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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
NAFTA
– Environmental remediation, zero-valent iron to clean up groundwater, practical use, webinar, 48
– Prevailing wages, DOL sets for base realignment projects on Guam, 1231
– No. Cal. Chapter, IBEW Local 595, NECA, and Scott Elec., San Francisco-Oakland Bay Bridge, administrative hearing before litigating use of unauthorized electricians (Cal. Ct. App.), 626
– Rules negatively impacting construction, specialty trade contractors oppose prevailing wage laws repeal, tax and burdensome safety rules relief, 1541 – St. Louis Chapter, IBEW Local 1 pact, 475 – So. Cal. IBEW Pension Fund, L.A. schools alarm installation, material fact of which pact applied (9th Cir.), 479
– Construction Sector Group, worker groups, government agencies, and academics working to improve, OSHA participation urged, 1233
– Extramural funding, targeted budget cuts likely, nanotechnology and asbestos research, health and safety in oil and gas extraction, work/life research, Outlook 2011, 1412 – Non-asbestiform elongated mineral particles, industry alliance urges removal from definition, response to request for comment, 307 – PPE certification, IOM panel considers need for different approaches, charged with changing terms for non-respiratory equipment, 237 – U.S. Green Building Council, plan to add health and safety system to leadership program, 432 – Vehicle backing operations, road construction group supports regulating, flexible performance-based standard, 1397
– Amendment proposal, Employee Free Choice Act
– Definition, specific wording not subject to broader interpretation, criticism of NLRB rising as unions decline, Schaumber, 141 – Disclosure, roofing contractor refusal to provide pact jurisdictional provisions, ULP (NLRB), 1238 – Federal contractors, OLMS set to publish final rule on poster informing workers of rights, 369; U.S. Chamber of Commerce, opposition to barring reimbursement of contractors' costs in persuading workers, 493 – Injunctions, Meisburg calls §10(j) authorization active and vital program, final report, 492; suggests permanent delegation to General Counsel but not regional directors, 571; all actions taken by General Counsel when operating with 2 members ratified, 609 – LMRA – Pre-hire pact, §8(f) exception for construction industry, majority support, LIUNA claim (7th Cir.), 243 – Preemption
See PREEMPTION
– §10(k), proceedings to prevent SMWIA from picketing roofing work under PLA rejected (D.N.J.), 85; subcontractor damages for lost work, 241 – Unfair labor practices
– Ed. Note: For enforcement actions other than general stories and weekly summaries, see relevant subject headings.
– Appointments and personnel changes
– – Agency administration, all actions taken by 2 member board ratified, 609
– – General Counsel, Meisburg reflects on issues during tenure, greater appreciation for process, 571; all actions taken by General Counsel when operating with 2 members ratified, 609 – – Members, unions urge recess appointments to fill vacancies, 42; Obama makes recess appointments of Becker and Pearce on Board, GOP denounces, 135; Becker and Pearce sworn in, 202; new board eager to start resolving cases but unlikely to make policy changes, 205; Liebman warns of Board with no members by 2011 if Senate fails to confirm nominations, 492; Pearce and Hayes confirmed, Becker nomination still pending, 528; Becker renominated, prior recess appointment, controversy over labor bias, 1472 – Case-handling processes, Meisburg issues memo to regional personnel and public, raised by labor law professionals, posted on web site, 204 – Critical litigation results, success rate, committee report, FY2010, 1021 – Deferral to arbitration decisions, Acting General Counsel to urge new approach, 1434 – First contracts, ULPs, regional offices given greater authority to seek remedies, Acting Gen. counsel memo, 1570 – Injunctions, ULP cases, firing during union organizing, expedited injunction procedure, General Counsel memo, 949; text, 970; expedited process could be expanded to other areas, Acting General Counsel suggests, 1019 – NLRA
– – Specific wording not subject to broader interpretation, criticism of Board rises as unions decline, Schaumber, 141
