Welcome to the March, 2014 Gregory Management & Consulting Services (GMCS) REGIONAL CONSTRUCTION INDUSTRY UPDATE. Recent media events have cast a seemingly dark shadow over an entire industry. In the process, it has misrepresented the vast majority of industry stakeholders and even sensationalized the allegations in some cases. GMCS does not support those that perpetrate any acts of violence, threats or coercion in any manner, shape or form within our industry. The GMCS business model was built on the philosophy of positive labor/management relations & industry collaboration; we will continue to work hard to develop and support our client base and to advance the industry throughout this very troubling time. We recognize that the alleged acts defined within the indictment are not representative of an entire industry. That is, an industry composed of an experienced subcontracting contractor community and the “Best Trained” and most “Highly Skilled” workforce available. We have made a conscious choice to allow our judicial system to pass final judgment in this case while we focus on how to move ahead from here, together, with both management and labor. In these moments, we must never fail to realize that we are an industry composed of the best contractors and the most highly skilled, educated and experienced workforce available. When we choose to work together, we can accomplish many great things. We are proud of our accomplishments and this industry; it is the built environment that we experience every day in our Philadelphia region and is a constant and permanent reminder of the great things that we can accomplish when we work together.
Our world and our industry is changing. Now, more than ever, we must focus on rallying around a central cause and interest. That is, creating opportunities for our contractor community and our employees while creating benefit and value for our region’s construction users. Over 75,000 people go to work every day throughout this region when those of us that have chosen to lead this industry do so without personal agenda and with the needs and interests of an entire industry defining our course and our actions. We can and we will succeed in these efforts and are looking forward accomplishing this worthy goal together and on behalf of an entire industry.
While the industry continues to experience the unfortunate effects of failed industry and labor relations, GMCS clients have been continuously updated on industry jurisdictional trends in the field and many have utilized our Contracted Labor & Industry Relations Services to successfully avoid these jurisdictional disputes, that both union and non-union contractors have experienced, over the last 18-24 months. As some within the industry continue to withdraw and publically struggle with redefining themselves, their image and their commitment to the industry, many industry stakeholders have been harmed in the process. Given the current slate of projects on the table at this time, perhaps it’s time that we start refocusing our efforts on the one thing that many organizations have built their success on, relationships. Collaboration, communication and relationships are the keys to our success. GMCS has successfully been providing Contracted Labor & Industry Relations Services to associations, contractors and construction users throughout these tumultuous and challenging times. Our client’s success comes as a result of GMCS’s unique experience and industry relationships that enable GMCS to collaborate and communicate throughout the industry and to generate and implement project solutions that simply work, often without costly legal fees and or embarrassing media coverage potentially harming your organization’s reputation.
Having successfully resolved hundreds of matters related to area collective bargaining agreements and contractors throughout the Philadelphia metropolitan, Lehigh Valley and the entire Mid-Atlantic region, GMCS has become the only recognized, educated, experienced and reliable source for labor & industry relation’s support. GMCS is a single, unbiased, industry provider of Labor & Industry Relation’s Support to the entire region assuring information sharing, professional, educated and experienced support to the entire industry along with centralized labor event tracking, data sharing and a vendor that serves each association & contractor, not just a single association’s board of directors. This is the most effective and equitable model in management side construction labor relations. Association members interested in receiving these valuable and informative support services through their associations should contact their board of directors and request a free consultation. Independent signatories are urged to contact Wayne Gregory directly at GMCS, wegregory@gregorymcs.com. All industry associations and contractors will benefit significantly by centralizing their labor Relations through GMCS.
GMCS provides neutral, contracted Association Management and Labor & Industry Relations support to many of our associations, contractors, facility owners and industry stakeholders. We are focused on facilitating communication and collaboration amongst our construction employer associations, constructors, facility owners, building trades and governmental bodies with an emphasis on creating a centralized, focused community that actively promotes labor harmony, industry advancement, contractor opportunities and workforce development. Please accept this informative newsletter containing relevant industry topics that can impact your associations and organizations. GMCS is always available to provide clarification or additional information on any of the topics contained within.
