Labor Law Presentation 2006 by HC11111013551

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									The Sherman
Antitrust Act
 of of 1890
What is it?
   The Sherman Antitrust Act of 1890, as amended, prohibits
    every contract, combination, or conspiracy in restraint of
    trade and allows for the imposition of substantial penalties
    for violations thereof.
   It finds its basis in Congress' constitutional power to
    regulate interstate commerce.
   It was designed to maintain economic liberty, and to
    eliminate restraints on trade and competition.
   It is essentially the main source of antitrust law in the
    United States today
Interpretation
    Under the Act, not all monopolies are
     illegal, only those which obtained
     monopoly power through the use of
     abusive strategies, such as predatory
     pricing.
    It is a Federal statute and as such has a scope
     limited by Constitutional constraints on the
     Federal government.
    History
   The Act was named after Senator John Sherman, who
    first proposed the Act to address growing concerns over
    the rapidly increasing prominence of large corporations,
    corporate trusts and business combinations in the late
    1800s.
   For more than a decade after its passage, the Sherman
    Act was invoked only rarely against industrial monopolies,
    and then not successfully, chiefly because of narrow
    judicial interpretations of what constitutes trade or
    commerce among states.
Enforcement
   The first vigorous enforcement of the Sherman
    Act occurred during the administration of
    President Theodore Roosevelt. As a result of his
    ―trust-busting‖ campaigns, the Sherman Act
    began to be invoked with some success, and in
    1904 the Supreme Court upheld the government
    in its suit for dissolution of the Northern Securities
    Company.
   President Taft further employed the act in 1911
    against the Standard Oil trust and the American
    Tobacco Company (some of the better known
    cases where the Sherman Act has been invoked).
Additional Support
    In 1914 Congress passed two legislative measures
     that provided support for the Sherman Act.
    One of these was the Clayton Antitrust Act, which
     elaborated on the general provisions of the Sherman
     Act.
    The other measure created the Federal Trade
     Commission, providing the government with an agency
     that had the power to investigate possible violations of
     antitrust legislation and issue orders forbidding unfair
     competition practices.
Recent History
   As a result of a suit filed in 1974 under the Sherman Antitrust Act,
    the American Telephone and Telegraph (AT&T) monopoly was
    broken up. AT&T was ordered to divest itself of its local telephone
    services, thereby creating what became known as the ―Baby Bells‖.
    These seven regional phone companies were responsible for
    providing local phone service while AT&T retained the long distance
    portion of the business. In recent years, many of the former Baby
    Bells have merged—with the approval of the Justice Department—
    strengthening their monopolistic grip on local services.
   By the 1990s, still a time of large corporate mergers, the FTC
    became more active in antitrust actions, and the Justice Dept. has
    recently pursued the Microsoft Corporation with limited impact.
      CLAYTON ACT OF 1914

FEDERAL LAWS RELATED TO CONSTRUCTION

               Presented by:
      Shanin Johnson & Edwin Perkins

                 November 14, 2006




                    BCN 5715
        Advanced Construction Labor Problems
            CLAYTON ACT OF 1914
FEDERAL LAWS RELATED TO CONSTRUCTION
Political Climate at Time of the Act’s Passage
 The Clayton Antitrust Act of 1914 was enacted to remedy
  deficiencies in antitrust laws created under the Sherman Act of
  1890 that allowed corporations to dissolve labor unions.

   Henry D. Clayton of Alabama was the driving force behind the
    reform legislation in the House of Representatives

   President Wilson wanted to address the public's concerns
    about dealing with giant corporations, yet didn‘t want to
    threaten confidence in the business community.
             CLAYTON ACT OF 1914
FEDERAL LAWS RELATED TO CONSTRUCTION
Purpose of the Act
 As markets found a way of circumventing the anti-trust act,
  monopolies and trusts began to develop again at the beginning
  of the century making it necessary to revise the law.

   The Clayton Act of 1914 was passed by congress as an
    amendment to clarify the Sherman Antitrust Act of 1890.

 A number    of business practices were prohibited, including:
          -Predatory price cutting
          -Price fixing
          -Ownership of stock in competing companies
          -Interlocking directorates (When the same individuals
                        serve as directors of competing companies)
             CLAYTON ACT OF 1914
FEDERAL LAWS RELATED TO CONSTRUCTION
Purpose of the Act
 The Clayton Act restricted the use of the injunction against
labor,
   and it legalized peaceful strikes, picketing, and boycotts

   The Clayton Act states that:
     "the labor of a human being is not commodity or article of commerce,"
     and provided further that nothing contained in the Federal antitrust
     laws ―shall be construed to forbid the existence and operation of
     labor...organizations... nor shall such organizations, or the members
     thereof, be held or construed to be illegal combinations or
     conspiracies in restraint of trade under the anti-trust laws.‖
             CLAYTON ACT OF 1914
FEDERAL LAWS RELATED TO CONSTRUCTION
Implications of the Act for Construction
 Opened up the market to more competition
 Strengthened the labor movement
 Reduced collusion


Tampa Electric Co. v. Nashville Coal Co. Et Al.
 A contract between the electric utility and a coal producer
required
  that all the coal the utility would require at one of its generating
plants
  over a 20-year period would come from that coal producer.

 Another coal producer challenged the contract under the
Clayton Act.

   While the District Court and Court of Appeals found that it was a
          CLAYTON ACT OF 1914
FEDERAL LAWS RELATED TO CONSTRUCTION
Current Status of the Law
 The Clayton Act was originally implemented to strengthen the
  Sherman Act.

 Although   the Clayton Act is still viable today, the interpretations
from
   the courts have changed the intent of the law over time.

 The necessity of the Clayton Act has not necessarily been
challenged;
  however, there has been controversy over the interpretations of
the
  courts.
Clayton Antitrust Act
      of 1914
       Matt Ruben
Political Climate at Time of Passage
   Sherman Antitrust Act of 1890
       anti-union tool, made signing a
        contract that restrains trade in
        interstate commerce a felony
   Labor/Management Wars
       such as the Pullman Strike
        Cases
   Progressive Era
       pushing for social justice,
        general equality and public
        safety
   Federal Trade Commission
       created to investigate unfair
        business practices
   World War I begins
Clayton Antitrust Act of 1914
sections concerning trade
   Section 2
       price discrimination is
        made illegal
   Section 3
       outlawed tying
        agreements
   Section 7
       outlawed monopoly
        creating mergers and
        acquisitions
Clayton Antitrust Act of 1914
sections concerning labor
   Section 6
       ―nothing contained in the antitrust laws shall be construed
        to forbid the existence and operation of labor, agricultural,
        or horticultural organizations‖
       legalizes labor unions whose powers and legality had
        been all but destroyed by the Sherman Antitrust Act.
   Section 16
       ―restricted the use of the injunction against labor, and it
        legalized peaceful strikes, picketing, and boycotts‖
       ―the labor of a human being is not a commodity or article
        of commerce‖
       gave unions a means to exert influence and strength by
        allowing them to strike.
Implications for Construction
   Helped correct the semi-unintended issues
    created by the Sherman Act
   Legalizes Labor Unions
   Legalizes Strikes, Pickets, and Boycotts
   Allows Labor Unions to a means of being
    Effective and gives Bargaining Power
Status of the Law
   Amended
       1936 provisions against unfair price cutting
       1950 provisions against inter-corporate stock holdings
   Building Block for subsequent labor laws
       Still very much in effect for sections 2,3,and 7 dealing with
        business. However its labor provisions have been
        eclipsed by subsequent acts which were built on the
        Clayton Act.
   Norris-LaGuardia Act of 1932
       cleared up the injunction issues
Railway Labor Act
     of 1926
 Unionization and Maintaining
         Commerce
Railway Labor Act Provisions