– – State initiatives barring recognition of unions preempted, NLRB, 1439 – Posting notices, proposed rule, 1285 – Reform, charge filing more suitable to small firms, Bellaman, BNA Interview, 1584 – Remedial notices, electronic posting, interested parties file amicus briefs supporting, U.S. Chamber of Commerce opposes, 613 – Representation elections, BLS report, 1997-2009, 620 – Two-member panel, validity of rulings, NLRA requires quorum (U.S., oral arg), 113; supplemental briefs on effect of 2 recent recess appointments to board (briefs sought), 246; Bd. with just 2 members had no authority to issue ULP and representation cases, other cases to be resolved on remand (dec), 540; NLRB ratifies actions taken by 2 member board, seeking remand of cases pending in appellate and Sup. Ct., 609; statement outlining plans for handling cases ruled on by 2 member Bd., 610; four returned cases reconsidered, database of two-member cases created, 723; 3 member panels have redecided cases on remand cases pending before ruling, Solomon, 1019 – ULP charges, guidance to regions on handling 12 categories of cases, 181 – ULPs, employers and unions must distribute electronically where technology customarily used (NLRB), 1051; text, 1072 – Weekly summary of actions, 169; 291; 357; 450; 485; 513; 589; 679; 712; 713; 745; 800; 837; 887; 917; 973; 1010; 1044; 1045; 1071; 1099; 1159; 1185; 1277; 1387; 1424; 1463; 1533; 1562; 1591
– Death threats, white manager fired after fight with Hispanic supervisor (Tex. Dist. Ct.), 1339
– Derogatory names, Hispanic worker firing for complaint about supervisor, supervisor had authority to hire, impose discipline, owner liable for hostile environment (N.D. Ill.), 501 – Hostile environment, elevator helper called names by supervisor, demotion after failing mechanic test, criminal record, layoff (M.D. Tenn.), 1450 – Layoffs, Hispanic carpenter fired after working on hospital contractor not rehired, no evidence of animus (10th Cir.), 1153 – Working conditions and pay, Hispanic workers charge drywall contractor, accord (D. Minn.), 439
– Damages, Houston contractor to pay for harassment based on national origin, Islamic faith, and race, EEOC accord (S.D. Tex.), 274
– Hurricane Katrina, Tri-County Contractors debarred for failure to pay prevailing wages on FEMA contracts (DOL ARB), 1196
– Hurricanes Katrina and Rita, DOD and USACE failed to monitor subcontracting of rebuilding contracts, small business involvement, 786
– Fremont, voter ordinance requiring city-licensed businesses to participate in E-Verify, guarantee no knowing hiring undocumented workers, 554; state court refused to address city authority under state law (Neb.), 1126
– Misclassification of workers, bill imposing penalties for construction and transportation contractors signed, puts legitimate firms as disadvantage, cost state tax revenues, 254
– Design flaw, widow's experts failure to show feasability of alternate crane design, compare costs to benefits, or failure to warn users of blind spot (S.D. Ct. App.), 936
– Electrocution after scaffolding fall, expert witness only qualified on low voltage system (5th Cir.), 1582 – Failure to keep construction site reasonably safe, car dealership liability for painter fall in new building (N.C. Ct. App.), 1304 – Occupational safety and health, expert witness, testimony on statutory duty to cover openings, subcontractor's worker death (11th Cir.), 471 – OSH Act violation, failure to instruct jury that violation of OSHA standards could prove negligence (Iowa App.), 1302
– Carson City, unions to appeal ruling letting school district install solar panels in schools, prevailing wages (Nev. Dist. Ct.), 1343
– Clark County, pilot program approved, volunteers sent to county work sites to ensure prevailing wages paid, 1270 – Construction-related legislation, job-related proposals, 1558 – Electricity transmission line carrying power from renewable resources to SW U.S., DOE conditional loan guarantee, 1033 – Interstate 15 corridor, magnetic rail project, FRA mandated to use funds earmarked for environmental impact study to deploy, 273 – Nevada Jobs First, preferences for firms using state workers in public contract bidding, 1558 – Nevada Jobs Fund, capital fund would finance bond issues for infrastructure projects, 1558 – Prevailing wages, GOP caucus protest of new rates, delay implementation until legislative review, 1002; Labor Comm'r declines to comply with GOP request to delay, legal duty to carry out new rates, 1207; GOP minority plans to suspend or freeze 2010 wage rates, 1557 – Road projects, approval expected to create jobs, 510
– Census Bureau Survey of Constr. Industry, Jan., 2010, 18; March, 310
