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INDEX
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

    E-MAIL
      – Remedial notices, electronic posting, amicus briefs by interested parties filed with NLRB support, U.S. Chamber of Commerce opposes, 613
      – ULPs, employers and unions must distribute electronically where technology customarily used (NLRB), 1051; text, 1072
    E-VERIFY
    EARLY RETIREMENT
      – Anti-cutback rule, pension plan amendment removing monthly supplement for early retirement in lieu of retiree health benefits not accrued (D.S.C.), 220
      – Benefits, no abuse of discretion, early retirement benefits denial to participant who did disqualifying jobs (E.D. Ky.), 53
      – Pensions, disqualifying employment, suspension of participant's benefits while working as renovation site representative (W.D.N.Y.), 1301
    EBSA
    ECONOMIC ACTIVITY
      – ARRA progress report, funds put to work on schedule, projects often under budget, less fraud and abuse, job creation and GDP growth, Biden, 956
      – CPI
      – Democratic policies, jobs created, private sector spurred, 669
      – FRB Beige Book Surveys
      – Funding private sector investment, increase in gas tax and stimulus needed, construction in depression, AGC's Sandherr interview, 379
      – Green jobs
      – Mich., letting municipalities bypass state prevailing wage and labor laws would help determine if they impede job growth, report, 27
      – Skilled labor, fewer firms report shortages, joblessness due to demand shortage, optimism for future, conference, 927
      – Tax rates, small firms need stability to plan and recover, House hearing, 339
    ECONOMIC INDICATORS
    ECONOMIC OUTLOOK
      – Annual Economic Outlook 2011, Wells Fargo Economics Group, 1261
      – Budget shortfalls, and joblessness due to recession, creativity to meet infrastructure needs, 1346; addressing shortfalls despite spending cuts, BNA Insights, 1352
      – Cal., UCLA Anderson Forecast report, 509; 903; 1235
      – Canada
        – – British Columbia, Construction Sector Council, 2011-2019, 1590
        – – Ontario, Construction Secretariat survey, 2011, 1589
      – Capital gains tax, failure to extend rate could disrupt economic recovery, companies and trade groups, 666
      – Construction employment rates, stimulus funding for infrastructure boosted, long-term investment plan needed, AGC, 332
      – Construction hiring, AGC survey, 2011, 1434
      – Construction spending
        – – AGC outlook, annual economic update, 2011, 1194
        – – Commerce Dept. report, May, 624; Aug., 958; Sept., 1091; Oct., 1199; Nov., 1336; Dec., 1478
        – – IHS Global Construction Outlook, first quarter, 2010, 405; 2011, 1261
      – FRB Beige Book Surveys
      – Highway trust fund, stakeholders, lawmakers hope for multiyear rewrite, more optimism of surface transportation reauthorization, 1348; long term-solvency issues, lawmakers reluctant to address core problems, panel, 1441; programs and policies to encourage public-private partnerships should be included in reauthorization, 1442
      – Infrastructure reforms necessary for long-term economic growth, potential, 906
      – Labor costs, nonfarm payroll, first half 2011, 1325
      – Major industries, BEA preliminary estimates, 2009, 436
      – Multiemployer plans, fund assets declined since 2009, congressional relief needed quickly, report, 334
      – Nonresidential construction, ABC economic forecast, 2011, 1110
      – Recovery
        – – BNA survey, 2011, 1328
        – – Job markets inconsistent, progress best in Northeast, market weak until business confidence shifts strongly, report, 955
      – Road and bridge construction, exhaustion of stimulus funding and lack of replacement dictate decline, estimate, 1232
      – 2011, many contractors could go out of business, slow growth, increased costs, decreased profits, GAO economist, 570
      – U.S. Economic, Capital Markets, and Apartment Market Overview and Outlook, Marcus & Millichap analysis, third quarter, 2010, 930
      – Visas, policies should make entering and remaining in U.S. legally for highly skilled immigrants, key to growth, 1171
    EDUCATIONAL INSTITUTIONS
      – Alaska, bill expanding tax credits for donations to educational institutions signed, more vocational training expected, 588
      – California
        – – Rancho Santiago Comty. College, NLRA and ERISA preemption of PLA, market participation standard (9th Cir.), 995
        – – Riverside Community College, trustees approve PLA, 121
      – School construction
      – University of Ill., Presbyterian foundation duty to pay prevailing wages on student housing project partially financed with tax-exempt bonds (Ill. Ct. App.), 996
    ELECTIONS
    ELECTRICAL CONTRACTORS
      – Allied Elec. Contractors, duty of nonsignatory to CBA to make pension contributions (U.S., rev den), 421
