WANTED: APPRENTICE STUDENTS!!
ABC APPRENTICESHIP CLASSES BEGIN SEPTEMBER 8, 2008 IN OMAHA AND LINCOLN
New classes offered in Omaha are Sheet Metal & Drywall
Call TODAY to enroll!
For further information call Theresa in Omaha at 344-4258 or Deb in Lincoln at 477-4451
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FIND OUT HOW MEMBERS RATE THE ABC INSTITUTE: Ninety-three percent of attendees at the 2007 ABC Institute, who responded to a survey, said they would recommend the two-day program to others. ABC invites all member business leaders, their management staff and chapter staff to discover why at the 2008 ABC Institute to be held November 12-13 at the Westin Hotel in Long Beach, Calif.
The 2008 ABC Institute will feature more than 60 sessions, including 20 sessions developed specifically for contractors. Participants will have the opportunity to learn how to become more effective in their leadership and management practices and grow their skill set within their specialty. Eighty-eight percent of those surveyed who attended last year’s program said the sessions helped improve their effectiveness at their company.
Click here to register online for the 2008 ABC Institute and come meet the 90 percent of last year’s attendees who said they will be returning.
GORSKI NOMINATED TO LEAD ABC IN 2009: ABC’s Nominating and Certification Committee, chaired by Immediate Past Chairman Dave Meyer, Aug. 13 nominated Jerry Gorski of Gorski Engineering, Inc., Collegeville, Pa., a member of ABC’s Southeast Pennsylvania chapter, to serve as national chairman of ABC in 2009. The committee also nominated James Elmer of James W. Elmer Construction Company, Spokane, Wash., a member of ABC’s Inland Pacific chapter, for the office of chairman-elect.
COURT ALLOWS LAWSUIT AGAINST UNION JOB TARGETING PROGRAM:The Minnesota Court of Appeals August 26 overturned a decision by a lower court and ruled that a nonunion employer may proceed with its lawsuit against a union claiming that use of a job targeting fund violated state law prohibiting interference with contracts.
The Pipefitters Union, Local 539 had promised MD Mechanical a subsidy for the project taken out of the union’s Market Recovery Program, a job targeting program that takes money from employee paychecks and places it in a special fund that is used to subsidize union contractors when bidding on projects against nonunion companies. When Local 539 discovered that the prime contractor had signed a contract with a nonunion employer, it threatened to withdraw the subsidy if the prime contractor continued to work with the nonunion employer on the project.
MPI brought a lawsuit against Local 539 citing that Minnesota law does not allow interference with a contract. However, a trial court dismissed the lawsuit based on the union’s claim that it was protected under national labor laws. On review, the Minnesota Court of Appeals overturned the dismissal and ruled to allow MPI to proceed with its lawsuit against Local 539.
JOB TARGETING UPDATE: On August 1, 2008, the United States Court of Appeals for the First Circuit issued a very important decision on the issue of union job targeting funds. The case involves a job targeting program created by the Ironworkers Union called the Market Recovery Program (MRP). The union targets certain construction projects and offers a subsidy to union contractors bidding on the project. When a union contractor wins a contract on a targeted project, the union and the contractor execute an agreement specifying the terms and the amount of the subsidy. The MRP is funded by money withheld by union contractors from the paychecks of union members. Five nonunion steel erection companies in New England filed a federal court lawsuit claiming that the MRP violated federal antitrust and labor laws. The federal district court granted summary judgment but the circuit court reversed and held that the union is not protected by the statutory labor exemption from the antitrust clause because the MRP is a “combination” between the union and a multi-employer association in violation of the law. The circuit court remanded the case to the federal district court to determine whether the union is nevertheless protected by the non-statutory labor exemption from antitrust laws. The circuit court ordered the district court to resolve the disputed issues concerning the collaboration between the union, the union contractors, and general contractors. The issue of job targeting funds has been hotly contested in many parts of the country and most job targeting funds have successfully defended those cases. As a consequence, this recent decision by the United States Court of Appeals for the First Circuit is very important and all construction industry employers should carefully watch for new developments in this area.
By Bill Harding, Chapter Attorney