This month’s newsletter is comprised of the most popular postings over the last 30 days on gregorymcs.blogspot.com. They are listed by the following categories: INDUSTRY, LABOR, OSHA, MULTIEMPLOYER PENSION PLANS, HUMAN RESOURCES. Additional topics and subject matter may be found on the GMCS companion blog @ gregorymcs.blogspot.com. GMCS continues to track relevant industry legislation and provide summary updates on its companion blog. Associations and organizations that subscribe to the GMCS GLASS Reports receive timely updates to each piece of legislation impacting their organizations as they occur along with a listing of the bill’s primary and co-sponsors. GMCS provides an annual legislative affairs subscription service that monitors and reports on the daily activity of the PA General Assembly to Associations and organizations in all industries throughout the Commonwealth. This is accomplished through our specialized GLASS Report’s product. Current GLASS Report recipients include numerous commercial & residential contractor associations, labor organizations, transportation management associations and local & regional governmental bodies. Please contact GMCS @ wegregory@gregorymcs.com to discuss your organization’s needs and how you can benefit from this informative and essential service.
The Gregory Management & Consulting Services REGIONAL CONSTRUCTION INDUSTRY UPDATE is well into its second year of circulation. Between our companion blog at gregorymcs.blogspot.com and the newsletter, our monthly industry reach continues to reach thousands of industry professionals interested in discovering more about the latest Industry, Labor, OSHA, Defined Benefit Pension Plan and HR developments here in the regional construction marketplace and abroad. Sponsorship opportunities are being made available to local employer associations, industry stakeholders and contractors; interested firms should contact Wayne Gregory @ wegregory@gregorymcs.com for more information.
INDUSTRY:
Whiting-Turner Contracting Co. CEO Willard Hackerman has died:
While
not quite a widely established and recognized contractor here in the
Philadelphia region, like other more popular regional commercial builders, it
is only a matter of time.
Read
more here…
Philadelphia: State of Industry & Labor Relations in the Commercial Construction Sector:
A
brief summary of a recent report created by Gregory Management & Consulting
Services for a local owner, developer and contractor group here in the City of
Philadelphia:
2014
will find more projects, an industry moving past recovery and into growth mode;
concerns arise over an increasing demand on the skilled labor force, associated
cost increases and other factors that can impact 2014 / 2015 labor
negotiations.
Read
part one more here…
Read
a follow-up to part one more here…
Construction Firms Plan to Hire in 2014, Worry About Worker Shortages:
Most
construction contractors predict that the demand for construction services will
either grow or remain stable in virtually every market segment this year, and
many firms plan to start hiring again, according to AGC’s recently released
survey results conducted as part of Optimism Returns: The 2014 Construction
Industry Hiring and Business Outlook. The survey results reflect a
generally upbeat outlook for the year, even as firms worry about growing worker
shortages, rising costs, and the impact of new regulations and federal budget
cutting.
Read
more here…
Five construction/engineering firm teams apply for Pennsylvania Rapid
Bridge Replacement Project, a project to replace up to 500 of the state's
structurally deficient bridges, under a P3 relationship:
PennDOT
announced today that five teams have expressed interest in the department's
Rapid Bridge Replacement Project, a project to replace up to 500 of the state's
structurally deficient bridges.
The
list includes some of the biggest construction and engineering firms in the
country. Wagman Companies of York County is part of the Pennsylvania Crossings
team.
Read
more here…
Ironworkers charged in racketeering
conspiracy that includes Chestnut Hill Meetinghouse arson:
Ten
members of Ironworkers Local 401 have been arrested and charged with allegedly
participating in "acts of extortion, arson, destruction of property and
assault," including the Dec. 2012 arson attack on the Chestnut Hill
Friends Meetinghouse.
Read
more here…
Modular Construction Takes
Off in New York:
Modular
building and prefabrication have been gaining attention in recent years,
largely because of high-profile projects and micro-unit housing rolling out in
major cities like New York and San Francisco.
Read
more here…
The building, located in New Haven,
Conn., was designed by Christian Salvati and Edsel Ramirez of Marengo
Structures. The apartments cost $360,000 to build, and Salvati purchased the
lot for $22,500 from Hill Development Corporation.
Read more here…
Contracting
company to pay $400K in gender-bias suit involving plumber:
A South Jersey mechanical contracting
company has agreed to pay a total of $400,000 to resolve allegations that it
violated state law by failing to employ female plumbers, including for
public-funded projects, the state Attorney General's Office and the Division on
Civil Rights announced Monday.
