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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
MAIL
– Electronic
See E-MAIL
– Asbestos, CAA, N.Y. men sentenced for illegal disposal, 496
– Benefit contributions for personal interests, design firm principals indicted (M.D. Pa.), 375 – Fictitious inspection reports before demolition, asbestos inspector sentenced (E.D. Mo.), 79 – Kickback scheme for work not done, former hospital construction director, FBI arrest (C.D. Cal.), 1476
– Worker classification, executive order abolishes task force as unnecessary, labor relationship with new governor strained, 1452
– Workers' compensation, bill authorizing state board to issue stop work orders against hiring agents or construction subcontractors who fail to provide, 253
– FY2010 supplemental appropriations, administration loan guarantees support renewable energy and nuclear power development, 428; bills, see LEGISLATION, FEDERAL, HR 4899, S 4253
– Regulations.gov, best practice guidelines to improve E-Rulemaking, 1263
– Related employers, panel authority, BAC benefit fund contributions (D.N.J.), 1447
– Buy American
– Gimrock Constr., bargaining with IUOE at least 16 hours per week until pact attained or lawful impasse (NLRB), 1522
– Haiti. rebuilding port infrastructure, private sector representatives say rebuilding essential to reconstruction, Locke tells Tourism Minister, 276 – MCM Marine, marine contractor claims Road Comm'n rejection of bid was race bias (Mich. Ct. App.), 284 – Puget Sound Naval Shipyard, storage violation, hearing denied due process, evidence supported decision (OSHRC, rev grant), 1449
– Baltimore, PLAs, proposal requiring community partnerships for city-funded projects pulled temporarily, 59; proposed ordinance introduced, 156
– D.C. Metro Area Council of Governments, transportation and land use planning, report, 913 – Legislative and regulatory roundup, 1498 – LIUNA launches statewide infrastructure campaign, 726 – Occupational safety and health, expert witness, former state inspector, general duty clause, statutory duty to cover openings, negligence (11th Cir.), 471 – Prevailing wages, DOL to use Md. DOL survey for federal highway construction workers, 59 – Transportation funding, commission appointed to study options, 772; fiscal crisis due to inadequate funding, manipulation of trust fund to cover other budget shortfalls, interim report, 1344
– Alexander's Masonry, Mo. orders back pay, failure to pay prevailing wages on public high school project, 1312
– Concrete and masonry construction standard, OSHA data collection request to OMB, semiannual regulatory agenda, 1291 – Don Salyers Masonry, student housing, private subcontractor failure to pay prevailing wages, penalties due to workers (Ohio), 26 – IVM General Constr., OSHA proposed fines for residential balcony collapse during construction, 619 – N&C Iron Works, OSHA proposed fines for residential balcony collapse during construction, 619 – US Technology, sandblasting of military aircraft in masonry blocks, Ohio EPA requires hazardous waste permit (U.S., rev den), 505
– Buy American, coalition of labor, environment, and business groups urge tripling spending, strengthening standards, 1059
– California
– – Bay Area Rapid Transit Dist. (BART), financial package for Oakland airport light-rail with PLA reapproved, 707
– – Los Angeles Metro. Transp. Auth., projects funded by sales tax rate hike generates revenue, adds jobs, report, 222; proposal to complete transit projects, urges U.S. to finance expedited schedules repaid by sales tax hike, 290; project delayed or incomplete if planning, oversight, and contract management weak, state auditor report, 322; mayor urges new strategies to hike infrastructure investments, 384; federal funding assistance, 798 – Cross-Border Transportation, U.S. and Mexican officials to meet in Tex. to push forward projects, 677 – D.C., Wash. Metro Area Transit Auth.
