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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
PAINTERS (IUPAT)
– Council 711 Benefit Funds, default judgment for unpaid contributions, improper service of process (D.N.J.), 1399
– Dist. Council 22, business agent failure to exhaust union remedies before wrongful discharge suit (E.D. Mich.), 1524 – Dist. Council 30, arbitration panel award against small contractor for wage underpayment, fines steep but Joint Trades Bd. interpreted pact (N.D. Ill.), 671 – Dist. Council 35, Painting and Finishing Employers Ass'n of New England pact ratified, 584 – Dist. Council 711, former official pleads guilty, embezzling union money to benefit self and family (D.N.J.), 365; sentenced, 1053 – Husband-and-wife pension benefits, ERISA, divorce decree does not qualify as waiver (W.D.N.Y.), 186 – Local 8A-28A, refusal to include Chicago Transit Auth. members in disaffiliation referendum (E.D.N.Y.), 979 – Local 22, Detroit Edison, safety agreement on emissions control, 676 – Local 159, representation dispute sent to NLRB (9th Cir.), 738 – Local 218, drywall firm owners charged with theft for keeping money withheld for benefit funds (Pa. Dist. Ct.), 1561 – Local 1512, So. Nevada Painting and Decorating Contractors Ass'n pact implemented, 126 – St. Louis, national and local unions criticize UBC poaching work and members from other unions, rally, 527 – Union Deposit Fund, unionized painting contractor and nonunion general contractor alter egos for unpaid contributions (6th Cir.), 278; IUPAT gets attorneys' fees (E.D. Mich.), 1485
– Atlantic Painting, widow of bridge painter who died after fall, Ky. law gives general contractor immunity (Ill. App. Ct.), 1094
– Meda Painting and Refinishing, RICO, fraudulent classification of workers to evade taxes, mail and wire fraud (E.D. Mich.), 471 – Ohio, Franklin Cty. Bd. of Commrs., baseball stadium, contractor disqualification (Ohio), 148; county ordered to reconsider bid, rejection for prevailing wage violations abused discretion, 315 – Painting and Finishing Employers Ass'n of New England, SMWIA Dist. Council 35 pact ratified, 584 – Premier Painting and Decorating, default judgment for unpaid benefit contributions, improper service of process (D.N.J.), 1399 – So. Nevada Painting and Decorating Contractors Ass'n, IUPAT Local 1512 pact implemented, 126 – Thomas Indus. Coatings, OSHRC deciding whether to review ALJ decision for worker fatalities using per-instance penalty policy, 1177 – Trozzo Enters., contractor sentenced for failure to pay FICA taxes, false tax returns, underreporting income, and false pay (S.D.N.Y.), 925 – Vinco Painting, arbitration panel award to IUPAT Dist. Council 30 for wage underpayment, fines steep but Joint Trades Bd. interpreted pact (N.D. Ill.), 671 – Wis., bill strengthening provisions for worker misclassification for painting and drywall finishing signed, 382
– WHD public wage survey process, OMB review, 1472
See FIREFIGHTERS
– Public-private
– Controlled groups, penalties on large firms not offering health benefits will also apply, minimal essential coverage varies, 398
– Employee benefits, employers continue, cost-cutting, medical loss ratios, insurance exchanges, accountable care, Medicare, 1381 – Form 1099 reporting requirements, U.S. Chamber of Commerce urges repeal, 755 – Grandfathered plans, McConnell accuses Obama of promises of continued coverage, interim final rule estimates more than half will lose status, 497 – Group health plans, including union plans, impact on collectively bargained plans, state-based exchanges, unknown, 209 – Health care coverage, no time for member focus, will affect future bargaining, e-mail campaign killed construction provision, AGC interview, 379 – Multiemployer plans, rules clarify effective date, collectively bargained plans expect delay, 721 – Pact talks, long-term view of how overhaul affects cost-cutting proposals, leave flexibility, ensure nondiscrimination, 491 – Self-insured group health plans, multi-agency interim guidance issued, 784 – Small business plans, GOP agenda to repeal after recess, 532 – Small employer tax credit, IRS clarified, but issues unresolved, 404
– HIRE Act exemptions
– Underpaying workers on public projects to evade, demolition firm officials convicted (D. del.), 75
– Ballenger Constr., road, highway, bridge, and drainage projects, serious and repeat citations, OSHA fines, 1369