Read more here…
More thoughts on Potential Liability of
General Contractors for Actions of Subcontractors on PLA Projects:
The case raises the specter of a general
contractor being held liable for the failure of one of its subcontractors to
assign work in accordance with the terms of the PLA. Since the Third Circuit
upheld the decision of the National Labor Relations Board, it is reasonable to
expect similar decisions in other parts of the country by the NLRB.
Read more here…
2014 looks bright for construction, manufacturing employment:
At
the end of the year, growth figures in employment for construction and
manufacturing were mixed, but the outlook for 2014 was positive.
In
December, construction employment fell for the first time since May, by 16,000
jobs, according to the U.S. Bureau of Labor Statistics.
Read
more here….
Huge Potential for Augmented Reality: Report:
In a report titled Innovation Insight: Augmented Reality Will Become an
Important Workplace Tool, international technology research firm Gartner Inc.
says technology associated with AR has matured to a point where organizations
can use it as an internal tool to enhance business processes, workflow and
employee training by enabling real-time decision making through visualization
of content.
Read more here…
5 tech trends transforming BIM:
As
building information modeling and virtual design and construction continue to
evolve the work processes of AEC firms, promising technologies are being
applied to take 3D coordination to the next level. Some are new breakthroughs;
others have been vastly improved in recent years.
Regardless,
experts agree that the following BIM/VDC-related technology trends will have a
profound impact on the way Building Teams design, build, and even operate
buildings in the near future.
Read
more here…
EGO, Google partner to develop 3D modeling tool for LEGO structures:
The
free tool allows Chrome users to create virtual 3D structures using any shape
and color in the LEGO catalog.
If
you're a LEGO fanatic like we are, you're going to love what the software
engineers at Google and LEGO have developed: a 3D modeling tool that uses
LEGO's iconic pieces as the building blocks.
Read
more here…
New iPad App Shapes the Next Gen of Structural Engineers:
An
iPad app designed to teach children about structural engineering has taken the
US by storm, reaching #22 on the download charts for the iconic tablet brand
The
success of the Truss Me! app may be explained by the fact that it feels and
looks like a game, even though the simulation engine running behind the scenes
is truly state-of-the-art..
Read
more here…
Slight Rebound for Architecture Billings Index:
After
consecutive months of contracting demand for design services, there was a
modest uptick in the Architecture Billings Index (ABI). As a leading economic
indicator of construction activity, the ABI reflects the approximate nine to
twelve month lead time between architecture billings and construction spending.
Read
more here…
LABOR:
2014 Regional Agreements Expiring –
Philadelphia Region:
The
region will once again see Collective Bargaining Agreements expiring in 2014
that represent a significant amount of the workforce and employers. The
outcome of these negotiations will influence regional negotiations throughout
2015, when we will once again see a significant amount of our region’s
Collective Bargaining Agreements expire.
Read
more here…
JURISDICTION: Philadelphia Regional Update
– Philadelphia Regional Update – Geographic Jurisdictional Changes - All
Contractors with Signatory Obligations to the Metropolitan Regional Council of
Carpenters – Philadelphia, Greater Pennsylvania Regional Council – Pittsburgh
or the former Mid-Atlantic Regional Council:
Gregory
Management & Consulting Services has received numerous client inquiries
regarding the January 8, 2014 letter from the Greater Pennsylvania Regional
Council, Pittsburgh and the Metropolitan Regional Council of Carpenters,
Philadelphia detailing a market consolidation across three regional councils
and multiple states throughout the entire Mid-Atlantic region. This
consolidation impacts signatory contractors in Virginia, West Virginia,
Washington D.C., Maryland, Delaware and Pennsylvania.
Read
more here…
New leader for Ironworkers:
The parent
organization of Philadelphia's embattled ironworkers union has chosen New
Jersey Senate President Stephen M. Sweeney to oversee operations, after the
arrest last week of several top leaders on federal racketeering charges.
