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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
SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU)
– Build America 2010, LIUNA launches multistate lobbying campaign for Senate support, 365
– Extension, administration opposes gas tax hike to fund, 665; LaHood reiterates other financing methods pay for reauthorization bill, 666 – Nev., Interstate 15 corridor, magnetic rail project, FRA mandated to use funds earmarked for environmental impact study to deploy, 273 – Surface Transportation Extension Act
– Successor employers
– Race and sex bias, assignments based on race, failure to promote blacks or women, and harassing complainant, EEOC accord (N.D. Ga.), 573
– Back pay awards, ripeness of IBB request to review retroactivity of remedies for refusing to hire organizers (2d Cir., rev den), 408
– Referral system run by contractor unlawfully interfered with IBEW campaign (NLRB), 867
– Mail fraud and embezzlement, design firm principals indicted, used benefit contributions for personal interests (M.D. Pa.), 375
See FALL PROTECTION
– California
– – L.A. Unified School Dist.
– – – Alarm installation, S. Cal. IBEW-NECA Pension Plan, issue of material fact of which IBEW pact applied (9th Cir.), 479
– – – Project stabilization with unions key in successful project, 189 – – – So. Cal. NECA pension fund, fiduciary breach, trustees invested plan assets in floating-rate note (S.D.N.Y.), 245 – – Riverside Community College, trustees approve PLA, 121 – FY2011 budget, Senate panel approves military funding and veterans affairs' spending, funds schools and housing worldwide, 645 – Ill., plan providing capital construction funding for expansion and renovation, Ill. Jobs Now program unveiled, 1068; ruling strikes 2009 laws creating revenue generation and spending to support public works, stay sought (Ill. App. Ct.), 1493 – Iowa, Waukee Cmty. Sch. Dist., indemnity, construction management firm reimbursement for payment to contractor's worker fall for manager's negligence (Iowa Ct. App.), 346 – Lafayette College, roofing worker fall during renovation, liability for injuries (Pa.), 1448 – Miami Univ., student housing, private subcontractor failed to pay prevailing wages, penalties due to workers (Ohio), 26 – Mich., Detroit, public schools working with BCTD locals on PLA for demolition and renovation work, 28; PLA attained, includes prevailing wages, gives hiring preference to city residents, 158 – Mo., masonry contractor failure to pay prevailing wages, back pay ordered, 1312 – Nev., Carson City, unions to appeal ruling letting school district install solar panels in schools, prevailing wages (Nev. Dist. Ct.), 1343 – New York
– – Fraud, strengthened state false claims law, investigations boosted, 1491
– – Plumbing and electrical work over $10K on public school buildings, only licensed personnel may perform, bill awaiting signature, 943; vetoed, 965 – – Port Chester, contractors charged with failure to pay prevailing wages on school and other public projects (N.Y. Crim. Ct.), 382 – – Prevailing wages, charter school not public entities, not required to pay laborers, workers, or mechanics (N.Y.), 1017
– – Barberton City Schools, no abuse of discretion in requiring prevailing wages in middle school construction project, 313
– – Cincinnati Public Schools, inclusion bidding plan focuses on subcontracting with smaller firms owned by minorities, 123 – – Union hiring, promotion by state facilities director, OIG report, 740; director denies wrongdoing, investigation requested, 770 – – Univ. of Akron, losing bidder gets costs of preparing proposal, state competitive bidding laws (Ohio), 672 – – Univ. of Toledo renovation projects, ABC has standing, prevailing wage complaint against non-member plumbing contractor work (Ohio Ct. App.), 1152 – Pa. and N.J., underpaying workers to evade payroll taxes and benefit contributions, demolition firm officials convicted (D. Del.), 75 – Pennsylvania
– – Cheyney Univ., using RFPs and not sealed bids, Pa. procurement code (Pa. Commmw. Ct.), 438