– – Res judicata and collateral estoppel, first claim for material misrepresentation and failure to perform, contractor could not have asserted claims in first action, breach of contract issues not litigated (D.D.C.), 936
– – Transportation and land use planning, Council of Governments report, 913 – N.J., commuter rail tunnel, funding of project uncertain, 912; project terminated, costs exceed earlier projections, 1006; work shut down for inability to get funding, 1067; Amtrak joins plan to build tunnels, increase capacity for commuter trains and intercity rail service, 1531; joint venture may not disqualify engineering firm counsel that previously represented member, 1554 – Projects on back burner, delays and worker productivity loss from traffic congestion, costs to contractors high, AGC report, 495 – Surface Transportation Extension Act – U.S. highway and transit policy, debates academic, lawmakers struggle to find funding for expensive but overdue reform, 1033
– Big Dig, managers of firms supplied substandard concrete, U.S. Atty. disappointed with sentences (D. Mass.), 428
– Boston, layoffs, vacancies, bumping rights, reinstatement permissible despite pact ban (Mass. App. Ct.), 1039 – Competitive bidding, state law, long-term lease with developer to build and maintain Univ. of Mass. student housing (Mass.), 442 – Greater Boston Plumbing Heating and Cooling Contractors, UA Local 12 three-year pact ratified, 827 – Holyoke, proposal establishing residency goals, training programs for women and minorities, dropped after utility contractors threaten suit, city solicitor advice on constitutional challenge, 1003 – Overtime and prevailing wages, mechanical contractor to pay restitution and fines, accord, 92 – Payment terms for subcontractors on public projects, bill to resolve problems, 774 – Pittsfield, Dalton, DOT, Adams Fire Dist., and Conservation and Recreation Dep't, contractor falsely claimed use of DBEs (Mass. Super. Ct.), 1040 – Quincy, downtown revitalization project, final approval, labor provisions governed by PLA, 1345 – Sheet metal workers, training and licensing rules take effect but AGC suit for nonunion contractors continued (Mass. Super. Ct.), 27 – Univ. of Mass., Boston, conflict of interest in PLA charged by nonunion contractors, 741 – Wage and hour violations, contractor accord includes debarment and restitution, 798 – Wage law violations and worker misclassification, task force recovered $5.6M in 1 year, report, 1041 – Worker misclassification, N.H. contractor debarred, penalized for projects in 5 Mass. cities, 289
– Fabricating and falsifying test results on major N.Y.C. projects, company and officials convicted (N.Y. Sup. Ct.), 16; official sentenced, fine ordered, 223; investigations into falsified lead and asbestos testing continue, reforms proceeding, 287; testing firm official sentenced, reparations ordered, 446; inspector sentenced, 1294
– Affordable Health Care for America Act
– Preservation of Access To Care For Medicare Beneficiaries and Pension Relief Act
– Asbestos exposure
See ASBESTOS
– Am. Iron and Steel Inst., greenhouse gases, EPA rule for new and stationary sources (D.C. Cir.), 434
– Capital Iron Works, failure to respond to IBB complaint or NLRB judgment, suit to execute NLRB ULP decision (10th Cir.), 1123
– Cross-Border Transportation, U.S. officials to meet in Tex. to push forward projects, 677
– Hazardous occupations, concentration of workers from Mexico and Central America, CBO report, 784 – Security and Prosperity Partnership forum, Canada, Mexico, and U.S. had been working under NAFTA but process died, harmonization still important, 574
– Battle Creek, waiver of prevailing wage ordinance favors company expansion, 771
– Detroit Edison, safety agreement on emissions control between Mich. OSHA and contractors, 676 – Detroit River Intl. Crossing, Mich. legislators and bridge owner oppose, officials lobbying for public-private partnership, 254; Canada offers more financing, 323; house passes bill authorizing, 448; revised legislation may speed project, 884 – GM bankruptcy, administration investment to speed environmental cleanup and redevelopment of former plants, 402 – Occupational safety and health, bill to dismantle state agency introduced, budget deficit, 1529; correction, 1561 – Ottawa County Road Commission, marine contractor bid rejection, race bias (Mich. Ct. App.), 284 – Right-to-work, GOP controlled legislature, proposal gives municipal financial managers power to circumvent CBAs, prevailing wages, 1587 – Transportation initiatives, tax levy to pay for transportation projects passed, county proposal to fund county transit system failed, 1115 – Transportation investment, fuel taxes and vehicle registration fees, hike to fund, Chamber of Commerce, study shows risk, 448