   The avoidance of interruptions to commerce and
    operations.
   The protection of employees rights to join a union.
   The independence of carriers and employees in
    matters of self organization and voting.
   The settlement of grievances and disputes with a
    government-appointed Board of Mediation an
    collective bargaining procedures.
Dispute Settlement
   Management is not allowed to change working
    conditions or wage rates, and the union is not
    permitted to strike or effect business operations
    in any negative economic occurrence.
   Management and union or employees must
    bargain in good faith.
Dispute Settlement Cont.
  Major and minor labor disputes are settled
   with collective bargaining procedures
   and involve revision of rates of pay,
   rules of the business, or working
   conditions.
● The bargaining process helps

  prevent strikes and
  commerce delay.
Davis-Bacon Act of 1931
   Also known as the ‗prevailing wage act‘
   All federal construction projects require contractors to pay the
    local wages for each trade.
   The Secretary of Labor determines the local prevailing wage.
    (These can now also be determined online at DOL website)
   Only applicable in the 50 states and the District of Columbia
    (however it can be applied to other areas under the scope of related acts.)
   Applies only to contracts over $2,000.
   President can suspend provisions for national emergencies
   The Comptroller General can pay directly to laborers from
    any accrued payments withheld under the terms of the
    contract any wages found to be due laborers
Davis-Bacon Act of 1931
                            Amendments
   Define broader area of coverage
   Further defines what ‗wages‘ (and it‘s associative terms) are
    to include:
             basic hourly rate of pay
             medical or hospital care
             pensions on retirement or death
             compensation for injuries or illness
             insurance for unemployment benefits, life insurance, disability and
              sickness insurance, or accident insurance
             vacation and holiday pay
             costs of apprenticeship
             other bona fide fringe benefits
   How to determine overtime pay
             Take higher rate- benefits laborer
Davis-Bacon Act of 1931
             Why did it come to pass?
   Many states were already enacting prevailing wage laws.
   Was passed during the Depression Era two years after the
    stock market crash when organized labor had been cut in
    half.
   Congressman Bacon and PA Senator Davis reacted to
    Alabama contractor winning bid on public project in NY by
    paying low wages thousands of transported unskilled
    workers who were mainly African American. Bacon and
    Davis saw it as a threat to local economy and initially was
    not intending to pass law to protect workers.
Davis-Bacon Act of 1931
                  Opponents say:
  • Increases clerical costs due to excess paperwork
  • Prevents small and minority owned contractors
  from bidding on federal contracts due to the
  complexity of tracking wages
  • US Chamber of Congress: a prime example of
  unfunded mandates and government waste
  • Wall Street Journal: cause of minority
  unemployment in the construction sector today
Davis-Bacon Act of 1931
                  Proponents say:
  • Preserves American standard of living
  • Contributes to continuation of skilled workforce
  • More productive workers  therefore higher
  wages does not increase project costs
  • Fair – Adherence to free market principles
  • Promotes minority hiring, training, and
  advancement
  • Healthy Communities
Norris-LaGuardia
  Act of 1932
    Tom Anderson
    Melanie Peck
The Norris-LaGuardia Act
   Became a law in 1932, also known as
    the Anti-Injunction Bill
   Brought about by the Great Depression
   Outlawed anti-labor injunctions or yellow-
    dog contracts
       Yellow-dog contracts prevent a worker from
        joining a labor union, as a condition of
        employment
The Norris-LaGuardia Act
   Prior to being passed, the employer had
    all the advantages
   Shifted power to the employee
   Norris-LaGuardia Act does not apply to
    state courts, only limits federal courts
   Key Sections of the Act are Sections 2, 4,
    and 7
The Norris-LaGuardia Act
   Section 2 is a declaration of public policy
   Section 4 lists a series of actions which
    Federal courts are flatly forbidden to
    enjoin
   Section 7 sets forth procedures that
    Federal courts must follow whenever
    they issue an injunction in a labor dispute
   Section 7 also allows for the issuance of
    a Temporary Restraining Order (TRO)
The Norris-LaGuardia Act
   The Supreme Court added an exception
    allowing an employer to seek injunctive
    relief against wildcat strikes
       Wildcat strikes are unauthorized work
        stoppages during a contract
   Under the Boy Market Exception, an
    employer can receive injunctive relief if
    they are willing to submit an underlying
    issue to arbitration
Conclusions
   A piece of the Labor Relations Acts
   Moved toward allowing U.S. workers to
    conduct lawful & peaceful strikes without
    fear of revenge
   Took power away from the Federal courts
   Had enormous impact on unions and their
    ability to express themselves
 National Industrial
Recovery Act of 1933
           ―The most important
          and far-reaching ever
             enacted by the
          American Congress‖ –
          Franklin D. Roosevelt
National Industrial Recovery Act
   Part of FDR‘s New Deal, passed on the June 16,
    1933
   This legislation authorized the President to
       Regulate businesses in the interests of promoting fair
        competition
       Supporting better pay wages and price of goods sold
       Creating jobs for unemployed workers
       Stimulating the economy to recover from the Great
        Depression
National Industrial Recovery Act
   The NIRA sanctioned, supported, and in some
    cases, enforced an alliance of industries
   The NIRA suspended Antitrust laws, and
    companies were required to write industry-wide
    "codes of fair competition" which
       Fixed prices and wages
       Established production quotas
       Imposed restrictions on entry of other companies into the
        alliances.
       Called for industrial self-regulation
National Industrial Recovery Act
   Firms that voluntarily
    complied could
    display the Blue
    Eagle
   These seals were a
    popular aspect of the
    act and represented
    businesses'
    cooperation with the
    government to
    rebuild the nation's
    economy.
National Industrial Recovery Act
   Broke down the Sherman AntiTrust Act, and allowed
    employees to organize and stated that they could not be
    required to join or refrain from joining a labor organization as
    a condition of employment
   The law created a National Recovery Administration (NRA),
    an executive agency exercising powers which Congress had
    delegated to it, to promote compliance on the part of
    corporations.
   The National Recovery Administration (NRA) led to the
    development of the Works Project Administration (WPA) and
    served as a precursor to the National Labor Relations Board
National Industrial Recovery Act
   People became disenchanted with the act when they started
    to see it have greater good for large corporations
   Title I of the NRA was overturned in May of 1935 after the
    A.L.A. Schechter Poultry Corp. v. United States
   At the time of its demise more than 700 industries had been
    codified, four million unemployed people had been absorbed
    into industrial jobs, and nearly 23 million workers were under
    codes, which meant it had worked and wasn‘t necessary any
    longer
   The second part of the act, the WPA was not over turned and
    allowed to stay
National Industrial Recovery Act


   Thank you
    and have a
    great day
The Buy American
   Act of 1933
      Brian Crum
   Chad J Westerberg
Climate at Inception
   Drafted by 72nd Congress
   Signed by Hoover March 3rd just days
    before FDR took over White House
   Designed to help spark economy and get
    nation out of the Depression
   Many countries were enacting similar type
    legislature
Purpose and Intent
   Preferential treatment to ‗domestic end
    products‘
   Requiring Federal Projects to use a
    percentage of American made products
   Ensure money spent by Government is being
    re-circulated in US
   Create and Protect American jobs
Modifications to Original
   1954 Executive Order 10582
       Clarification of unreasonable bid price
       6% including duties & 10% excluding
        transportation
   1979 Trade Agreement Act
       Reduced non-tariff barriers created by Buy
        American Act
       Minimize preferential treatment
Buy American Act & Construction
   3 Basis Affects on Construction

       Restricts Competition
       Re-circulation of American Funds
       Reliability
Buy American Act and Today
   Preferential treatment is still given to US
    companies to some degree
   With the TAA and the BAA it is often
    confusing for contractors and lawyers
    because of the wording and complexity
 National Labor
  Relations Act
(Wagner Act) 1935
   Kenneth R. Collins
    Franklin Horning
NLRA
   29 U.S.C. § 151 – 169
      § 151 intent of legislation
           Denial by employers of employees right to
            organize and accept collective bargaining
            leads to strikes and other forms of strife or
            unrest, which burdens commerce.
           Protection by law of employees right to
            organize and bargain collectively and safe
            guards commerce from injury, impairment and
            interruption.
           Declared policy of the United States to protect
            commerce via collective bargaining and
            workers freedom of organization and choosing
            representatives to negotiate terms of
NLRA
   Enabling Statute
      § 153 Creates a governing entity, NLRB.

           NLRB is composed of “ The Board” and
            “The General Counsel”, both by presidential
            appointment and senate confirmation.
           The General counsel prosecutes all alleged
            violations of the Act
           The Board oversees all petitions for union
            certification/decertification and reviews all
            ULP litigation that occurs in front of ALJ.
NLRA
   § 158 (a) Unfair Labor Practices (ULP)
   Employer acts include;
    interference with employees rights to organize and
    bargain collectively, interfere with formation of any
    labor organization, to discharge,discriminate, or
    refuse employment because of union affiliation, or to
    refuse to bargain collectively with a union.

