Construction Labor Report Index-Summary

UBC

See ELECTRICAL, RADIO, AND MACHINE WORKERS (UE)

ULPs

UNDOCUMENTED WORKERS

– Ariz., bill making failure to carry immigration papers state offense signed, 286; new measure alters language to bar solely considering race, color, or national origin in implementing signed, 321; language bars solely considering race, color, or national origin in implementing signed, 321
– 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

See EMPLOYMENT ELIGIBILITY VERIFICATION

– Employing, substandard wages, failure to withhold payroll taxes, N.Y. family construction officials charges, Fla. school project (S.D. Fla.), 497; president sentenced, 1292
– Financial crimes, drywall contractor guilty plea, hiring, underpayments, and insurance and tax evasion, sentenced (D. Alaska), 926
– Fla. Transp. Dep't, res judicata, contractor suit for pact breach after damages award for failure to get permits for night work (Fla. Dist. Ct.), 410
– Green card, redesigned permanent resident card, fraud easier to detect, 336
– Hazelton, Pa., injunction barring enforcement of ordinance regulating employment and housing for illegal aliens upheld (3d Cir.), 877
– Hiring eligibility

See EMPLOYMENT ELIGIBILITY VERIFICATION

– ICE enforcement

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Immigration status, Mexican citizen in U.S. unlawfully over 1 year, BIA change application rejected despite labor certification and visa approval (4th Cir.), 582
– INA, home construction firm pleads guilty to employing illegal aliens (D. Idaho), 901
– 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; 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
– LHWCA, undocumented worker working as pipe fitter at shipyard entitled to benefits despite immigration status (5th Cir.), 283
– Misclassification of workers, characterizations as immigration program untrue, policy solutions for alien workers will not reverify, panel, 1361
– Pa., bills targeting contractors for hiring to gain competitive advantages ready for floor votes, 251; bills penalizing contractors passed by House, 508
– Recruiting and hiring, N.C. carpentry firm owners indicted (E.D.N.C.), 1293
– Tax avoidance scheme, prison terms (S.D. Fla.), 832
– Using and misclassifying as independent contractors to cut labor costs, UBC and contractor class action (D.N.J.), 648
– Using shell companies to evade taxes, workers' compensation, Fla. concrete contractor and supervisor guilty pleas (S.D. Fla.), 532

UNEMPLOYMENT COMPENSATION

– DOL FY2011 budget, right-to-work groups object to extension, 108
– Jobs for Main Street Act

See LEGISLATION, FEDERAL, HR 2847

– Legislative and regulatory roundup, 1498
– State programs

See specific states

– Wage data, DOL needs authority to verify accuracy when processing claims, OIG semiannual report to Congress, 1232

UNEMPLOYMENT RATES

– Construction industry

– – BLS report, Feb., 2010, 45; Mar., 175; April, 433; May, 459; June, 606; July, 725; August, 814; Aug., 984; Oct., 1200; Nov., 1225; Dec., 1363; Jan., 2011, 1514
– – U.S. metropolitan areas, AGC report, 332; 1516

– Labor costs, nonfarm payroll, first half 2011, 1325
– Skilled labor, fewer firms report shortages, jobless due to demand shortage, optimism for future, conference, 927
– Veterans Employment Act

See LEGISLATION, FEDERAL, S 3234

UNFAIR LABOR PRACTICES (ULPs)

– Alter egos, N.Y. firms' noncompliance with Ironworkers pact (NLRB), 910
– Back pay and other monetary awards, NLRB General Counsel urges quarterly compounding more reflective of market realities than daily (amicus brief), 616
– Banners, work site signs proclaiming labor dispute not restraint or coercion of neutral employer (NLRB), 1507
– Bargaining duty

– – Bargaining order violation, contractor to bargain at least 16 hours per week until pact attained or lawful impasse (NLRB), 1522
– – Claims processing, union benefit funds contracted out without bargaining with new union, ULP (NLRB ALJ), 314

– Bargaining, pay hike, 401(k) contributions, reimbursement for safety glasses, or provide data, suit to enforce NLRB default judgment (10th Cir.), 1123
– Break-in-place policy, discharge for objections unlawful (NLRB), 875
– Bypassing union, stopping contributions and cutting wages, contractor owes benefit funds delinquent contributions and back pay (NLRB), 51
– Employee Free Choice Act proposal

