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 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
Sent:	Tuesday, October 16, 2001 11:08 PM
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Subject:	Oct. 17 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
October 17, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


SENATE COMMITTEE APPROVES NOMINATION OF SCALIA FOR LABOR
SOLICITOR

By a vote of 11-10, the Senate Health, Education, Labor, and
Pensions Committee approves President Bush's nomination of
Eugene Scalia to hold the Labor Department's top legal
position. Sen. Jeffords (I-Vt.) is the sole member of the
Democratic caucus to vote in favor of Scalia to be solicitor
of labor.

In discussion before the vote, Democrats protest the
nomination, citing Scalia's written positions on a number of
issues, including workplace safety, discrimination, and
child labor. Republicans on the committee respond that
Scalia's record shows nothing but the successful career of
an aggressive lawyer.

The committee's ranking Republican, Sen. Gregg (R-N.H.) ,
says Scalia has "a brilliant mind" and is "exactly what we
should be looking for" in a public servant. Bush's
nomination of Scalia, an employment lawyer and partner in
the Washington, D.C., office of Gibson, Dunn, & Crutcher,
has drawn criticism from congressional Democrats and the
AFL-CIO, largely due to his critical views of the
Occupational Safety and Health Administration's effort to
regulate ergonomics in the workplace. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p9g3_


NLRB REAFFIRMS MERE NEGLIGENCE IN HIRING HALL REFERRAL NOT
ILLEGAL

On remand from an appeals court, the National Labor
Relations Board reaffirms its previous view that a union's
inadvertent errors in operating an exclusive hiring hall do
not violate the union's duty of fair representation or
constitute an unfair labor practice ("Steamfitters Local 342
(Contra Costa Elec. Inc.), "336 N.L.R.B. No. 44, 9/28/01
[released 10/15/01]). The board first ruled 4-1 in September
1999 that Steamfitters Local 342 did not act illegally by
mistakenly referring several lower-priority workers to a
construction project, ahead of union member Joe Jacoby.
However, the District of Columbia Circuit reversed and
remanded the case, directing the board to reconsider its
reasoning.

In its second decision, the board again rules the
Steamfitters' mistake in not referring Jacoby right away did
not violate the union's duty of fair representation or
constitute an unfair labor practice because the mistake was
not deliberate. The board again overrules its 1992 decision
in "California Erectors" and other later decisions that take
an inconsistent view. The board relies on board decisions
prior to 1992, instead of the two Supreme Court decisions it
relied on in its first decision in the case. . . . Page A-6
, Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p3y2_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v8m3d3_


ASSISTANCE PLAN TARGETED TO WORKERS 'IN NEED,' CHAO SAYS

Labor Secretary Elaine L. Chao tells the House Education and
Workforce Committee that President Bush's recent plan to
assist dislocated workers is an "extremely nimble" proposal,
one that is "targeted at workers in need." Bush has
announced plans to make available a new package of
unemployment insurance benefits and emergency grants for
states hard hit by job losses related to the disaster. Labor
Department estimates put the cost of the 13 weeks of
additional unemployment insurance benefits, which would be
available for an 18-month period, at between $5 billion and
$8 billion.

 The benefits would be available to those who have exhausted
their 26 weeks of regular unemployment insurance in states
where the total unemployment rate has increased 30 percent
above the Sept. 11 level. According to Labor Department
calculations, between 2.2 million and 2.3 million unemployed
workers would receive assistance under the new program, Chao
says. Bush also has proposed that $3 billion of the $40
billion emergency supplemental appropriations be made
available in the form of national emergency grants to states
experiencing mass layoffs or plant closings. These grants
could be used as cash payments for workers to pay health
care premiums, cover job training costs, or extend financial
assistance to those who otherwise are not  eligible. . . .
Page A-13

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0t2g0_


COURT DENIES CLASS CERTIFICATION IN RACE CASE AGAINST
GEORGIA UTILITY

A federal judge in Atlanta denies class certification in a
race discrimination lawsuit against Atlanta-based electric
utility the Southern Co. and its subsidiary Georgia Power
Co., ruling that the claims of the potential class members
were not sufficient to show a widespread pattern and
practice of discrimination ( "Cooper v. Southern Co., "N.D.
Ga., No. 1:00-CV-2231, 10/11/01 ).