   Labor acts include;
     Restraint or coercion of employees of the exercise of
     their rights, refusal to bargain collectively, encourage
     or induce a burden on commerce via strike or picket
     without certification by NLRB.
NLRA
   § 158 (c) Expression of views
   The expression of any views, argument, or opinion or the
   dissemination thereof, whether in written, printed,
   graphic, or visual form, shall not constitute or be
   evidence of an unfair labor practice under any of the
   provisions of this Act, is such expression contains no
   threat or reprisal or force of promise of benefit.
NLRA
   §158(d) Obligation to Bargain Collectively
   Collective Bargaining is mutual obligation of employer
   and representative of employees. The contract shall not
   terminate or be modified unless: written notice is served
   60 days prior to expiration of contract, offers to meet and
   confer with the other party, notifies Federal Mediation
   within 30 days of notice of existence of dispute and
   contract continues in full force and effect, without strike
   or lockout, for 60 days after such notice if given.
NLRA
   §158(f) Agreements covering employees in
   building construction industry
   It is not a ULP if employer in construction industry to
   make an agreement covering construction industry
   employees that: requires as a condition of employment
   membership in a union; requires employer to notify union
   of employment opportunities; specifies minimum training
   or experience as condition for employment.
NLRA
Recent Case Law
   Progressive Electric, Inc. v. NLRB and IBEW Local 265, 453
    F.3d 538 (U.S. App. Dis.Col. 2006)

   NLRB v. Commercial Cabinets, Inc., Creative Casework, Inc.,
    89 Fed. Appx. 511 (U.S. App. 6th Cir 2004)
Miller Act of 1935
    Charlotte Devier
     Ryan Dorsett
Purpose
   The Miller Act was passed in 1935 to protect
    taxpayers' dollars and to protect the rights of
    laborers, suppliers and subcontractors in the
    event a contractor fails to complete a federal
    public works project.
   Requires a contractor who is awarded a Federal
    construction contract in excess of $100,000 to
    furnish two surety bonds to the Government--a
    performance bond and a payment bond.
Performance Bonds
   The performance bond protects the Government in the event
    the prime contractor fails to perform its obligations under the
    contract.

   It assures that the contractor will complete the job and satisfy
    other obligations under the construction contract.

   The bond amount is normally 100 percent of the contract
    price.
Payment Bonds
   Protects the providers of material and labor on a job.

   Guarantees that the contractor will pay bills in accordance
    with the contract terms

    The terms of the Miller act state that the sum of the payment
    bond is equal to 50 percent of the contract price when the
    contract is less than $l-million and 40 percent when the
    contract is from 1-million to $5-million. Contracts in excess of
    $5-million require a payment bond in the amount of $2.5-
    million.
                       Amendments
   The Construction Industry Payment
    Protection Act of 1999
       Increased the amount of the payment bond equal to the contract
        price. Unless, contracting government entity documented
        impracticality
       Modernized methods of transmitting notices
       Requiring a third-party confirmation or receipt
       Void waivers of Miller Act payment bond protections prior to
        commencing work
MILLLER ACT OF
     1935
   Supriya Ghule
     Fall 2006
CONTENTS:
   INTRODUCTION
   HISTORY OF THE ACT
   BONDS AND SURETY
   CLAIMANTS AND BENEFICIARIES
   FILING A CLAIM
   WAIVERS
   AMENDMENTS
   LEGAL IMPLICATIONS
   CONCLUSION
INTRODUCTION:
   Contractors need to provide assurance to the Owner
    that their obligations will be fully met. This assurance
    can be provided with a Surety Bond.
   A Surety Bond satisfies both parties by guaranteeing
    timely project completion and the payment of bills at
    the most reasonable cost.
   SURETY: Contract surety bonds are three-party
    agreements in which the surety company guarantees
    the owner that the contractor will perform the contract.
MILLER ACT : HISTORY AND NEED
   Miller Act:
   Heard Act of 1894
   The Miller Act was passed in 1935; replaced Heard Act.
   NEED: Non-availability of the Mechanics’ Lien.
   Aim: to protect taxpayers' dollars and to protect the rights of
    laborers, suppliers and subcontractors in case a contractor fails
    to complete a federal public works project.
   REQUIREMENTS: A performance and payment bonds for any
    federal contract in excess of $100,000.
   The use of surety bonds makes it possible for contractors to bid
    on public construction projects under a competitive bid system.
WHAT IS THE MILLER ACT ? (contd)
   Little Miller Act:
   Many states in the U.S. have adapted the Miller Act for
    use at the state level. These state statutes may be
    referred to as, "Little Miller Acts."
   Vary from state-to state with respect to the scope of the
    public contracts, raise the threshold contract amount or
    revise the notice requirements.
PROVISIONS OF THE ACT:
   USED MAINLY FOR FEDERAL PROJECTS
   NON-AVAILABILITY OF MECHANICS’ LIEN
   PAYMENT BOND OF 50% FOR PROJECTS UNDER
    $ 1 Million
   PAYMENT BOND OF 40% OF CONTRACT AMT FOR
    PROJECTS BETWEEN $ 1 Million to $5 Million.
   PAYMENT BOND OF FIXED AMT OF $2.5 Million FOR ALL
    PROJECTS OF MORE THAN $5 Million VALUE.
REQUIREMENTS:

   A PERFORMANCE BOND: This should be for an amount
    that the contracting officer regards as adequate for the
    protection of the federal government.
   A PAYMENT BOND: This bond is for the protection of
    suppliers of labor and materials. The amount of the
    payment bond shall be equal to the total amount payable
    by the terms of the contract
   In any case, the amount of the payment bond shall not be
    less than the amount of the performance bond.
   Can be waived/reduced if the contracting officer
    determines that the amount stated is impractical.
BENEFICIARIES:

   FIRST-TIER CLAIMANTS:           SECOND-TIER CLAIMANTS:
   Subcontractors and              Subcontractors and
    Suppliers of material who        material suppliers who
    have direct contracts with       have contracts with a
    the prime contractor.            subcontractor.

   COMPENSABLE COSTS:              Anyone further down the
   Labor, Materials, Rental,        contract chain is
    Unused material, Change-         considered too remote and
    Order costs, Legal fees          cannot file a claim against
                                     a Miller Act payment bond
                                     posted by the GC.
WHILE FILING A CLAIM:
   NO NOTICE REQUIRED- IF the Sub has direct contract
    with General Contractor.
   SECOND-TIER CLAIMANT: provide notice to GC within 90
    days of the last date the claimant furnished labor or
    materials for the project.
   In case of both the FIRST and SECOND-TIER
    CLAIMANTS, suit must be filed no sooner than 90 days
    after the last labor and material were furnished and no
    later than ONE YEAR after that date.
WAIVERS FOR THE BOND:
   WAIVERS FOR BONDS FOR PROJECTS IN THE FOREIGN
    COUNTRIES
   WAIVERS FOR MILITARY CONTRACTS
   WAIVERS FOR TRANSPORTATION CONTRACTS
CURRENT STATUS OF THE LAW:

The Construction Industry Payment Protection Act of 1999 :
 Enhancement of Payment Bond Protection:
     Amount of the payment bond shall be equal to the total amount
    payable by the terms of the contract.
   Modernization of Delivery of Notice:
     Notices can be provided using electronic delivery options like fax,
    e-mails.
   Non-Waiver of Rights:
      Any waiver of the right to sue on the payment bond required by
    this act shall be void unless it is in writing, signed by the person
    whose right is waived, and executed after such person has first
    furnished labor or material for use in the performance of the
    contract
LEGAL PROBLEMS:
   NOTICE TO BE GIVEN WITHIN 90 DAYS OF FURNISHING
    THE LAST MATERIAL OR LABOR
   SUIT CANNOT BE FILED WITHIN 90 DAYS AFTER
    FURNISHING THE MATERIAL AND LABOR AND NO
    LATER THAN 1 YEAR
   LAWSUITS TO BE FILED IN FEDERAL COURTS
   VARIATIONS IN THE ACT FROM STATE-TO-STATE – Little
    Miller Act
CONCLUSION:
   1999 CHANGES TO MILLER ACT HAVE PROVED
    BENEFICIAL TO SUBS AND SUPPLIERS
   THE SUPPLIERS AND SUB-SUBS (BEYOND 2ND-TIER)
    WHO DO NOT HAVE DIRECT CONTRACTS CANNOT FILE
    CLAIMS
   FURTHER AMENDMENTS MAY FOCUS ON THIS ISSUE
   CASE-STUDIES:
   Lighting & Power Services, Inc V. Wayne M. Roberts
   United States ex rel. Raymond A. Bergen, Inc v.
    DeMatteo Construction Co.
Walsh-Healy Public Contracts Act of
              1936

                              Cardiff Shea
                               Mike Hilley
                               11-14-2006
 Walsh-Healy Act - OVERVIEW

• Passed in 1936 under President Roosevelt
• Regulates only contractors working for the government –
   • More applicable to manufacturing than construction