– Berry & Son, contractor fined for asbestos standard violations at Boston hospital laboratory, OSHA, 50 – Construction or demolition standard, citation for failure to implement fall protection, which standard applicable (OSHRC, rev grant), 24 – Criminal Penalties for Unauthorized Employment Act – Fatalities, OSHA levies fines for power plant explosion, 730 – Minimum wage and overtime, Cal. accord with drywall firm (Cal. Super. Ct.), 188 – OSHA, recent audit reveals impact of reductions as incentive for employer improvements, OIG report, 1232 – PPEs, OSHA authority to impose separate fines for each worker not trained, given respirator (D.C. Cir.), 231 – Protecting America's Workers Act – Residential leases, EPA rules requiring lessors to disclose presence of lead paint reasonable, within Lead Hazard Act scope (11th Cir.), 703 – Severe Violator Enforcement Program, OSHA looking at gravity-based penalties, 535 – Taxpayer Responsibility, Accountability, and Consistency Act
– Allentown, city council to pass bill allowing only union contractors to bid on public contracts, 1271; passed, 1309
– Bidding, state affiliated entity may award contract based on RFP if contracting officer explains why standard competitive sealed bids not preferable (Pa. Commw. Ct.), 1152 – Breach of contract, trade secrets law bars claims, solar power project foundation design and installation (W.D. Pa.), 1240 – College renovation, roofing worker fall, liability for injuries (Pa.), 1448 – Delaware River Bridge, state and N.J. officials plan to replace I-95 connection using public-private partnership, 708 – Employment eligibility, bills targeting contractors hiring undocumented workers to gain competitive advantages ready for floor votes, 251; bills penalizing contractors passed by House, 508 – Hazelton, injunction barring enforcement of ordinance regulating employment and housing for illegal aliens upheld (3d Cir.), 877 – Independent contractors, legislation making construction firm subject to fines for misclassifying workers, legislation pending, 940; fines and jail time for knowingly misclassfying workers as independent contractors signed, 1004 – Lancaster County, mandatory use of PLAs on county projects banned, 1490 – Notice, failure to tell contractor of intent to treat injunction hearing as final trial on merits (3d Cir.), 20 – Plumbers, state senate passes bill setting licensing standards, barring unlicensed services, 354 – Prison projects, open shop contractors challenge provision requiring PLAs denied relief (Pa., per curium), 1484 – Procurement, using RFPs instead of sealed bids, university building renovation project, standards for lesser practice (Pa. Commw. Ct.), 438 – Right to Know Law, redacting names and addresses of contractors' staffs before releasing, removal of protected personal information (Pa. Commw. Ct.), 444 – Theft, keeping union dues withheld from UBC members, taking money meant for IUPAT benefit funds, drywall firm owners charged (Pa. Dist. Ct.), 1561 – Transportation projects, lawmaker announces bill to address funding gap, 223; special legislative session called to tackle funding needs after FHWA rejects tolls proposal, 322
– Appointments and personnel changes, problems of multiemployer plans and plan withdrawal, director nominee Gotbaum confirmation hearing, 423; action on withdrawal liability promised, 519
– Create Jobs and Save Benefits Act – Data Book 2009, claims by insolvent multiemployer plans, other data, 783 – Form 5500
– – Authority to collect information, request for 3-year extension, 873
– – Continued use, PBGC seeks OMB approval for ERISA reporting duties compliance, 578 – – EFAST2, wrong PIN most common mistake, 788 – – Schedule R, technical update, clarifies instructions, limited reporting relief for 2009 plan year, 460; text, 483 – Insolvent plans, help given to printing industry and marble polishers' pension funds to avoid insolvency, 424 – Multiemployer plan data collection, OMB approval sought, 1474 – Multiemployer plans
– – Notice and reporting requirements, comments sought, OMB approval of current rules extension needed, 1143
– – Short-term funding relief, administration may approve, future not bright for continuation, Borzi, 300; updating premiums to prevent further insolvencies, Senate hearing, 423 – – Viability, eliminating duplicative reporting and establishing shared database, could improve, GAO report, 1167 – Preserve Benefits and Jobs Act – Year-end deficit, 2009 annual report, 302
