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Vol. 56, No. 2759 - 2807, pp. 1-1592 March 4, 2010 - Feb. 24, 2011 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
ACCIDENTS
– Fatalities
See FATALITIES
See specific states
– IRS worker classification audit initiative
– – Enforcement, stem misclassification to avoid Social Security and Medicare taxes, TIGTA audit report, 399
– – Small firms, AICPA refusal to acknowledge issue that affects, 30
– Disaffiliation
– DBEs
– San Francisco, business preference law, state bar on awarding contracts (Cal., oral arg), 319; voter-initiated law banning hiring preferences permitted but not required by equal protection (dec), 685; supervisors adopt mandate to hire city workers on city-funded projects, 1242 – VEVRAA, OFCCP likely to propose rules, semiannual regulatory agenda, 263
– Annual winter meeting, 42
– BCTD – Political climate, Trumka decries, urges increased spending on infrastructure projects, create jobs, boost U.S. competitiveness, 1439
– Ed. Note: This heading includes federal law and combined state and federal claims. For state law claims, see AGE DISCRIMINATION.
See specific agencies
– OSHA FY2010 inspection plan, resources directed to high hazard workplaces with highest injury and illness rates, 1056
– ARRA implementation, green energy job creation, budget hearing, 646
– Davis-Bacon Act, comments on data collection procedures sought, 44 – Rural Dev. Cmty. Facilities Program, rural communities funding to build and upgrade water infrastructure, 240
– Total disability, participant has burden of proving HIV status qualified (9th Cir.), 1094
– Detroit Edison, safety agreement on emissions control, Mich. OSHA and contractors, 676
– Diesel, Cal. Bd. to ease rules curbing emissions, 288; implementation of emission standards postponed, 1308 – Greenhouse gas emissions, permits for new and modified sources, construction bans on states that have not facilitated, 983
– California
– – Long Beach, city manager directed to develop PLA for airport expansion, 629
– – Los Angeles Intl. Airport, PLA with Los Angeles/Orange County Building Trades Council extension, 1270 – – Oakland airport, Bay Area Rapid Transit Dist. (BART), financial package for airport light-rail with PLA reapproved, 707 – N.J., Atlantic City Intl. Airport, expansion bid properly awarded to lowest bidder, defects immaterial (N.J. Super. Ct. App. Div.), 1124 – Privatization, economic impact, inaccurate pricing biggest obstacle to efficiency, economist, 498 – U.S. Airways, breach of nondelegable duty, contractor's worker injured by conveyor belt (Cal., rev grant), 512
– Sewer and wastewater treatment project, mandate closes bribery case (11th Cir.), 825
– Construction jobs, forecast, state labor department, 2011, 1495
– Keystone Gulf Coast Expansion Pipeline Project
See OIL AND GAS
– North Slope, open season to solicit bids from potential shippers before pipeline built, 411 – Prevailing wages, rule change would apply to truck drivers delivering to public works sites, 1496 – Renewable energy, bills encouraging conservation and development of sources signed, 553 – Vocational training, bill expanding tax credits for donations to educational institutions signed, more job training provided, 588
– Discrimination
See IMMIGRATION
See VISAS
– Collective bargaining agreements, plumbing and construction contractor covered, liable to UA multiemployer plans (2d Cir.), 499
– Common ownership, management, operations, and labor relations, nonunion flooring firm to avoid bargaining duties (9th Cir., rev and rem), 1299 – Familial relationship, identity of management, liability of fire protection firm for unpaid pension and welfare benefit contributions (S.D. Ohio), 343 – Fringe benefits, subcontractor and general contractor responsible for making contributions to union benefit funds (U.S., rev den), 395 – Marital dispute, successor liability for IBEW pension fund contributions (E.D.Mich.), 962 – Multiemployer benefit plans, unpaid contributions, garnishment from contractor's alter ego (D. Md.), 895 – Plumbing contractor, same workers, customers, address, and tools, liability for delinquent benefit contributions (C.D. Ill.), 651 – Prevailing wages, N.Y.S. Thruway Auth. bridge cleaning and painting, intentional default, affiliated entity, appeal right (N.Y. App. Div.), 1447 – Single employer, trucking firms owned by brother, friend, and employee, IBT benefit fund contributions (E.D.N.Y.), 997 – Transfer of work, IUEC arbitration right, work by nonunion residential firm, same owners as unionized residential elevator firm (W.D. Pa.), 1486 – UBC Kansas City Council Pension Fund, commingling funds to avoid contribution duties (8th Cir.), 23 – ULPs, N.Y. firms' noncompliance with Ironworkers pact (NLRB), 910 – Unpaid fringe benefit contributions, unionized painting contractor and nonunion general contractor liability (6th Cir.), 278; IUPAT attorneys' fees (E.D. Mich.), 1485 – Withdrawal liability, signatory to SMWIA pact filed for bankruptcy, ERISA suit, common ownership (E.D. Va.), 1265
