Related Links: Text of Judge James Boasberg's May 14 opinion Business Groups Challenge New Rule NLRB Members Vote in Favor of Streamlining Union Election Process A federal judge has invalidated a new National Labor Relations Board rule that advocates say simplifies the process for workplace unionization elections, but opponents contend makes it harder for employers to prepare for those contests.In his May 14 decision, Judge James E. Boasberg of the U.S. District Court for the District of Columbia concluded that the NLRB did not have the necessary three-member quorum when it voted in December to approve the regulation. Boasberg did
Related Links: Odebrecht Helps Reopen Haiti Airport A new law signed on May 1 by Florida Gov. Rick Scott (R) banning state and local governments from hiring firms with business activity in Cuba or Syria has put Odebrecht in the spotlight over its work in the Caribbean nation.Set to take effect on July 1, the law faces potential legal action. Though Scott has since said the state would enforce the law, he also issued a signing statement that indicated congressional action would be required first. The governor cited the U.S. Supreme Court's decision in Crosby v. National Federal Trade Council,
Related Links: Engineering News Record The U.S. Supreme Court justices seemed to be skeptical of the federal government's view during the April 25 oral arguments in a closely watched case, Arizona v. United States.Although the case is limited to an examination of four provisions of an Arizona law granting state police broad powers to detain and arrest suspected illegal aliens, the ramifications of a ruling in favor of the state are broad, says Ana Avendaño, assistant to the president and director of immigration and community action at the AFL-CIO. A ruling upholding the provisions would give employers greater ability to
Trained as an accountant, Ed Littleton started his career with Arthur Andersen & Co. After a stint at an industrial contractor, he joined the big brokerage Willis, where he held various positions. Later, he became vice president of risk management for Skanska and then construction practice leader for Wachovia Insurance Services, Atlanta. With Balfour Beatty, where he has worked since 2006, Littleton is based in Dallas. We talked with him about his career, the trust between a client and a broker, and how Balfour Beatty manages its risks.What is your background, and how did you begin working as a risk
Related Links: Link to Supreme Court website with Sackett v. EPA ruling The U.S. Supreme Court, in a unanimous March 21 ruling, said that an Idaho couple could legally challenge an Environmental Protection Agency compliance order that told them to restore wetlands on property they had purchased to build a new home.Construction industry groups say the case is not only a win for landowners, but also for developers and construction firms. “It’s a victory for all people who develop land, not just the small mom and pops” says Tom Ward, vice president of legal advocacy for the National Association of
A state court has ordered the New York State Dept. of Transportation to cancel an interchange upgrade project already under way and rebid the job because the agency violated competitive bidding laws by requiring compliance with a project labor agreement or PLA.A state Supreme Court judge in Albany ruled on March 2 that including the labor pact was illegal in this case and "tainted" the bidding process by its inclusion. A state DOT statement says the agency is reviewing its options.At issue is a $72.4-million contract to upgrade an Orange County interchange that was awarded to joint-venture firm A. Servidone/B.
Suburban Maintenance Construction is suing the city of Cleveland after it rejected its $5.6-million bid to upgrade the home of the National Football League's Cleveland Browns.The firm, based in Cleveland, wants a court to void the contract, which went to the slightly higher $5.8-billion bid by Platform Cement of Mentor, and then award it to Suburban. Bryan Stucky, president of Cleveland-based Suburban, claims that none of the five bidders satisfied the city's goals for hiring firms owned by minorities or women. He says Platform Cement's paperwork showed that it had contacted just one minority-owned firm, which it planned to use
The A.M. Best Co. sharply lowered to "weak" from "excellent" First Sealord Surety's credit rating, and the surety's apparent financial troubles have created problems for at least one general contractor with a few subs in default.Big sureties such as Travelers and Liberty Mutual have remained profitable through the economic downturn by sticking to tight underwriting standards. First Sealord, based in Villanova, Pa., serves contractors whose bonded contract value averages $429,000. Surety industry executives predict increasing defaults by small subcontractors in 2012.Sean Murphy, vice president of construction operations for Coastal Construction Group, Miami, says his company has a few subcontractors in
Market Outlook AGC Sees 2012 Funds Up for Education, Down for Highway Construction contractors see a mixed picture for 2012, says a Jan. 23 Associated General Contractors survey of 1,300 members. About 34% of respondents foresee more demand for higher-education-related construction, but 40% say highway funding will fall and 38% say the dollar volume of public-buildings work will decline. Even so, 32% of firms say they plan to add jobs in 2012, and only 9% foresee layoffs. Last year, 37% said they cut payroll. AGC says the number of new positions "are likely to be modest at best." Most firms
The U.S. Supreme Court on Jan. 9 heard oral arguments in a wetlands case that could have ramifications for the construction industry.The case pits an Idaho couple, Chantell and Michael Sackett, who planned to build a new home on a tract they had bought, against the Environmental Protection Agency, which issued a compliance order directing the couple to restore wetlands on that property. As they listened to the arguments by each side, several of the justices appeared to be sympathetic toward the Sacketts.A ruling in favor of the Sacketts would undermine EPA’s ability to control pollution and the destruction of
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