      – ANR Elec. Contracting and Grand Elec., posing as licensed electrician to get N.Y.C. schools contract and failing to pay prevailing wages, criminal charges, 1000
      – Brennan Elec. Contractors, liable for failure to make employee benefit fund contributions to IBEW Local 58 (E.D. Mich.), 281
      – Gaylord, claim against Franklin Cty. Bd. of Commrs. over bidding dispute (S.D. Ohio), 186
      – High Light, traffic control devices, LIUNA Local 1184 gets Cal. county work, preferences, current assignment and past practice (NLRB), 377
      – Independent Electrical Contractors of Houston, referral system unlawfully interfered with IBEW salting campaign (NLRB), 867
      – Journey Elec. Techs., DOL suit against officials for failure to timely remit contributions and loan payments, 401(k) plans (C.D. Cal.), 951
      – Kiewit Power Constructors, break-in-place policy, discharge for objections unlawful (NLRB), 875
      – Matros Automated Elec. Constr., contractor's ULPs in taking actions against workers for UE ties (2d Cir.), 21
      – Paschall Elec., NLRA preempts contractor claim for secondary boycott but complete preemption converts state antitrust complaint into federal one (S.D. Ill.), 279
      – Pike Elec., willful behavior, trench cave-in, willful and serious violations (OSHRC, rev grant), 440; compliance officer's testimony not hearsay, supervisor deposition admissible, heightened awareness of excavation standard (dec), 700
      – Rapier Electric, ABC standing to bring prevailing wages suit for bidding on contracts not bid on by members (Ohio Ct. App.), 1552
      – Roadway Electrical Works, San Francisco-Oakland Bay Bridge, administrative hearing before litigating use of unauthorized electricians (Cal. Ct. App.), 626
      – Rosendin Elec., subcontractor must arbitrate performance bond claims against general contractor before DOE BCA (D.N.M.), 1304
      – Sant-Tec Elec., N.Y. subcontractor debarred from federally funded projects for violating prevailing wage laws (DOL ALJ), 1229
      – Scott Elec., NECA, and IBEW Local 595, San Francisco-Oakland Bay Bridge, administrative hearing before litigating use of unauthorized electricians (Cal. Ct. App.), 626
      – Sky Line Electric, marital dispute, alter ego bound to IBEW pact (E.D. Mich.), 962
      – Soo Kim Elec. and Lucid Elec., Cal. debars for failure to pay prevailing wages and overtime and keep hours records, 93
      – U.S. Info. Sys., antitrust, contractors employing IBEW Local 3 members excluded CWA contractors from N.Y. area telecommunications installation (U.S., rev den), 1149
      – Younger-Holmes Elec. Contractors, medical center, insufficient staffing caused delay, default notice reasonable, chargeback excessive (W.D. Okla.), 1372
    ELECTRICAL, RADIO, AND MACHINE WORKERS (UE)
      – Local 363, electrical contractor's ULPs in taking actions for union ties (2d Cir.), 21
    ELECTRICAL WORKERS (IBEW)
      – Ariz. electrical contractors, wage freeze imposed on CBA (Arb), 738
      – Compelled arbitration, IBEW request for reconsideration of refusal rejected (D. Neb.), 823
      – Local 1, NECA St. Louis Chapter, pact attained, 475
      – Local 3
        – – Conspiracy, contractors employing members excluded CWA contractors from N.Y. area telecommunications installation (U.S., rev den), 1149
        – – Unpaid contributions from fraudulent schemes, benefits administrator claims (E.D.N.Y.), 1119
      – Local 8, Detroit Edison, safety agreement on emissions control, 676
      – Local 11, L.A. schools alarm installation, IBEW-NECA Pension Plan, material fact of which pact applied (9th Cir.), 479
      – Local 58, Brennan Elec. Contractors liable for failure to make employee benefit fund contribution (E.D. Mich.), 281
      – Local 71, Ohio Contractors Assn. heavy highway pact pact, jurisdictional dispute with LIUNA, traffic control systems (NLRB), 242
      – Local 99, trustees of pension and welfare plans pay restitution, DOL accord (D.R.I.), 1090
      – Local 159, retaliation for assisting co-worker race bias claim (W.D. Wis.), 821
      – Local 176, salting, contractor referral system unlawfully interfered with campaign (NLRB), 867
      – Local 440, traffic control devices, LIUNA entitled to perform Cal. county work, preference, current assignment and past practice (NLRB), 377
      – Local 474, duty of electrical contractor nonsignatory to CBA clause to make pension contributions(U.S., rev den), 421
      – Local 477, San Bernardino County county rejects appeal of permit for Mojave Desert solar facility, 1559
      – Local 479, members file suits against Tex. school districts and contractors for failure to pay prevailing wages (Tex. Dist. Ct.), 30
      – Local 530, employer interference charges rejected (O.L.R.B.), 744
      – Local 595, NECA, and Scott Elec., San Francisco-Oakland Bay Bridge, administrative hearing suit for using unauthorized electricians (Cal. Ct. App.), 626
      – Local 702, NLRA covers secondary boycott claim by contractor (S.D. Ill.), 279
