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The double breasted operation in the construction industry

  • FAQ's Concerning Double Breasted or Dual Shop Construction

    Jun 11, 2014· The terms double breasted or dual shop contractor refers two construction firms often sharing common ownership one of which is a signatory to

  • Recent Developments from the NLRB and the Impact on

    Feb 24, 2021· How Does the NLRB View Double-Breasted Operations, Where a Unionized and Nonunion Entity Are Subject to Common Ownership or Control? What Should Construction Companies Keep in Mind When Establishing, Acquiring, or Maintaining a Double-Breasted Operation? Workplace Policies. Why Is the NLRB Concerned About Employers' Workplace Policies?

  • Withdrawal Liability - Widman - AGC

    construction industry exception of MPPAA was not available to an employer that double-breasted operation may trigger a complete withdrawal simply by closing the doors of the union company and allowing the nonunion company to continue to operate. As noted at the outset, withdrawal liability was a major concern in the

  • Double-Breasted Dilemma - AWCI

    Construction Dimensions/June 1983 By Betty Southard Murphy, Esq. for a subsidiary clause which would have applied the collective bar-gaining agreements signed by the con-tractors to any double-breasted counterpart. The contractors denied that they maintained any double-breasted operation. Despite the contractors denials, the

  • DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO

    Jul 12, 2018· breasted operations in the construction industry could testify regarding their observations of industry custom and practice under F.R.E. 701 because one had personal knowledge of multiple double breasted operations from his twenty-plus years as the Executive Director of the Building

  • Double Breasting NYC Construction Unions Navillus

    May 14, 2018· Lou Coletti, president of the Building Trades Employers Association, noted that double-breasting issues tend to arise more frequently among subcontractors than construction managers, since the

  • Wessels Sherman Blog: Construction Industry Double-Breasting

    Jul 18, 2016· Here at Wessels Sherman we have seen an uptick recently in legal challenges by unions to construction industry double-breasting schemes. By using the word schemes, I dont mean it in the bad sense at all. There is nothing improper or illegal about double-breasting. Unions hate it,

  • Considerations on Dual-Shops Following 'Navillus

    Oct 03, 2017· As a result, some employers subject to CBAs operate double-breasted operations in which the unionized employer creates a second, separate firm with a nonunion workforce.

  • Why do Chefs wear white?

    A tall, white hat, double-breasted white jacket, and apron over black and white trousers - the chef's uniform is iconic in the hospitality industry as well as the general public. Like police officers, doctors, and construction workers, the components of a chef's uniform are immediately recognizable.

  • Current Trends in Construction Industry Labor Relations

    CURRENT TRENDS IN CONSTRUCTION INDUSTRY LABOR RELATIONS - THE DOUBLE-BREASTED CONTRACTOR AND THE PREHIRE CONTRACT Bernard T. King and James R. LaVaute*t I. INTRODUCTION Numerous recent developments have contributed to a state of uncertainty in the arena of construction industry labor law. An important stimulus for such developments has been the

  • Double Breasted Construction Company Attorney Lawyer

    Dec 23, 2013· Posted in Construction Labor Law, Unions The terms double breasted or dual shop contractor refers two construction firms often sharing common ownership one of which is a signatory to a collective bargain agreement (the union firm) and the other that is not (the open shop firm).

  • Spotlight On 'Double-Breasting' In Construction Industry

    Mar 12, 2015· In the construction industry, it is common and unlawful for two related construction companies to operate on a double-breasted basis, with a union signatory contractor performing work

  • Double-Breasted Company Owners, Officers Can Be Indicted

    Oct 05, 2016· The court and the government acknowledged that double-breasted arrangements, in which the non-union company bids on jobs that do not require a union contractor, and the

  • Leadership Across Platforms - Beyond the Build - Stewart/Perry

    Several decades ago, in most of the larger southeastern cities, union contractors prevailed. As the market began to change toward a more open working environment, these companies formed what would be referred to as a double-breasted operation, where the ownership of one company was the same as the other, and yet one was union and the other hired trades without affiliation.

  • Windham couple face union fraud charges New Hampshire

    Jan 27, 2016· The dual ownership of similar business, which typically occurs in the construction industry, is known as a "double breasted" or "dual" operation.

