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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).
Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. Sometimes, however, parties knowingly contract with the unlicensed.
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 bargaining agreement that impacts the situation, Conrad Kennedy said. Equal Employment Opportunity Commission.
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).
New Jersey Building Laborers Statewide Benefits Funds , [1] the Third Circuit held that the courts must decide questions of arbitrability in cases where a party challenges the validity of the underlying contract that contains the arbitration agreement — even when the putative arbitration agreement refers these questions to the arbitrators.
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.
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. ” 286 A.3d 3d at 1200. ” 286 A.3d 3d at 1201.
The UAW, in decline for decades as foreign automakers populated the South with non-union plants, kept itself alive during the Recession by agreeing to a contract that pays its newer members $15 per hour. This steep cutback in wages–veteran UAW members earn $28/hr–helped make U.S.
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.
Many construction contracts and subcontracts provide for arbitration of disputes. To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. Ancel, Inc.
In legal term such tender recognizes constitute invitation to treat, a simple request made by the employer for appropriate contractor to tender their bids or offers. Client will acquire the bargain possible. The client publishes the tender offer in the local newspaper as an advertisement. Wasteful application of source.
“Dispute board” is a generic term that describes a panel of three independent and impartial individuals such as lawyers, engineers, and other experts who are selected by the contracting parties to resolve project-level disputes before the commencement of more formal dispute resolution processes such as arbitration or litigation. [2]
I was driving the trusty Chrysler minivan (legally mandated for all young parents back then) on a heavy switchback road in western North Carolina called ‘tail of the dragon’ to give you an idea of the curviness. Yet the real surprise of the day, is she is now a legal driver, piloting her very own (used) car. Double wow.
The Executive Order is scheduled to take effect for contracts entered into after January 1, 2017. 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!
The employer opts out of certain services with one vendor and contracts another to deliver the previously opted-out services. Collective Bargaining: One or more unions meeting with representatives from an organization to negotiate labor contracts. Carve-Out: Eliminating coverage of a specific category of benefit services (e.g.
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