ID: enrondlr
PW: bnaweb22

 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Monday, June 18, 2001 11:03 PM
To:	BNA Highlights
Subject:	June 19 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
June 19, 2001
______________________________

ISSN 1522-5968

Registered Web subscribers can access the full text of these
articles by using the URL link supplied.

Information about becoming a subscriber or signing up for a
FREE Web trial is available at http://web.bna.com or call
BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
am - 7:00 pm (ET).
__________

HIGHLIGHTS
__________


SUPREME COURT ASKS SOLICITOR GENERAL TO FILE BRIEF ON ADA
'DIRECT THREAT'

The U.S. Supreme Court invites the solicitor general to
express the view of the Bush administration on the scope of
the "direct threat" defense available to employers under the
Americans with Disabilities Act ("Chevron U.S.A. Inc. v.
Echazabal, "U.S., No. 00-1406, "interim order" 6/18/01).
Chevron U.S.A. Inc. is seeking Supreme Court review of the
Ninth Circuit's 2-1 decision last October that employers
cannot exclude workers who do not pose a threat to the
health or safety of others in the workplace but may pose a
threat to their own health or safety. The three-judge panel
initially issued a unanimous decision in May 2000, but Judge
Trott later switched sides, and the court issued an amended
decision adding his dissent.

The appeals court reversed the summary judgment granted to
Chevron by a federal district court and allowed Mario
Echazabal, an oil refinery worker with hepatitis C, to
proceed with his ADA suit. The appeals court majority
rejected an Equal Employment Opportunity Commission
interpretive regulation stating that employers may assert a
direct threat defense regarding employees who pose a threat
only to their own health or safety, as well as those who
pose a threat to the health or safety of others. The Supreme
Court's action in requesting the federal government's view
indicates an interest in granting review of this case or
another case raising the same issue. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4w7u9_


HIGH COURT DECLINES TO RULE ON 'PEEK AT THE MERITS' STANDARD
OF REVIEW

The U.S. Supreme Court refuses to take up a West Coast
regional airline's appeal of a circuit court's decision to
only "peek at the merits" of the National Mediation Board's
decision that the airline interfered in a representation
election ("Horizon Air Industries Inc. v. NMB,  "U.S.,  No.
00-1297,  "cert. denied", 6/18/01).

The Ninth Circuit in a November 2000 opinion observed that
federal court jurisdiction under the Railway Labor Act over
NMB actions is "extraordinarily limited." The court adopted
a "peek at the merits" standard of review and affirmed that
the NMB did not act outside its statutory authority in
finding that Horizon Air Industries Inc. interfered in an
election involving the International Brotherhood of
Teamsters. The court also affirmed the NMB's order that the
employer post workplace notices explaining that a rerun
election was necessary due to the interference.  . . . Page
AA-2,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n1w2_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1m9_


BUSINESSES, LABOR SQUARE OFF OVER CONTRACTOR RESPONSIBILITY
RULES

Federal contractors square off against labor, civil rights,
and environmental groups regarding controversial contractor
responsibility rules that were suspended by the Bush
administration in April. The FAR Council is accepting
written comments until July 6 on a proposal to repeal the
regulation.

Speaking at an open hearing before the Federal Acquisition
Regulatory Council, representatives of contractors tell
council members that the Clinton administration's contractor
responsibility final rules are vague and unworkable and
would require contracting officers to make "unilateral
decisions" about a company's compliance with a wide range of
laws without clarifying how those laws relate to the
contract.

Supporters of the rules, on the other hand, tell the Far
Council that the rules are a logical extension of current
procurement law, clarifying the already vague requirement
that the federal government contract with businesses that
have "integrity and business ethics."  Labor and civil
rights groups also plan to run print advertisements in
several major newspapers this week calling for Bush to lift
the stay on the rule. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n8a7_


D.C. CIRCUIT DIRECTS NLRB TO EXPLAIN WHY NEW ELECTION NOT
REQUIRED

The National Labor Relations Board did not adequately
explain why union supporters' threatening conduct during an
election campaign did not require overturning a
representation election won by the union, the District of
Columbia Circuit rules ("Randell Warehouse of Ariz. Inc. v.
NLRB, "D.C. Cir., No. 00-1155, 6/12/01). The board certified
Sheet Metal Workers Local 359 to represent employees of
Randell Warehouse of Arizona Inc., ruling in a 4-1 decision
that photographing employees while distributing union
literature, without making any express or implied threats,
was not objectionable conduct.