– – Slippery Rock Univ., state may award contract based on RFP if contracting officer explains why standard competitive sealed bids not preferable (Pa. Commw. Ct.), 1152 – – Streamlining Energy Efficiency for Schools Act – – Touro Coll., construction manager guilty plea, kickbacks from developer, wire fraud (S.D.N.Y.), 1038 – – Univ. of Cal., Davis, framing contractor ordered to pay damages and fines for failure to pay prevailing wages on housing project, 585 – – Univ. of Massachusetts
– – – Boston campus, conflict of interest in PLA charged by nonunion contractors, 741
– – – State competitive bidding law, long-term lease with developer to build and maintain student housing (Mass.), 442
– Construction, state and local projects
See specific states
– Specific educational institutions
– Antitrust, NLRA preempts contractor claim but complete preemption converts state complaint into federal one (S.D. Ill.), 205
– Area standard wages, OP&CMIA Local 8 may protest job sites that did business with nonunion contractor, 313 – Banners on public sidewalks
– – Outside secondary employers' businesses, no threat, coercion, or restraining (NLRB), 994
– – ULPs, banners do not violate NLRA (NLRB), 807; text of ruling, 839; banners on public sidewalk outside secondary employer business not coercive (NLRB), 1178 – Coercing employers to avoid nonunion subcontractors, steel erection firms get punitive damages from IW local (D. Mass.), 1062 – Flyers and leaflets at work site, hotel developer, UBC bannering, evidence of defamation damages (W.D. Wash.), 117; developer may pursue secondary boycott claim (dec), 932 – Preemption
– – Loss of business goodwill, NLRA bars Ohio claim for SMWIA banner and rat campaign (Ohio Ct. App.), 185
– – Pressuring bank to stop doing business, IBEW violated N.J. law (N.J. Super. Ct. App. Div.), 86 – – UBC, contractor request to remand suit denied (S.D.N.Y.), 909 – Reasonable cause, LIUNA refusal to sign highway and heavy construction pact with fencing contractor, NLRB injunction request (D. Minn.), 1063 – ULPs, drywall contractor's claims for tortious interference, trespass, and slander, NLRA preempts (W.D. Ky., recon), 1469
– Advisors
– Post-retirement plans other than pensions, FASB project to improve multiemployer plan participation disclosure, 103
– Madoff Investment Securities, investors denied relief by trustee charge scam (D.N.J.), 46; Ivy Asset Mgmt. and other entities tied to Ponzi scheme, fiduciary duty breach, 46; SIPC warns of website mimicking own to swindle investors defrauded by Madoff, 46; director of operations indicted for conspiracy, securities fraud, for role in covering up Ponzi scheme (S.D.N.Y.), 145; UBC Local 280 class action, fiduciary breach, merger with other plans invested with Madoff (W.D.N.Y.), 397; civil actions against back office staff, knowing participation, forfeiture of assets sought (S.D.N.Y.), 530; trustee sues entities owned by Madoff relatives to reclaim assets, 688; Beacon Associates to distribute assets to investors pro rata, valuation method approval, 690; $73M in Ponzi scheme deposits in Gibraltar, release of funds sought (Bankr. S.D.N.Y.), 819; Gibraltor seeks release of funds (Bankr. S.D.N.Y.), 819; IBT pension fund trustees' fiduciary breach claim for investing in reckless hedge fund (S.D.N.Y.), 998; DOL files suit against investment managers who had cause to question investments (S.D.N.Y.), 1054; DOL supports pension funds' claims that investment managers violated ERISA fiduciary duties (amicus briefs), 1141; issue of material fact as to status of Madoff's brother as culpable participant (D.N.J.), 1197; investor agrees to civil forfeiture of $625M in accord, available to victims, 1235
– Layoffs, vacancies, administrative assistant improperly bumped program analyst, reinstatement permissible despite pact ban (Mass. App. Ct.), 1039
– DBEs
– Assignments, promotions, and harassment, Ga. home builder pays damages, change practices, EEOC accord (N.D. Ga.), 573