– Arbitration
– Hearing conservation, researcher urges OSHA standard, 77; OSHA just reinterpreting noise protection standard, 1088; OSHA comment period extended as requested, 1168; OSHA proposal withdrawn, other avenues to address, Michaels, 1437; proposal withdrawal not regulatory issue, 1472
– Block grant program behind on spending and hiring goals, DOE audit, 753
– Bonds
– – Build America Bonds
See INFRASTRUCTURE
– – Tax credit, updated CRS report, IRS proposed rules, 277 – – WHD All-Agency Memo on guidance to contracting officials on Davis-Bacon Act provisions, 329; further guidance, 788
– – Assistance, Quality, and Affordability Act provisions
– – Corporate supply chains, ARRA provisions not burden, waivers for products not made in U.S., industrial policy and strategy needed, AFL-CIO official, 338 – – Final rule, clarifications for construction, 810 – – Mass transit, coalition of labor, environment, and business groups urge tripling spending, strengthening standards, 1059 – – Tex., Harris County, light rail expansion halted, FTA to withhold grant for violations, 1069 – Green and health care job training grants, ETA properly granted but inability to monitor will weaken, 1025 – Green jobs
See GREEN JOBS
– HIRE Act – Job creation
See JOB CREATION
– OFCCP, increasing compliance staff, more outreach to industry, more reviews, 721 – Prevailing wages, programs funded by act subjected to requirements, GAO report, 137 – Progress report, funds put to work on schedule, projects often under budget, less fraud and abuse, job creation and GDP growth, Biden, 956 – Renewable energy and energy efficiency, states on track to meet deadline after initial delays, briefing, 623 – Road and bridge construction, exhaustion of stimulus funding and lack of replacement dictate decline, estimate, 1232 – TAA – Water infrastructure, rural communities funding to build and upgrade, 240 – Weatherization
See WEATHERIZATION
– Limitations period, injured iron worker's Calif. agency claim, work-sharing pact with EEOC (9th Cir.), 1119
– Pregnancy discrimination, claims revived for involuntary transfer, not for discharge (6th Cir.), 793 – Serious health conditions, fired worker regarded as disabled gets damage, EEOC accord (E.D. Mo.), 84
– Conspiracy, contractors employing IBEW Local 3 members excluded CWA contractors from N.Y. area telecommunications installation (U.S., rev den), 1149
– Market monopoly through false claims and anticompetitive behavior, N.Y. building systems designer suit, U.S. Green Buildings Council, LEED system (S.D.N.Y.), 1028 – Yearly price increases for ready-mix concrete, collusive and noncompetitive prices, contractor pleads guilty (N.D. Iowa), 1261
– Party to claims, insurance firm not a contractor so no right to intervene in claims (ASBCA), 735
– California
– – Program overhaul advances in legislature, 770; Apprentice Council to hold hearings on proposed amendments, 1270
– – State denies bid by electrical worker unions to block program, 740 – Del., apprentice to journeyman ratio, structural metal workers, rule change, 771 – DOL Advisory Committee on Apprenticeship, membership list, 900; expansion, support as part of higher education initiative urged, meeting, 1089 – IBEW, locals recovery program, creation of new job classifications with lesser skills and training, 981 – N.C., final rules conforming to federal regulations issued, 1272 – Veterans Employment Act – Women in Apprenticeship and Nontraditional Occupations (WANTO), DOL grant program, 142
– Compelled, IBEW request for reconsideration of refusal rejected (D. Neb.), 823
– Enforcement, appointment of craft foremen at Exxon refinery project without union input, challenges untimely, joint grievance panel authority (N.D. Ill.), 960 – Evergreen clause, contractor payroll audit, rights not asserted for 15 years (N.D. Ind.), 1151 – Mandatory – NLRA, deferral to arbitration decisions, Acting NLRB General Counsel to urge new approach, 1434 – Vendetta, UBC most favored nation violations, damages after pact end (7th Cir.), 465 – Waiver, withdrawal liability, employer request, MPPAA (E.D. Va.), 440
– Sovereign acts defense, recovery of added costs of work restrictions on Sup. Ct. (GAO CAB), 583