Read more here…
National Labor Relations Board Advice Memorandum - GC
14-01: A must read for Labor Relation’s Professionals. Defines Mandatory
Submissions of Advice to the Division of Advice by group and the NLRB’s focus
moving forward.:
As a result of our Agency's strong
leadership in the Regions, the vast majority of cases can be processed without
guidance from headquarters. In rare instances, however, a centralized
consideration of certain issues can enhance our ability to provide a clear and
consistent interpretation of the Act. In light of Board and circuit court
decisions issued since GC 11-11, and the emergence of new policy issues in the
past several years, this updated list of matters that should be submitted to
the Division of Advice has been prepared.
Read more here…
National Labor Relations Board: Is Deferral to Labor Arbitration Awards in Jeopardy:
The National Labor Relations Board has issued a press
release announcing its intention to revisit precedent created under a pair of
Board decisions nearly 59 and 30 years old, respectively. The precedent
involves under what circumstances the NLRB will defer to decisions of labor arbitrators
in cases where there are pending NLRB unfair labor practice charges arising out
of the same facts.
Read more here…
National Labor Relations Board: The NLRB Proposes Amendments to Improve Representation Case Procedures:
The National Labor Relations Board announced today that
it is issuing proposed amendments to its rules and regulations governing
representation-case procedures. In substance, the proposed amendments are
identical to the representation procedure changes first proposed in June of
2011.
Read more here…
Regional Collective Bargaining Settlement Sheets available:
GMCS has compiled a detailed settlement report defining the regional trade
settlements from last year’s collective bargaining as well as detailing the
previously negotiated settlements for trades and associations.
Complimentary copies of the GMCS Regional Settlement Sheets are available to
those associations that contributed to the creation of the Regional Settlement
Sheets. Copies are also available to those associations not engaged in
active negotiations at this time. Please contact GMCS at wegregory@gregorymcs.com today for
instructions on how to receive your copy.
In Light of Supreme Court's Sandifer Decision, Employers
Should Revisit "Donning and Doffing:
On January 27, 2014, the United States
Supreme Court held that time spent donning and doffing required protective gear
was not compensable under the Fair Labor Standards Act (FLSA) and the terms of
a collective bargaining agreement. In Sandifer v. United States Steel
Corp., the Court ruled that the donning and doffing of protective gear
qualified as "changing clothes" under § 203(o) of the FLSA.
Pursuant to § 203(o), a labor union and an employer can determine whether time
spent in changing clothes at the beginning or end of each workday will be
compensable.
Read more here…
GMCS is the Philadelphia Region’s Leading Labor Relations Solutions Provider:
A recent study by the Center for Construction Research and
Training indicates that work site conflict costs, on average,
$11,000.00 per incident. GMCS provides contracted labor relations services
to many of the region’s employer associations, contractors, facility owners and
industry stakeholders helping you to avoid those costly conflicts. With two levels of
affordable annual agreements costing less than 50% of the cost of an average
conflict, contracted labor relations services can
help your organization stay on schedule and budget.
Contact wegregory@gregorymcs.com for your
consultation today.
Walmart Potentially Liable For Wage Violations as a Joint Employer. Another case where Employees of a Subcontractor May Sue the Prime Contractor as if they are their employer. This decision potentially impacts all employers and contractors that engage in the “Labor Broker” model of business.:
Finding that ample evidence existed that Walmart
exercised control over the working conditions of the workers employed by
Walmart’s warehouse subcontractors, a California federal district court in
Carrillo v. Schneider Logistics Trans-Loading and Distribution, Inc., held that
Walmart may be jointly liable for wage violations committed by the
subcontractors.
Read more here…
Construction Union Membership and Members’ Earnings Both
Rise in 2013, While Nonunion Workers’ Earnings Decline:
Union representation in the construction industry rose to
14.9 percent (967,000 workers) in 2013 from 13.7 percent (850,000 workers) in
2012, the Bureau of Labor Statistics (BLS) reports. Union membership in
the industry also rose, from 13.2 percent (820,000 workers) in 2012 to 14.1
percent (915,000 workers) in 2013. Total employment in construction
increased by a significantly larger margin during the year – rising over 4
percent, from 6.205 million workers to 6.474 million.
Read more here…
Job Openings and Labor Turnover – December, 2013:
There were 4.0
million job openings on the last business day of December, little changed from
November, the U.S. Bureau of Labor Statistics reported today. The hires rate
(3.2 percent) and separations rate (3.2 percent) were little changed in
December. This release includes estimates of the number and rate of job
openings, hires, and separations for the nonfarm sector by industry and by
geographic region.