– DBEs – Hiring, N.Y.C. pattern or practice of bias by hiring only men as bridge painters (S.D.N.Y.), 376; accord approval, 961 – Privity, female subcontractor standing to sue contractor, not part to pact with her firm (Minn.), 344 – Retaliation, sand and gravel firm firing woman for bias complaints as well as men who tried to help, EEOC accord (D. Colo.), 17 – Women in Apprenticeship and Nontraditional Occupations (WANTO), DOL grant program, 142
– Prima facie case, one action can create hostile environment, adequacy of triable fact (7th Cir.), 822
– Privity, female subcontractor standing to sue contractor, not part to pact with her firm (Minn.), 344 – Verbal and physical abuse of teenage women telemarketers, waterproofing firm pays damages, single enterprise for Title VII liability, EEOC (W.D.N.Y.), 347
– Davila Sheet Metal, OSHA cites, proposes fines after worker death from fall through roof opening, 1053
– Duct-ter Sheet Metal, SMWIA trust funds, delinquent contributions, default judgment (D. Hawaii), 1267 – Madison Area Mechanical and Sheet Metal Contractors Ass'n, PPF Local 601 strikes end pending pact ratification (Wis. Cir. Ct.), 705; ratified, 739 – Mazza Sheet Metal, union pension fund retained contributions of owner, ineligible to participate in pension plan (3d Cir.), 1300 – Nolte Sheet Metal, subcontractor request for review of state penalty for failure to pay prevailing wages untimely, constructive filing inapplicable (Cal. Ct. App.), 115 – Rules negatively impacting construction, specialty trade contractors oppose prevailing wage laws repeal, tax and burdensome safety rules relief, 1541
– Case summaries, 1374
– Local 2
– – Race bias, referral process with disparate impact on African Americans (W.D. Mo.), 87
– – Sheet Metal and Air Conditioning Contractors Natl. Ass'n, Kan. City Chapter pact ratified, 674 – Local 33, secondary boycott, NLRA preemption, hospital loss of business goodwill, banner and rat campaign (Ohio Ct. App.), 185 – Local 73, fine against UBC relinquished, interest in remaining work on Apple Store disclaimer (N.D. Ill.), 1539 – Local 88, roofing contractor refusal to provide jurisdictional provisions of Local 112 pact, ULP (NLRB), 1238 – Local 265, No. Ill. Sheet Metal and Air Conditioning Contractors Ass'n, pact attained, 584 – Local 293, delinquent contributions to benefit trust funds, default judgment against contractor (D. Hawaii), 1267 – Mass., training and licensing rules take effect but AGC suit for nonunion contractors continued (Mass. Super. Ct.), 27 – Natl. Pension Fund
– – Arbitration, contributing employer withdrawal liability, no MPPAA request (E.D. Va.), 440
– – Death benefits, finding deceased participant selected pension option that did not provide for beneficiaries not arbitrary or capricious (S.D.N.Y.), 933 – – Disqualifying employment, suspension of participant's early retirement benefits (W.D.N.Y.), 1301 – – Early retirement, abuse of discretion, refusing benefits to participant for disqualifying jobs (E.D. Ky.), 53 – – ERISA §403(c), fund retained contributions of business owner ineligible to participate (3d Cir.), 1300 – – Noncontributing employer, participant who performed sheet metal work for Chrysler after early retirement, benefit denial (E.D. Mich.), 1301 – – W.G. Heating, withdrawal liability, signatory to SMWIA pact filed for bankruptcy, ERISA suit, common ownership of alter ego (E.D. Va.), 1265
See ANTITRUST
– S.C. Port Auth., widow of crane operator checker, experts did not show feasibility of alternate design, compare costs, or failure to war users of blind spot (S.D. Ct. App.), 936
– Aker Philadelphia Shipyard, fair representation duty breach, IBB Local 19 refusal to grieve firing (E.D. Pa.), 409
– Nonunion contractors, wage gains, PAS quarterly survey, 2010, 1201
– Unemployment, main reason attributed to demand, fewer firms report problems, optimism for future, conference, 927 SMALL BUSINESS ADMINISTRATION (SBA)
– Maintenance and repair services, eligibility rules, award of Army maintenance contract to competing bidder (Fed. Cl.), 152
– Veterans Employment Act