•Act guidelines:
   • Minimum Wage
   • In contracts worth more than $10,000 contractors have to prove
   they were manufacturers or regular dealers of the goods being
   bought
 Walsh-Healy Act - HISTORY

• Followed Davis Bacon Act of 1931, Preceded Fair Labor Standards
Act of 1938
• Allows the power of the government to contract and limit the power
of the labor institutions duty, thereby improving wages and working
conditions
• Government contractors should pay a minimum wage – determined
by the Secretary of Labor
• Observe the standard eight-hour day and the forty-hour work week
• Prohibited child and convict labor on government contracts
 Walsh-Healy Act - CONSTRUCTION IMPLICATIONS

•American Society of Safety Engineers helped with
revisions in 1964
•Minimum wage rates should also be paid to illegal aliens
•Could limit contractors on job opportunities
•Frequently cited in conjunction with the Davis Bacon Act
in labor wage conflicts
•Walsh-Healy inspectors used as OSHA inspectors
 Walsh-Healy Act – CONCLUSION

As governments face shrinking budgets, outsourcing labor
is common to reduce costs. Walsh-Healy and other
legislation attempts to protect labor with living wages and
fair practices.
• Costs are passes on to the owner
• Pro-labor legislation takes on duties otherwise left to
union organizers.
Walsh-Healy Public Contracts Act of 1936




         PEACE
Fair Labor Standards Act (FLSA)
       By:

                       Chad Kunkel


                          &
                       Carl McNutt
Synopsis
Establishes:
 Minimum wage
 Overtime pay
 Recordkeeping
 Child labor standards
Federal Minimum Wage:
   $4.75 per hour beginning October 1,
    1996
   $5.15 per hour beginning September 1,
    1997
Tip Credit:
   Employers of "tipped employees" must pay
    a cash wage of at least $2.13 per hour
Overtime Pay:
   At least 1½ times an employee's regular
    rate of pay for all hours worked over 40 in a
    workweek.
Child Labor:
   at least 16 years old to work in most non-farm
    jobs
   at least 18 to work in non-farm jobs declared
    hazardous by the Secretary of Labor
   Youths 14 and 15 years old may work outside
    school hours in various non-manufacturing, non-
    mining, non-hazardous jobs cont…
Child Labor Cont…
Youths 14 and 15 years old may work No more than –
 3 hours on a school day or 18 hours in a school week;
 8 hours on a non-school day or 40 hours in a non-school
  week

Note: Also, work may not begin before 7 a.m. or end after 7
  p.m., except from June 1 through Labor Day, when evening
  hours are extended to 9 p.m. Different rules apply in
  agricultural employment.
ENFORCEMENT:
   The Department of Labor may recover back
    wages for the employees that have been
    underpaid in violation of the law
   Violations may result in civil or criminal
    action
Fines:
   $11,000 per violation of child labor
    provisions
   $1,100 per violation of the minimum wage
    or overtime pay provisions
Note:
   Certain occupations and establishments
    are exempt from the minimum wage and/or
    overtime pay provisions.
   Where state law requires a higher minimum
    wage, the higher standard applies.
References:
http://www.dol.gov/esa/regs/compliance/whd/
  mwposter_PF.htm
Hobbs Anti-Racketeering
Act as redrafted in 1946

   John Brevard Begeman
Political Climate at Time of
Acts Passage
   The Cold War era (1946–1991) followed World War II allowed labor
    to alter its representation from radical to patriotic organizations that
    opposed communism.
   1934 National Labor Relations Act
   allowed U.S. workers to have legal rights to organize unions and to
    negotiate contracts with employers
   Taft-Hartley Act in1947 balanced both labor rights and
    management
   Post WWII=employment for skilled labor
   Unions negotiated labor contracts=wages increases, fringe benefits,
    reduced work hours, and improved working conditions, in substitute
    for less strikes and steady labor relations.
Purpose of Act
   Anti-Racketeering Act of 1934 = first use of
    federal authority to prosecute criminal acts of
    extortion affecting business
   unions concerned that the Act would be utilized
    for non violent protest = bill was amended
   Copeland Act amended by the Hobbs Act got rid
    of the immunity from aggressive behavior acted
    out on the authority of lawful objectives of
    authentic labor organizations
Purpose of Act
   1946 version of the Hobbs Act made clear that the
    statute banned, ―not all physical violence, but only
    physical violence in furtherance of a plan or
    purpose to engage in robbery or extortion.‖
   Extortion could be defined as gaining something
    such as money from someone by using illegal
    means of threats or persuasion.
   Hobbs Act needed to be amended to make a
    federal criminal law not allowing labor
    organization to use violence to achieve their
    goals.
Purpose of Act
   The Hobbs Act was a statute to go against
    racketeering in labor-management fights
   commonly used in cases involving violence
    with labor unions. 1946 law altered the old
    law in two ways: the addition of robbery
    with the omitting of intimidation in
    commercial disputes, and corruption
    directed at members of labor unions.
Implications of Act for Construction
   Decline in Union Membershipwant to
    disrupt (interrupt, bankrupt) to recapture
    share of const market
   Under the law their was a gap of
    uncertainty that allowed violence committed
    in furtherance of union objectives or an
    effort to promote appropriate collective
    bargaining demands
Current Status of Law
   Hobbs Act in 1951=Congress eliminated the wage exception under which
    ―union officials could extort wage increases‖ and clause was enacted
    freeing union violence from prosecution if the situation did not allow the
    ―rights of legitimate labor organizations in lawfully carrying out the
    legitimate objectives thereof.‖
   The U.S. Supreme Court's Enmons (1973) decision allowed union officials
    to assault employees, destroy property, and even kill them, and escape
    action under federal extortion laws as long as the aggression is withholding
    what the Supreme Court calls ―legitimate objectives‖ or ―lawful claim of
    property‖!!!! 9,372 acts violence 256 convicted
   This Supreme Court decision removed the Hobbs Act of its central purpose
    to criminalize extortion by union officials.
   Freedom from Union Violence Act of 2005=This Act amends the Hobbs Act
    to reinstate the success of prosecutions of cases of extortion and
    aggression during a labor dispute. union employees protected from
    harassment and hostility. . In the past the law was manipulated to hurt or
    even kill competitors, and this act will restrains the labor violence. Unions
    now can try to organize workers and open shop companies safely.
The Taft-Hartley
  Act of 1947

           Erik Anderson
     Patrick C. Suermann, P.E.
Overview
 Introduction
 Political Climate at the Time
 Current Status and Implications on
  Construction
 Conclusion
Introduction
   Taft-Hartley Act
       The Labor-Management Relations Act
   Sponsored by:
       Sen. Robert Taft
       Rep. Fred A. Hartley, Jr.
   Severely restricts activities and power of
    unions
   Described as the ―slave-labor bill‖
   Vetoed by President Truman, but House
    and Senate overrode the veto on June 23,
    1947
Political Climate at the time
 Fear   of Communist infiltration in unions
     Politically motivated or otherwise
 Union  membership achieved large
  growth
 Series of large-scale strikes
 Beginning of anti-union political climate
  after World War II by employers
     Implications on Construction and
              Current Status
   Prohibited jurisdictional strikes and
    secondary boycotts
   Declared that it did not extend protection to
    workers on wildcat strikes
   Outlawed the closed shop
   Permitted the union shop only on a vote of
    a majority of the employees

   Taft-Hartley Now:
Conclusions
   Faced fierce opposition amidst tenuous
    political climate at veto and subsequent
    ratification
   Amendments and adaptation through
    application have proven the law‘s strength
    and importance
   Serves to further the collective bargaining
    process when communication breaks down
    between employers and employees
Copeland Act
Anti-kickback Law


   Amber Edington
        Anti-kickback Law

   Introduction
   The Law
   History
   Job Targeting
   Conclusion
   References
             Anti-kickback Law
                      Introduction

   Enacted in 1934
   Amended in 1948
   Applies to all contractors & subcontractors performing on a
    federally funded or assisted contract of a public building or
    public work.
       Exception: contracts for which the only federal assistance is a
        loan guarantee.
   Prohibits “kick-backs” of pay
   Requires certified weekly payrolls
   Regulates payroll deductions from wages
   Includes reporting requirements intended to aid in Davis-
    Bacon Act enforcement and compliance
              Anti-kickback Law
                           The Law

