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Full-Text Articles in Law
The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen
The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen
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A surety faces potential exposure to a multitude of liabilities under payment and performance bonds issued for state and federally funded bonded projects as well as from the express obligations imposed by private common law performance and payment bonds. This paper, however, focuses only on a surety’s potential exposure for wage and related liabilities.
Under federal law, a surety faces possible liability under a Miller Act Payment Bond to laborers for the bonded principal’s failure to pay wages. Union trusts may also recover against a surety under a Miller Act Payment Bond for the bonded principal’s failure to remit union …
Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael Hayes
Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael Hayes
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Unions exist to provide assistance to employees; this is their reason for being. Yet once a union begins a campaign to represent a group of employees, it is legally barred from extending tangible assistance to the workers. The National Labor Relations Board ("NLRB" or the "Board") and courts deem a union grant of benefits to employees during or prior to a representation campaign objectionable conduct that requires setting aside the results of the representation election and holding another election.
This article's proposal to open the door to unconditional union benefits during an organizing campaign will likely be controversial. Part of …