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 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
Sent:	Tuesday, November 13, 2001 11:16 PM
To:	BNA Highlights
Subject:	Nov. 14 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 14, 2001
______________________________

ISSN 1522-5968


__________

HIGHLIGHTS
__________


PAST DISCIPLINE CAN BE CONSIDERED IN REVIEW OF POSTAL
FIRING, JUSTICES SAY

In reviewing the reasonableness of a U.S. Postal Service
worker's termination for cumulative misconduct, the Merit
Systems Protection Board may consider past discipline of the
employee even if those actions are being grieved, the U.S.
Supreme Court rules, reversing a Federal Circuit decision
("USPS v. Gregory, "U.S., No. 00-758, 11/13/01).

Writing for the court, Justice O'Connor acknowledges that a
federal employee may be faced with a board decision that
reaches a different result than the grievance arbitrator
ultimately might reach, or never have his or her grievance
resolved because a collective bargaining agreement requires
union withdrawal of a grievance when the board issues a
final decision. There is nothing unfair in those results,
however, the court says, because a union-represented federal
employee who elects to pursue a board appeal does in fact
receive an independent review of the reasonableness of the
agency's discipline.

 Nevertheless, the court remands the case involving Postal
Service employee Maria A. Gregory--who was accused in
September 1997 of deliberately inflating an overtime
request--because one of the three minor disciplinary actions
relied on by MSPB in its ruling was decided in Gregory's
favor by an arbitrator prior to the its decision. . . . Page
AA-1,  Text E-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1j0w1_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_


SUPREME COURT LETS STAND RULING THAT UNION'S TORT CLAIMS NOT
PREEMPTED

The U.S. Supreme Court lets stand an appeals court ruling
that the National Labor Relations Act does not preempt state
law tort claims by union representatives who were detained
by a nonunion contractor for trespassing on its jobsite
("Rainbow Constr. Co. v. Radcliffe, "U.S., No. 01-424,
"cert. denied" 11/13/01). Rainbow Construction Co. sought
review of a June decision by the Ninth Circuit that allowed
four representatives of the Bay Counties District Council of
Carpenters to proceed with claims of false arrest, false
imprisonment, and malicious prosecution.

The union representatives inspected various publicly
financed construction projects in Mendocino County, Calif.,
to investigate allegations that contractors were not
complying with prevailing wage and health and safety rules.
On three occasions, Rainbow made citizen's arrests of three
of the union representatives, who were then taken into
police custody. The county district attorney prosecuted all
four officials for criminal trespass. California trespass
law does not allow property owners to exclude persons
engaged in lawful union activity. The Ninth Circuit decided
California's interests in protecting its citizens were
sufficient to avoid preemption. . . . Page AA-2,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r7z4_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_


IOWA MAYTAG WORKERS END STRIKE AFTER ACCEPTING THREE-YEAR
CONTRACT

Workers return to Maytag's Middle Amana, Iowa, manufacturing
plant after voting to accept a new contract, effective
immediately and running until September 2004. The vote ends
a seven-week strike by some 1,800 employees represented by
the Machinists at the refrigerator and microwave oven
manufacturing plant.

The new contract addresses three issues that prompted the
strike: mandatory overtime; a two-tiered wage system; and
health insurance premium increases. Ed Miller, business
representative for IAM Local 1526, says although union
members are not entirely satisfied with the changes, they
approved the contract in the belief it was the best that
could be achieved this year. The union recommended approval
of the pact. According to Miller, the contract calls for an
hourly pay increase of $1.47 over term, with a 60-cent raise
this year, 46 cents next year, and 41 cents in late 2003.
Average pay at the plant is currently $14.40 per hour. New
hires will receive 80 percent of the previous minimum pay
and will not reach the top of the pay scale as quickly as
under the previous contract.

Maytag proposed increasing mandatory overtime to 12 hours
per week per worker, but the union was able to keep it to
eight hours per week per employee, Miller says. Union
negotiators were less successful in addressing their
concerns with health insurance, and the new contract
includes both higher premiums in the last year of the
contract and reduced benefits. A Maytag spokesman says the
company is pleased with the contract agreement. . . . Page
A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1q0c8_


HIGH COURT REFUSES TO CONSIDER VICARIOUS LIABILITY FOR
SEXUAL HARASSMENT

The U.S. Supreme Court refuses to review an appeals court's
decision upholding a jury's verdict that a mine owner was
vicariously liable for sexual harassment because the company
failed to exercise reasonable care to prevent the harassment
of a female miner by her male boss ("Eddy Potash Inc. v.
Harrison,  "U.S.,  No. 01-383,  "cert. denied," 11/13/01).

Eddy Potash Inc., which operated an underground potash mine
near Carlsbad, N.M., asked the justices to overturn the
Tenth Circuit's decision to affirm a jury's finding for
Jeanne Harrison. In this case's second trip to the Supreme
Court, Eddy Potash urged the court to revisit its decisions
in ""Faragher v. Boca Raton"" and "Burlington Indus. Inc. v.
Ellerth" because, it argued, those decisions did not address
whether an employer should be held vicariously liable for
sexual harassment by a supervisor where both the employer
and the employee have acted reasonably. . . . Page AA-3,
Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1v3d1_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_


WORK CHANGES AFTER HARASSMENT CHARGE JUSTIFY TRIAL ON
RETALIATION CLAIM

A Philadelphia Housing Authority worker can proceed to trial
with her claim of illegal retaliation under Title VII of the
1964 Civil Rights Act, based on her allegations that she was
given additional work and shift changes after participating
in the sexual harassment complaint of a co-worker  ("Jenkins
v. Philadelphia Housing Authority, "E.D. Pa., No. 00-CV-609,
10/24/01).

Monique Jenkins established "sufficient evidence of a
possible causal link" between her claim of the job changes
and her protected activity under the federal civil rights
law to warrant a trial, Judge Buckwalter of the U.S.
District Court for the Eastern District of Pennsylvania
holds.

Although dismissing Jenkins' other claims against her
employer, the court finds that comments from some of her
supervisors, who referred to her as a "snitch" and "not a
team player," support her allegation of retaliation. . . .
Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r8j1_


______________

TODAY'S EVENTS
______________

COMPENSATION: Bureau of Labor Statistics to release,
"Occupational Employment and Wages in 2000" report, 10 a.m.,
Labor Department.

RETAIL SALES:  Retail sales figures for October released,
8:30 a.m., Commerce Department.

________________

ALSO IN THE NEWS
________________


EMPLOYEE BENEFITS: The Internal Revenue Service issues
proposed regulations that would require the payment of
Social Security and unemployment insurance taxes upon the
exercise of statutory stock options. The proposed regulation
is scheduled for publication in the Nov. 14 "Federal
Register". . . . Page  A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1v9g9_

INTERNATIONAL LABOR: One year after Myanmar (Burma) agreed
to outlaw forced labor, the practice is still widespread,
according to a report by the International Labor
Organization. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1p3u9_

FEDERAL EMPLOYEES: Federal employees will get a 4.6 percent
average pay increase in 2002 under terms included in the
Treasury-Postal appropriations bill signed into law by
President Bush. The fiscal year 2002 Treasury, Postal
Service, and General Government appropriations statute (Pub.
L. 107-67) also includes a provision that will allow
agencies to create permanent child-care tuition subsidy
programs for their lower-income employees. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r5y3_


____

TEXT
____

SUPREME COURT: Summaries of labor and employment law cases
in which Supreme Court denied review Nov. 13, 2001. . . .
Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

FEDERAL EMPLOYEES: U.S. Supreme Court decision in "USPS v.
Gregory." . . . Page E-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

FEDERAL EMPLOYEES
   Merit Systems Protection Board may consider past
   discipline of Postal Service worker fired for cumulative
   misconduct even if those actions are being grieved, U.S.
   Supreme Court rules . . . Page AA-1,  Text E-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1j0w1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a0g2m7a2_

LABOR LAW
   High court lets stand appeals court ruling that National
   Labor Relations Act does not preempt state law tort
   claims by union representatives detained by nonunion
   contractor for trespassing on its job site . . . Page
   AA-2,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r7z4_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

PENSIONS
   Justices decline to review separate appeals filed by
   employer and retirees challenging appeals court's ruling
   on applicability of ERISA's "fraud and concealment"
   provision to claims that employer breached its fiduciary
   duties in terminating retiree health insurance . . . Page
   AA-4,  Text E-1 E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1m7h8_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

SEXUAL HARASSMENT
   U.S. Supreme Court refuses to consider appeals court's
   endorsement of jury verdict that mine owner was
   vicariously liable for sexual harassment . . . Page AA-3,
   Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1v3d1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_


____

NEWS
____

ECONOMIC OUTLOOK
   Three of four key economic indicators point to recession,
   with only personal income continuing to rise, National
   Bureau of Economic Research says . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1v2a6_

ERISA
   Southwestern Bell's calculation of retired sales
   representative's pension benefits was "legally correct,"
   Fifth Circuit holds . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1m7e4_

FEDERAL EMPLOYEES
   Federal employees will get 4.6 percent average pay
   increase in 2002 under terms of Treasury-Postal
   appropriations bill signed by President Bush . . . Page
   A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r5y3_

INTERNATIONAL LABOR
   ILO report says one year after Myanmar (Burma) agreed to
   outlaw forced labor, practice is still widespread . . .
   Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1p3u9_

MANUFACTURING
   Workers return to Maytag's Middle Amana, Iowa,
   manufacturing plant after ratifying new three-year
   contract . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1q0c8_

NAFTA
   With January deadline approaching to allow Mexican trucks
   to travel freely throughout United States, Senate
   appropriators move toward administration position,
   offering "compromise" provisions on balancing safety and
   free trade . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1w5q4_

PENSIONS
   Third Circuit finds that IBEW pension fund acted properly
   when it refused to bridge service credits of former plan
   trustee . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1m7f8_

RETALIATION
   Philadelphia Housing Authority worker can proceed to
   trial with her claim of illegal retaliation under Title
   VII of 1964 Civil Rights Act . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r8j1_

TAXES
   IRS issues proposed regulations (REG-142686-01) to
   require payment of Social Security and unemployment taxes
   upon exercise of statutory stock options . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1v9g9_

TRADE
   House Majority Leader Armey (R-Texas) signals that it is
   unlikely that House will consider trade promotion
   authority this week . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1v2q4_

   Increasingly bitter battle between developed and
   developing country members of WTO over agenda for new
   round of global trade talks leaves prospects for launch
   of round in delicate state . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1w9t7_

   National Association of Manufacturers disagrees with
   results of recent analysis by Economic Policy Institute
   that more than 3 million U.S. jobs have been lost since
   1994 because of NAFTA . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1t9c3_

UNEMPLOYMENT
   As Senate begins debating Democrat-sponsored economic
   stimulus measure (H.R. 3090), Republican leaders indicate
   willingness to compromise on extending unemployment
   benefits to states . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1w5k4_


____

TEXT
____

SUPREME COURT
   Summaries of labor and employment law cases in which U.S.
   Supreme Court denied review . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

FEDERAL EMPLOYEES
   U.S. Supreme Court decision in "USPS v. Gregory" . . .
   Page E-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_


______________

TABLE OF CASES
______________

Bernofsky v. Administrators of Tulane Educ. Fund (U.S.) . .
. Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f7z4_

Bew v. Chicago (U.S.) . . . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8a9_

Corrigan v. Imaginetics Inc. (U.S.) . . . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8a4_

Dachman v. Thompson (U.S.) . . . Page E-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8e4_

Eddy Potash Inc. v. Harrison (U.S.) . . . Page AA-3,  Text
E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1v3d1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

Foley v. International Bhd. of Elec. Workers Local Union 98
Pension Fund (3d Cir.) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1m7f8_

Gosselink v. American Tel. & Tel. Inc. (5th Cir.) . . . Page
A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1m7e4_

Jenkins v. Philadelphia Hous. Auth. (E.D. Pa.) . . . Page
A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r8j1_

Lindamood v. Office of State Attorney, Ninth Judicial Cir.
of Fla. (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8c4_

Liner v. Dontron Inc. (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8c9_

Otto v. SEC (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8d4_

Rainbow Constr. Co. v. Radcliffe (U.S.) . . . Page AA-2,
Text E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1r7z4_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

Tonnies v. Unisys Corp. (U.S.) . . . Page AA-4,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1m7h8_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

Transocean Terminal Operators Inc. v. Taylor (U.S.) . . .
Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8b9_

Unisys Corp. v. Tonnies (U.S.) . . . Page AA-4,  Text E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1m7h8_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1f8e0_

USPS v. Gregory (U.S.) . . . Page AA-1,  Text E-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1j0w1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y1b9u3_

   __________
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