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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
SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU)
– Hostile environment by male superintendent at federal hurricane bridge repair, EEOC charges contractor (E.D. La.), 993
See FALL PROTECTION
– Colgate Scaffolding and Equip., UBC certified for bargaining unit of carpenters and laborers even though NLRB agent supervising election opened polls late (NLRB), 929
– California
– – John Swett Unified Sch. Dist., PLA approved, urges using local resources including DBEs and veterans for high school project, 156
– – Los Angeles Unified Sch. Dist., health benefit pact attained, 63 – – San Diego Unified Sch. Dist., oversight panel to investigate jurisdiction over and impact of PLA for construction jobs funded by bonds, 309; PLA with local construction unions approved, 482; AGC charges project stabilization pact violates Cal. apprenticeship law (Cal. Super. Ct.), 764; right to work group files ULP charge on behalf of nonunion contractor, 1068 – Legislative and regulatory roundup, 486; 904 – Md., bill authorizing funding for modernizing, renovating, and repairing schools emphasizing use of green techniques in FY2010, 404 – Mass., painting firm agrees to pay fines and restitution for failure to pay prevailing wages and overtime on state school and other construction projects., 60 – Missouri
– – Failure to pay prevailing wages and rebating worker's wage, state files criminal changes against contractor (Mo. Cir. Ct.) (Mo. Cir. Ct.), 575
– – St. Louis, AGC charges school district improperly required union-only PLA, 902
– – Buffalo, contractor may not bar LIUNA from grieving dispute over hiring UBC members to work on renovation project (W.D.N.Y.), 675
– – Prevailing wages, state law does not apply to construction, renovation, repair, and maintenance work at state charter schools (N.Y. Sup. Ct. App. Div.), 222 – – Rockland Cty., contractor agrees to pay restitution after subcontractors plead guilty to failure to pay prevailing wages, prosecutors say, 725
– – Akron, oversight review board approves 3 PLAs for upcoming projects approved, 726
– – Cincinnati Public Schools, school board adopts expanded responsible bidder rule, requires prevailing wages and health and retirement plans for district projects, 858 – Tex., Mercedes, McGregor Act barring liens on public buildings not only remedy for unpaid claims by subcontractor (Tex.), 677 – Univ. of Mass.-Dartmouth, Mass., drywall contractor to pay fines, accept debarment for underpaying workers on public projects, 547 – Wash., bill requiring higher education public works contracts to provide for apprentice utilization signed, 345
– Construction, state and local projects
– Antitrust, NLRA preempts contractor claim but complete preemption converts state complaint into federal one (7th Cir.), 205
– Flyers and leaflets at work site, hotel contractor has no LMRA claim for UBC trying to force concrete subcontractor to unionize but may be defamation (W.D. Wash.), 932 – Pressuring neutral employers to stop doing business with nonunion firms, NLRB properly issued cease-and-desist order against UBC regional council (3d Cir.), 87 – Threats, coercion and restraint, jury award to nonunion subcontractor for UBC attempts parties upheld, evidence supports damages and jury instruction proper (N.D. Ga.), 815
– Advisors
– Madoff investigation, exhibits to IG report on agency handling released, 1143
– Madoff Investment Securities
See FIDUCIARY DUTY
– Madoff Investment Securities
See FIDUCIARY DUTY
– Prevailing wages
See DAVIS-BACON ACT
– DBEs
– Indian Health Care Improvement Act reathorization
– DBEs
– Hiring
– – Job referrals, temporary agency to pay damages for failure to refer women for day labor jobs in Mass., EEOC accord (D. Mass.), 631
– – Sex-segregated workforce that denied women equal opportunities, prefabricated building maker to pay damages, intensify recruitment of women, EEOC accord (W.D.N.C.), 818 – Restrooms, only female welder has claim for failure to provide equivalent facilities such as private locker room (W.D. Ky.), 371
– Same-sex
– Sheet Metal Contractors Ass'n
– – Evansville, BAC Local 7 pact ratified, 852; takes effect, 896
– – Mid-Atlantic Chapter, SMWIA Local 100 pact ratified, 937
– Asbestos, workers without asbestos indirectly exposed show increased risk of developing lung cancer, study, 810
– Prevailing wages, public works contractors employing sheet metal workers may not pursue claim challenging Del. Labor Dep't adoption of increased rate (Del. Ch.), 570
– Health care, joint letter with Contractors' Ass'n to dissuade Congress from adopting proposals to tax fringe benefits sent, 462
– Local 2, workers did not demonstrate that union referral process had disparate impact on African Am. workers but may be retaliation (8th Cir.), 410 – Local 10 Trust Fund, evergreen clause requires contractor who participated in 11 rounds of bargaining to be bound by multiemployer fringe benefit contribution provisions of expired pact (D. Minn.), 670; dispute over contributions owed will proceed to trial, 787 – Local 19
