HIRING

RELEASES

See WAIVERS

RELIGIOUS DISCRIMINATION

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

RELIGIOUS ORGANIZATIONS

– Adams Cty. Interfaith Housing, Pa. Labor Dep't refusal to establish prevailing wage rate classification for residential construction applicable to small renovation projects was abuse of discretion (Pa. Commw. Ct., en banc), 1056

REMEDIES

– Damages

See DAMAGES

– Exhaustion

See EXHAUSTION OF REMEDIES

– Fines

See PENALTIES

REPORTING REQUIREMENTS

See also FORMS
– ARRA projects, OMB announces updated web site and new plans for projects around the U.S., 563
– Falsifying work reports, IBB program firing not arbitrary or capricious but may pursue claim for ending plan participation (D. Mass.), 16
– LMRDA

See LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)

– N.J., lower house passes bill requiring criminal penalties for employers who misclassify workers, fail to pay workers' compensation premiums, or file untruthful reports, 126; Senate passes, 449; signed, 646

REPORTS

– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.

REPRESENTATION

– Legal fees

See ATTORNEYS' FEES

– Union

See specific unions
– – Elections for union representation

See REPRESENTATION ELECTIONS

– – Fair representation duty

See FAIR REPRESENTATION DUTY

REPRESENTATION ELECTIONS

– Colgate Scaffolding and Equip., UBC certified for bargaining unit of carpenters and laborers even though NLRB agent supervising election opened polls late (NLRB), 929
– Employee Free Choice Act

See LEGISLATION, FEDERAL, HR 1409, S 560

– Secret ballot elections, attorneys say states trying to guarantee right in private sector are really to block EFCA, NLRA preempts, Analysis, 161

RESIDENCY REQUIREMENTS

– Mo., St. Louis, ordinance setting participation goals for apprentices, minorities, women, and city residents signed, 822

RESIDENTIAL CONSTRUCTION

See NEW CONSTRUCTION

– Davis-Bacon Act, contractor misclassified and underpaid carpenters as laborers on N.J. housing development (DOL ARB), 816
– Drywall Safety Act

See LEGISLATION, FEDERAL, HR 1977, S 739

– Fall hazards

See FALL PROTECTION

– Fiduciary breach, officer and shareholder of bankrupt general contractor may not discharge debt to subcontractor after misallocating funds and failing to pay subcontractors (6th Cir.), 479
– Housing starts

See NEW CONSTRUCTION

– Imported Chinese drywall, CPSC investigation

See CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

– Legislative and regulatory roundup, 94
– Minn., group of nonprofit groups supporting developers of affordable housing, will bring green building into needy homes, 405
– Northwest Housewrights, partnership accounting not required before suit between partners for misappropriation of funds, unpaid wages, and failure to repay loan where corporation not formed (Wash. Ct. App.), 723
– Or., Labor Comm'r concerned about pending bill exempting affordable housing portion of mixed-use projects from prevailing wages, 308
– Prate Installations, arbitration award for UBC most favored nation clause violations upheld but may not get damages after pact end (N.D. Ill.), 355
– Pulte Homes, no injunction for LIUNA e-mail and voice mail messages after firing workers for organizing and efforts to organize subcontractors (E.D. Mich.), 997
– SelectBuild, workers get back pay for failure to pay for hours worked, overtime, and off-the-clock work in accord (C.D. Cal.), 1087
– Skilled labor shortages, construction sector faces if strict immigration controls put into place, professor says, 434
– Speedwell Design, tile work firm must make contributions to 2 union funds where separate CBAs involved but amount in dispute (E.D.N.Y.), 184
– Summit Contractors, OSHA may cite general contractors for hazards created by subcontractors at multiemployer states (8th Cir.), 5; review of liability for subcontractor sought (en banc rev sought), 218; citations upheld where general contractor was controlling employer (OSHRC), 758
– Super completed contract method of accounting, IRS posts updated directive on web site, expands scope of exemptions, amends rules for taxpayer changes, 960
– T&C Constr., OSHA announces fines for lack of safety program and employees failing to wear PPEs, 1147

RESPIRATORS

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

REST PERIODS

See BREAKS, MEAL AND REST

RESTAURANTS

See FOOD SERVICES

RESTRAINING ORDERS

See INJUNCTIONS

RETAIL INDUSTRY

– Cabela's, Reno, Nev. files notice of appeal of order remanding prevailing wage rate to state labor commissioner (Nev. Dist. Ct., rev sought), 972
– Dealers Elec. Supply, McGregor Act, state law barring liens on public buildings not only sole remedy for unpaid claims by subcontractor (Tex.), 677
– EFCA, most people support secret ballots, minority business officials oppose, 251
– Glacier Northwest, materials supplier required to continue time-loss benefits to injured concrete truck driver denied light duty after firing for violating safety rules (Wash. Ct. App.), 759
– Grocery

See GROCERY STORES

RETALIATION

– Organizing, coercive statements, no-talking rules, and imposing drug tests to discourage union activity were ULPs (D.C. Cir.), 299
– Race bias

See RACIAL DISCRIMINATION

– Retirement, worker forced into retirement for complaining about safety conditions may pursue claim against union where internal union practices inadequate (Minn.), 1000
– RICO, worker has no claim for firing after refusing to defraud related machine operators (N.D. Ill.), 18
– ULPs, plumbing contractor firing workers who met with union organizer and creating alter ego to avoid duties violated NLRA (NLRB ALJ), 413
– Whistleblowing

See WHISTLEBLOWING

RETIREE HEALTH BENEFITS

– Affordable Health Care for America Act

See LEGISLATION, FEDERAL, HR 3962, S 1796

– 403(b) plans

See 403(b) PLANS

RETIREMENT

– 403(b) plans

See 403(b) PLANS

– Group plans, EBSA issues guidance on new Form 5500 annual reports, 1113
– Retaliation, worker forced into retirement for complaining about safety conditions may pursue claim against union where internal union practices inadequate (Minn.), 1000

RHODE ISLAND

– E-Verify, governor has authority to require state contractors to register with and utilize (R.I. Super. Ct.), 225
– Legislative and regulatory roundup, 267

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

ROOFERS (RWAW)

– Local 11, no ULP in IBT and IUOE threats to picket if members used on green roof installation where no CBA with landscaping contractor (NLRB), 1057

ROOFING CONTRACTORS

– ANC Roofing, owner sentenced, fined for failure to protect workers from falls from unprotected skylights, 345
– Atlas Roofing, OSHA proposes fines, cites Ga. firm for failure to inspect energy control procedure in mills, 535
– C&C Roofing Supply, firm must pay liquidated damages for ULPs to fired workers but no duty to rehire undocumented workers (9th Cir.), 602; text, 614
– Comet Roofing, failure to file disclosure statement for apartment project violated Wash. registration law (Wash. Ct. App.), 1060
– Copeland Contracting, owner arraigned for evading workers' compensation payments and filing false tax returns (Mass. Super. Ct.), 346
– Gulfstream Roofing, owner sentenced for using shell companies and check cashing services to underpay premiums (Fla. Cir. Ct.), 765
– J.P. Carroll Constr., OSHA issues willful citations for fall-related hazards and serious citations for scaffold and work platform violations, fines proposed, 472
– Prime Roofing, broad definition of notice of contest approved, motion for voluntary dismissal with prejudice valid, ALJ must decide if letter to OSHA timely (OSHRC), 1054
– Southern Certified, OSHA cites for violations relating to fatal fall, proposes fines, 117

RULES AND REGULATIONS

– Generally

See specific agencies and subjects

RWAW

See ROOFERS (RWAW)