– FRB Beige Book Surveys – Housing starts, HUD-Census Bureau report, March, 240; April, 371; June, 646; July, 761; August, 902; Sept., 1028 – Residential, bubble-related demand, BLS report, 2005, 1333 – U.S. Economic, Capital Markets, and Apartment market Overview and Outlook, Marcus & Millichap analysis, third quarter, 2010, 930
– 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
– Delaware River Bridge, state and Pa. officials plan to replace I-95 connection using public-private partnership, 708 – Egg Harbor, SMWIA award, community center PLA breach, awarding work to nonsignatory UBC (D.N.J.), 85; subcontractor damages for lost work, 241 – Green Brook, road worker whose supervisor made racial jokes and slurs, DOJ accord (D.N.J.), 545 – Port Auth. of N.Y. and N.J.
– – Bayonne Bridge, funding to address low clearance, navigational issues, 913
– – Goethals Bridge, partnership to replace aging structure proposed, 413 – – World Trade Center
– – – Personal injury, accord with rescue, recovery, and cleanup workers announced (S.D.N.Y.), 1026
– – – Rebuilding, funding authorization, 772 – Prevailing wages, GOP seeks repeal of laws requiring payment, 1155 – S. Jersey Transp. Auth., bid for airport expansion properly awarded to lowest bidder, defects immaterial (N.J. Super. Ct. App. Div.), 1124 – Stolen identity, fictitious company, and fraudulent documents, disbarred contractor indicted for use to bid (N.J. Super Ct.), 1096 – Transportation capital plan, plan to cut borrowing without tax hikes or other new revenue, proposal, 1377 – Underpaying workers, evade payroll taxes and benefit contributions, demolition firm officials convicted (D. Del.), 75 – Undocumented workers, misclassification as independent contractors, UBC and contractor class action (D.N.J.), 648
– Prevailing wages
– – Requiring establishment and fringe benefit rates for public works, panel tables, 1558
– – Standing, ABC suit for change in calculation without reference to voluntarily submitted wage data (D.N.M.), 116
– Albany, capital resource organization to fund civil projects approved but no prevailing wage requirement, 121
– Capital spending, recommendations encouraging smarter spending on infrastructure projects with long-term benefits, report, 1244 – Civic construction, governor submits bill mandating prevailing wages and DBEs use, 629 – Construction fraud, investigations will be strengthened, new state false claims law, 1491 – Greenhouse gas emissions, climate action plan to cut by 80 percent released, 1157 – Lake Champlain Bridge, Vt. rejects draft amendment to bid solicitation for renovation adding PLA, 154; N.Y. officials to abandon effort to attach PLA, 221 – Money laundering, mail fraud, and obstructing grand jury, attorney at large despite guilty plea pending appeal (2d Cir.), 664 – Monopoly by fraud, N.Y. energy efficient building system designer suit, U.S. Green Buildings Council, LEED system (S.D.N.Y.), 1028 – New York City
– – Crane collapse, rigger and firm acquitted of homicide (N.Y. Sup. Ct.), 733
– – Fabricating and falsifying materials test results, materials testing firm 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 – – Green city codes, bills implementing energy and environmental considerations for city codes signed, 1003 – – Infrastructure, green plan developed tocut seage overflows by caputring and retain storm water before runoff, 968 – – Negligent homicide, manslaughter, assault, and reckless endangerment, charges filed in crane collapse that killed 2 (N.Y. Sup. Ct.), 58; acting chief N.Y.C. building inspector pleads guilty to taking bribes, falsifying reports, 156; crane firm owner pleads guilty to bribing building inspector, 383; senior inspector sentenced, 551; crane owner sentenced, 940 – – Prevailing wages
– – – City debris removal contract, record damages, accord, 1585
– – – Schemes to evade payment, contractor arrests announced, 1000 – – – Start Elevator, contractor arrested for underpaying prevailing wages (S.D.N.Y.), 1169 – – – Uronwork contractors arrested for failure to pay, submitting false recordsm, electrical contractor also charged on school project, 967 – – Sex bias, pattern or practice of bias by hiring only men as bridge painters (S.D.N.Y.), 376; accord approval, 961 – – Tax fraud and underpaying workers compensation, contractor's owner pleads guilty, underreported income, failure to disclose amount of wages, 480 – – World Trade Center
See World Trade Center, this heading
– Port Auth. of N.Y. and N.J.
