mod 13

Question 1

Davis-Bacon Act of 1931

Answer 1

The Davis-Bacon Act, a federal law established in 1931, determines the worker wage rates (and fringe benefits) on federal construction and federally assisted projects. This law was designed to protect local wage rates and economies of each community. It is administered by the U.S. Department of labor and applies to contracts exceeding $2,000.

The Secretary of Labor establishes a schedule of wages for the same type of work done on similar projects that are performed in the same geographical area. Workers must be paid at least an equivalent wage to those in the schedule. Additionally, these workers must be paid in full weekly and at a rate of one and one-half for any work exceeding forty hours in a week.

Question 2

Pre-hire Agreements

Answer 2

Under the National Labor Relations Act (NLRA), labor contracts called pre-hire (or Section 8f) agreements allow the signing of construction contracts between employers and unions prior to hiring workers. The union also does not need to prove it represents the majority of employees involved prior to signing the contract.

This type of pre-hire agreement is unique to the construction industry and applies to either one specific project or geographical area.

Question 3

Hiring Halls

Answer 3

Under the National Labor Relations Act (NLRA), a labor agreements can require construction contractors to acquire their workers through union hiring halls. In this arrangement, the contractor must notify the union of job opportunities so it can refer qualified applicants. Bargaining agreements may specify a minimum experience requirement, length of prior employee service to the employer, or geographical requirements. Although an agreement may be in place, it is illegal for the employer to discriminate against non-union members in the hiring process.

Question 4

Secondary Boycotts

Answer 4

Secondary boycotts are currently prohibited by the National Labor Relations Act (NLRA). These occur after a primary boycott and when a union tries to pressure company A by forcing company B’s employees to stop doing business with or to stop using company A’s products. The most important type of secondary boycott in construction is the Common Situs Picketing.

Question 5

Common Situs Picketing

Answer 5

Common-situs picketing is an illegal construction site picketing due to grievances held by union workers against a single contractor or subcontractor on a project. In this situation, the other contractors and subcontractors are not involved or neutral. The union employees who have this grievance refuse to cross the picket line.

The National Labor Relations Act (NLRA) established the 1950 Moore Dry Dock tests to determine when a union may picket without committing an illegal secondary boycott.

1. Picketing may only occur during hours when the primary employer is on site.
2. Picketing is only allowed during normal business hours.
3. Picketers’ signs must clearly designate which employer with whom the union has a grievance.
4. Picketing must occur reasonable close to the employees’ work site.

Question 6

Prefabrication Clauses

Answer 6

A prefabrication clause is a “hot-cargo” provision that bans the use of prefabricated materials manufactured off-site and products that eliminate work done on permissible by the NLRA’s construction industry exemption provision.

The NLRB uses the “right-of-control test” to determine the legality of prefabrication clauses. If the architect-engineer or owner specifies a prefabricated product in the contract, the contractor is required to provide the materials necessary, and the union cannot refuse to handle or install the product.

Question 7

Jurisdictional Disputes

Answer 7

Jurisdictional disputes occur when there is a dispute between two unions regarding jurisdiction over a specific work on a construction job site. Unions typically claim proprietary rights over their crafts, and this is a continual source of contention among construction unions.

Question 8

Unfair Labor Practices

Answer 8

By Unions

By Employers

Question 9

Unfair Labor Practices by Unions

Answer 9

According the the National Labor Relations Act (NLRA), unfair labor practices (ULPs) by unions include:
To coerce or prevent employees from exercising their rights (section 7, Taft-Hartley Act) to join a union, to promote their labor organization, or to refrain in engaging in union or labor activities.
To coerce or restrain the employer in the selection of collective-bargaining representatives.
To cause employee discrimination due to discouragement or encouragement to join a labor organization. The discrimination includes wages, hours, or other conditions of employment. This also describes situations where employee union membership is denied or terminated due to causes other than negligence in paying union dues or initiation fees.
To refuse to bargain on behalf of a union member (employee) in good faith regarding wages, hours, or other employment related conditions.
To require employee members of the union to pay excessive or discriminatory membership fees per the National Labor Relations Act.
To require employers to pay for services not rendered by the employee - “feather bedding.”
To threaten to picket or picket an employer when: employees are represented by another union, it is within twelve months of a valid election, or when a NLRB election petition has not been filed within thirty days of the first picketing day.
To participate in, coerce, or encourage others to participate in boycott or strike activities
to force a person to cease doing business or using / dealing with products of another person.
to force an employer to deal with or bargain with a labor organization that does not legally represent its employees.
to force an employer to preferentially deal with a specific labor organization or craft over another unless the employer is not complying with a NLRB order or certification.