In a 90-page opinion, Judge Evans of the U.S. District Court
for the Northern District of Georgia also finds that the
case, brought by seven present and past employees of Georgia
Power and the Southern Co., would be overwhelmed by the
individual claims of the proposed class of 2,400 African
American employees and that a class action was an
inefficient means for bringing the claims.

The suit, filed in July 2000, alleged a pattern and practice
of discrimination against African American employees with
respect to job opportunities--including opportunities for
advancement and promotion--as well as "reckless indifference
to a workplace environment that breeds racial animus." At
the core of the harassment complaints were charges that
nooses were a widespread fixture throughout the workplace. .
. . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0n1c5_


STARING ACTIONABLE UNDER CALIFORNIA SEXUAL HARASSMENT LAW,
COURT SAYS

An assembly line employee who said a co-worker stared at her
several times a day, sometimes for five to 10 minutes at a
time, after she complained to management about his unwelcome
sexual advances sufficiently stated a claim for sexual
harassment under California's Fair Employment and Housing
Act, the California Court of Appeal rules ("Birschtein v.
New United Motor Manufacturing Inc.,  "Cal. Ct. App.,  No.
A090680,  10/9/01).

Reversing summary judgment for New United Motor
Manufacturing Inc., the court says Michelle Birschtein can
take to the jury her claim that co-worker George Bonillia's
actions violated FEHA's ban on workplace sexual harassment.
In addition, the court rules that Birschtein presented a
triable issue as to whether her claims of sexual harassment
occurring outside FEHA's one-year statute of limitations
were part of a series of sexually harassing events that
created a continuing violation of the act.  Finally, the
court reinstates her retaliation claim, rejecting the
employer's argument that the claim failed because Birschtein
did not allege the employer took an adverse action against
her. . . . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p2e4_


________________

ALSO IN THE NEWS
________________

INDUSTRIAL PRODUCTION: Industrial production fell 1.0
percent in September, the 12th month in a row that the
industrial sector has declined, the Federal Reserve reports.
The latest decline brought the industrial production index
down to 140.3 percent of its 1992 average from a revised
141.5 percent in August. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0n8b6_

EMPLOYEE BENEFITS: The Internal Revenue Service issues final
regulations describing the application of the Family and
Medical Leave Act to health coverage provided as part of a
tax code Section 125 cafeteria benefits plan. The
regulations, scheduled for publication in the Oct. 17
"Federal Register", include only minor clarifications and
changes from regulations proposed in 1995. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0h9d0_

WORKFORCE REDUCTIONS:  United Technologies Corp. announces
plans to cut 5,000 jobs over the next year, with 2,500 of
the job cuts expected to affect subsidiary Pratt & Whitney.
The announcement comes the day after Pratt & Whitney begins
contract negotiations with the International Association of
Machinists. . . . Page A-9

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0m1y4_


____

TEXT
____

FAIR REPRESENTATION: NLRB'S decision in "Steamfitters Local
342".. . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v8m3d3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

LABOR DEPARTMENT
   By 11-10 vote, Senate Health, Education, Labor, and
   Pensions Committee approves Eugene Scalia, President
   Bush's controversial nominee for Labor Department's top
   legal position . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p9g3_


____

NEWS
____

AIRLINES
   As House Republicans prepare for unveiling of their
   aviation security package, debate over baggage screeners
   heats up . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0r0m4_

CANADIAN ECONOMY
   Major collective bargaining agreements settled in Canada
   during August produced average annual wage increases of
   3.6 percent, up sharply from 2.9 percent average in both
   July and June, Human Resources Development Canada reports
   . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6e8e5_

CONSTRUCTION
   Greenbelt, Md., company that facilitates placement of
   foreign temporary trainees with American companies under
   J-1 visa program is an employer of these workers, NLRB
   Baltimore regional director determines . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0k7x8_

DISABILITIES
   State employees may sue state under Section 504 of
   Rehabilitation Act because act expressly waives immunity
   to suit for states that take federal money, Sixth Circuit
   holds . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v5h1y4_

EMPLOYEE BENEFITS
   IRS issues final regulations (TD 8966) describing
   application of Family and Medical Leave Act to health
   coverage provided as part of tax code Section 125
   cafeteria plan . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0h9d0_

EMPLOYMENT
   Labor Secretary Chao stresses that President Bush's
   recent plan to assist dislocated workers is "extremely
   nimble" proposal, one that is "targeted at workers in
   need" . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0t2g0_