– Local 1102, Detroit Edison, safety agreement on emissions control, 676
– Local No. 1102 Supplemental Pension Fund, investment adviser sentenced, excessive fees, plan assets for personal use (N.D. Ill.), 529
– Backlog and rising incidence of black lung disease, DOL OIG report to Congress voices concerns, 1232
– Black lung disease, combatting top priority, Main tells NSC, 989 – Byrd Miner Safety and Health Act – FY2012 budget, administration proposal, DOL funding cuts, increased funding to cut cases backlog, personal dust monitors, 1547 – Pattern of violations, Main says program needs overhaul, reinstate requirement to inspect mine before shift start, 305
– Construction and restaurant industries, WHD announces enforcement initiatives in Denver area, 17
– Enforcement, WHD launch of public awareness campaign, 179 – Failure to pay, recordkeeping, hours of work, and kickbacks, Cal. accord with drywall firm (Cal. Super. Ct.), 188 – Prevailing wages, ABC standing to bring suit for calculation change without voluntarily submitted wage data (D.N.M.), 116
– DBEs
– – Business Enterprise and Workforce Collaborative, legislature asked to continue hiring goals, 1530
– – Race and sex bias, traffic signal firm charges constitutional violation, no evidence of prior bias (D. Minn.), 1560 – – Transp. Dept. gives contractors on federally funded projects extra time to document hiring, 1005 – I-35W bridge collapse, awarding replacement contract to highest bidder, best value for state (Minn.), 1095 – Independent contractor payments, updated fact sheet issued, 797 – Jobless benefits, millwright classified as laborer and foreman cashed expense checks without permission, left with good cause, evidence (Minn. Ct. App.), 149 – Minneapolis, bias continues to affect hiring of minority- and female-owned construction firms, study, 1156 – PLAs, new governor intent to repeal executive order encouraging localities to consider, 1155 – Sexual harassment, female subcontractor standing to sue contractor, not party to contract with her firm (Minn.), 344 – Transp. Dep't
– – Diversity program, contractor requirements, 830
– – Headquarters, effort to get N.D. contractor to pay prevailing wages, funds withheld to ensure compliance release, 478
– DBEs
See generally WORKER CLASSIFICATION
– Employee Misclassification Prevention Act
– Drug and alcohol abuse
– Welding fumes, apportionment of liability, new trial ordered in multidistrict litigation (5th Cir.), 878
– Excessive Unemployment Act, public works workforce to be state residents or residences of states without similar restrictions challenge (E.D. Mo.), 1001
– Injury reports, workers' compensation claims administrators fined, failure to file timely, 1532 – Labor and Industrial Rel. Dep't
– – Prevailing wages, masonry contractor failure to pay, back pay ordered, 1312
– – Worker classification, procedure for identifying and investigating misclassified workers, better selecting audit targets, follow-up audits, penalties, report, 1002 – Prevailing wages
– – Criminal charges against contractor (Mo. Cir. Ct.), 832; deferred prosecution agreement reached, charge dropped if contractor compliant for 2 years, 1125
– – Public water system project, contractor charged with felony, forgery and other violations (Mo. Cir. Ct.), 288 – – Public works project, back pay order, 831 – Workers' compensation
– – Exclusive remedy, occupational diseases, bill passed, 1587
– – Failure to maintain insurance, contractor sentenced to prison for failure to maintain insurance (Mo. Cir. Ct.), 966
– Vehicle backing operations, road construction group supports regulating, flexible performance-based standard, 1397
– Welding fumes, manganese exposure caused Parkinson's Disease, expert testimony on causation speculative (6th Cir., vac and rem), 933
– Ed. Note: This heading is used for general coverage of multiemployer plans. For coverage of multiemployer pension plans specifically, see MULTIEMPLOYER PENSION PLANS.