      – Local 727, convention authority recognizing more than one bargaining unit, governor's efforts to bar overridden, 445
      – Local 1919, financial secretary/treasurer sentenced for stealing union funds and falsifying records (W.D. Pa.), 986
      – Locals 303 and 503, Ontario, assigning highway electrical work to other unions, established practices (OLRB), 1273
      – Pension plan, L.A. Unified School Dist. ordered to provide personal information in third-party payroll records to IBEW pension plan (Cal. Ct. App.), 909
      – Puget Sound Health and Welfare Trust Fund, dollar bank credits, participation in special retiree plan, abuse of discretion (W.D. Wash.), 438
      – Recovery programs, locals must implement, creations of new job classifications with lesser skills and trainig, 981
      – St. Louis, national and local unions criticize UBC poaching work and members from other unions, rally, 527
      – So. Cal. NECA pension fund, fiduciary breach, trustees invested plan assets in floating-rate note (S.D.N.Y.), 245
    ELECTRICITY
      – Generators
      – Providers
      – Renewable Electricity Promotion Act
        See LEGISLATION, FEDERAL, S 3813
    ELECTRONIC
    ELEVATOR CONSTRUCTORS (IUEC)
      – Local 1, elevator maintenance and repair firm not successor, duty to arbitrate disputes (2d Cir.), 466
      – Pa., transfer of work, arbitration right, alter ego of unionized commercial elevator firm (W.D. Pa.), 1486
      – Rules negatively impacting construction, specialty trade contractors oppose prevailing wage laws repeal, tax and burdensome safety rules relief, 1541
    ELEVATOR INSTALLATION AND MAINTENANCE
      – Century Vertical Sys., elevator maintenance and repair firm not successor, no duty to arbitrate IUOE Local 1 dispute (2d Cir.), 466
      – IUEC
      – Marshall Elevator, IUEC arbitration right, work by nonunion residential firm, same owners as unionized commercial firm (W.D. Pa.), 1486
      – Nashville Mach. Elevator, race and national origin bias, hostile environment, supervisor called derogatory names, demotion and firing (M.D. Tenn.), 1450
      – Start Elevator, contractor arrested for underpaying prevailing wages (S.D.N.Y.), 1169
    EMBEZZLEMENT
    EMERGENCY MEDICAL TECHNICIANS (EMTs)
    EMERGENCY SERVICES
      – 9/11 Health and Compensation Act
        See LEGISLATION, FEDERAL, HR 847
      – World Trade Center, effects of disaster
        See generally NEW YORK, subheading: World Trade Center
    EMISSIONS
      – Diesel, Cal. Bd. to ease rules curbing, 288; implementation of emission standards delayed, 1308
    EMPLOYEE BENEFITS
    EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)
      – Endangered or critical funding status, penalties for multiemployer plans that fail to establish funding improvement and rehabilitation, final rule, 10
      – Enforcement, failure to cooperate with investigations could lead to jail time, conference told, 901
      – Forms 5500 and 5500-SF, annual reports, electronic signatures accepted, 366; EBSA seeking comments on continued use, 578; DOL regarding 2011 as transition year, plans required to file electronically, EFAST2, 1024
      – Improper investment of PPF pension funds in risky real estate bonds, DOL consent order requires restitution, suit filed against firm and owner (E.D. Va.), 1260
      – Multiemployer plans, viability, eliminating duplicative reporting and establishing shared database, could improve, GAO report, 1167
      – Pension funding relief, administration letter endorsing, importance of temporary relief, Borzi, 234; employers criticize some conditions, 235
      – Schedule C, multiemployer plan expenses paid by contributing employer, reporting duty, DOL information letter, 642
    EMPLOYEE RETIREMENT INCOME SECURITY ACT
    EMPLOYEE STATUS
      – Employee Misclassification Prevention Act
        See LEGISLATION, FEDERAL, HR 5107, S 3254
      – Fair Playing Field Act
        See LEGISLATION, FEDERAL, HR 6128, S 3786
      – Independent contractors
      – Negligence, failure to provide safe workplace, claim by roofer injured in fall (8th Cir.), 962
      – Undocumented workers
    EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)
      – Flawed valuation reports, DOL charges trustee with ERISA violations, 43
    EMPLOYER STATUS
      – Alter egos
      – Joint employers
        – – Minimum wage, DOL suit against drywall contractor, kickback scheme with subcontractors (D. Or.), 406
        – – Racial harassment, machine operator subjected to racist incidents at lessee work site (4th Cir.), 699
      – Single enterprise, Title VII waterproofing firm pays damages, sexual abuse of teenage women telemarketers (W.D.N.Y.), 347
      – Sole owner and operator, owner of electrical contractor liable for failure to make benefit fund contributions to IBEW Local 58 (E.D. Mich.), 281
    EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)
      – ARRA, green and health care training grants, grants proper but inability to monitor weakens, DOL IG report, 1025