   TITLE 18, U.S.C.
       Sec. 874. Kickbacks from public works employees
            "Whoever, by force, intimidation, or threat of procuring
             dismissal from employment, or by any other manner
             whatsoever induces any person employed in the
             construction, prosecution, completion or repair of any
             public building, public work, or building or work financed in
             whole or in part by loans or grants from the United States,
             to give up any part of the compensation to which he is
             entitled under his contract of employment, shall be fined
             not more than $5,000 or imprisoned not more than five
             years, or both.―
               Anti-kickback Law
                           The Law

   TITLE 40, U.S.C. (as amended)
       Sec. 276c, Regulations governing contractors and
        subcontractors
            "The Secretary of Labor shall make reasonable regulations
             for contractors and subcontractors engaged in the
             construction, prosecution, completion or repair of public
             buildings, public works or buildings or works financed in
             whole or in part by loans or grants from the United States,
             including a provision that each contractor and subcontractor
             shall furnish weekly a statement with respect to the wages
             paid each employee during the preceding week. Section
             1001 of Title 18 of the United States Code (Criminal Code
             and Criminal Procedure) shall apply to such statements."
                 Anti-kickback Law
                                    History
   Great Depression
   Presidents at the time Copeland Act was written
        Franklin D. Roosevelt : 1933-1945
              During time original act was written
        Harry S. Truman : 1945-1953
              During time when act was amended
   1930s
        Average salary: $1,368
        Unemployment rises to 25%
   1940s
        Average Salary $1,299
        Unemployed in 1940 - 8,120,000
   Works Projects Administration (1935-1943)
        Built many public buildings and roads
        Was the largest employer in the country
        Only unemployed people on relief were eligible for most of its jobs
        Hourly wages were the prevailing wages in the area
   World War II (1939-1945)
            Anti-kickback Law
                   Job Targeting

   Workers’ money going back into the pocket of union
    contractors to offset the high cost of union labor
   These programs have been found to be protected union
    activity in some circumstances under the National Labor
    Relations Act
   However, the collection of fees from workers on Davis
    Bacon Act projects and state prevailing wage work can be
    deemed illegal
   Prevailing wage laws guarantee that an employee is paid a
    wage rate mandated by law and no portion can be returned
    to a contractor
            Anti-kickback Law
                     Conclusion

   The Copeland “Anti-Kickback” Act generally prohibits federal
    contractors or subcontractors engaged in building
    construction or repair from inducing an employee to give up
    any part of the compensation to which he or she is entitled
    under his or her employment contract.
   The Act requires the above mentioned contractors and
    subcontractors to submit weekly statements of compliance.
   The Act also gives the above mentioned workers the right to
    receive pay on a weekly basis.
             Anti-kickback Law
                      References

   Kingwood College Library
       http://kclibrary.nhmccd.edu/decade40.html

   U.S. Department of Labor
       http://www.dol.gov/compliance/guide/kickback.htm

   U.S. General Accounting Office – Health,
    Education, and Human Services Division
       http://archive.gao.gov/paprpdf1/156886.pdf
Landrum-Griffin
  Act of 1959
       BCN 5715
   November 14, 2006
   Lhee, Sang Choon
Backgrounds
   Neither the Wagner of 1935 nor the Taft-Hartley
    Act of 1947 devoted much attention to internal
    union affairs
   Growth of the U.S. labor movement from a
    position of relative weakness in the early 1930s to
    one of relative strength by the 1950s led to
    greater public attention devoted to internal union
    practices
   Union membership grew from about 9 million in
    1941 to 17 million in the 1950s
Political Climate in 1958
   The 1958 elections produced a sweep for
    the Democrats in the Senate and House
   Unions vigorously backed candidates
    opposed to the right-to-work statutes
    present on many state ballots
   There was fear among the conservatives
    that the Labor Bosses would be running
    Congress
The Landrum-Griffin Act
   The Landrum-Griffin Act, officially known as the Labor
    Management Reporting and Disclosure Act, is the direct
    outgrowth of hearings of the McClellan Committee and
    was passed by the U.S. Congress in 1959
   Between 1957 and 1959, the McClellan committee held
    numerous hearings dealing with patterns of union
    behavior. The Committee uncovered evidences of
    collusion between dishonest employers and union
    officials, the use of violence by certain segments of
    labor leadership, and the diversion and misuse of labor
    union funds by high ranking officials
Purpose of the Act
   The Landrum-Griffin Act is concerned primarily
    with the internal practices of unions
       To protect union members from improper union conduct
       To eliminate arrangements between unions and employers
        that would deprive members of proper union representation
   The Act provided for the regulation of internal
    union affairs including the regulation and control
    of union funds
   The Act severely restricted Secondary boycotting
    and Organizational and Recognition Picketing
Implications of the Act for
Construction
   Right to Copies of Collective Bargaining
    Agreements (29 U.S.C. 414)
       The Landrum-Griffin Act gives construction workers using
        hiring-hall a right to obtain a copy of the contract and to
        have a copy of the hiring-hall rules and all the
        interpretations that flow from it
   The Landrum-Griffin Act permitted ―Prehire‖
    agreements in the construction industry
Current Status of the Law
   4 Amendments
   Currently, the Secretary of Labor enforces
    certain provisions of the Landrum-Griffin
    Act and has delegated that authority to the
    Office of Labor-Management Standards
    (OLMS) of the Department of Labor's
    Employment Standards Administration
Thank You…
By: Dustin Bass &
  James Marini
World War II
   Women joined the workforce more and
    more
   Responsibility of ―men‘s work‖ placed on
    women
   Female wages were lower than male
    wages
   No legislation against this practice
Equal Pay Act of 1963
   Enacted June 10, 1963
   An employee‘s wages shall not be based
    on sex as long as the following are equal:
       Skill level
       Performance level
       Responsibility
Is the Equal Pay Act working?
   Women earn 18% less on average than
    their male counterparts
   Getting better: No longer blatant
    exploitation as seen during WWII
Equal Pay in Construction
   ― In this EPA/Title VII case in the manufacturing
    industry, EEOC v. Bass Cabinet Manufacturing,
    Inc., the Commission alleged that Bass paid a
    female employee at rates less than the rates it
    paid male employees performing substantially
    equal work on the job. When the female employee
    was terminated, after 12 years of working for the
    company, she was one of four assistant foremen
    in the Face Frame Department. EEOC settled the
    case for $25,000 for the charging party.‖ (US
    Equal Employment Opportunity Commission,
    2003)
Equal Pay in Construction
   “EEOC v. R. E. Michel Company, Inc. - This EPA/Title VII
    case alleged that the company, a wholesaler of heating,
    ventilation and air conditioning equipment, paid its only
    female purchasing agent less than it paid its male purchasing
    agents and discharged her in retaliation for complaining
    about the unequal pay. The suit was resolved by consent
    decree providing the female purchasing agent with $200,000
    and permanently enjoining the company from engaging in
    sex discrimination and retaliation under Title VII and the
    Equal Pay Act.‖ (US Equal Employment Opportunity
    Commission, 2003)
Civil Rights Act of
       1964
      Kyle Galligar
     Josh Markowitz
Political Climate


   Failure of previous Civil Rights Acts
   Southern Democrats filibuster
   MLK non-violent protests in Birmingham
   Kennedy Assassination
   ―Act ended virtually, immediately and completely all
    forms of public segregation in the nation both North and
    South.‖
Purpose of the Act
   ―No person in the United States shall, on
    the ground of race, color, or national origin,
    be excluded from participation in, be denied
    the benefits of, or be subjected to
    discrimination under any program or activity
    receiving Federal Financial assistance.‖
Implications
   Labor unions and building construction
    corporations have been dealt the task of being
    indiscriminate toward race, gender, color, and
    sexual orientation.
   Revolutionized labor union membership practices.
   Example: St. Louis AFL-CIO construction council
    charged with discrimination of African American‘s
    issued injunction to stop secondary boycott on
    Subs employing African American‘s
Current Status
   The current status of the Civil Rights Act is
    vibrant and strong. The act has adopted
    many new characteristics.
   Amendments to the Act: Women‘s civil
    rights, Gay-Rights, and the Americans with
    Disabilities Act.
   OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970


                                Public Law 91-596
                                  84 STAT. 1590
                              91st Congress, S.2193
                               December 29, 1970,
                      as amended through January 1, 2004. (1)

                                        An Act

  To assure safe and healthful working conditions for working men and women; by
 authorizing enforcement of the standards developed under the Act; by assisting and
encouraging the States in their efforts to assure safe and healthful working conditions;
     by providing for research, information, education, and training in the field of
               occupational safety and health; and for other purposes.

 Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act may be cited as the "Occupational
                        Safety and Health Act of 1970.“ [1]



  1                                                                BCN 5715, Fall 2006
    OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970




      SEC. 2. Congressional Findings and Purpose


      (a) The Congress finds that personal injuries and illnesses arising out of
      work situations impose a substantial burden upon, and are a hindrance
      to, interstate commerce in terms of lost production, wage loss, medical
      expenses, and disability compensation payments.

      (b) The Congress declares it to be its purpose and policy, through the
      exercise of its powers to regulate commerce among the several States
      and with foreign nations and to provide for the general welfare, to assure
      so far as possible every working man and woman in the Nation safe and
      healthful working conditions and to preserve our human resources -- [1]




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       OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970

(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and
health hazards at their places of employment, and to stimulate employers and employees to institute new and
to perfect existing programs for providing safe and healthful working conditions;

(2) by providing that employers and employees have separate but dependent responsibilities and rights with
respect to achieving safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable
to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review
Commission for carrying out adjudicatory functions under the Act;

(4) by building upon advances already made through employer and employee initiative for providing safe and
healthful working conditions;

(5) by providing for research in the field of occupational safety and health, including the psychological factors
involved, and by developing innovative methods, techniques, and approaches for dealing with occupational
safety and health problems;

(6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work
in environmental conditions, and conducting other research relating to health problems, in recognition of the
fact that occupational health standards present problems often different from those involved in occupational
safety;

(7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished
health, functional capacity, or life expectancy as a result of his work experience;

   3                                                                                   BCN 5715, Fall 2006
        OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970




(8) by providing for training programs to increase the number and competence of personnel engaged in the field of
occupational safety and health; affecting the OSH Act since its passage in 1970 through January 1, 2004.

(9) by providing for the development and promulgation of occupational safety and health standards;

(10) by providing an effective enforcement program which shall include a prohibition against giving advance notice
of any inspection and sanctions for any individual violating this prohibition;
(11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their
occupational safety and health laws by providing grants to the States to assist in identifying their needs and
responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of
this Act, to improve the administration and enforcement of State occupational safety and health laws, and to
conduct experimental and demonstration projects in connection therewith;
(12) by providing for appropriate reporting procedures with respect to occupational safety and health which
procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational
safety and health problem;

(13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.




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    OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970




       •What is OSHA?

       •OSHA (The Occupational Safety and Health Act)

       •federal law

       •enacted to ensure that employers create a safe working environment

       •applies to all private employers - regardless of company size

       •many states have OSHA-type laws - often more strict than their
       national counterparts. [2]



5                                                              BCN 5715, Fall 2006
        OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970


                                              HISTORY

•Little is known about the safety of the American workplace before the industrial revolution.


• Industrial Revolution in the United States this is generally considered to be at about the time of the
Civil War. (1861-1865).


• Pre-industrial laborers faced possible injury from hand tools and animals.


• Industrial workers faced different risks as engines and machines became standard fixtures in the
work environment.


•We do not know if injury increased as a result of the industrial revolution.


•Industrialized America was a very dangerous place.


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    OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970




                                    HISTORY


Postwar Trends, 1945-1970
The economic boon and associated labor turnover during World War II
worsened work safety in nearly all areas of the economy, but after 1945
accidents again declined as long-term forces reasserted themselves (Table 4).
In addition, after World War II newly powerful labor unions played an
increasingly important role in work safety. In the 1960s however economic
expansion again led to rising injury rates and the resulting political pressures led
Congress to establish the Occupational Safety and Health Administration
(OSHA) and the Mine Safety and Health Administration in 1970. The continuing
problem of mine explosions also led to the foundation of the Mine Safety and
Health Administration (MSHA) that same year. The work of these agencies had
been controversial but on balance they have contributed to the continuing
reductions in work injuries after 1970.



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      OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970




                 IMPLICATIONS OF THE ACT FOR CONSTRUCTION



•Construction is the most dangerous industry (outside of fishing)

•The hazards and risks are very difficult to control in a constantly changing work environment.

•The two biggest safety hazards on site are falls from height and vehicles

•Other examples: (electricity and being buried while working in excavations)

•Main health hazards on site are asbestos, solvents, noise, and manual handling activities. [4]




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        OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970




                     IMPLICATIONS OF THE ACT FOR CONSTRUCTION
         •Falling from a height is the leading cause of injury in the construction industry.

         •slipping was found to be the major cause of falling from a height.

                                What can you do to prevent falls?
•A 3-step risk management approach
•identify, assess and control the risk of falls
•easier and more effective to protect against falls in design stage of the construction project.


  Step 1: Identify the hazards
  Any task that involves a fall hazard must be identified, for example:
  • Working near an unprotected edge or near an open hole, excavation, trench, lift well
  • Gaining access and working at an elevated level
  • Working on a fragile, slippery or potentially unstable surface
  • Working on a sloping surface on which it is difficult to maintain balance.




    9                                                                           BCN 5715, Fall 2006
     OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970


                IMPLICATIONS OF THE ACT FOR CONSTRUCTION
Step 2: Assess the risk
Assess the level of risk by considering the following factors:
• Height at which the task is being performed
• Type and condition of the supporting surface
• The nature of the task (eg. large tools or building materials being manually carried,
welding and oxy acetylene cutting involving restricted vision can increase the risk)
• The surface below the workers (eg. pile of building materials, vertical reinforced steel,
edge of a rubbish skip, unsheeted floor bearers and joists that could cause serious injury)
• New and inexperienced workers involved in the task;
• Lighting and weather conditions (eg. wind, rain)
• The duration of the task.


Step 3: Control the risk
Fall protection measures must be suited to the particular task and the severity of risk.
Generally, fall protection must be provided for anyone who could fall 1.8m or more. Control
measures are set out in order of the hierarchy of controls described below. Wherever it is
practicable to do so, controls at the top of the hierarchy must be implemented before
consideration is given to using lower order controls.


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     OCCUPATIONAL SAFETY and HEALTH ACT (Williams – Steiger Act) of 1970


               IMPLICATIONS OF THE ACT FOR CONSTRUCTION


Eliminate the hazard
Working on the ground is the most effective method of protecting workers from fall hazards.
For example:
• Pre-fabrication of wall frames and trusses
• Using tilt-up concrete construction


Isolate the hazard
Use physical barriers to protect workers from falls. For example:
• Install perimeter guardrailing, generally consisting of a top-rail at least 900mm above the
working surface, a mid-rail and a toeboard.
• Ensure that openings such as holes in floors are fenced off with secure barriers or covered
over with safety mesh or timber sheeting.
• Industrial safety nets and catch platforms can be used to prevent or reduce the severity of
an injury if a fall does occur.




11                                                                     BCN 5715, Fall 2006
Occupational Safety
 and Health Act of
      1970
          By:
     Greg Smith
    Will Kochenour
               Political Climate
   Richard Nixon President in Office when Act was
    created.
   Large amount of strikes in early 1970‘s involving
    railroad workers and postal workers.
   Strikes were caused by small checks and large
    amount of inflation.
       Inflation was a problem of the economy which started at
        the white house.
               The Focus of the Act
   Occupational Safety and Health Act created
    OSHA, Occupational Safety and Health
    Administration.
   Created to prevent work related injuries, illnesses
    and deaths.
       This is done by creating and regulating a set of rules and
        standards which are specific to certain areas of work.
       Construction Industry has own set of standards in which
        they need to follow.
   Have officials who regulate the standards with-in
    each of the industries.
                Impacts of OSHA
   Positive
       Promote jobsite safety
       Reduce insurance cost and EMR
       Promote camaraderie between workers
   Negative
       Time intensive training
       May be difficult to understand
      5 Most Common Fatalities
   Falls
   Electrocutions
   Vehicle Rollover
   Personnel run over by vehicle
   Excavation cave-ins
        Current Status of OSHA
   Continue to implement new standards as
    issues come up
   More emphasis continues to be placed on
    safety
   Up front training is being implemented
    throughout the construction industry
  Public Works
Employment Act of
      1977
   William Ryan Parrish
            &
    Shannon Stewart
Public Works Employment Act of
1977
    Authorized $4 billion in grants for local public works projects
    and required that 10 percent of the dollar volume of each
    grant be expended on materials and supplies from minority
    business enterprises (MBEs)

