SUMMARY TABLE OF CONTENTS
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1 SUMMARY TABLE OF CONTENTS About the Authors... v v Acknowledgments, Dedication, and Other Matters Redux... vii vii Preface... xi ix Detailed Table of Contents... xxi xvii Corrections to the... xli Chapter 1. Unique Employment and Legal Features of the Construction Industry Part I. Wage and Hour and Government Contract Laws in the Construction Industry Chapter 2. Wage and Hour Issues Chapter 3. The Davis-Bacon and Related Acts Chapter 4. Project Labor Agreements Chapter 5. Chapter 6. Chapter 7. Part II. Equal Employment Opportunity in the Construction Industry Equal Employment Opportunity: Generally Applicable Laws Equal Employment Opportunity Laws Applicable to Government Contractors, Subcontractors, and Federally Assisted Contracts Special Equal Opportunity Issues Associated With Hiring Halls and Apprenticeship Programs xi
2 xii Construction Industry Labor & Employment Law 2018 Cum. Supp. Chapter 8. Part III. Safety and Workers Compensation Laws in the Construction Industry Safety and the Occupational Safety and Health Act Chapter 9. Workers Compensation Issues Part IV. NLRA Concerns in the Construction Industry Part IV-A. NLRA: Background, History, and Technical Issues Chapter 10. Statutory Background of Special National Labor Relations Act Rules Chapter 11. Common-Situs Picketing Part IV-B. NLRA: Practical Application Issues Chapter 12. Union Organizing Chapter 13. Bargaining Unit Determinations and Voter Eligibility Rules Chapter 14. Collective Bargaining Chapter 15. Grievance Handling in the Construction Industry and Grievance Arbitration Chapter 16. Union Economic Weapons and Their Limitations Chapter 17. Employer Responses to Union Job Actions, Particularly Common- Situs Picketing and Other Demonstrations Chapter 18. Dual Shop Operations Chapter 19. Special Issues in Construction Associated With Union Job Stewards and Company Foremen Part V. Miscellaneous Issues in the Construction Industry Chapter 20. Union Hiring Hall and Job Referral Procedures
3 Summary Table of Contents xiii Chapter 21. Apprenticeship Programs Chapter 22. Job Targeting Chapter 23. Construction Labor Relations and the Antitrust Laws Part VI. Trust Fund and ERISA Concerns in the Construction Industry Chapter 24. Union Trust Fund Benefit Plans Chapter 25. Multiemployer Pension Withdrawal Liability Appendix 1. Appendix 2. Appendix 3. Appendix 4. Appendix 5. Appendix 6. Appendix 7. Appendices Separate Gate Signs Language for Common Construction Sites (Management Perspective)... A-3 Sample Letter to Union Regarding Notification of Separate Gates and/or Separate Hours (Management Perspective)... A-5 Sample Union Warning Letter, Picketing Instructions, Handbill, and Banner (Union Perspective)... A-7 Sample Adoption Agreement of Multiemployer Contract (Neutral Perspective)... A-15 Sample Me-Too Short Form Adoption Agreement With Changes to Union Association Agreement (Neutral Perspective)... A-17 Sample Section 9(a) Union Recognition Contract Terms (Neutral Perspective)... A-21 Sample Section 8(f) Union Recognition Contract Terms (Neutral Perspective)... A-23
4 xiv Construction Industry Labor & Employment Law 2018 Cum. Supp. Appendix 8. Appendix 9. Sample Policy Toward Striker Replacements (Management Perspective)... A-25 Sample Unfair Labor Practice Charges Against Union for Secondary Boycott Activities and/or Jurisdictional Dispute (Management Perspective)... A-27 Appendix 10. Sample Section 303 Secondary Boycott Lawsuit Against Union (Management Perspective)... A-29 Appendix 11. Sample State Court Injunction Action (Management Perspective)... A-51 Appendix 12. Sample Unfair Labor Practice Charges Against Union for Strike Misconduct Activities (Management Perspective)... A-63 Appendix 13. List of Questions Regarding Union Demonstrations (Neutral Perspective)... A-65 Appendix 14. Brief Explanation of Differences: Picketing, Handbilling, Bannering, etc. (Neutral Perspective)... A-67 Appendix 15. Sample Letter to Union Dealing With Contractors That Meet Area Standards (Management Perspective)... A-69 Appendix 16. Sample Legally Aggressive Letter to Union Regarding Union Demonstrations (Management Perspective)... A-71 Appendix 17. Sample Letter to Third Parties Adversely Affected by Union Demonstrations (Management Perspective)... A-73
5 Summary Table of Contents xv Appendix 18. What Unions Generally Can Do and Cannot Do in an Area Standards Campaign (Neutral Perspective)... A-77 Appendix 19. Sample Property Rights Agreement (Management Perspective)... A-79 Appendix 20. Outline of Strategy for Employers to Consider in Response to Union Demonstrations (Management Perspective)... A-81 Appendix 21. Sample Unfair Labor Practice Charges Against Employer for Dual Shop Alleged to be Single Employer or Alter Ego (Union Perspective)... A-85 Appendix 22. Union Requests for Information to Unionized Employer as to Relationship to Open Shop (Union Perspective)... A-87 Appendix 23. Administrative Service Agreement Between Non-Union Parent Company and Dual Shop Subsidiaries (Management Perspective)... A-93 Appendix 24. Sample Letter of Assent to Project Labor Agreement (Neutral Perspective)... A-99 Appendix 25. Sample Project-Only Agreement With Changes to Multiemployer Contract (Management Perspective)... A-101 Appendix 26. Sample Multiemployer Agreement as to Union Recognition (Neutral Perspective)... A-103 Appendix 27. Additional Protective Language for Employer to Consider Adding to Bargaining Agreement (Management Perspective)... A-105
6 xvi Construction Industry Labor & Employment Law 2018 Cum. Supp. Appendix 28. Sample Union Remittance Report (Sometimes Held to Bind Employer to Union Agreement) (Union Perspective)... A-107 Appendix 29. Employer Responses to Salting (Management Perspective)... A-109 Appendix 30. Agreement for Fluctuating Workweek Salary Basis (Management Perspective)... A-113 Appendix 31. ACORD Certificate of Liability Insurance Including Workers Compensation (Neutral Perspective) A-115 Appendix 32. Contractor Minimum Wage, Executive Order 13,658 (February 12, 2014)... A-117 Appendix 33. U.S. Department of Labor, Wage and Hour Division FLSA Poster... A-123 Appendix 34. U.S. Department of Labor, Wage and Hour Division Davis-Bacon Act Poster... A-125 Appendix 35. OFCCP: Steps to Achieve Utilization Goals... A-127 Appendix 36. Appendix B to Part Sample Invitation to Self-Identify... A-131 Appendix 37. Equal Opportunity for VEVRAA- Protected Veterans... A-135 Appendix 38. Sexual Discrimination Guidelines (Final Rule) Best Practices for Contractors [New Appendix] Appendix 39. U.S. Department of Labor, Wage and Hour Division, Worker Rights Under Executive Order 13,706 Poster: Paid Sick Leave for Federal Contractors [New Appendix] Table of Cases... C Index... I-1
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