      – FY2012 budget, administration proposal, DOL funding cuts, Workforce Innovation fund awards grants for workforce system reforms, 1547
      – Job training, GOP caucus recommends spending cuts, BCTD says cuts will raise costs, cut jobs, 1474
      – Limited English Proficiency and Hispanic Workforce Initiative, challenges and successes, 180
      – Older Americans Act final rules, TAA proposed rule delayed by ARRA, YouthBuild transfer to HUD, H-2B guest worker visa, updated rules on EEO, semiannual regulatory agenda, 264; ETA issues proposed rule, 815
      – Work visas
      – YouthBuild program, grants to community groups, Solis announces, 621; $130M in grants for FY2010 and 2011 available, 951
    EMPLOYMENT ELIGIBILITY VERIFICATION
      – Comprehensive Immigration Reform Act
        See LEGISLATION, FEDERAL, S 3929
      – Comprehensive Immigration Reform for America's Security and Prosperity Act (CIR ASAP)
        See LEGISLATION, FEDERAL, HR 4321
      – Criminal Penalties for Unauthorized Employment Act
        See LEGISLATION, FEDERAL, HR 4627
      – E-Verify
        – – Colo., Denver requires use by city contractors, 798
        – – DHS, USCIS notice seeking comments on survey about programs extended, 144; redesigned web interface for participating employers, 496; improving system among priorities, Napolitano, 1477; importance as tool to combat illegal immigration, commitment to improvement, House hearing, 1543
        – – Electronic case management, Mayorkas defends transformation initiative, House hearing, 74
        – – Fla., attorney general wants state agencies to use, hiring state workers and contractors, 631
        – – Neb., Fremont, voter ordinance requiring city-licensed businesses to participate, guarantee no knowing hiring undocumented workers, 554; state court refused to address city authority under state law (Neb.), 1126
        – – Secure the Capitol Act
          See LEGISLATION, FEDERAL, HR 280
        – – Strengthening efficiency and accuracy of system and combating bias, new USCIS measures announced, 109
        – – Utah, liability protection for private firms, bill signed, 189
      – Encouraging foreign workers to enter U.S. illegally by offering jobs, Ohio developer sentenced, fined (S.D. Ohio), 235
      – HIRE Act, IRS form W-11 released, will help forms claim special payroll tax exemption for newly hired workers, no effect on Social Security tax contributions, 208
      – I-9, ICE enforcement increasing, employers warned of pitfalls of forms with missing data, 143; acceptable documents, proposed rulemaking, USCIS semiannual regulatory agenda, 266; rules letting employers to complete, sign, scan, and store electronically, final rule, 667; USCIS revised I-9 instruction manual, 1396
      – ICE enforcement
      – 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; business groups argue law is employer sanction, IRCA savings clause bars preemption (oral arg), 1265
      – Pa., bills targeting contractors hiring undocumented workers to gain competitive advantages ready for floor votes, 251; bills penalizing contractors passed by House, 508
      – Willful failure to verify work eligibility, Ill. contractors plead guilty for failure to register, DOJ accord (S.D. Ill.), 275
    ENERGY
      – Advanced Energy Tax Incentives Act
        See LEGISLATION, FEDERAL, S 3935
      – American Clean Energy and Security Act
        See LEGISLATION, FEDERAL, HR 2454
      – ARRA, USDA and DOE implementation, green energy job creation, budget hearing, 646
      – Better Building Initiative, President proposes campaign, more energy efficient commercial buildings, upgrades and tax credits, 1519; OSHA strategies to address unique situations, agency officials describe, 1542
      – Blue Ribbon Comm'n on America's Nuclear Future, subcommittees to hold public meetings, 577
      – Brand Energy Solutions, intentional tort, vicarious liability, evidence injuries from fall while disassembling scaffolding worsened by move (5th Cir.), 1554
      – Building Star Energy Efficiency Act
        See LEGISLATION, FEDERAL, HR 5476
      – Building Star Energy Efficiency Rebate Act
        See LEGISLATION, FEDERAL, S 3079
      – Caithness Energy, DOD withdraws objection to Or. wind farm, FAA notice, turbines may impact radar equipment, 311
      – California
        – – Clean energy jobs, website highlights state resources, 885
        – – Mojave Desert, BLM final approval for large scale solar thermal project, Invanpah Solar Elec., PLA requires skilled craft workers, mitigation measures, 992
      – Carbon capture and storage technology accelerated development leads to more power plants, construction job years, permanent jobs, study, 272
      – Clean energy investments, U.S. losses to China and other nations total $11B since failure of comprehensive clean energy bill, business group report, 871