   Initially, MBEs were broadly defined to include minorities and
    women. Similar requirements are in common use on all
    public works projects, but the percentages may be different
    for MBEs and WBEs. The federal government currently
    refers to both groups as disadvantaged business enterprises
    (DBEs). These requirements are referred to as set-asides
    and continuing to experience considerable change.
Minority Business Enterprise
A Minority Business Enterprise (MBE) is defined as a business
     which is at least 51% owned, operated and controlled on a
     daily basis by one or more (in combination) American citizens
     of the following ethnic minority classifications:
   1. African American
   2. Asian American (includes Eastern Asiaians Americans
         (India etc. and western Asian Americans Japan Korea
         etc.)
   3. Hispanic American - not of the Iberian peninsula.
   4. Native American including Aleuts
MBE's can be self identified, but are typically certified by a city,
     state or federal agency. The predominant certifier for minority
     businesses is the National Minority Supplier Development
     Council with its 35-40 regional affiliates.
Women’s Business Enterprise
   To qualify as a Women's Business
    Enterprise, a firm must be 51 percent
    owned by qualifying minorities or women
    who:
   Possess expertise in the field
   Control the business enterprise
   Are U.S. citizens
DBE Certification
   To be certified as a DBE, a firm must be a small
    business owned and controlled by socially and
    economically        disadvantaged        individuals.
    Recipients get information about firms through on-
    site visits, personal interviews, reviews of licenses,
    stock ownership, equipment, bonding capacity,
    work completed, resume of principal owners,
    financial capacity, and type of work preferred.
DBE Certification
   The National Minority Supplier
    Development Council, Inc. is responsible for
    the majority of all DBE Certifications.
   The primary purpose of the council is to
    provide a direct link between corporate
    America and minority-owned businesses
National Minority Supplier
Development Council, Inc.
   Chartered in 1972 to provide increased procurement and
    business opportunities for minority businesses of all
    sizes.
   The NMSDC Network includes a National Office in New
    York and 39 regional councils across the country.
   3,500 corporate members throughout the network,
    including most of America's largest publicly-owned,
    privately-owned and foreign-owned companies, as well as
    universities, hospitals and other buying institutions.
   The regional councils certify and match more than 15,000
    minority owned businesses with member corporations
    which want to purchase goods and services.
The 1986 Immigration
 Reform and Control
     Act (IRCA)
    The first legislative attempt to
 comprehensively address the issue of
     unauthorized immigration.
Facts of 1986
   3 million undocumented migrants in the
    United States were granted amnesty .
   Of these three million, 2.3 million were
    Mexicans.
   LAW status was given to 1.7 million people.
The Political Context
   A link between stronger enforcement of
    immigration law, both at the border and inside
    the country, and legalization of the
    unauthorized immigrant population.
   A balance between strong enforcement and
    the rights of employers and workers.
   A compromise between a “generous”
    legalization and a “restrictive” one.
   Accommodation of the interests of agricultural
    producers.
Differences Between 1986 and
Today
   Larger and better-known undocumented
    population.
   Population has spread out.
   Application backlog grown.
   Changed structure of immigration
    administration.
   The wages of unskilled workers have fallen
    behind.
   The agricultural sector is no longer the major
    employer of undocumented migrants.
Today's Numbers
   550,000 unauthorized migrants arriving between
    2000 and 2005.
   More than 1.4 million unauthorized workers are
    employed in the construction industry.
   Accounting for about 12% of the industry work
    force.
   Unauthorized workers as a whole make up nearly
    5% of the U.S. labor force.
New Legislations
   S. 2611 Comprehensive Immigration
    Reform Act of 2006.
   H.R. 4437 Border Protection,
    Antiterrorism, and Illegal Immigration
    Control Act of 2005
Immigration Reform and
Control Act of 1986 Kuehmeier
                  Joe
                   Dereck Winning
Immigration (both legal and illegal) were on the
  rise in the United States. This trend was
  weakening Union Membership and taking work
  away from the Unions. The large flux of illegal
  aliens had to be addressed for the benefit of the
  American worker.
The Illegal Immigration and Control Act of
 1986 was signed into law by Ronald
 Reagan under a Democratic controlled
 house and Republican controlled Senate.




                  This Act is sometimes
                    referred to as, ―The
                    Failed Amnesty
                    Legislation of 1986.
The intention of the bill was to grant
 legal status to illegal aliens that
 could prove their presence in the
 U.S. for 5 years, would punish
 employers who had hired illegal
 workers, and finally secure our
 borders. Over 2.7 million were
 legalized.
Instead, fraudulent applications
  tainted the process, many
  employers continued their illicit
  hiring practices, and illegal
  immigration surged. The opposite
  of it original intentions.


  For every illegal alien granted amnesty
  under The immigration act, approximately
  4 new ones have since replaced them.
Today we are facing the same issue
  again in government. Millions of
  illegal aliens continue to cross our
  borders. Today illegal aliens make
  up nearly 5% of the labor force.
  20% of that population works in
  construction.
      NAFTA
North American Free Trade
       Agreement

       By Brandon Shore
POLITICAL CLIMATE
   Years of slow economy in the 80‘s with
    federal Gov. overspending.

   40 years of Democratic majority in House &
    Senate

   Proposed ―Contract with America‖ brought
    promise of reform.
     PURPOSE AND SCOPE
   Eliminate barriers to trade and facilitate the cross-border movement of
    goods and services between Mexico, Canada and the U.S.
   Promote conditions of fair competition in the free trade area;

   Substantially increase investment opportunities in the territories of the
    Parties;

   Provide adequate and effective protection and enforcement of intellectual
    property rights in each Party's territory;

   Create effective procedures for the implementation and application of this
    Agreement, for its joint administration and for the resolution of disputes; and

   Establish a framework for further trilateral, regional and multilateral
    cooperation to expand and enhance the benefits of this Agreement.
IMPLICATIONS OF NAFTA
   chapter 11 Investment Rules

       This extraordinary mechanism empowers private
        investors and corporations to sue NAFTA-
        signatory governments in special tribunals to
        obtain cash compensation for government
        policies or actions that investors believe violate
        their new rights under NAFTA
IMPLICATIONS OF NAFTA
   influence in increasing immigration from
    Mexico
       by enabling state-subsidized, lower-priced U.S.
        corn and apples and other products to compete
        ―freely‖ with Mexican goods.
   there is an abundance of cheap and illegal
    labor too tempting for some construction
    companies.
Current Status of NAFTA
   The same interests who initiated NAFTA
    are now pushing to expand it and lock in 34
    more countries in Latin America and the
    Caribbean through the proposed Free
    Trade Area of the Americas (FTAA)
Keep America Working Act
         2003
      Unemployment Insurance




   Courtney Jennings & Julie Williams
History Of Unemployment Insurance
(UI)




   First proposed in 1935 by President   Roosevelt
    as part of Social Security Act.
   Tremendous success in 20th century in reviving
    economy in regression.
     Reasoning for Proposed Legislation
   Changing economy from industrial to informational-based.
                                              I wrote the
    More part-time and non-traditional workers in the work force.
   Act has four main areas of improvement:       Keep
                                                America
      the restoration of insurance
                                             Working Act…
       eligibility in an evolving economy
      the encouragement of adequate

       compensation
      the insurance of solvency to

       prepare for recession
      the improvement of labor and

       workforce data.

                                                Rep. Jim McDermott
 Jim McDermott
  Mr. Sanders
   Mr. Owens
  Ms. Norton
   Mr. Nadler
DEMOCRATS
  Ms. Carson
 LIBERALS
   Mr. Evans
   Mr. Owens
DEMOCRATS
   Ms. Solis
   Mr. Stark
  Mr. Kucinich
   Mr. Lantos
    Ms. Lee
   Mr. Frank
    Key Provisions to the Keep America Working
    Act of 2003
   Title I – Allows compensation to:
      Individuals who are seeking part-time work

      Individuals who are seasonal employees

      Individuals who have become unemployed

       for the following reasons, deemed
       “good cause:”
           Sexual harassment

           Domestic abuse

           Inadequate childcare of children under 13

      Individuals who take an unpaid leave of absence during the
        first year after a child is born or adopted
   Title II
      Proposed a compensation threshold of 50% for unemployed
        individuals whose lost wage was equal to or less than the
        statewide average wage.
Key Provisions to the Keep America
Working Act of 2003
   Title III
       Provided states with incentives to maintain an UI trust fund sufficient
        to pay at least one year of unemployment benefits during a recession.
       Updated Extended Benefits triggers so that individuals automatically
        maintain extended compensation in times of high unemployment.
   Title IV
       Required states to measure the ease with which individuals can apply
        for compensation and redirects the funding of local administration of
        unemployment insurance to the federal government.
   Temporary, seasonal and part-time workers are eligible
    for unemployment insurance AND construction firms, in
    part, will have to pay for it.
   The more lenient eligibility requirements might have a
    larger impact on women in construction then men--firms
    must be more careful than ever not to allow sexual
    harassment in the work place and make sure they do not
    discriminate against women on the basis of these new
    UI requirements.
Keep America Working Act
Congressional Voting Results
    Act was originally introduced to the House of
     Representatives of the 107th Congress (HR
     4373), on April 16, 2002.
    It was reintroduced to the House of the 108th
     Congress (HR 1802) on April 11, 2003