– Underfunded plans, most contractor multiemployer plans facing Nov. statutory deadline to correct, congressional relief, 519
– Actuaries, no negligence or malpractice by actuary due to flawed source data (N.D. Ohio), 765
– Case summaries, 1374 – Defined benefit
– – Funding, administration letter to Congress endorsing, importance of temporary relief, Borzi, 234; administration letter to Congress endorsing importance of temporary relief, employers criticize some conditions, 235
– – Unsustainable model, industry will work on any serious proposal to limit exposure but new approach needed, AGC interview, 379
See ERISA
See FIDUCIARY DUTY
– 401(k) plans
See 401(k) PLANS
See INDIVIDUAL RETIREMENT ACCOUNTS (IRAs)
– Multiemployer – PBGC
– OSH Act violation, failure to instruct jury that violation of OSHA standards could prove negligence (Iowa App.), 1302
– Workers' compensation
See WORKERS' COMPENSATION; specific states
– Certification, IOM panel considers need for different approaches, charged with changing terms for non-respiratory equipment, 237
– Construction industry, OSHA directorate working on guidance directive, similar to shipyards, 1228 – Employer citations for violating rules, OSHA enforcement directive, 1574 – Exposure to hazards, OSHA authority to impose separate fines for each worker not trained, given respirator (D.C. Cir.), 231 – Fall protection, walking and working surfaces, OSHA proposed rule revision, 400 – Noise protection, OSHA considering requiring administrative or engineering controls instead of PPEs to cut exposure, 1020; OSHA extends comment period as requested, 1168; OSHA withdrawing proposal after criticism, looking for other avenues to address, Michaels, 1437 – Top violations cited by OSHA, FY2010, 1053
See OIL AND GAS
– Clean Energy Jobs and Oil Company Accountability Act
– Secondary boycotts
– Delinquent contributions, single employer, related firms jointly liable to IUOE benefit funds (E.D.N.Y.), 1583
– Legal identities, attribution of predecessor's citation history of fall protection violations (OSHRC), 1203
– Oil and gas
See OIL AND GAS
– Local 8, no secondary boycott in protesting at job sites that did business with nonunion contractor paying substandard wages, 313
– Local 16, concrete contractor failure to remit union dues or make benefit contributions, ULP (NLRB), 1370 – Local 200, drywall contractor recognition of UBC, union recognition pact, ULP (NLRB), 69 – Local 523, AGC of Wash. pact attained, 506; UBC pact ratified, 653 – Local 592, Phil. Gen. Bldg. Contractors' Ass'n pact attained, E. Pa. strike continues, 348 – Local 633, AGC of Minn. pact attained, 546 – Local 997, Detroit Edison, safety agreement on emissions control, 676 – St. Louis, national and local unions criticize UBC poaching work and members from other unions, rally, 527
– Private letter rulings
– Pa., state senate passes bill setting standards, barring unlicensed workers, 354
– C.F. Taffe, firing plumber for complaining to union about contractor using laborers for plumbing work, ULP (NLRB), 1150
– Mechanical – Plumbing & Heating Indus. benefit funds, contractor delinquent contributions, subscription pact, PPF Local 93 accord default (N.D. Ill.), 466 – Reem Plumbing, contractor is alter ego, liable to UA multiemployer plans (2d Cir.), 499 – Triple A Fire Protection, ULPs in bypassing union, stopping contributions and cutting wages, benefit funds owed delinquent contributions and back pay (NLRB), 51
– Cal., San Diego, injunction enforcing law barring parties' contributions to individuals, stay request (S.D. Cal.), 354; stay on contributions by political parties lifted (9th Cir.), 446; limitation on contributions upheld (S.D. Cal.), 885
– Electrical, lockout/tagout, and other violations, DOL Solicitor cites as example of enterprisewide cases, 1056
– NLRA rights, NLRB proposed rule, 1285
– OSHA FY2010 inspection plan, resources directed to high hazard workplaces with highest injury and illness rates, 1056
– ERISA
– – Cal., claims against former fund worker, used fund facilities to run own business during work hours (N.D. Cal.), 378