      – Clean Energy Jobs and Clean Energy Jobs and American Power Act
        See LEGISLATION, FEDERAL, S 1733
      – Clean Energy Jobs and Oil Company Accountability Act
        See LEGISLATION, FEDERAL, S 3663
      – Clean energy products, coalition urges credits for equipment that reuses heat and waste energy to power industrial plants, 202
      – Climate change
      – Consolidated Appropriations Act of 2011, Senate panel release draft elements, more funding for fossil and nuclear than House version, 1262
      – Efficiency, Intl. Code Council model code, code officials, contractors, and engineers approve, more efficient lighting, windows, and insulation, 1114
      – Efficient HVAC systems, solar panels, and insulation, rebate program proposal, 15
      – Expanding Building Efficiency Incentives Act
        See LEGISLATION, FEDERAL, HR 4226
      – Fire Sprinkler Incentive Act
        See LEGISLATION, FEDERAL, HR 1194, S 2947
      – FY2010 Supplemental Appropriations Bill, administration loan guarantees support renewable energy and nuclear power development, 428; bills, see LEGISLATION, FEDERAL, HR 4899, S 4253
      – Green construction
      – Green jobs
      – High-voltage electric transmission lines, rule proposed, renewable energy developers want, states and large utilities want to retain local control, 1030
      – Home Star Energy Retrofit Act
        See LEGISLATION, FEDERAL, HR 5019, S 3177
        – – Clean Energy Jobs and Oil Company Accountability Act provisions
          See LEGISLATION, FEDERAL, S 3663
      – Insulation, personal income tax deduction for material and labor used to install, guidance, 290
      – Kleen Energy System OSHA fines for power plant explosion, 730
      – Lawrence Livermore Natl. Laboratory, workers, contractors, and subcontractors instructed on compensation and medical benefits for nuclear exposure, 621
      – Leadership in Energy & Environmental Design (LEED) system, N.Y. energy-efficient building systems designer charges market monopoly through false claims, anticompetitive behavior (S.D.N.Y.), 1028
      – LightSource Renewable, San Bernardino County rejects IBEW appeal of permit for Mojave Desert solar facility, 1559
      – Millstone Nuclear Power Plan, improperly allowing pension credits, IBEW trustees to make restitution, DOL accord (D.R.I.), 1090
      – Nev., electricity transmission line carrying power from renewable resources to SW U.S., DOE conditional loan guarantee, 1033
      – Oil and gas
      – Oil Spill Response Improvement Act
        See LEGISLATION, FEDERAL, S 3643
      – Renewable
        – – Colo. bill expanding training for jobs, public-private partnerships, considering improvement program for home energy, 122; signed, 585
        – – Electricity and other proposals, proposals unlikely to be brought to Senate floor before midterm elections, 929
        – – Renewable Electricity Promotion Act
          See LEGISLATION, FEDERAL, S 3813
      – Renewable energy projects, ARRA grants in lieu of tax credits, Treasury Dept. guidance revised, 146
      – Solar, DOE awards conditional funding for Ariz., Colo., and Ind. programs, President announces, 625
      – State Energy Project, ARRA deadline for renewable energy and energy efficient projects, progress after initial delays, briefing, 623
      – Stirling Energy Sys., solar power project foundation design and implementation, misappropriation, trade secrets preempted (W.D. Pa.), 1240
      – Streamlining Energy Efficiency for Schools Act
        See LEGISLATION, FEDERAL, S 3374
      – Utilities
      – Water Protection and Reinvestment Act
        See LEGISLATION, FEDERAL, HR 3202
      – W. Va., Mingo County, TransGas Development Sys. chosen for coal to liquid fuel plant, letter of intent with BCTD, 1098
    ENERGY DEPARTMENT (DOE)
      – ARRA implementation, green energy job creation, budget hearing, 646
      – Bd. of Contract Appeals, electrical contractor must arbitrate performance bond claims against general contractor (D.N.M.), 1304
      – Clean energy, needed to grow economies, requires new retrofitting agency, create jobs, Chu, 232; BCTD trying to ensure prevailing wage standards included in final bill, 233
      – Energy Star, voluntary energy efficiency labeling and weatherization aid should be cut, Mich. congressman editorial, 1147
      – Green jobs, labor and environmental activists should focus on local change, Congressional failure to pass legislation, 1518
      – Loan Guarantee Program, failure to articulate policy goals, develop consistent fair application process, GAO report, 625
      – Nev., electricity transmission line carrying power from renewable resources to SW U.S., conditional loan guarantee, 1033
      – Solar energy, conditional funding for Ariz., Colo., and Ind. programs awarded, President announces, 625
      – State Energy Project, ARRA deadline for renewable energy and energy efficient projects, progress after initial delays, briefing, 623
      – Streamlining Energy Efficiency for Schools Act