See LEGISLATION, FEDERAL, HR 1409, S 560

– Failure to remit union dues or remit benefit contributions, Hunt-Nieboeer Constr., OPCMIA (NLRB), 1370
– First contracts, NLRB regional offices given greater authority to seek remedies, Acting Gen. counsel memo, 1570
– Jurisdictional disputes

See UNION JURISDICTION

– Mobility clause, illegality, earlier ruling affirmed by 3-member panel (NLRB), 820
– NLRB guidance to regions on handling 12 categories of cases, 181
– Organizing

See ORGANIZING

– Posting notices, employers and unions must distribute electronically where technology customarily used (NLRB), 1051; text, 1072
– Pre-hire pact, concrete installer signed LIUNA pact, unilateral repudiation, misrepresentation (7th Cir.), 243
– Preemption

See PREEMPTION

– Protected activity, plumber firing for complaining to union about contractor using laborers for plumbing work (NLRB), 1150
– Quorum required by NLRA, validity of rulings by 2-member panel (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; 3 member panels have redecided cases on remand cases pending before ruling, Solomon, 1019
– Recognition, drywall contractor's unlawful recognition of UBC

– – IUPAT suit, 3-member panel affirms earlier ruling (NLRB), 820
– – OP&CMIA recognition pact (NLRB), 69

– Recognition withheld after pact expiration, unilaterally changing terms and conditions of employment (NLRB), 1371; injunction request granted (N.D. Ind.), 1480
– Remedial notices, electronic posting, amicus briefs by interested parties filed with NLRB support, U.S. Chamber of Commerce opposes, 613
– Representation elections, Ontario, contractor improperly influenced worker vote, but no automatic certification (O.L.R.B.), 1589
– Salting, interference

See SALTING

– Secondary boycotts

See SECONDARY BOYCOTTS

– Travelers, out-of-state iron worker passed over for rehire after work suspension despite steel erector request, accord (NLRB), 462; appeal filed, 575
– UBC charge against LIUNA untimely (NLRB), 732
– Union affiliation, electrical contractor's ULPs in taking actions for UE ties (2d Cir.), 21

UNION DUES

– Keeping funds withheld UBC members, taking money meant for IUPAT benefit funds, owners charged (Pa. Dist. Ct.), 1561

UNION JURISDICTION

– Attorneys' fees awarded to LIUNA in suit against Brand Energy over scaffolding work awarded to other union (D.D.C.), 824; LIUNA ordered to reduce attorney's hourly rate, 1121
– Bridge caisson drilling, LIUNA suit over N.Y. work assigned to UBC (2nd Cir.), 792
– Can., Sarania, assigning highway electrical work to unions other than IBEW, established practices (OLRB), 1273
– Case summaries, 1374
– Demolition work, IW Local 40 claims PLA breach on 9/11 project, assigned to LIUNA Local 70 (S.D.N.Y.), 1552
– LIUNA, ruling against N.Y. contractor vacated (2nd Cir.), 821
– Los Angeles Sch. Dist. PLA, arbitration award requiring plastering assignment to OPCMIA vacated, workers selected UBC to represent (D.D.C.), 1036
– Ontario, SLN Aecon, SMWIA Local 473 jurisdiction to install negative air units at nuclear power plant project, not IBB (O.L.R.B.), 1355
– PLAs, SMWIA damages, contractor assigned roofing of N.J. community center to nonsignatory UBC local (D.N.J.), 85; subcontractor damages for lost work, 241
– Signalized traffic control systems, Ohio Contractors Assn. heavy highway pact, dispute between IBEW and LIUNA (NLRB), 242
– Traffic control devices, LIUNA Local 1184 entitled to perform Cal. county worker, preference, current assignment and past practice (NLRB), 377
– UBC raiding, AFL-CIO BCTD strategic effort to address, 781
– ULP, roofing contractor refusal to provide data to SMWIA Local 88 on Local 112 pact provisions (NLRB), 1238

UNIONS

– Affiliated unions

See specific unions or union groups

– Approval of Americans, Gallup poll, 759
– Closed shops, Pa. city council to pass bill allowing only union contractors to bid on public contracts, 1271; passed, 1309
– Elections, internal affairs, bargaining

See specific unions

– Employee Free Choice Act proposal

See LEGISLATION, FEDERAL, HR 1409, S 560

– Individual

See specific unions

– Representation elections

See REPRESENTATION ELECTIONS

– Serving workers, labor must change strategies and approaches, opportunity to avoid demise of unions, IBT official, 427