Read more here…
Wage Growth to Accelerate in 2014, WTI Forecasts:
Wage growth in
private industry is expected to accelerate later this year, according to the
preliminary first-quarter Wage Trend Indicator™ (WTI) released today by
Bloomberg BNA, a leading publisher of specialized news and information.
Read more here…
OSHA & SAFETY:
Use this app to streamline safety inspections:
Today,
there are apps for everything: tracking your fitness, finding your friends, and
tracking your expenses. So why shouldn’t there be an app for safety?
Skanska
teams developed electronic reports that make safety inspections more efficient,
and that make it easier to address any issues emerging from them. This virtual
process can eliminate the paper checklists and spreadsheets normally associated
with this activity.
Read
more here…
OSHA issues proposed rule to extend compliance date for crane operator certification requirements:
The
Occupational Safety and Health Administration today issued a proposed rule to
extend the compliance date for the crane operator certification requirement by
three years to Nov. 10, 2017. The proposal would also extend to the same date
the existing phase-in requirement that employers ensure that their operators
are qualified to operate the equipment.
Read
more here…
Employers reminded to post OSHA 300A injury/illness summaries through April 30:
OSHA is reminding covered employers to
post OSHA's Form 300A, which summarizes the total number of job-related
injuries and illnesses that occurred during 2013 and were logged on OSHA's Form
300, Log of Work-Related Injuries and Illnesses. The summary must be posted
between Feb. 1 and April 30, 2014, and should be displayed in a common area
where notices to employees are usually posted.
Read more here…
GLASS Report: Legislative Action Alert: House Bill 1877 -
Changes to Statewide Demolition Standards Proposed:
An Act providing for demolition standards
for buildings and structures, for permits, for inspections, for powers and
duties of the Department of Labor and Industry and for training and
enforcement; imposing penalties; and establishing the Demolition Safety
Training and Enforcement Account.
Read more here…
OSHA Winter Weather Page:
Winter
weather creates a variety of hazards that can significantly impact everyday
tasks and work activities. These hazards include slippery roads/surfaces,
strong winds and environmental cold.
Learning
how to prepare for work during the winter, protect workers from the cold and
other hazards that can cause illnesses, injuries, or fatalities, is essential
to maintaining a safe work environment and completing tasks successfully.
Read
more here…
Alliance with Chicago Roofing Contractors Association aims to improve health and safety at construction sites:
OSHA
has established an alliance with the Chicago Roofing Contractors Association to
develop training and education programs for roofing contractors related to
hazards in construction, best practices, regulatory updates and national
campaigns and promote workers' rights.
Read
more here…
Alliance with Scaffold and Access Industry Association renewed to protect workers from scaffold hazards:
OSHA
has renewed its alliance with the Scaffold and Access Industry Association to
provide information and training to protect the safety and health of workers
who use scaffolds and lift equipment. Through the alliance, OSHA and SAIA will
work to reduce and prevent fall and caught-in-between hazards and issues
related to frame, mast climbing and suspended scaffolds and aerial lift
equipment.
Read
more here…
OSHA compliance planning calendar:
Occupational Safety and
Health Administration (OSHA) regulations and standards include numerous
training, posting, or other compliance actions that are required annually or at
other regular intervals. There are a number of issues you should consider for
your compliance planning calendars.
Read more here…
Help OSHA evaluate its heat illness prevention campaign:
OSHA is gathering stakeholder input on
the heat illness prevention campaign with a brief survey to evaluate the
usefulness of the heat illness prevention campaign website and to identify
possible modifications for next year.
Read more here…
Prevention Videos
(v-Tools);
Every year in the U.S. more than 800
construction workers die and nearly 137,000 are seriously injured while on the
job. Construction workers engage in many activities that may expose them to
serious hazards, such as falling from rooftops, unguarded machinery, being
struck by heavy construction equipment, electrocutions, silica dust, and
asbestos.
The videos below show how quickly workers
can be injured or killed on the job and are intended to assist those in the
industry to identify, reduce, and eliminate construction-related hazards.