– Kairos Design Grp., principals indicted for mail fraud and embezzlement for using employee benefit contributions for personal interests (M.D. Pa.), 375
– Central Ariz. Water Conservation Dist., water diversion system raised water levels of sand and gravel firm, government taking (U.S., rev den), 151
– Day laborers, bill making failure to carry immigration papers state offense ready for signature, 252; signed, 286; language bars solely considering race, color, or national origin in implementing signed, 321; employment provisions likely to be struck down, state argues parallels federal law (9th Cir., oral arg), 1090 – Electrical contractors, wage freeze imposed on IBEW CBA (Arb), 738 – Identity theft, raid of immigrant workers at clean-up firm, 728 – Legal Arizona Workers Act, law revoking licenses of businesses hiring undocumented workers, preemption, Solicitor Gen. (U.S, brief filed), 460; Solicitor Gen. argues Ariz. law preempted (rev grant), 579; implementation of key provisions blocked, DOL likely to succeed on merits (D. Ariz.), 701; business groups argue law is employer sanction, IRCA savings clause prevents preemption (oral arg), 1265 – Secret ballots, ballot initiative passed, effort to preclude EFCA, 1127; NLRB says NLRA preempts, 1128; Secret Ballot Protection Act, see LEGISLATION, FEDERAL, S 217; state lawyers inform NLRB of intent to defend state laws, 1475
– Army, Fort Sill, joint venture failure to qualify under SBA eligibility rules, award of maintenance contract to competing bidder (Fed. Cl.), 152
– DOD – USACE
– AmeriscoSolutions, Elmendorf Air Force Base, remediation completion date waiver (ASBCA), 1239
– Hurricanes Katrina and Rita, DOD and USACE failed to monitor subcontracting of rebuilding contracts, small business involvement, 786 – Martin Army Comty. Hosp., bid protester gets renovation project, poorly supported GAO recommendations (Fed. Cl.), 672
– Bid-rigging, defendants indicted. for inducing advertising for abatement services before work done (S.D.N.Y.), 212
– Choice of law, Okla. law governs Cal. resident's claims for mesothelioma installing boiler in Okla. refinery 50 years ago (Cal.), 54 – Clean Air Act, men sentenced for illegal disposal and mail fraud (N.D.N.Y.), 496 – Condominium conversion, contractors found guilty, work done without survey, bid for removal rejected (M.D. Fla.), 1473 – Defective product, sophisticated purchaser defense, failure to warn of health risks, joint compound caused mesothelioma (Cal. Ct. App.), 1241 – False training certificates, woman wanted by EPA arrested in Dominican Republic, faces extradition (D. Mass.), 1088 – Hospital demolition, Clean Air Act violation, protective equipment, improper waste disposal, contractor conviction (W.D.N.Y.), 1146 – Illegal disposal of contaminated construction debris, owners of Buffalo, N.Y. asbestos abatement and demolition firms charged, 340 – J&C Environmental Servs., fictitious inspection reports, inspector sentenced (E.D. Mo.), 79 – Non-asbestiform elongated mineral particles, industry alliance urges NIOSH to remove from definition, response to request for comment, 307 – Parkland Environmental Grp., dispute with LIUNA over pact validity subject to arbitration (7th Cir.), 793 – Respiratory protection and safeguards to minimize exposure, contractor fined for violations at Boston hospital laboratory, 50 – Training, owner of company that charged contractors for training workers to remove sentenced (N.D. Cal.), 1234
– Local 24 Pension Fund, withdrawal liability, insulation firms under common control jointly and severally liable (D. Md.), 1337
– Central Ohio, Franklin County. Bd. of Commrs., baseball stadium, nonunion contractor disqualification (Ohio), 148; county ordered to reconsider bid, rejection for prevailing wage violations abused discretion, 315
– Empire State Chapter, standing to challenge Wicks law amendment, constitutionality of changing threshold amount, exempting PLAs (N.Y. Sup. Ct.), 1239 – High road contracting, job creation proposals and oversight of road contracting, 334; chance to contribute, impediments to firms having trouble finding work, 379 – Income tax mandates hindering job growth and reinvestment, House panel urged to repeal, 1439 – Ind. Chapter, Common Construction Wage Act, ABC has no standing to challenge established wage scale (Ind. Ct. App.), 149; may not get declaratory judgment, acts as unpromulgated rule, 699 – Lead, EPA authority to regulate renovation, repair, and painting of renovation, repair, and painting in commercial and public buildings questioned, coalition, 612 – Legislative conference, GOP leaders to put forward governing agenda after recess, 532 – Metro Wash. Chapter, open shop contractors release study challenging proposed PLAs for city-funded projects over $200K, 157; City Council working group will explore more stringent first source hiring requirements on city project, 655 – Negative impact on construction industry, eliminating mandates restricting competition, set wages, job creation, Bellaman, BNA Interview, 1584 – N.M., prevailing wages
