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 Membershipwant 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 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 --  2 BCN 5715, Fall 2006 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. 4 BCN 5715, Fall 2006 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.  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. 6 BCN 5715, Fall 2006 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. 7 BCN 5715, Fall 2006 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.  8 BCN 5715, Fall 2006 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. 10 BCN 5715, Fall 2006 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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