Whether Union Was Coercive, Threatening To Be Decided by Jury, Federal Judge Rules

Whether or not picketing and other demonstrative actions by the Southeastern Regional Council of the Carpenters and Joiners of America were coercive or threatening must be decided by a jury, a federal judge in Georgia ruled Dec. 28 (Circle Grp. LLC v. Southeastern Carpenters Reg'l Council, N.D. Ga., No. 1:09-cv-3039, 12/28/11).

Judge William S. Duffey of the U.S. District Court for the Northern District of Georgia denied a motion for summary judgment by the Carpenters as well as a motion for partial summary judgment by Circle Group LLC, an Atlanta-based interior construction and drywall firm. Duffey ruled that the matter should proceed to a jury trial, and scheduled one for March 19.

At issue in the case are instances of picketing, handbilling, and bannering engaged in by the union as part of its "area standards" campaign in the greater-Atlanta area.

According to the decision, the union began its campaign in 2003 "to encourage the use of certain contractors and to increase the amount of union work relative to the Atlanta construction market" by bringing attention to construction firms it claims do not pay "area standards wages," and/or do not offer employer-funded health insurance, training, or retirement benefits.

Over 200 Applicants to Reclassify Workers, IRS says

The Internal Revenue Service received 217 applications from employers wanting to reclassify workers as employees under the Voluntary Classification Settlement Program, an IRS official said Jan. 5 during a phone conference with payroll industry representatives.

The number of applications was "in line with expectations," said John Tuzynski, chief of IRS employment tax operations.

The program, which started in September, allows employers not under audit to make a minimal payment covering past payroll tax obligations and to reclassify workers as employees without penalties or interest (57 CLR 969, 9/29/11). To participate, employers file Form 8952, Application for Voluntary Classification Settlement Program, with IRS.

While some applicants have included payment checks with Form 8952, Tuzynski said such submissions are premature because a formal agreement on the arrangement must be signed before payments are made.

More information on the program may be accessed at http://www.irs.gov/businesses/small/article/0,,id=246013,00.html.

Construction Industry Adds 17,000 Jobs, But Unemployment Jumps to 16 Percent

The construction industry added 17,000 jobs in December 2011, yet its unemployment rate jumped to 16 percent from 13.1 percent reported in November 2011, according to seasonally adjusted data released Jan. 6 by the Labor Department's Bureau of Labor Statistics.

Analysis of BLS's report from the Associated Builders and Contractors and the Associated General Contractors agreed that the spike in jobs added in the construction industry was mostly driven by an increase in employment within the nonresidential specialty trade contractors sector, which added 20,200 jobs, and the residential building construction sector, which added 2,500 jobs.

However, every other sector of the construction industry showed employment declines. In contrast to nonresidential contractors, the residential specialty trade contractor sector lost 2,900 jobs in December. Employment in nonresidential building construction fell by 2,700 jobs and heavy and civil engineering construction lost 300 jobs, the report showed.