– – Bayonne Bridge, funding to address low clearance, navigational issues, 913
– – Goethals bridge, partnership to replace aging structure proposed, 413 – – World Trade Center
See World Trade Center, this heading
– – Alter ego, N.Y.S. Thruway Auth. bridge cleaning and painting, intentional default, affiliated entity, appeal right (N.Y. App. Div.), 1447
– – Construction or building renovation, bill requiring industrial development agencies to adopt tabled, AGC official, 551 – – Failing to pay on school and other public projects, N.Y. contractors charged (N.Y. Crim. Ct.), 382 – – Funds owned to roofing contractor, withholding to satisfy violations (S.D.N.Y.), 217 – – Transp. Dep't and 9 municipalities, roadwork firm owners plead guilty to felonies (N.Y. Sup. Ct.), 1243 – – Westchester County, violations on office renovation, underpayments recovered (N.Y. DOL), 1491 – State scaffold law, partial staircase could be considered fall protection device but not roof joists (N.Y. App. Div.), 1303 – Times Square and South Ferry subway stations and Bronx water filtration plant, contractor to pay $20M for fraudulent reporting of DBE compliance, accord, 1195 – Transportation infrastructure, state lacks revenue to maintain, has no credible strategy for meeting future needs, report, 1180 – Wage theft, prevailing wage law violations by contractor (N.Y. Town Justice Ct.), 884 – Wicks law, AGC standing to challenge amendment, constitutionality of changing threshold amount, exempting PLAs (N.Y. Sup. Ct.), 1239 – Worker misclassification, assembly bill cracking down on construction industry, Fair Play Act presumption that all are employees, 629; governor signs bill, 829; joint task force including officials from DOL, Atty. Gen., Tax Comm'r, Workers' Comp. Bd., Workers' Compensation Fraud IG, and N.Y.C. Comptrollers, 1018; law combating misclassification effective, 1096 – World Trade Center
– – Dust and debris from attacks, first responders who suffered lung damage still have lowered lung function, study, 239
– – 9/11 Health and Compensation Act
– – – Funding authorization for reconstruction and design, 772
– – – Pact attained with Silverstein Properties, 154 – – – Safety, OSHA and unions form partnership, 813
– Hearing conservation
– Security and Prosperity Partnership forum, Canada, Mexico, and U.S. had been working under but process died, harmonization still important, 574
– Affirmative action, state plan valid for some protected classes, invalid for others (4th Cir.), 734
– Apprentices, final rules conforming with federal regulations issued, 1272 – Bonner Bridge, FHWA record of decision allows repair and replacement project, 1313 – DeVere Constr., investigators looking into fatal accident on sewer line, history of citations, 1454
– COBRA
– Multiemployer plans, PBGC asking for public comments, OMB approval of current rules extension needed, 1143 – Posting
See POSTING NOTICES
See generally ENERGY
– OSHA FY2010 inspection plan, resources directed to high hazard workplaces with highest injury and illness rates, 1056
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