Unions double breasted contractors


We use cookies to improve your experience. Make sure you don't miss any Law breaking news. Select at least one primary interest: Michael Buono Off the market: This potential liability should not be taken lightly because the potential ERISA liability could easily reach in the several hundreds of thousands of dollars or more. Separate but the same? Subscribe to our e-Lerts.
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FAQ’s Regarding “Double Breasted” Construction Companies

These market conditions may manifest themselves in a particular segment of the industry. Furthermore, because the contracting employer must be able to control the employees in question for an anti-dual shop clause to apply, any operation that passes muster under the single employer test would in theory not be subject to the anti-dual shop clause. Contractors that do not properly establish and maintain a double breasted operation face significant liability most notably in terms of ERISA contributions. Get instant access to the one-stop news source for business lawyers Register Now! But that opportunity does not come without risks if the proper steps are not taken. Calls and emails to DeLollis were not returned. Separate but the same? You must correct or enter the following before you can sign up: A common misconception is that common ownership invalidates a double breasted operation.
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This potential liability should not be taken lightly because the potential ERISA liability could easily reach in the several hundreds of thousands of dollars or more. Recent allegations show the complicated nature of such cases. Contractors that do not properly establish and maintain a double breasted operation face significant liability most notably in terms of ERISA contributions. Are Double Breasted Operations Legal? In other words, courts do not simply look to common ownership in determining whether a legitimate operation exists. By continuing to use our site, you accept our use of cookies. However, I suspect a majority of our members would disagree with allocating additional resources toward another review of a case that has previously been found to warrant no action. Calls and emails to DeLollis were not returned.
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Description:We take your privacy seriously. We use cookies on this site to enable your digital experience. Password at least 6 characters required Confirm Password. First, the agreement must seek to preserve work traditionally performed by employees represented by the union. At the same time, unions — their pension funds ravaged by the recession and their market share shrinking — have all the more reason to aggressively go after companies that they perceive may be cheating their funds. In fact, both the NLRB and the courts have repeatedly held that common ownership alone is not dispositive of whether a single employer exists. Furthermore, because the contracting employer must be able to control the employees in question for an anti-dual shop clause to apply, any operation that passes muster under the single employer test would in theory not be subject to the anti-dual shop clause.

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