  • Construction Industry Double-Breasting: Recent

    Operations that run both union and non-union businesses are known in labor law as "double-breasted." Double-breasting is legal, but when established and maintained improperly, it can create liability exposure that can devastate both businesses. Problems commonly arise on two fronts: withdrawal liability and "alter ego" situations.

  • Doublebreasted Operations and Pre Hire Agreements in

    Jun 01, 1987· Doublebreasted Operations and Pre Hire Agreements in Construction: The Facts and the Law (Major Industrial Research Unit Studies, No. 62A.) [Northrup, Herbert R., Williams, Robert E., McDowell, Douglas S.] on Amazon. *FREE* shipping on qualifying offers. Doublebreasted Operations and Pre Hire Agreements in Construction: The Facts and the Law (Major Industrial

  • History - United Brotherhood of Carpenters

    The United Brotherhood of Carpenters was founded in 1881 in response to challenging conditions in the construction industry. While much has changed over the course of more than 140-years, the union today remains as committed as ever to improving the lives of

  • Concession Bargaining at the Crossroads - CounterPunch

    Jan 07, 2014· The construction industry union-busting model was transported to other sectors of the economy. The tactic of double breasted operations took on a new form. Alternative union-free operations were

  • MARCH 7, 2011 CTLAWTRIBUNE.COM Double-Breasted

    vately owned construction projects. In an effort to remain competitive in a stag-nant economy that continues to plague the construction industry, many union shop contractors are considering becom-ing a double-breasted or dual shop entity in order to win more bids. A double-breasted construction

  • The Myths of ERISA - AWCI

    go double breasted and phase out the union operation, then the open shop company should be a non-affiliated corporation where there is an owner-ship differential. Then there would be no liability because the open shop operation would incur no liability on 40 Construction Dimensions/March 1984

  • Subcontracting Agreements in the Construction Industry

    Engineers, 425 U.S. 800 (1975), known as Kiewit, which allows construction employers to avoid union contracts by operating as a double breasted enterprise, i.e., separate union and nonunion corporations controlled by one interest, [for additional background on Kiewit, see generally,

  • Behind the Navillus Bankruptcy, a Union Contractor's Ties

    Dec 27, 2017· The size of the judgment and the implications for double-breasted construction operations turned heads in New York City's construction community, where unions and union employers have yet to

  • Construction Company Liable for $76 Million for

    Oct 06, 2017· When several commonly controlled companies run parallel operations, a court may determine that the operations are actually one double-breasted one. Similarly, when a company creates another company that is practically the same as the original one, they may be

  • Construction Industry Double-Breasting: Recent

    Jan 25, 2018· Operations that run both union and non-union businesses are known in labor law as "double-breasted." Double-breasting is legal, but when established and maintained improperly, it can create

  • Games Contractors and Subs Play Double Breasting or

    Aug 08, 2018· Maybe I still am, but I learned quickly what the term means and how it can be used in the construction industry and in the games that contractors and subs play. Essentially, the term Double Breasted means that an owner contracts with both union and non-union (also known as merit shop or open shop) companies, thus the use of

  • Construction Industry Double-Breasting: Recent

    Jan 28, 2018· Here is an update to our prior client alert titled, "Construction Industry Double-Breasting: Recent Trends and Best Practices," which now includes additional information about a recent court decision impacting employers in the construction field. Construction unions' firm, if not exclusive, grip on private-sector residential projects in New York City is waning.

  • Construction Industry Double-Breasting: Recent

    Jan 25, 2018· Operations that run both union and non-union businesses are known in labor law as "double-breasted." Double-breasting is legal, but when established and maintained improperly, it

  • 'Double-Breasted' Operations Face Criminal Risk - Law360

    Oct 19, 2017· Typically, a dispute over whether the nonunion company within a double-breasted operation is liable for CBA obligations is joined through a civil

  • Contractors Top Concern: Labor Shortages - In The Field

    Dec 27, 2006· Responses represent the opinions of about 600 contracting firms. By labor policy, 46 percent of survey respondents were nonunion contractors, 37 percent were union contractors, and 9 percent were double-breasted. The concentration of union employers was greatest among specialty firms with 45 percent hiring only union-represented workers.