Read more here…
OSHA National fall
Prevention Program Continues:
Falls
are the leading cause of death in construction, and OSHA is working with NIOSH
and the National Occupational Research Agenda to get the word out about how to
"Plan, Provide, Train" to prevent fatal falls. To learn more, please
check out OSHA’s Fall Prevention Campaign resource page here…
MULTI-EMPLOYER PLAN UPDATE:
MCCAA releases Inventory of
Construction-Industry Multiemployer Pension Plans:
The
Mechanical Contractors Association of America (MCAA), in conjunction with
Horizon Actuarial Services, LLC, has just released a new edition of its
comprehensive inventory and analysis of construction industry multiemployer
pension plans.
The
Inventory provides historical data from all multiemployer pension plans in the
construction industry. The new issue of this publication has been
significantly enhanced. It now includes plan features by specific craft and a
separate, detailed analysis of all plans co-sponsored by MCAA employers and the
United Association. MCAA President Michael R. Cables stated,"
Read
more here…
Corporate
plan sponsors have little to be thankful for in January as their pension plans'
total assets and overall funding statuses dipped, according to research
compiled by BNY Mellon and Mercer.
Last
month, BNY Mellon Investment Strategy & Solutions Group found that funded
status for the typical plan dipped 4.2 percentage points to 91%. The Marsh
& McLennan company adds in its own analysis that plan sponsors for the
S&P 1500 companies saw six percentage point declined to 89%.
Read
more here…
Milliman
analysis: After a historic improvement in funded status during 2013, pension
funding takes a turn for the worse to start the new year:
Pension
funding ratio declines to 91.2% at the end of January.
The
funded status of the 100 largest corporate defined benefit pension plans
dropped by $67 billion during January, as measured by the Milliman 100 Pension
Funding Index. The deficit declined to $140 billion from $73 billion at the end
of December 2013, primarily due to a 28-basis-point drop in the benchmark
corporate bond interest rates used to value pension liabilities. Pension assets
also experienced a modest loss during January, contributing to the funded
status deficit. As of January 31, the funded ratio decreased to 91.2%, down
from 95.2% at the end of December 2013.
Read
more here…
U.S. Corporate Pensions Slide in January:
Corporate plan sponsors have little to be thankful for in January as their pension plans' total assets and overall funding statuses dipped, according to research compiled by BNY Mellon and Mercer.
Last month, BNY Mellon Investment
Strategy & Solutions Group found that funded status for the typical plan
dipped 4.2 percentage points to 91%. The Marsh & McLennan company adds in
its own analysis that plan sponsors for the S&P 1500 companies saw six
percentage point declined to 89%.
Read more here…
Harkin retirement bill gets mixed reaction:
Sen. Tom Harkin, D-Iowa, unveiled new
legislation this week that would help tackle the retirement crisis in America
and shore up the private pension system. Industry reaction to the bill was
mixed; some cheered while others thought it too complex.
Read more here…
Companies Detangle from Legacy Pensions:
Although new defined benefit plans are
rare, many firms must still fund commitments to retirees. Luis M. Viceira looks
at the pension landscape and the recent emergence of insurance companies as
potential saviors.
Read more here…
HUMAN RESOURCES:
GLASS Report: Legislative Action Alert:
Bill No. 130687 - Philadelphia City Council - Philadelphia’s Mayor Michael
Nutter signs Law Requiring Employers to Accommodate Pregnant Employees:
On January 20, 2014,
Mayor Nutter signed into a law Bill No. 130687, an ordinance amending
Chapter 9-1100 of The Philadelphia Code, entitled "Fair Practices
Ordinance: Protections Against Unlawful Discrimination," by requiring
reasonable workplace accommodations for employees who have needs related to
pregnancy, childbirth, or a related medical condition and making technical
changes, all under certain terms and conditions. As a result, employers
will now be responsible to provide reasonable accommodations to pregnant
employees that do not cause an undue hardship.
Read more here…
Additional
clarification and material may be found here…
Form I-9s—Still a Hassle and Audits Are
Heating Up:
The Immigration Reform
and Control Act of 1986 (IRCA) requires every employer to complete and
retain Form I-9 for all new employees and current employees hired on or
after November 6, 1986, who will perform work for pay or other compensation
Read more here…
The 9 Most Common Form I-9 Mistakes:
Read about the 9 most
commonly found I-9 mistakes by going here…
How to help employers prepare for DOL investigations:
The
best way for employers to prepare for a Department of Labor investigation of
its employee benefit plan is to do it well before any investigation begins. The
annual audit of their benefit plan financials is a good place to start, but it
should not be relied upon to insure compliance.