        See LEGISLATION, FEDERAL, S 3374
      – Sustainable construction, U.S. to incorporate principles, new and renovated federal buildings, proposed rules, 434
      – Weatherization Assistance Program
        – – Funding, less than 8% of appropriated funds spent on projects, report, 12
        – – Goal, on track to meet, ARRA funding, 816; aid should be cut, example of out-of-control spending, Mich. congressman editorial, 1147
        – – Reporting requirements, final rules for grant recipients sent, 12
    ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT (EEOICPA)
      – Lawrence Livermore Natl. Laboratory, workers, contractors, and subcontractors instructed on compensation and medical benefits for nuclear exposure, 621
    ENERGY POLICY AND CONSERVATION ACT
      – Streamlining Energy Efficiency for Schools Act amendment
        See LEGISLATION, FEDERAL, S 3374
    ENGINEERS
      – Army Corps of Engineers
      – IUOE
      – Kairos Design Grp., principals indicted for mail fraud and embezzlement for using employee benefit contributions for personal interests (M.D. Pa.), 375
      – Kal-Tech Engineering, arbitration panel authority, mandatory arbitration with related firm, BAC benefit fund contributions (D.N.J.), 1447
      – Shaw Evntl., manager RIF, Foreign Corrupt Practices Act, restructuring, pretext (N.D. Ohio), 474
    ENGLISH PROFICIENCY REQUIREMENTS
    ENTERTAINMENT INDUSTRY
      – Mosser Constr., characterization of cave-in risk in preparation for Ohio sports arena serious, fine increased (OHSRC), 56
    ENVIRONMENT
      – Advanced Energy Tax Incentives Act
        See LEGISLATION, FEDERAL, S 3935
      – American Clean Energy and Security Act
        See LEGISLATION, FEDERAL, HR 2454
      – Asbestos removal, owner of company that charged contractors for training workers on safe removal sentenced (N.D. Cal.), 1234
      – Assistance, Quality, and Affordability Act
        See LEGISLATION, FEDERAL, HR 5320
      – Cal., construction industry and heavy-equipment operators seek delay of emissions standards for off-road diesel engines, 90; new emissions data released, 832; proposal relaxes standards, 967; air quality officials and AGC agree to delay startup date to 2014, 1003; implementation of emission standards delayed, 1308
      – Carbon capture and storage technology accelerated development leads to more power plants, construction job years, permanent jobs, study, 272
      – Clean Water Act
      – Climate change
        – – Commercial buildings, energy efficiency priority, construction and retrofit projects, survey, 463
        – – EPA, provisions to deny funding for greenhouse gas emissions controls could halt construction, House hearing, 1575
        – – Senate proposal unveiled, force oil firms to buy carbon allowances, use to fund transit projects, 367; bills introduced, industry groups oppose, siphons revenue away, may kill SAFETEA-LU reauthorization, 399
      – Community Engagement Initiative, local participation in decisionmaking, emergency response, hazardous waste cleanups, 405
      – Energy
      – Expanding Building Efficiency Incentives Act
        See LEGISLATION, FEDERAL, HR 4226
      – Green and sustainable environmental remediation, voluntary industry standard by 2011, webinar, 48
      – Green jobs
      – Greenhouse gases
        – – Emissions, Senate bill addressing not enough, interference with multi-year highway transportation, Democrats write, 211
        – – EPA, industry concerns about delay in releasing draft guidance, 1032
        – – New and modified stationary sources, Am. Iron and Steel Inst. suit, strategy opposes EPA rule (D.C. Cir.), 434
        – – N.Y., climate action plan to cut emissions by 80 percent released, 1157
      – Home Star Energy Retrofit Act
        See LEGISLATION, FEDERAL, HR 5019, S 3177
        – – Clean Energy Jobs and Oil Company Accountability Act provisions
          See LEGISLATION, FEDERAL, S 3663
      – International Green Construction Code, coalition of building standards groups, draft released, integration with and complements local codes, 79
      – Livable Communities Act
        See LEGISLATION, FEDERAL, S 1619
      – New York City, bills implementing energy and environmental considerations for city codes signed, 1003
      – Rules hindering job growth, Issa releases comments, 1509
      – Solar energy systems on public buildings, bill extending Or. prevailing wage law signed, 90; amended rule governs new solar projects on public buildings, 1343
      – Stormwater
        – – EPA seeks reconsideration of rule on construction runoff (7th Cir.), 760; remand granted, 812; stormwater runoff from construction and development, proposed correction rule, 1093; contractor associations raise concerns about proposed revisions, 1509
        – – Safe Treatment of Polluted Stormwater Runoff Act
          See LEGISLATION, FEDERAL, S 3206