– – Requiring establishment and fringe benefit rates for public works, panel tables, 1558
– – Standing to bring suit for calculation change without voluntarily submitted wage data (D.N.M.), 116
– Building a Green Future, plan to stimulate demand, boost infrastructure capacity, improve efficiency, and promote green practices, would create jobs, 269
– Building and Constr. Trades Council of Greater N.Y., Wal-Mart PLA, union domination criticized, 1526 – Building Contractors Ass'n of N.J., statewide Ass'ns of BAC, UBC, LIUNA wage freezes, IW Locals 68, 350, 399 and Dockbuilders Local 1456 accept wage deferrals, 348 – High road contracting, no input, proposed oversight impedes firms struggling for work, 334 – IUOE/AGC contract dispute, effect on Cal. highway and bridge projects, 827 – IUOE Local 701 Pension Fund, joint and survivor annuity, abuse of discretion, denying beneficiary change request after retirement (D. Or.), 214 – Lead, EPA authority to regulate renovation, repair, and painting of renovation, repair, and painting in commercial and public buildings questioned, coalition, 612 – Minnesota Chapter
– – BAC Local 1, OP&CMIA Local 633, UBC N. Central States Reg'l Council, IUOE Local 49 pacts attained, 546
– – Job creation, contractors frustrated with lack of work, to lobby for legislation, annual survey, 1208 – – LIUNA Locals 132 and 563, 3-year pact ratified, 881 – Or.-Columbia Chapter, UBC, LIUNA, pacts attained, 475; Pacific NW Reg'l Council of UBC pact ratified, 609 – Pa., Cheyney Univ., state used RFPs and not sealed bids, Pa. procurement code, standard for lesser practice (Pa. Commmw. Ct.), 438 – Quad Cities Chapter, pacts talks with UBC Local 4, strike ends, 674 – SE Pa. chapter, open shop contractors challenge to Pa. PLA requirement rejected (Pa., per curium), 1484 – Wash. chapter, UBC Pacific Council, IUOE Locals 302 and 612 pacts attained, IBT and LIUNA talks continue, 506; UBC pact ratified, 653; LIUNA agrees to wage and benefits freeze, 1110 – Wis., prevailing wages, bill reinstating threshold submitted, suit continues, contractor groups support state (Wis. Cir. Ct.), 57; hearing on injunction postponed to reply to amicus briefs, 91
– 9/11 Health and Compensation Act
See NEW YORK, subheading: World Trade Center
– Attorney-client privilege, joint venture may not disqualify engineering firm counsel that previously represented member (N.J. Super. Ct.), 1554
– H-1B visas, law firm disqualified for willfully violating program (DOL ALJ), 1294
– Mortgages, union pension funds allegation of deceptive practices, $31.25M settlement including fees (N.D. Cal.), 879
– Union jurisdiction, award to LIUNA in suit against Brand Energy over scaffolding work awarded to other union (D.D.C.), 824; LIUNA ordered to reduce attorney's hourly rate, 1121
– Credit card irregularities, Financial Secretary, Treasurer, and Trustees not fulfilling duties, UBC takes over Or. Local 247, 234
– FASB
– Volvo, health benefits end for retirees when going out of business violated pact (U.S., rev den), 21
– Chrysler, SMWIA pension fund participant application for early retirement denial, work for noncontributing employer (E.D. Mich.), 1301
– GM, administration investment to speed environmental cleanup and redevelopment of former facilities, 402 – Motor fuel tax, measures to replace, fund backlogged infrastructure projects, report, 954; Voinovich and Carper urge deficit-reduction panel to increase gas taxes to fund transportation projects, 1108; Natl. Comm'n on Fiscal Responsibility and Reform urges gas tax hike to fund transportation infrastructure projects, 1141; 15 cent increase recommended, Natl. Comm'n on fiscal Responsibility and Reform report, 1227 – North Point Chrysler Jeep, dealership liability for construction worker injury, painter fall in new building (N.C. Ct. App.), 1304 – Vehicle backing operations, road construction group supports regulating, flexible performance-based standard, 1397 – Vehicle safety on construction sites, OSHA semiannual regulatory agenda, 1291 – Volvo, retiree health benefits end when going out of business violated UAW pact (U.S., rev den), 21 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |