Employer Payments to Labor-Management Cooperation Committees Part of Prevailing Wage Rates in California

Although employer payments to Labor-Management Cooperation Committees as mandated in collective bargaining agreements do not directly benefit employees, the State of California incorporates those payments into prevailing wage determinations for construction trade occupations on public works projects. Contractors that make payments to these trusts can take them as a credit against the obligatory per diem total wage rate. Read more

Federal & State Statutes and Regulations

Here is the original language in the Congressional bill that enacted the Labor-Management Cooperation Act of 1978, along with its provisions in various sections of the United States Code. Also compiled are five references in California state law. Read more

Origins, Historical Developments, and Assessments

The Labor-Management Cooperation Act of 1978 was a section added to S. 2570, the “Comprehensive Employment and Training Act,” which became Pub. L. 95-524. Congress paid little attention to this section when the bill was considered and passed. Read more

Litigation – Helix Electric v. Division of Labor Standards Enforcement (California)

The 2005-06 federal court case Helix Electric v. Division of Labor Standards Enforcement exposed ambiguity in federal law (and California state law) concerning Labor-Management Cooperation Committees. Read more

Litigation – Prime Healthcare Services, Inc. v. Service Employees International Union et al. (RICO Lawsuit)

A health care system based in Ontario, California filed a lawsuit on August 25, 2014 under the Racketeer Influenced and Corrupt Organizations Act (RICO) against the Service Employees International Union (SEIU). It cites a labor-management partnership used to funnel money to the SEIU’s corporate campaign against health care systems. Read more

Litigation – Prime Healthcare Services, Inc. v. Service Employees International Union et al. (Anti-Trust Lawsuit)

A 2011 antitrust lawsuit filed by a health care system based in Ontario, California accused a labor-management partnership of producing phony studies meant to undermine competition to Kaiser Permanente and its employees. The committee is affiliated with the Service Employees International Union (SEIU). Read more

Organizational & Financial Information

Although the Labor-Management Cooperation Act of 1978 does not include specific reporting requirements for Labor-Management Cooperation Committees, the general public can glean limited information from IRS Form 990s, relevant provisions in collective bargaining agreements, and campaign finance reports. Read more

Activities and Expenditures

Labor-Management Cooperation Committees and Cooperative Trusts fund a broad range of activities, some of which may or may not conform to the broad, ambiguous purposes listed in the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a). Read more

Campaign Contributions

Attorneys for Labor-Management Cooperation Committees in California argue that such committees are legally permitted to make campaign contributions to state and local ballot measures. The practice is becoming more frequent. Read more

News Coverage and Journal Articles

Despite the millions of dollars sluicing through Labor-Management Cooperative Trusts, only a few specialists in labor policy issues know about the Labor-Management Cooperation Act of 1978 and Labor-Management Cooperation Committees. News coverage and academic research has been minimal. Read more