      – Water, comments seek clarity on cost-benefit analyses, non-monetary factors, proposed CEQ guidelines, 210
      – Water Resources Development Act
        See LEGISLATION, FEDERAL, HR 5892
    ENVIRONMENTAL CONTRACTORS
      – Compass Envt'l, reasonably prudent employer would anticipate exposure to overhead power lines, provide training on electrocution hazard (rev), 544
      – Shaw Evntl., manager RIF, Foreign Corrupt Practices Act, restructuring, pretext (N.D. Ohio), 474
    ENVIRONMENTAL PROTECTION AGENCY (EPA)
      – Brownfields, job training grants for assessing, cleaning up, and redevelopment announced, 211
      – Canada, Tar Sands Oil Pipeline, little environmental impact expected from community, State Dept., EPA to announce, 212
      – Clean Air Act
      – Clean Water Act
      – Clean water infrastructure, funding shortfall, report, 464
      – FY2011 Envt'l Workforce Dev. and Job Training Grants, proposals accepted, 1295
      – Greenhouse gas emissions
        – – Am. Iron and Steel Inst. suit, strategy opposes rule, new and modified stationary sources (D.C. Cir.), 434
        – – Permits for new and modified sources, states that have not facilitated may face construction bans, 983; industry concerns about delay in releasing draft guidance, 1032
      – Lead, renovations of pre-1978 housing, certified contractors required, protects women and children, 269; EPA extending compliance deadline, 531; builders suit against EPA for removal of opt-out provision (D.C. Cir.), 609; coalition questions EPA authority to regulate renovation, repair, and painting of renovation, repair, and painting in commercial and public buildings, 612
      – Most Wanted List, woman charged with providing false asbestos training certificates arrested (D. Mass.), 1088
      – NAAQS, proposal to reduce changes to transportation conformity rules upon revisions to national ambient air quality standards, 763
      – Nonroad engine emissions, road builders' group standing. EPA rules let states regulate use and operation, appeal untimely (U.S., rev sought), 505; (rev den), 963
      – Particulate matter, draft guidance, data for analyzing hot spots in conforming to CAA, 432
      – Residential lead dust, EPA determining if lower limits needed, 983
      – Stormwater runoff rule, reconsideration due to misconstrued data sought (7th Cir.), 760; (rem), 812; runoff from construction and development, proposed correction rule, 1093; contractor associations raise concerns about proposed revisions, 1509
      – Water Infrastructure Financing Act
        See LEGISLATION, FEDERAL, S 1005
      – Water, state revolving funds should be targeted, existing infrastructure has priority over new, EPA memo, 330
    E.O.s
    EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
      Ed. Note: For enforcement actions other than general stories, see relevant subject headings.
      – Appointments and personnel changes, Obama makes recess appointments of Berrien as chair, Lipnic and Feldblum as commissioners, and Lopez as general counsel, GOP objects, 135
    EQUAL PAY ACT (EPA)
      – Community Engagement Initiative, local participation in decisionmaking, emergency response, hazardous waste cleanups, 405
      – Residential leases, rules requiring lessors to disclose presence of lead paint reasonable, within Lead Hazard Act scope (11th Cir.), 703
    EQUAL PROTECTION
      – DBE and local business preferences, San Francisco public works, Cal. bar on use in contracting (Cal., oral arg), 319; voter-initiated law banning hiring preferences permitted but not required by constitution (dec), 685; supervisors adopt mandate to hire city workers on city-funded projects, 1242
    EQUIPMENT AND TOOLS
      – Lash Work Environments, withdrawal liability, UBC claim to enforce arbitration accord (W.D.N.Y.), 150; pension fund may pursue claim to collect (2d Cir.), 1485
      – PPEs
      – S-M Enters., millwright misclassified as laborer and foreman cashed expense checks without permission, left with good cause, jobless benefits (Minn. Ct. App.), 149
    ERGONOMICS
      – MSDs
      – OSHA, no rule planned, general duty clause used to authorize, 986; final rule requiring reporting of MSDs due in Feb., regulatory agenda, 1289
    ERISA
      – Alter egos, common ownership, management, operations, and labor relations, nonunion flooring firm to avoid pact duties (9th Cir., rev and rem), 1299
      – Anti-cutback rule, pension plan amendment removing monthly supplement for early retirement (D.S.C.), 220
      – Case summaries, 1374
      – Delinquent contributions
        – – Claims against LIUNA trustees and locals, earlier decision allowing funds to collect from contractor (E.D. Mo., rev den), 1122
        – – Failure to make under UBC pact, failure to forward union dues, and to purchase E-Stamps (E.D. Mo.), 1553
        – – Liquidated damages due before judgment entered (W.D. Wash.), 963
        – – Sheet metal contractor, SMWIA collection efforts, default judgment for failure to defend (D. Hawaii), 1267