– – Failure to recognize craft jurisdiction in assigning work on school projects, U.S. courts may hear LMRA claims for pact breach (E.D. Pa.), 440
– – Prevailing wages, nonunion contractor claims Pa. Labor Dep't debarment for failure to pay caused by union trying to put out of business (E.D. Pa.), 304 – Local 28, Sky contractor must pay benefit funds delinquent contributions and interest but no attorneys' fees where union did not submit adequate documentation (E.D.N.Y.), 1152 – Local 33
– – Prevailing wages, Ohio law applies only to workers on site of public improvement project, claim for off-site workers who fabricated materials rejected (Ohio), 567
– – Travel pay, arbitration panel exceeded authority in resolving grievance against HVAC contractor more than 30 days of learning of facts (6th Cir.), 569 – Local 100, Sheet Metal Contractors Ass'n Mid-Atlantic Chapter pact ratified, 937 – Local 206, San Diego hotel developer ends project, cites interference by UNITE HERE and coalition of construction unions, 973 – Local 270, 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 – Nat'l Pension Fund and Industry Stabilization Agreement, benefit funds may get delinquent contributions from signatory firm but audit request denied (E.D. Va.), 1001 – Nat'l Pension Fund, no abuse of discretion in suspending retired worker's benefits while working postretirement on asbestos abatement (E.D. Va.), 605 – UTU merger, union official says proposal dead despite appeal, enjoined after members complained about inadequate notice of referendum, 666
– 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
– Kvaerner-Phila. Shipyard, African Am. shipyard workers failed to show reasons for not giving advanced training were pretext and no racial animus (3d Cir.), 722
– FMLA
– Guest workers, no clear consensus on handling future flow in comprehensive immigration reform, witnesses say, 331
– Immigration reform, immigration task force urges Congress to move forward, should include steps to attract skilled labor to U.S., cut visa caps, 633 – Undocumented workers, construction sector faces shortages if strict immigration controls put into place, professor says, 434
See DEFAMATION
– Bonding Assistance Initiative, Caltrans partners with agency to boost number of surety bond firms to increase chances for small contractors to bid, 450
– Economic crisis, Obama acknowledges difficulty of getting credit, plans talks with community bank sector to boost credit, 113
– STAA, owners urge Congress to pass reauthorization, say jobs for construction would be created, 663
– Employment eligibility verification
– – 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
– Occupational safety and health, electrical contractor willfully violated state OSH Act in death of workers in trench collapse (U.S., rev den), 538
– Legislative and regulatory roundup, 904
– Stadiums
– Divorce, failure to give timely notice to plan administrator bars UBC welfare fund duty to extend COBRA coverage (E.D. Pa.), 999
See HIRING
– Prevailing wages, electrical contractor may bring suit against N.Y. hospital where job awarded based on lower bid but contractor failed to use union workers or pay wage rates (N.Y. Sup. Ct. App. Div.), 721
– Training, BCTD and IUOE local may not challenge awarding public works project to contractor not meeting requirements where no injury shown (E.D.N.Y.), 258
– Apprenticeship agencies, DOL awards grants to expand partnerships with programs registered with ETA, 626
– Highways – School construction
– Chapter 9, GASB seeking comments on draft guidance, 599
– Federal preemption
See PREEMPTION
– Legislative and regulatory roundup, 31; 63; 94; 157; 194; 227; 267; 486; 688; 728; 795; 823; 861; 904 – Secret ballot elections, attorneys say states trying to guarantee right in private sector are really to block EFCA, NLRA preempts, Analysis, 161 – Specific states
See specific states
– AFL-CIO, top affiliates despite membership decrease, report, 1021
– Benefit fund contributions, flooring firm may not argue UBC pact unenforceable where no stay requested when fringe benefit contribution arbitration started (S.D.N.Y.), 681
– Travel pay, arbitration panel exceeded authority in resolving SMWIA grievance against HVAC contractor more than 30 days of learning of facts (6th Cir.), 569
– Local 449 pension fund, trustees file class action against investment firm for failure to exercise due diligence before investing plan assets in Madoff Ponzi scheme (E.D. Pa.), 539; motion to consolidate all ERISA claims by union benefit plans granted (J.P.M.L.), 817
– Steel Enters., firm that did work assigned to another firm that was signatory to IW pact liable as alter ego for unpaid pension fund contributions (E.D. Mich.), 1153
– Area Erectors, EEOC accord for firing black workers for race and in retaliation for bias charge approved (N.D. Ill.), 478
– BEKO Assoc., steelmaker must make benefit fund contributions for every hour workers are paid, not just hours worked (D. Utah), 441 – Buy America provision – Greenhouse gases, factories likely to be regulated under climate change laws, cost of allowances could be prohibitive, 335 – NW Ind. Contractors' Ass'n, IW Local 385 pact ratified, 683 – Other metals
See METALS INDUSTRY
– AFL-CIO, top affiliates despite membership decrease, report, 1021
– Grocery
See GROCERY STORES
– Atlantic Scaffolding, no ULP where oil refinery maintenance firm fired UBC Local 502 members who engaged in work stoppage (NLRB), 1091
– Building Contractors' Ass'n of Kan. City, Mo., OP&CMIA Local 518 pact attained for sports complex after strike over higher wage offer to IW Local 10, 174 – Building Contractors Ass'n of NE Ind., UBC strike starts after pact talks stall, 509; strike to continue as long as it takes, members picketing, talks slow, 573; pact attained, 608 – Freedom from Union Violence Act – PLAs, McCarron said pacts should include penalties for work stoppages, 701 – S.J. Louis Constr., IUOE Local 139 strike over expired contract spread to more job sites, ULP charges filed, 609 – Tile, Marble & Terrazzo Contractors Ass'n of Indianapolis, BAC Local 4 pact attained, strike ends, 572 – ULP, concrete firm has no claim against IBT local for continuing strike after pact ratified but must arbitrate failure to sign (U.S., rev grant), 600 – Work stoppage, no ULP where oil refinery maintenance firm fired UBC Local 502 members after return from job action over pay raises (NLRB), 1091
See MASONRY
– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.
– Check cashing, owner and firm sentenced for failure to file currency transaction reports for checks cashed by shell companies (S.D. Fla.), 560; employees sentenced, 995
– Government use
See CONTRACTING OUT
– Overtime, oral pact between contractor and subcontractor to pay additional expenses unenforceable (N.Y. Sup. Ct. App. Div.), 723 – ULP, general contractor that used another firm to avoid UBC pact duties must pay lost wages and benefit fund contributions (D.N.J.), 150
– Investigatory, NLRB regional personnel to use e-filing procedures to expedite revocations in ULP cases, memo, 1111
See MASS TRANSIT
– Family businesses, electrical contractor and associated firms jointly liable for unpaid IBEW benefit plan contributions (S.D. Ill.), 298
– Fringe benefits, IW benefit funds must prove successor formed to evade duties under IW pact (E.D. Wash.), 1154 – Identity of workforce, elevator contractor was successor, bound by CBA with IUOE Local 1 to arbitrate disputes (E.D.N.Y.), 1027 – Prior knowledge, purchaser not successor where no knowledge of suit for unpaid pension contributions (N.D. Ill.), 121 – ULPs, building material supplier that took over Conn. distribution center unlawfully refused to hire union members (NLRB), 1029
See GROCERY STORES
– Appointments and personnel changes, Sotomayor brings broad range of experience in benefits cases, has heard wide variety of labor and employment law cases, 432
– Bankruptcy, order permitting sale of Chrysler's assets to new firm vacated, senior secured creditors object to treating unsecured creditors more favorably (vac), 506; consumer and personal injury groups oppose eliminating successor liability (rev sought), 506; pension funds' efforts to halt sale rejected (2d Cir.), 789 – ERISA, Mich. law setting ratio and equivalency requirements for apprentice electricians not preempted (rev den), 107 – LMRDA, union has right to sue former officer for fiduciary breach in diverting real estate transaction for personal benefit (rev den), 1043 – Multiemployer plans, employer duty to contribute to pension fund did not extend beyond IBT pact expiration (rev den), 152 – NLRB, 409 cases may have to be reheard if cases decided without 3 members not valid (rev grant), 1151 – Occupational safety and health, electrical contractor willfully violated S.C. OSH Act in death of workers in trench collapse (rev den), 538 – Preemption, solicitor general invited to file brief expressing government view on whether IRCA bars Ariz. law requiring E-Verify use (brief sought), 1150 – Strikes, concrete firm has no claim against IBT local for continuing after pact ratified but must arbitrate failure to sign (rev grant), 600
– Reauthorization, rewrite should address infrastructure sustainability, Portland cement official says, 408; investment funds watching carefully to find out whether policies may benefit or hinder private investment, conference, 409; draft bill creates national infrastructure bank to fund highway, transit, rail, and intermodal freight projects, Oberstar (D-Minn) to push for 6 year extension, 555; House panel calls best job-creating bill that could come before Congress, criticize administration call for delay, 661; small businesses urge Congress to pass reauthorization, say jobs for construction would be created, 663; bill, see LEGISLATION, FEDERAL, HR 3617
– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.
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