  • Fraud charges against union contractor dismissed - The

    May 18, 2017· The case involves what are called double-breasted shops, in which a company with a union contract creates an alter-ego and uses its resources to complete nonunion projects, paying workers at

  • 'Double-breasted' work fraught with perils, pratfalls

    Aug 22, 2006· Construction company owners who desire to operate double-breasted need to be very careful in how they set up and run their two organizations or they risk having the two companies treated as one. If this happens, the two companies may face unfair labor practice charges and grievances, trust fund collection actions, picketing and legally mandated

  • Leominster Man, Fitchburg Construction Company Charged

    Dec 15, 2014· Alonso Construction and Aguila Construction performed the same type of work, used the same equipment, and used the same laborers and office staff. This double-breasted arrangement is often used in the construction industry to avoid paying union members the union wages and benefits they are entitled to.

  • Construction firm owner faces charges Sentinel and

    Jun 19, 2013· This double-breasted arrangement is often used in the construction industry to avoid paying union members the union wages and benefits they are entitled to, according to the U.S

  • Danny W. Jarrett Jackson Lewis

    Danny assisted in setting up a double-breasted operation for a large, regional construction company. He also represented the State Bar of New Mexico and set national precedent when the National Labor Relations Board in Washington, D.C. ruled that it did not have jurisdiction to oversee a representation election involving State Bar employees and

  • 'Double-Breasted' Operations Face Criminal Risk

    views double-breasted operations as potentially criminal enterprises.[5] In that matter, prosecutors indicted a husband and wife (the Thompsons), as well as the union and nonunion companies that they allegedly operated as a double-breasted operation, for mail fraud, theft or embezzlement from an

  • Do You Know About Double Breasted Operations? Austin

    Oct 24, 2013· Some of my construction clients are double breasted operations. They have a unionized company when doing public, prevailing wage work. But when they are bidding for non-public jobs, i.e. construction projects that are not funded with taxpayer money, they submit a

  • Construction Industry Double-Breasting: Recent

    Jan 24, 2018· Operations that run both union and non-union businesses are known in labor law as "double-breasted." Double-breasting is legal, but when

  • Games Contractors and Subs Play Double Breasting or

    Aug 08, 2018· Maybe I still am, but I learned quickly what the term means and how it can be used in the construction industry and in the games that contractors and subs play. Essentially, the term Double Breasted means that an owner contracts with both

  • Double Breasting Calls for Double Caution, Cases Show

    Dec 05, 2013· Union contractors facing increasing cost competition from open-shop contractors are often tempted to set up a separate nonunion firm and operate on a double-breasted, or dual shop, basis. While establishment of such operations can be accomplished lawfully and

  • Construction Notes - Couch White

    Double-Breasted Operations Gone Bad Joel M. Howard, III, Esq. In September of 2017, a judgment was entered in Federal Court in the Southern District of New York against Navillus Tile and three related construction companies for $75,000,000 upon the finding that Navillus and its principals had engaged in illegal double breasted activities.

  • Double-Breasted Operations: A Management Perspective

    going "double-breasted." The seminal cases regarding double-breasted operations are Gerace Construction, Inc.,6 Frank N. Smith Associates, Inc.,1 and the "Peter Kiewit" cases,8 in which the Board and Supreme Court indicated their "willingness to entertain the 'dual shop' or 'double-breasted

  • Carpenters Local Union No. 1846 of the United Brotherhood

    The history of a "double breasted" operation in existence prior to and during the time a union enters into a collective bargaining agreement with one half of the operation may be relevant evidence as to whether the nonsignatory is a sham created merely for the purpose of evading contractual obligations or is a bona fide enterprise of which the

  • Wessels Sherman Blog: Construction Industry Double-Breasting

    Jul 18, 2016· Here at Wessels Sherman we have seen an uptick recently in legal challenges by unions to construction industry double-breasting schemes. By using the word schemes, I dont mean it in the bad sense at all. There is nothing improper or illegal about double-breasting. Unions hate it, but its not illegal.


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