      – Equitable estoppel, claims against pension plan administrators and fiduciaries (6th Cir.), 406
      – Exhaustion, union annuity fund participant's ex-wife challenge to benefits payments, claim for benefits (D.N.J.), 1525
      – Failure to timely forward worker contributions and collect employer contributions, EBSA suit against contractor (E.D. Cal.), 628
      – Fiduciaries and fiduciary breach
      – Flawed valuation reports, DOL charges ESOP trustee with buying worthless stock based on flawed valuations (E.D. Wis.), 43
      – Form 5500
        – – EBSA seeking comments on continued use, 578; PBGC seeks OMB approval for continued use, 578
        – – EFAST2 filers, wrong PIN most common mistake, DOL, 788
      – Forms 5500 and 5500-SF, annual reports, EBSA accepting electronic signatures, 366; DOL regarding 2011 as transition year, plans required to file electronically, EFAST2, 1024
      – Husband-and-wife pension benefits, divorce decree not qualified as waiver (W.D.N.Y.), 186
      – Life insurance, living benefits, failure to notify terminally ill worker, fiduciary duty, SPD (W.D. Wis.), 468
      – Life insurance, woman named as beneficiary gets benefits despite failure to end prior marriage (E.D. Pa.), 648
      – Multiemployer plans
      – Preemption
      – Retaliation, health plan administration, worker fired after complaint, not made during inquiry or proceeding (3d Cir.), 581
      – Retiree health benefits, ending Volvo retirees benefits when going out of business violated UAW pact (U.S., rev den), 21
      – Scheme to underpay workers on public projects to evade payroll taxes and benefit contributions, demolition firm officials convicted (D. Del.), 75
      – §403(c), SMWIA pension fund retained contributions of business owner ineligible to participate (3d Cir.), 1300
      – Sex bias, remodeling firm's only female worker, firing after refusing to waive rights under new plan (E.D. Va.), 500
      – Sole owners, owner of electrical contractor liable for failure to make benefit fund contributions to IBEW Local 58 (E.D. Mich.), 281
      – Statutes of limitations, derivative action for UBC pension and welfare plans, fiduciary breach (W.D.N.Y.), 1062
      – Unpaid contributions, IBEW plan administrator claims for fraudulent schemes (E.D.N.Y.), 1119
      – Vesting, amending pension plan to cap occupational disability benefits, applicability to retirees already receiving benefits (6th Cir., vac and rem), 1400
      – Withdrawal liability, technical guidance for actuaries on underfunded multiemployer plans, 641
    ESOP
    ETA
    ETHICS
      – Conflicts of interest, bid protester gets hospital renovation project, poorly supported GAO recommendations (Fed. Cl.), 672
      – Fed. Awardee Performance and Integrity Info. Sys., final rule, 176
    EVERGREEN CLAUSES
      – Grievance arbitration, contractor may not be compelled to submit to payroll audit, rights not asserted for 15 years (N.D. Ind.), 1151
    EXCAVATION
    EXCAVATION CONTRACTORS
      – Ballenger Constr., road, highway, bridge, and drainage projects, serious and repeat citations, OSHA fines, 1369
      – Horseshoe Constr., OSHA cites underground utility firm, willful, repeat, and serious violations, fines proposed, 1369
      – Mosser Constr., characterization of cave-in risk in preparation for Ohio sports arena serious, fine increased (OHSRC), 56
    EXCISE TAXES
      – S.D., bill making easier to administer for contractors on municipal projects signed, 29
    EXECUTIVE COMPENSATION
      – Average wage increase, Contractor Compensation Quarterly, 2009, 275
    EXECUTIVE ORDERS (E.O.s)
      – 11246, failure to comply with recordkeeping duties, services provider accord, (DOL ALJ), 1148
      – 13502, PLAs on high-value projects, ABC expresses concerns, letter to Issa, 1366; eliminating mandates restricting competition, set wages, job creation, BNA Interview, 1584
      – 13494, Economy in Government Contracting, U.S. Chamber of Commerce opposition to bar on federal contractor reimbursement for expenses of persuading workers on organizing, 493
      – 13502, GSA posts regulatory update encouraging PLAs on GSA, DOD, and NASA construction, 103; final rule implementing issued, ABA threatens challenge, 197
      – Regulatory reform, recent order could cut delivery time for transportation projects, DOT proactive, 1443
    EXHAUSTION OF REMEDIES
      – ERISA, union annuity fund participant's ex-wife challenge to benefits payments, claim for benefits (D.N.J.), 1525
      – Performance bonds, electrical contractor must arbitrate claims against general contractor before DOE BCA (D.N.M.), 1304
      – Prevailing wages, contractor's failure to notify Del. DOL before contesting violation no bar to suit (Del. Super. Ct.), 53
      – Wrongful discharge, IUPAT Dist. Council 22 business agent failed to use union remedies before suit (E.D. Mich.), 1524

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