– – Minn., contractor counterclaims for excessive contributions barred (D.Minn.), 539 – IRCA, Legal Arizona Workers Act, law revoking licenses of businesses hiring undocumented workers, 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 bars preemption (oral arg), 1265 – LMRA and NLRA, IBEW violated state law, pressured bank to stop doing business (N.J. Super. Ct. App. Div.), 86 – LMRA, secondary boycotts
– – Hotel developer, UBC picketing, handbilling, and bannering, evidence of defamation damages (W.D. Wash.), 117; developer may pursue secondary boycott claim (dec), 932
– – UBC, contractor request to remand suit denied (S.D.N.Y.), 909
– – Chilling effect, Or. law bars worker discipline for missing mandatory meetings where employers views on unions expressed (D. Or.), 343
– – Contractor market recovery grant, Minn. claim for PPF threat to rescind barred (U.S., rev den), 5 – – Secondary boycotts, SMWIA banner and rat campaign, hospital claim for loss of business goodwill (Ohio Ct. App.), 185 – – State initiatives barring recognition of unions barred, NLRB, 1439
– Affirmative action
– Veteran Employment Transition Act
– Transfer, claims revived for involuntary transfer, not for discharge (6th Cir.), 793
– Travel time
See TRAVEL TIME
– Affordable Health Care for America Act
– Defined benefit plans, more time to fully fund plans, must satisfy complex rules to get relief, 566
– Funding relief, more than 800 U.S. firms benefit, multiemployer plans under stress, no bailout for public plans, 566; impact, Segal Co. report, 2010, 1513; calendar year plan sponsors must decide whether to accept in March, Am. Academy of Actuaries, 1515 – Multiemployer defined benefit plans, IRS guidance on funding relief, includes 2 options, 1193
– Appointments
See specific agencies
– Natl. Export Initiative, UA official appointed to President's Export Council, 612 – Reform Immigration for Am., bipartisan comprehensive immigration bill, White House meetings, Obama moving forward, 80; AFL-CIO and U.S. Chamber of Commerce clash, proposal for labor market commission, 82; Obama pledges to move on consensus overhaul bill, praises Schumer and Graham framework, 110; Reid and others publicly support reform, leaders drafting bill, 205; Pelosi says action welcome even if votes on energy and climate bill pushed back, 276
– Alaska, rule change would apply to truck drivers delivering to public works sites, 1495
– ARRA block grant program behind on spending and hiring goals, DOE audit, 753 – California
– – Appeals, request for review of state penalty for failure to pay untimely, constructive filing inapplicable (Cal. Ct. App.), 115
– – Folsom County, resolution amending prevailing wage standard by exempting payment on municipal contracts defeated, 1311 – – Hayward, red light camera work, applicability to state law, 831 – – Marina Heights, project on closed military base, prevailing wages duty for housing development (Cal. Ct. App.), 1403 – – Palo Alto, pilot study of impact of paying prevailing wages for municipal projects rejected, 91 – – San Diego, new hospital tower, contractor got state bond money, will pay prevailing wages, 675 – – San Francisco Bay area, wood framing firm charged (Cal. Super. Ct.), 60; 3.9M to settle charges, 829 – – Univ. of Cal., Davis, framing contractor ordered to pay damages and fines for failure to pay on housing project, 585 – Davis-Bacon Act
See DAVIS-BACON ACT
– Failure to pay and to keep hours records, electrical contractors debarred, 93 – False certifications on wage payments, Fort Campbell contractor to pay damages (M.D. Tenn.), 105; motion to alter or amend award untimely (rev den), 580 – Federal labor rule negatively impacting construction industry, ABC request to Issa, 1366; GOP caucus reiterates need to repeal as part of spending cuts, BCTD says cuts will hike costs, cut jobs, 1474; eliminating mandates restricting competition, set wages, job creation, BNA Interview, 1584 – H-1B visas, law firm disqualified for willfully violating program (DOL ALJ), 1294 – HIRE Act – Legislative and regulatory roundup, 1498 – Maintenance laborers and mechanics, HUD seeks OMB authority to continue data collection for adoption, 621 – Missouri
– – Criminal charges against contractor (Mo. Cir. Ct.), 832; deferred prosecution agreement reached, charge dropped if contractor compliant for 2 years, 1125
– – Public works project, back pay order, 831 – New York
– – N.Y.C., contractor pays record-setting damages, city debris removal contract, accord, 1585