– DBEs
– Hurricanes Katrina and Rita, DOD and USACE failed to monitor subcontracting of rebuilding contracts, small business involvement, 786 – Middle Class Tax Relief Act – PPACA, tax credit, IRS clarified, issues unresolved, 404 – Small Business and Infrastructure Jobs Tax Act
– RICO, fraudulent classification of painting and refinishing workers to evade taxes, mail and wire fraud (E.D. Mich.), 471
See generally ENERGY
– EFCA, ballot initiative preempting legislative proposals certified, 92; passed, 1127; review of initiatives passed, 1129; NLRB says NLRA preempts, 1439; Secret Ballot Protection Act, see LEGISLATION, FEDERAL, S 217; state lawyers inform NLRB of intent to defend state laws, 1475
– EFCA, ballot initiative preempting legislative proposals certified, 61; passed, 1127; review of initiatives passed, 1128; NLRB says NLRA preempts, 1439; Secret Ballot Protection Act, see LEGISLATION, FEDERAL, S 217
– Excise tax, bill to make easier for contractors on municipal projects to administer signed, 29
– Stadiums
– COBRA, continued health benefit coverage, untimely notice of divorce (3d Cir.), 468
– Husband-and-wife pension benefits, divorce decree does not qualify as waiver (W.D.N.Y.), 186
See HIRING
– Associational, IW Local 512 class action, multiemployer plan cut participants' banked hours to zero on withdrawal (D. Minn.), 184
– Nonroad engine emissions, jurisdiction over road builders' group claims, EPA rules let states regulate use and operation, appeal untimely (U.S., rev sought): ; (rev den), 963 – Nonroad engine emissions, road builders' group, Ohio regulation of use and operation, EPA rules, timeliness of appeal (U.S., rev sought), 505 – N.Y., AGC right to challenge public contracts law amendment, constitutionality of changing threshold amount, exempting PLAs (N.Y. Sup. Ct.), 1239 – Prevailing wages
– – Change in calculation without reference to voluntarily submitted wage data, ABC suit (D.N.M.), 116
– – Interested party, ABC suit for bidding on contracts not bid on by members (Ohio Ct. App.), 1552 – – Univ. of Toledo renovation projects, ABC may bring complaint against non-member plumbing contractor work (Ohio Ct. App.), 1152
– Actions
See specific states
– Community Engagement Initiative, local participation in decisionmaking, emergency response, hazardous waste cleanups, 405 – Highways – Pensions, massive funding crisis among public plans, suggestions for short-term solutions, 303; no bailout for public plans in new pension funding relief law, 566 – School construction
– Federal preemption
See PREEMPTION
– Legislative and regulatory roundup, 1498 – Specific states
See specific states
– ADA, injured iron worker's Calif. agency claim, EEOC work-sharing pact (9th Cir.), 1119
– Benefit fund contributions, flooring firm may not argue UBC pact unenforceable where no stay requested when fringe benefit contribution arbitration started (S.D.N.Y.), 681 – ERISA
– – Fiduciary breach, timeliness of derivative action for UBC pension and welfare plans (W.D.N.Y.), 1062
– – Life insurance, second wife claim for payment to new wife barred where not filed within contractual time limit (E.D. Pa.), 648
– Innovative Steel Erectors, contractor liability for steelworker fall, duty of care to subcontractor's workers (Cal., rev grant), 512
– Larkin Iron Works, RICO, mailing payroll records to unionized contractors to certify prevailing wage payments (D. Mass.), 1582 – OSHA standard, final rule, FHWA requirements, highway construction, 399; no jurisdiction over Steel Erectors Ass'n petition for review of directive (4th Cir.), 1569 – Reinforced and post-tensioned steel construction, new rulemaking, OSHA semiannual regulatory agenda, 1289 – Schuff Steel, ULP, out-of-state iron worker passed over for rehire after work suspension despite request, accord (NLRB), 462; appeal filed, 575 – Secondary boycott, appropriateness of punitive award, IW coerced steel fabricators into ceasing business with nonunion firms (D. Mass.), 1062 – Training materials, OSHA partnership with IW, revision, 82
