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Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”
But recent court decisions have provided legal support, Blue added, including one ruling upholding a Texas hospital's mandate. Workers who are part of a union may be subject to an employment agreement or collective bargainingagreement that impacts the situation, Conrad Kennedy said. Read More. . Business Management.
Finally, the third possible amendment would overrule current Board case law holding that collective bargaining language in the construction industry, standing alone, can be legally sufficient to prove a union’s majority status and establish a conventional 9(a) bargaining relationship between an employer and its employees’ union (9(a) relationship).
2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Sphere Drake Insurance, PLC , 202 F.3d 3d 71, 81 (1st Cir. Enterprises, Inc. , 311 F.Supp.3d
Finally, the third possible amendment would overrule current Board case law holding that collective bargaining language in the construction industry, standing alone, can be legally sufficient to prove a union’s majority status and establish a conventional 9(a) bargaining relationship between an employer and its employees’ union (9(a) relationship).
But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC.
A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d
WILG’s members are committed to improving the quality of legal representation to those injured on the job or victims of occupational illness by superior legal education and by keeping informed of legislative and judicial proceedings. How long have you been with the group? Why did you get involved in helping injured workers?
Further, some practitioners believe that there is a risk that the dispute board members, especially engineers who lack formal legal training, may disregard the requirements of a contract in favor of their own sense of equity and judgment. [7] He can be reached at Zach.Torres-Fowler@Troutman.com. [1] 3] See generally John W. Hinchey, et al.,
Leave also extends to the same for an employee’s spouse, child, parent, blood-related family member, or someone “whose close association with the employee is the equivalent of a family relationship.” That’s the legal speak! But what’s the practical effect on federal contractors?
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