          Thank you. We hope you
             enjoyed tonight’s
               presentation.
The Prompt
Payment Act
  By: Paul Wroblewski
       BCN 5715
Overview
   Ensures Payment in a timely manner
   Payment to be made within 30 Days of
    invoice
   Interest paid for funds not disbursed
     Government
 They became a secure source of
             income.
Lower bids due to a more confident
         base of bidders.
  Building Contractors


  Government provided a dependable source of
                     income.
 Small contractors could also bid on government
     contracts since payment was stable and
                   dependable.
Bids were ―customized‖ for government contracts.
 Improved relations
between Government
   and Contractors
Contractor was guaranteed payment
in a timely manner and government
 received lower and stronger bids.
   The Racketeering
Influenced and Corrupt
 Organizations (RICO)
      act of 1970
       18 U.S.C. § 1951




                          Ian Miller
RICO Act | History
   As labor began to organize in the 1930‘s
    the Mafia and other crime syndicates
    saught to ―get a piece of the pie.‖
   Labor unions were perfect fronts for the
    laundering of moonshine profits in the
    prohibition days.
   Labor unions, due to the lack of individual
    power, were easy to infiltrate and coerce.
RICO Act | History
   Many Laws were passed to curtail the
    influence of the mafia on Labor, but they
    were often ineffectual
   G. Robert Blakey drafted a law that would
    be wide enough to be applied to almost any
    organized crime yet not have to define what
    organized crime meant - The RICO Act.
RICO Act | The Law
   The Act does not make any act criminal
    that was already not made criminal, it
    instead concerns patterns of criminal
    behavior between individuals and
    organizations.
   The Racketeering Activities cover 8 State
    and 24 Federal felonies including:
          Restrictions on payments and loans to unions
          Embezzlement from union funds
          Forceful coercion (Duress)
RICO Act | Construction
   The RICO Act assures that organized crime can
    be purged from labor unions via litigation as well
    as the imposition of federal ―directors‖ to oversee
    the operations of ―fatally corrupt‖ unions.
   The Act seeks to make Unions pure democracies,
    free of coercion.
   The Act has been used to turn the Teamsters
    from one of the most corrupt organizations in the
    country, to one of the most freely democratic.
The Americans with
 Disabilities Act of
   1990 (ADA)
             by
     Barron van Houten
  BCN 5715 Advanced Labor
         Fall 2006
                Preface of the ADA
   Culmination of a series of acts beginning with The
    Rehabilitation Act of 1973.
   Social push for more tolerance and
    accommodation for those with disabilities.
   43 Million Americans with disabilities at time of
    ADA enactment.
   Signed into law July 26, 1990 by President
    George Bush.
What is a disability under ADA?
   The term "disability" means, with respect to an
    individual:
   (A) a physical or mental impairment that
    substantially limits one or more of the major life
    activities of such individual;
   (B) a record of such an impairment; or
   (C) being regarded as having such an impairment.
              Components of the ADA
   Divided into five sections called Titles.
       Title I deals with employment;
       Title II deals with public service;
       Title III deals with public accommodations and
        services operated by private entities;
       Title IV deals with communications; and
       Title V deals with miscellaneous provisions.
           Current Status of the ADA
   Legislation remains intact as originally enacted.
   Many consider the act to be overbroad and in
    need of amendment.
   Anecdotal complaints about number of Americans
    now collecting disability payments due to the act
    as well as Workers‘ Compensation carriers not
    able to get injured employees back to work.
Americans With
Disabilities Act of
     1990


      Casey Kuykendall
Facts
    Title I took effect July 26, 1990
    Prohibits private employers, state and local
     governments, employment agencies and labor
     unions from discriminating against qualified
     individuals with disabilities in job application
     procedures, hiring, firing, advancement,
     compensation, job training, and other terms,
     conditions and privileges of employment.
What is considered a
disability?
     Has a physical or mental
      impairment that substantially
      limits one or more major life
      activities;
     Has a record of such an
      impairment; or
     Is regarded as having such an
      impairment.
What is considered reasonable
accommodations?
   Making existing facilities used by employees
    readily accessible to and usable by persons with
    disabilities.
   Job restructuring, modifying work schedules,
    reassignment to a vacant position;
   Acquiring or modifying equipment or devices,
    adjusting modifying examinations, training
    materials, or policies, and providing qualified
    readers or interpreters.
“Undue Hardship”
   An employer is required to make an
    accommodation to the known disability of a
    qualified applicant or employee if it would not
    impose an "undue hardship" on the operation of
    the employer's business.
   An action requiring significant difficulty or expense
    when considered in light of factors such as an
    employer's size, financial resources and the
    nature and structure of its operation.
    ADA and the Construction
    Industry
   Title III of the ADA authorizes the Department of
    Justice to certify that State laws, local building
    codes, or similar ordinances meet or exceed the
    ADA Standards for Accessible Design for new
    construction and alterations.
   Title III applies to public accommodations and
    commercial facilities, which include most private
    businesses and non-profit service providers.
Common ADA Errors and Omissions
   Error/Omission:
   No van accessible spaces are provided in the parking area.
   Result:
   A person who uses a van equipped with a wheelchair lift has
    inadequate space to lower the wheelchair lift and get out of
    the vehicle.
   Requirement:
   4.1.2 (5)(b) One in every eight accessible spaces, but not
    less than one, shall be served by an access aisle 96 in (2440
    mm) wide minimum and shall be designated "van accessible"
    as required by 4.6.4. The vertical clearance at such spaces
    shall comply with 4.6.5. All such spaces may be grouped on
    one level of a parking structure.
        www.usdoj.gov
   Error/Omission:
   Handrail extensions are not provided at the top and bottom
    risers.
   Result:
   People who use crutches or a cane or who have limited
    balance may fall at the top or bottom of the stairs because
    they have no railing to hold onto as they make the transition
    from the steps to the landing.
   Requirement:
   4.9.4(2) If handrails are not continuous, they shall extend at
    least 12 in (305 mm) beyond the top riser and at least 12 in
    (305 mm) plus the width of one tread beyond the bottom riser.
    At the top, the extension shall be parallel with the floor or
    ground surface. At the bottom, the handrail shall continue to
    slope for a distance of the width of one tread from the bottom
    riser; the remainder of the extension shall be horizontal (see
    Fig. 19(c) and (d)). Handrail extensions shall comply with 4.4.
                                              www.usdoj.gov
   Error/Omission:
   Toilet rooms with 6 or more toilet stalls lack a 36" wide
    "ambulatory" toilet stall.
   Result:
   Too few accessible stalls are provided for people with mobility
    disabilities. People who walk with crutches, a cane, a walker,
    or who have limited balance generally find it easier and safer
    to use a stall that has parallel grab bars.
   Requirement:
   4.22.4, 4.23.4 Water Closets. If toilet stalls are provided, then
    at least one shall be a standard toilet stall complying with
    4.17; where 6 or more stalls are provided, in addition to the
    stall complying with 4.17.3, at least one stall 36 in (915 mm)
    wide with an outward swinging, self-closing door and parallel
    grab bars complying with Fig. 30(d) and 4.26 shall be
    provided. Water closets in such stalls shall comply with 4.16.
    If water closets are not in stalls, then at least one shall comply
    with 4.16.
                                         www.usdoj.gov
ADA Today
 Progress has been made
 Unemployment for Americans with
  disabilities is near 70%
 Home ownership in single digits
 Internet access is half that of Americans
  without disabilities
http://www.access-
  board.gov/adaag/html/adaag.htm
http://www.usdoj.gov/crt/ada/certcode.htm
The Americans with
 Disabilities Act of
       1990
     Cynthia Tucker
The Americans with Disabilities Act of
               1990
   History
       Signed into law 1990
   Five titles associated with ADA
       1. Employment
       2. Public Services
       3. Public Accommodations
       4. Telecommunications
       5. Misc.
The Americans with Disabilities Act of
               1990
   Impact on the Construction Industry
       Title 1. Employment
            Job description and functions
       Title 3. Public Accommodations
            New construction
            Renovations
       Responsibilities
            Owners and Designers
The Americans with Disabilities Act of
               1990
   Jurisdiction and Enforcement

   Civil penalties
The Americans with Disabilities Act of
               1990
   Case studies



   Questions?

								
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