– – Wage theft, contractor charged (N.Y. Town Justice Ct.), 884 – – Westchester County, violations on office renovation, underpayments recovered (N.Y. DOL), 1491
– – Franklin County
– – – Bd. of Commrs., baseball stadium, painting contractor disqualification (Ohio), 148; electrical contractor's claim over bidding dispute, 186; county ordered to reconsider bid, rejection for prevailing wage violations abused discretion, 315
– – – Public construction, bidding, prior prevailing wage infractions disqualify, 1586 – – Standing, ABC suit for bidding on contracts not bid on by members (Ohio Ct. App.), 1552 – – State public projects, governor reiterates intent to save state money, 1529 – RICO, mailing payroll records to unionized public works contractor for certification (D. Mass.), 1582 – State laws and developments
See specific states
– Weatherization
See WEATHERIZATION
– Disclosure of personal information
See DISCLOSURE
– Union internal election, OLMS subpoenas in investigation, no harm to members in disclosing members' names and phone number (D. Haw.), 300
– BLS report, October, 2010, 1148; Dec., 1398
– Immigration, increase attributed to immigrants, FRB report, 813
– Mass transit and highway projects, delays and worker productivity loss from traffic congestion, costs to contractors high, AGC report, 495
– Federal labor rule negatively impacting construction industry, ABC request to Issa, 1366; eliminating mandates restricting competition, set wages, job creation, BNA Interview, 1584
– High road contracting, AGC input, proposed oversight impediment to firms struggling for work, 334 – High road contracting proposals, no AGC imput, proposed oversight impediment to firms struggling to find work: ; ABC concerned about job creation proposals and oversight of road contracting, 335 – Ind., mandatory PLAs on state funded projects, bill proposal, 1526 – Iowa, former governor would rescind executive order mandating local government use for large projects if reelected, 630; executive order barring use on public works project issued, 1402; Cedar Rapids urged to reconsider convention center pact retroactively, 1556; Cedar Rapids to lose state funding for continuing to honor PLA, Finance Auth. letter, 1585 – Jurisdictional disputes, N.J. subcontractor assigned community center work to UBC instead of signatory SMWIA (D.N.J.), 241 – Keystone Gulf Coast Expansion Pipeline Project, PLA signed for U.S. portion, 869; PPF, IUOE, IBT, and LIUNA officials urge finishing environmental assessment, crossing Canadian border requires presidential permit, 1111; Sec'y of State urged to approve promptly to boost job creation, 1143; unions satisfied with response, considering labor and environmental concerns, 1236; House GOPs sent Clinton letter urging help in expediting approval, 1287; DOE report shows proposal helps cut U.S. dependent on Middle East oil, confusion over study conclusions, 1515; bipartisan group of House members urge Clinton approval, 1544 – Mandatory, AGC opposes, strikes may continue, Sandherr says, 379 – Mass., conflict of interest in UMass Boston project charged by nonunion contractors, 741 – Ohio, school facilities director promoted union hiring, OIG report, 740; director denies wrongdoing, investigation requested, 770 – Opposition, GOP leaders to put out governing agenda after recess to prevent, 532 – Pa., Lancaster County, mandatory use on county projects banned, 1490 – Rules hindering job growth, Issa releases comments, 1509 – State and local laws and projects
See specific states
– W. Va., Mingo County, TransGas Development Sys. chosen for coal to liquid fuel plant, letter of intent with BCTD, 1098 – Widespread long-term use, public and private projects, studies hard to conduct, mixed results of economic effects, CRS report, 640
– Surface transportation, numerous benefits but most popular form fails to address key problems, report, 1398
– ARRA
– Highways – Legislative and regulatory roundup, 1498 – Mo., law restricting public works projects to Mo. residents and residents of states without residency reuirements challenged (E.D. Mo.), 1001 – National Infrastructure Development Bank Act – Schools
See specific states
– Due process, award exceeding compensatory damages, failure to warn of health risks of asbestos exposure (Cal. Ct. App.), 1241
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