Laws and Labor Relations Laws and Regulations 4
Laws and Labor Relations
Laws and Regulations • 4 major categories of laws – Contract Law – Laws governing the execution of work being performed – permits, ordinances, regulations, requirements of jurisdictional agencies – Laws that relate to settling differences – Licensing laws that govern personal qualification standards
Public v Private Contracts • Majority of public contracts must conform to general laws governing execution of public contracts • Usually spelled out in contract documents
Public v Private Contracts • Significant differences between Public and Private Contracts – Project must be publicly advertised – Bids must be accompanied by a bid bond – Notice Inviting Bids usually contains the list of prevailing wage rate for all crafts to be used in work, may include federal wage rates – A list of all subcontractors working must be listed and filed with GC bid
Public v Private Contracts – Wherever a brand name product is specified the specifications must give the names of the brand name products plus the words “or equal” – A performance bond a payment bond must be provided – Award must be to lowest responsible bidder
Limitations of Authority of a Public Agency • A public agency cannot enter into an act it is not authorized to perform • IT can only do what the law allows or prescribes example NYSTA
Traffic Requirements during construction • Need for flaggers, temporary signals, closing lanes • Need a permit from governing body of the roadway (town, county, state, NYSTA) • Engineer provides a traffic maintenance and safety plan which is reviewed and approved – Provides details on when plan will be in effect
Work Within or adjacent to Navigable Waterways • More permits – US Army Corp of Engineers – State and Federal Coastal Regulations – Lengthy permit process • Interruption of Navigation • How do inspectors get to site
Fair Subcontracting laws – Laws to protect subs from bid shopping by GCs • Bid shopping resulted in poor quality work and materials • make sure Law says that all subs that the bidder intends to use on project whose cost exceeds a certain % of the total project cost must be listed on bid • If GC fails to list a sub for any portion of the work the GC must do work itself • PM must check ID of all subs to GC is in compliance
Hazardous Waste • Resource Conservation and Recovery Act – Passed in 1976 – Controls management of hazardous waste – Major provisions under RCRA • Definition of hazardous waste • System to track hazardous waste from generation to disposal • Standards for generators and transporters • Permit requirements for facilities that treat, store, dispose of hazardous waste • Requirements for state hazardous waste programs
Hazardous waste • Sensitive construction issue – What happens when you find some? • California is only state with guidelines • EPA controls other states • Generally stop work until a determination of hazardous material is made • Owner of site “owns” hazardous waste – Responsible for cleanup – Needs to track down other owners for $$ – Modern Press – lead in NJ
Federal Labor Laws • Labor – Management Relations Laws • 1890 Sherman Anti-trust Act – Gave labor power • Norris-La. Guardia Act 1932 (Anti-Injunction Act) • National Labor Relations Act of 1935 (Wagner Act) • Labor Management Relations Act of 1947 (Taft – Hartley Act) • Labor –Management Reporting and Disclosure Act of 1959 (Landrum – Griffin Act) • Clearly outlines federal labor policy
• Equal Employment Opportunity – Eliminates discrimination in employment – Civil Rights Act of 1964 • Congress confirmed and established certain basic individual rights with regard to voting, public accommodations, public facilities, public education, participation in federally assisted programs, opportunity for employment • Handled by Equal Employment Opportunity Commission • Cannot refuse to hire or fire an employee based on race , color, religion, sex, or national origin
• Executive Order 11246 (1965) – Applies to contracts and subcontracts over $10, 000 on federally funded projects • Contractors must take positive action to see that applicants are employed and that employees are treated without discrimination during their employment • Any contractor who fails to perform is barred from future federal contracts
• Age Discrimination in Employment Act – 1967 – Protects people 40 – 65 from being fired – 25 or more employees • Americans with Disabilities Act – 1990 – Firms with 15 + employees – Cannot discriminate against a qualified individual
Wage and Hour Laws • Davis – Bacon Act (1931) – Determines the minimum wage and fringe benefits that a person must be paid on a federally assisted job – Applies to all projects over $2000 – Federal minimum wage rates published every Friday in the Federal Register • Copeland Act (1934) – Anti-kickback law – In effect wherever Davis - Bacon is in effect
• Fair Labor Standards Act (1938) – Wage and Hour Law – Governs : • • • Minimum wage Maximum hours Overtime pay Equal pay Child labor standards – Employers who violate law are liable for 2 x unpaid wages and overtime costs + legal fees
• Equal Pay Act (1963) – Amended Fair Labor Standard Act – Cannot pay one sex more than the other for equal work – Minimum age = 16 • Contract Work Hours and Safety Standards Act (1962) – Says workers must be paid at least 1 x the basic rate for hours over 8 per day or 40 per week
• States also have wage rate laws – State rates are used on jobs in state using state $ – If project uses both federal and state $ then higher rate applies
• National Apprenticeship Act ( 1937) – Promote cooperation between management and labor in developing apprenticeship programs – 1971 Bureau of Apprenticeship and Training approved national apprenticeship standards – Open shops could now have apprentices
• Ethnic Minorities and Women in Construction – Public Works Employment Act (1977) – $4 B in subsides for construction projects • But had to be at least 10% minority companies, subcraftman, suppliers – Minority Business Enterprise (MBE) • Woman or minority owned • Sprang up as a result of Act • Many woman owned businesses today
• Labor Relations – RPR is not involved in labor-management problems on construction site • Collective Bargaining in Labor relations – Under National Labor Relations Act both management and Labor must bargain in good faith – Usually Associations of GC will negotiate with Unions • Master Labor agreements result
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