– Alter egos
See ALTER EGOS
– Create Jobs and Save Benefits Act – Delinquent contributions
– – Garnishment of wages by plans to collect from contractor's alter ego (D. Md.), 895
– – Single employer, related firms jointly liable for delinquent contributions (E.D.N.Y.), 1583 – Endangered or critical funding status, penalties for failure to establish funding improvement and rehabilitation, final rule, 10 – ERISA
See ERISA
See FIDUCIARY DUTY
– 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 – Funds, assets declined since 2009, congressional relief needed quickly, report, 334 – IBT benefit plans, organized crime family members charged with using nonunion shell firms to evade IBT pact contributions (E.D.N.Y.), 44 – Plumbing contractor, same workers, customers, address, and tools, liability for delinquent benefit contributions (C.D. Ill.), 651 – Post-retirement plans other than pensions, FASB project to improve employer participation disclosures, 103 – PPACA, rules clarify effective date, collectively bargained plans expect delay, 721 – Preservation of Access To Care For Medicare Beneficiaries and Pension Relief Act – Schedule C, multiemployer plan expenses paid by contributing employer, reporting duty, DOL information letter, 642 – Unpaid contributions, president's duty to make, carpentry firm in bankruptcy (N.D. Ind.), 473
– Arbitration, contributing employer withdrawal liability, no employer request (E.D. Va.), 440
– Withdrawal liability, accord with welding firm does not bar seeking (N.D. Cal.), 23
– Accelerated withdrawal liability payments required pending results of arbitration (N.D. Ill.), 876
– Accounting standards, FASB proposed rules on disclosure of withdrawal liability, 754 – Actuaries, no negligence or malpractice by actuary due to flawed source data (N.D. Ohio), 765 – Alter egos
See ALTER EGOS
– Buffalo Pension Fund, withdrawal liability, claim to enforcement arbitration accord (W.D.N.Y.), 150; pension fund may pursue claim to collect (2d Cir.), 1485 – Critical status, withdrawal liability, technical guidance for plans in red zone, 641 – Death benefits, finding deceased participant selected pension opetion that did not provide for beneficiaries not arbitrary or capricious (S.D.N.Y.), 933 – ERISA, preemption of Cal. claims against former worker, used facilities to run own business during work hours (N.D. Cal.), 378 – Fiduciary breach
See FIDUCIARY DUTY
– Imputed debt, stock market improvement and low discount rates, funding status unchanged despite strong investment returns, PBGC expects more insolvent plans, 1293 – Letter of consent, duty of nonsignatory electrical contractor to make pension contributions (U.S., rev den), 421 – Los Angeles Unified School Dist., order to provide personal information in third-party payroll records to IBEW pension plan (Cal. Ct. App.), 909 – Minimum funding standards, IRS PLRs, amortizing unfunded liabilities, 366; text, IRS PLR, 389 – MPPAA – PBGC Data Book 2009, claims by insolvent plans, other data, 783 – Plumbers Local 200 Pension Fund, benefits of business owner suspension, drawing salary after retirement (2d Cir.), 1300 – Preservation of Access To Care For Medicare Beneficiaries and Pension Relief Act – Scheme to under pay, false reports, falsified time sheets, sheetrock contractor guilty plea (D. Minn.), 1367 – Structural reforms, administration may approve short-term funding relief, future not bright for continuation, Borzi, 300; updating premiums to prevent further insolvencies, Senate hearing, 423 – Withdrawal liability
– – Arbitration, IUOE pension fund compelled to arbitrate fines imposed against rock firm (N.D. Cal.), 1581
– – Bankruptcy, insulation contractors under common control jointly and severally liable (D. Mc.), 1337 – – Underfunded plans, technical guidance for actuaries, 641
– Defined benefit, IRS guidance on funding relief under Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act, 1193
– Green Zone plans, Segal Co. report, 2010, 1513 – Minimum funding standards, IRS PLR, extension for amortizing unfunded liabilities, 1087 – Notice and reporting requirements, PBGC asking for public comments, OMB approval of current rules extension needed, 1143 – Viability, changes increasing would include eliminating duplicative reporting and establishing shared database, GAO report, 1167
– Alter ego, commingling funds, establish use to avoid UBC fund contribution duties (8th Cir.), 23
– Duluth Building Trades Welfare Fund, IW local class action for reducing participants' banked hours to 0 when leaving plan (D. Minn.), 184 – Puget Sound Health and Welfare Trust Fund, dollar bank credits, participation in special retiree plan, abuse of discretion (W.D. Wash.), 438 – Sole owners, owner of electrical contractor liable for failure to make benefit fund contributions to IBEW Local 58 (E.D. Mich.), 281
– Work-related, OSHA plans final rule, add column on OSHA 300 log, semiannual regulatory agenda, 264; work on final rule highest priority, administrator says, 530; prevention program highest priority for Natl. Safety Council, funding for Voluntary Protection Program, 926; no ergonomics rule, Michaels tells USW, 986; White House regulatory office extends review period, 990; final rule requiring reporting of MSDs due in Feb., regulatory agenda, 1289
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