@LRToday Morning Round-Up: January 16, 2013

Workforce Fairness Institute Calls for Member Griffin to Step Down: Dave Boyer of the Washington Times reports that the Workforce Fairness Institute (WFI) has called for National Labor Relations Board Member Richard Griffin to resign from his post due to being named as a defendant in a lawsuit alleging union corruption. Prior to being named to the Board by President Obama, Member Griffin was employed as the general counsel of the International Union of Operating Engineers (IUOE). Fred Wszolek, a spokesman for the WFI, had this to say: 

"The recent complaint that names him as a defendant and details his role in an embezzlement scheme clearly makes him unsuited to serve as an unbiased arbiter deciding matters that significantly impact American workers and small businesses."

A Board spokesman declined comment, but Member Griffin's attorney has called the allegations "frivolous." We will certainly keep you posted as the case develops.

NYC Bus Drivers on Strike, Stranding Hundred Thousand Students: Lindsey Christ of NY1 reports that New York City school bus drivers represented by the Amalgamated Transit Union (ATU) have walked off  the job and are officially on strike. The drivers are demanding increased job protections from the City of New York.

“We’ve tried every option to avoid a strike, but our members feel that their back is to a wall and they must take a stand on this issue," Amalgamated Transit Union Local 1181 President Michael Cordiello said.

The move to strike effectively strands 150,000 students, forcing parents to make alternative arrangements. So far, schools have been handing out free Metro Cards, while the bus companies have been searching for replacement workers. The bus companies also have stated that they intend to file a complaint with the National Labor Relations Board in an effort to end the strike.

Unions Allege Workers at Corinthian Contractors Being UnderpaidPatricia Sullivan of the Washington Post reports that more than a dozen labor unions protested outside the Arlington, VA office of Corinthian Contractors, alleging that workers are not being paid federally required wages under the Davis-Bacon Act. The company, in a written statement, responded by arguing that the firm pays "at or above the prevailing wage on all federal contracts." 

The issue had already been brought to the attention of the National Labor Relations Board, which dismissed the claims as baseless. D.C. Water, who brought Corinthian Contractors onto the project, has also investigated the allegations and has found the company to be in compliance.

The American Jobs Act of 2011's Davis-Bacon and Project Labor Agreement Requirements

On September 13, 2011, Senate Majority Leader Harry Reid (D-NV) introduced President Obama’s “American Jobs Act of 2011” (S. 1549). The President has been on a barn-storming tour, urging passage of the bill as the nation’s unemployment rate remains north of nine percent. The Democratic National Committee has also launched a website to promote the proposed legislation – and a thorough summary of the bill's 155 pages can be found here.

The bill's introductory provisions include a standard requirement that all contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal government under the Act must pay Davis-Bacon prevailing wages.  Specifically, Section 5 reads:

SEC. 5. WAGE RATE AND EMPLOYMENT PROTECTION REQUIREMENTS.

(a) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.

(b) With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

(c) Projects as defined under title 49, United States Code, funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be subject to the requirements of section 5333(b) of title 49, United States Code.

Continue Reading...