FAIR REPRESENTATION
   On remand from federal appeals court, NLRB reaffirms 4-0
   its previous view that union's inadvertent errors in
   operating exclusive hiring hall do not violate union's
   duty of fair representation or constitute unfair labor
   practice . . . Page A-6,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p3y2_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v8m3d3_

HEALTH CARE EMPLOYEES
   More than 3,000 home health aides employed by Personal
   Touch Home Care in Jamaica, N.Y., will have opportunity
   to vote on whether they wish to be represented by SEIU .
   . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0j8e0_

PENSIONS
   IRS issues Revenue Ruling 2001-51 clarifying application
   of increases in limits on retirement benefits and
   contributions recently enacted as part of new tax
   legislation . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0q0f8_

RACE DISCRIMINATION
   Federal judge in Atlanta denies class certification in
   race discrimination lawsuit against Atlanta-based
   electric utility Southern Co. and subsidiary Georgia
   Power Co., ruling that claims of potential class members
   were not sufficient to show widespread pattern and
   practice of discrimination . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0n1c5_

SEXUAL HARASSMENT
   Assembly line employee who said co-worker stared at her
   several times a day after she complained to management
   about his unwelcome sexual advances sufficiently stated
   claim for sexual harassment under California's Fair
   Employment and Housing Act, California Court of Appeal
   rules . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p2e4_

STATE LAWS
   Bills to require employers to provide break time for
   employees to express breast milk and to apply California
   laws against workplace harassment to religious-affiliated
   health care institutions are signed by Gov. Davis (D) . .
   . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v5q8m4_

   California Gov. Davis (D) approves legislation (S.B. 975)
   to close what he calls loopholes that allow builders of
   public works to circumvent state's prevailing wage law .
   . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6j6f3_

   Legislation to increase workers' compensation benefits
   and create state labor agency are among half dozen
   significant labor-related bills vetoed by California Gov.
   Davis (D) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6m0m9_

TRADE
   President Bush meets separately with House Republican and
   Democratic members to gauge support for trade promotion
   authority legislation, which could come up for House vote
   soon . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0r1w7_

   World Trade Organization appears set to pull the plug on
   Doha, Qatar, as site of its planned November ministerial
   conference because of heightened security concerns . . .
   Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6f5a7_

WELFARE
   Witnesses addressing House subcommittee say increased
   educational opportunities for welfare recipients would
   allow individuals to retain better-paying jobs and
   increase chances for long-term independence. . . . Page
   A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6f9e8_

WORKFORCE REDUCTIONS
   Aerospace and technology conglomerate United Technologies
   Corp. plans to cut 5,000 jobs over next year, with 2,500
   cuts expected to affect subsidiary Pratt & Whitney . . .
   Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0m1y4_

   Unisys Corp. will cut 3,000 jobs by end of year . . .
   Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6f7e2_


______

TRENDS
______

EMPLOYMENT POLICIES
   From casual Fridays to pets in the office, relaxed
   workplace behavior extends beyond flexible work
   schedules, but some analysts, citing sagging economy and
   shrinking labor pool, forecast return to more formal
   business practices . . . Page B-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v4h1x5_


_________________

CONFERENCE REPORT
_________________

ALTERNATIVE DISPUTE RESOLUTION
   Leaders of Alliance for Education and Dispute Resolution
   discuss progress of mediation program for Department of
   Labor at session of Association for Conflict Resolution's
   first organizational meeting . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6m1p5_

   Michael Wolf, special assistant to FMCS director, says
   agency's aim in developing credentialing process for
   mediators is not to regulate, but to develop roster of
   outside mediators . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v6m2u5_


_____________

ECONOMIC NEWS
_____________

INDUSTRIAL PRODUCTION
   Industrial production fell 1.0 percent in September, 12th
   month in row that industrial sector has decreased,
   Federal Reserve says . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0n8b6_


____

TEXT
____

FAIR REPRESENTATION
   NLRB decision in "Steamfitters Local 342" . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v8m3d3_


______________

TABLE OF CASES
______________

Birschtein v. New United Motor Mfg. Inc. (Cal. Ct. App.) . .
. Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p2e4_

Cooper v. Southern Co. (N.D. Ga.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0n1c5_

Nihiser v. Ohio Envtl. Prot. Agency (6th Cir.) . . . Page
A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v5h1y4_

Steamfitters Local 342 (Contra Costa Elec. Inc.) (N.L.R.B.)
. . . Page A-6,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w0p3y2_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v8m3d3_

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