Question 10

Unfair Labor Practices by Employers

Answer 10

According the the National Labor Relations Act (NLRA), unfair labor practices (ULPs) by employers include:
To restrain, interfere with, or coerce the employees in exercising their rights protected by the NLRA, such as self-organization in collective bargaining or gaining other mutual assistance.
Interferes with a labor organization’s formation or administration, contributes financially, or provides the union other support.
Encourages or discourages employees from joining a union through discrimination.
Discharges / discriminates against employees who testify under the NLRA.
Refuses to bargain / negotiate with the employee representative regarding wages, hours, or other employment conditions in good faith.
Promises to not do business with or interact with products from another person or employer - “hot-cargo agreement.”

Question 11

the norris -laguardia act

Answer 11

strictly limit the power of the courts to issue injunctions against union activities in labor disputes and protect the rights of workers to strike and picket peaceably
also called anti -injunction act

Question 12

the national labor relations act

Answer 12

the protection of union organizing activity and the fostering of collective bargaining

also known as wagner act in 1935
labor-control legislation

Question 13

the labor management relations act

Answer 13

first federal statue that impose comphresive control upon the activities of organized labor.

commonly known as the taft-hartley act in 1947

Question 14

the labor-management reporting and disclosure act

Answer 14

this legislation established a code of conduct for unions, union officers, employers, and labor relation consultants.

amended the NLRA and taft hartley ACT

it forbid hot-cargo labor agreements

also known as landrum-griffin act in 1959

Question 15

hot-cargo agreement

Answer 15

in which an employer promises not to do business with or not to handle, use, transport, sell, or otherwise deal in the products of another person or employer, were forbid

Question 16

second boycotts

Answer 16

a union that is engage in a dispute with an employer, exhorts that firms customers and the general public to refrain from all dealings with that employer.
a form of second boycott is stus picketing

Question 17

jurisdictional dispute

Answer 17

arise when more than one union claims jurisdiction over a given item of work on a construction job site.
resolutions under taft-hartley Act:
NLRB will hear and determine a jurisdictional dispute if the parties have not agreed to voluntary procedure. must file an unfair labor practice charge

voluntary methods of settlement such as The Plan for Settlement of jurisdictional Disputes in the Construction Industry is under a Joint Administrative Committee(JAC)

Question 18

executive order 11246

Answer 18

applies to contracts and subcontract exceeding 10,000$ on federal and federally assisted construction projects.

prohibited from discriminating against any employee or applicant for employment because of race, color, religion, or national origin.

Question 19

the copeland act

Answer 19

in 193, punishable offense for employer to deprive anyone employed any portion of the compensation to which the employee is entitled.

is commonly known as anti-kickback law

Question 20

fair labor standards act

Answer 20

contains provisions relating to minimum wages, maximum hours, overtime pay, equal pay, and child-labor standards.

also known as the wage and hour law
amended by the Equal Pay Act of 1963

Question 21

The Hobbs Act

Answer 21

anti-rackteering act

Question 22

immigration reform and control act

Answer 22

in 1986, contains civil and crimnal penalties for employers who knowingly hire aliens who are not authorized to work in the US
employers must check that employees hired have documents which establish both identity and employment authorization

Question 23

americans with disabilities act (ADA)

Answer 23

in 1990, act extends extensive legal protection and remedies to persons with disabilities, or to persons who are defined as being disabled.

provisions; employers may not discriminate against any qualified individual with a disability

Question 24

Employee retirement income security act (ERISA)

Answer 24

a federal statue in 1974, the act set minimum standard for most volunterialt pension and private health plans in private industry, so as to provide protection for individuals in these plans

Question 25

The Federal Act that prohibited age discrimination in employment from the time it was first passed was the

Answer 25

Americans with Disabilities Act
	Civil Rights Act of 1964
	*None of these***
	Ageism & Disabled Anti-Discrimination Act
	Fair Labor Standards Act

Question 26

n terms of their collective bargaining with an employer group, a union has a prefabrication clause wherein the union will not handle prefabricated products and instead has the right to have this work done on site. The technical specifications for a project developed by the architect-engineer require the installation of prefabricated doors on the jobsite. In this case, due to their prefabrication clause the union can refuse to handle the prefabricated doors.

Answer 26

No, they have to handle them because they were part of the contract specifications by the architect-engineer/owner and not under the control of the contractor

Question 27

In construction if a general contractor is signatory to a union contract with the Carpenter’s Union, as an example, under a subcontracting clause, if the subject subcontractor is employing carpenters then these carpenters must also be members of the Carpenter’s Union.

Answer 27

true

Question 28

In construction if a general contractor is signatory to a union contract with the Carpenter’s Union, as an example, under a subcontracting clause, if the subject subcontractor is employing carpenters then these carpenters must also be members of the Carpenter’s Union.

Answer 28

Davis-Bacon Act

Question 29

According to your textbook, racketeering by unions against employers was made illegal by the Anti-Racketeering Act of 1946 which is also known as the

Answer 29

Hobbs Act