Audits
of benefit plan financials – what they are and are not
Read
more here…
Knock, Knock, DOL Calling:
When
the DOL (Department of Labor) comes calling, there could be big bucks at stake,
says BLR® Legal Editor Susan Prince, JD. In today’s Advisor, Prince clarifies
DOL’s rights during investigations.
Although
no industry is immune from a wage and hour investigation, the Wage and Hour
Division (WHD) has targeted low-wage industries with vulnerable, and often
immigrant, workforces, and those industries with a history of chronic
violations, including garment manufacturing, agriculture, and health care.What
Does the DOL Do When It Audits a Business?
Read
more here…
‘Steering’ Is 2014’s New Twist on Discrimination:
HR’s watchdog agencies—the DOL, EEOC, and OFCCP—are
looking at a new variant on discrimination they call “steering.” It’s not
immediate discrimination, but long-range discrimination.
“Steering” may be
charged when people in a protected class are “steered” to jobs with lower
long-term potential than other similar jobs.
Read more here…
Third Circuit Court of Appeals Rules That
Employer Can Terminate Employee For Violating Strict No Alcohol Return to Work
Agreement:
The Third Circuit Court of Appeals
recently issued a decision holding that an employer's termination of an
employee for violating a very broad and restrictive return to work agreement
(RWA), which prohibited the employee from all drug and alcohol use during both
work and personal time, was lawful.
Read more here…
Documents,
documents, documents: What to keep, what to shred:
The
hiring process has a way of creating a lot of paperwork. A single job opening
can bring a flood of resumes, cover letters, and applications from a horde of
hopefuls. Once the decision has been made, the question becomes what to do with
the pile of documents the hiring process generates.
Read
more here…
What is “Just Cause” Termination?:
Many union and non-union employers are faced with the reality of executing a “Just Cause” termination. Gregory Management & Consulting Service clients often ask, what exactly constitutes a “Just Cause termination?
“Just Cause” is usually a term more
commonly found in our regional collective bargaining agreements or written
employment contracts between and employer and employee. It is very
different from other terms also referred to in the process of a termination,
such as, “At Will” or Reduction in Workforce.”
Read more here…
A Primer for “Just Cause” Termination and Unionized Employees:
Many collective bargaining agreements
have a specific provision for the termination of an employee represented by a
bargaining unit. That provision is often referred to as “just
cause” and must be justified prior to the termination of an employee covered by
that collective bargaining agreement. The term “just cause” in a unionized
environment is often interpreted differently from that in a non-unionized
employment contract or agreement.
Read more here…
10 Rating Errors to Avoid During Performance Reviews:
Rating errors are factors that mislead or
blind us in the appraisal process. Armstrong warned that “appraisers must be on
guard against anything that distorts reality, either favorably or unfavorably.”
These are the 10 rating errors seen most often. They’re where managers and
other raters are most likely to go offtrack.
Read more here…
This e-mail newsletter has been provided complimentary to Associations and
industry stakeholders by Wayne Gregory of Gregory Management & Consulting
Services (GMCS). Wayne
Gregory has been the recognized regional leader in the areas of Labor &
Industry Relations since 2005 and is continuing to serve the industry and its
multi-employer Associations under the GMCS
brand, Knowledge, Trust, Integrity
and a unwavering commitment to Serve
the industry. From Association Management & Executive Leadership
services, Owner Representation, Government & Legislative Affairs
& Subscription Services and Labor & Industry Relations, let GMCS help
your Associations and organizations to forge a new and clear path forward.
We hope that you enjoy the new newsletter format and welcome all comments
and suggestions regarding these changes. You may forward those to Wayne
Gregory @ wegregory@gregorymcs.com.
Best wishes to all for a safe, prosperous, healthy & harmonious 2014.
Sincerely,
Wayne E. Gregory
Gregory
Management & Consulting Services
E-Mail: wegregory@gregorymcs.com
On the web: www.gregorymcs.com
No comments:
Post a Comment