– Am. Bridge Mfg., no recovery for failure to safely deliver steel beam to highway project after insurance carrier relased claims (E.D. Mich.), 964
– Am. Iron and Steel Inst., greenhouse gases, EPA rule for new and stationary sources (D.C. Cir.), 434
– Blue Green Alliance, environmental groups' legislative priorities for lame duck Congress, 1142
– Health Safety Environment Conf., no OSHA ergonomics rule planned, Michaels also addresses increased fines, 986 – International trade with China, deal to sell U.S. steel and wind turbine components, 729
– Grocery
See GROCERY STORES
– Aggregate Ind. Northeast, IBT strike against Mass. concrete firm ends, pact attained, 827
– Cal. highway and bridge projects, IUOE Local 12 spot strikes resulting from AGC contract dispute, 827 – Madison Area Mechanical and Sheet Metal Contractors Ass'n, PPF Local 601 strikes end pending pact ratification (Wis. Cir. Ct.), 705; ratified, 739 – Major work stoppages, BLS report, 2010, 1519 – Mid-Am. Reg'l Bargaining Ass'n, talks with IUOE Local 150 and LIUNA Dist. Council of Chicago, strike halts N. Ill. road, bridge, and building, 605; pact attained, strked ends, 639 – NW Ind. Contractors Ass'n, contractors endorse interim wage pact with IW Local 395 to avoid strike hostility, IUOE, IBT, LIUNA, UBC, and OP&CMIA honoring picket lines, 476; pact attained, strike ends, 506 – Sunbelt Rentals, IUOE Local 150 strike, bypassing union, presenting pact proposal directly, ULP, 431 – ULP, concrete firm claim against local for continuing action after pact ratified, failure to sign arbitrable (U.S., aff'd), 563; text, 590
– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.
– 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
– Hurricanes Katrina and Rita, DOD and USACE failed to monitor subcontracting of rebuilding contracts, small business involvement, 786 – Mass., payment terms for subcontractors on public projects, bill to resolve problems, 774 – Prevailing wages, private contractors who fail to pay, penalties due to workers, prime contractor must pay (Ohio), 26
– Drug abuse programs, non-bargaining unit employees' participation (Arb), 752
– Settlement, primary insurer reimbursement of excess insurer for accord in roof collapse fatality (Cal. Ct. App.), 55
– Alter ego, arbitrator authority, liability for hiring nonunion workers on Home Depot project (D.N.J.), 215
– Identity of workforce, elevator contractor was not successor, not bound to arbitrate disputes with IUEC (2d Cir.), 466 – Unpaid contributions, general contractor that bought assets of highway contractor may be liable (3d Cir.), 1444
See GROCERY STORES
– Alter ego, conditional notice to terminate previous CBA, employer not bound to successor pact and fringe benefit funds contributions (rev den), 961
– Antitrust, contractors employing IBEW Local 3 members excluded CWA contractors from N.Y. area telecommunications installation (rev den), 1149 – Hazardous waste, sandblasting military aircraft in masonry blocks, Ohio EPA requires permit (rev den), 505 – Legal Arizona Workers Act, law revoking licenses of businesses hiring undocumented workers, preemption, Solicitor Gen. (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 – NLRA
– – Preemption, contractor's Minn. claim for PPF threat to rescind market recovery grant barred (U.S., rev den), 5
– – ULPs, quorum required, validity of rulings by 2-member panel (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; 3 member panels have redecided cases on remand cases pending before ruling, Solomon, 1019 – Nonroad engine emissions, road builders' group standing. state regulation of use and operation, EPA rule, timeliness of appeal (rev sought), 505 – Sovereign acts defense, contractor right to recover added costs of AOC work restrictions, modernization project (GAO CAB), 583 – ULPs, concrete firm claim against local for continuing strike after pact ratified, failure to sign arbitrable (aff'd), 563; text, 590
– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.
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