UNITED ASSOCIATION (UA)

– Fire Sprinkler Incentive Act

See LEGISLATION, FEDERAL, HR 1194, S 2947

– Improper investment of funds in risky real estate bonds, DOL consent order requires restitution, suit filed against investment firm and owner (E.D. Va.), 1260
– Local 1, Reem Plumbing, plumbing and construction contractor are alter egos, liable to union multiemployer plans (2d Cir.), 499
– Local 12, Greater Boston Plumbing Heating and Cooling Contractors, pact ratified, 827
– Local 93 benefit funds, delinquent contributions, subscription pact with Contractors' Ass'n, accord default (N.D. Ill.), 466
– Local 200 Pension Fund, pension benefits of business owner suspended, $300K salary after retirement (2d Cir.), 1300
– Local 211, business agent, LMRDA violation in putting into trusteeship and adopting bylaws, no personal harm (S.D. Tex.), 539
– Local 412, Mechanical Contractors Ass'n of N.M. pact ratified, 126
– Local 539, Minn. claim for union threat to rescind contractor market recovery grant preempted (U.S., rev den), 5
– Local 562, alter ego of defunct firm, liability for delinquent benefit contributions (E.D. Mo.), 651
– Local 601, Madison Area Mechanical and Sheet Metal Contractors Ass'n strikes end pending pact ratification (Wis. Cir. Ct.), 705; ratified, 739
– Local 669, ULPs in bypassing union, stopping contributions and cutting wages, contractor owes benefit funds delinquent contributions and back pay (NLRB), 51
– Local 671, Detroit Edison, safety agreement on emissions control, 676
– Local 676, motion to enjoin merger with Local 669 denied (D. Conn.), 908
– Local 776, Jack's Heating, Air Conditioning, and Plumbing, subcontractor on Ohio public safety and security center, prevailing wages (Ohio App. Ct.), 1446
– Natl. Export Initiative, Hite appointed to President's Export Council, 612
– Road Sprinkler Fitters Local 669, fiduciary breach, sprinkler firm used contributions to pay off creditors, fire protection company formed by owner's son, alter ego (S.D. Ohio), 343
– Water Protection and Reinvestment Act

See LEGISLATION, FEDERAL, HR 3202

UNIVERSITIES

See EDUCATIONAL INSTITUTIONS
– Renovation and expansion

See SCHOOL CONSTRUCTION

USACE

See ARMY CORPS OF ENGINEERS (USACE)

USCIS

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

USDA

See AGRICULTURE DEPARTMENT (USDA)

USFS

See FOREST SERVICE (USFS)

UTAH

– E-Verify, liability protection for private firms, bill signed, 189
– Secret ballots, ballot initiative passed, effort to preclude EFCA, 1127; 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
– Worker misclassification, state senate bill approved, requires annual ownership status report to prevent, 1489; house approves bill targeting construction firms, senate must consider amendments, 1556

UTILITIES

– Cal., San Diego Gas and Electric, Powerlink, USFS approves construction and operation of high voltage transmission line over Natl. Forest, 623
– Central Ariz. Water Conservation Dist., water diversion system raised water levels of sand and gravel firm, governmental taking (U.S., rev den), 151
– Clean Energy Jobs and American Power Act

See LEGISLATION, FEDERAL, S 1733

– Detroit Edison, safety agreement on emissions control with Mich. OSHA and contractors, 676
– Edison Elec. Inst., suit challenging OSHA cranes and derricks standard (D.C. Cir.), 1086
– Green Retrofit Program, alternative energy sources to cut utility consumption, HUD data solicitation, 613
– Nuclear energy

See generally ENERGY

– Nuclear Innovation NA, BCTD PLAs for construction of nuclear plants signed, 206
– Pipe cleaning, most combined cycle gas power plants used flammable natural gas to blow out, caused Conn. explosion, survey, 403
– Power plants, CSHIB report on Conn. natural gas explosion, ASME code amendment ban, OSHA standard urged, 957
– Tex., El Paso Elec., white manager fired after fight with Hispanic human resources manager, national origin bias, jury award (Tex. Dist. Ct.), 1339

UTILITY WORKERS (UWU)

– Local 409, firing for unopened beer in company truck at job site, arbitrator reinstatement (D.N.J.), 1393

UWU

See UTILITY WORKERS (UWU)