The board overruled its 1988 decision in "Pepsi-Cola
Bottling Co. of Los Angeles", which held that a union
representative photographing employees, without giving an
explanation or justification, while the employees engage in
protected activity violates the National Labor Relations
Act. But the board declined to overrule its 1989 ruling in
"Mike Yurosek & Son Inc.", which ordered a new election
because a union representative threatened an anti-union
employee in connection with photographing employees'
campaign activity.

 Citing "at least three separate instances of potentially
threatening conduct" by union supporters, none of which was
connected directly to the photography, the appeals court
concludes the board should have considered the applicability
of "Mike Yurosek". . . . Page A-10,  Text E-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k4u0_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5h4m2_


AIRLINE EMPLOYEE'S CARPAL TUNNEL SYNDROME RULED NOT
PROTECTED DISABILITY

An American Airlines gate attendant with carpal tunnel
syndrome was not a disabled individual under the Americans
with Disabilities Act, the First Circuit rules
("Gelabert-Ladenheim v. American Airlines Inc., "1st Cir.,
No. 99-2324, 6/13/01).

The appeals court finds that since Lisa Gelabert-Ladenheim's
condition did not substantially limit her in the major life
activity of working and she was qualified for a broad range
of other jobs, she failed to meet the act's definition of
disabled.

"There is no question that carpal tunnel syndrome is a
physical impairment that has affected Gelabert's life," the
appeals court acknowledges, but its impact on her ability to
work was not substantial. "Gelabert's educational
background, skills, abilities, and work experience have
proven and continue to prove attractive to various
employers, her CTS notwithstanding," the First Circuit
holds, in affirming the judgment of a lower court. . . .
Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k9m3_


BNA DATA SHOW 4.3 PERCENT AVERAGE HIKE IN NEW
NONMANUFACTURING PACTS

 According to data compiled by BNA in the first 24 weeks of
2001, newly bargained contracts in the nonmanufacturing
(excluding construction) industry provide a weighted average
first-year increase of 4.3 percent, compared with 4.1
percent in 2000, while agreements in the manufacturing
sector produce a weighted average increase of 3.3 percent,
compared with 3.5 percent in 2000.

Major settlements in the latest report include a new
three-year contract between Boeing Co. and International
Association of Machinists; a four-year contract between
Northwest Airlines and the Aircraft Mechanics Fraternal
Association; and four-year contracts between the Mid-America
Regional Bargaining Association and Carpenters and Joiners
of America. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2h9p5_


________________

ALSO IN THE NEWS
________________

EMPLOYMENT: White-collar job opportunities will fall off
during the summer, providing further evidence of a weakening
job market, according to projections from 266 respondents to
BNA's latest quarterly employment survey. . . . Page D-14

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4w5f6_

STATE LAWS:  Maine Gov. King (I) vetoes a bill that would
have restricted hospitals and other health care facilities
from using government funds to fight union organizing. . . .
Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n3x2_

RETIREE BENEFITS: Representatives of Sears Roebuck & Co. and
its retired employees reach a tentative settlement in a suit
by retirees who allege the retailer violated the Employee
Retirement Income Security Act by modifying retiree life
insurance benefits. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4f8e6_


____

TEXT
____

SUPREME COURT: Summaries of labor and employment law cases
in which the U.S. Supreme Court denied review June 18, 2001.
. . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1m9_

REPRESENTATION ELECTIONS: District of Columbia Circuit's
Decision "In Randell Warehouse of Arizona Inc. v. NLRB". . .
. Page E-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5h4m2_

NLRB: National Labor Relations Board's weekly summary of
cases, dated June 15, 2001. . . . Page E-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4t1n5_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

DISABILITIES
   U.S. Supreme Court invites solicitor general to express
   Bush administration's view on scope of "direct threat"
   defense available to employers under ADA . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4w7u9_

RAILWAY LABOR ACT
   U.S. Supreme Court refuses to hear appeal by Horizon Air
   Industries of Ninth Circuit's ruling limiting review to
   "peek at the merits" of NMB decision finding airline
   interfered in representation election . . . Page AA-2,
   Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n1w2_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1m9_


____

NEWS
____

DISABILITIES
   First Circuit rules American Airlines gate attendant with
   carpal tunnel syndrome was not disabled under ADA . . .
   Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k9m3_

EMPLOYMENT
   Study by two psychologists finds most workers endure some
   form of mistreatment by others in workplace . . . Page
   A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4x3q6_

ERISA
   Ninth Circuit rules Ohio-based corporation does not have
   standing under ERISA to challenge San Francisco ordinance
   requiring city contractors to provide non-discriminatory
   benefits to employees with registered domestic partners
   because company did not suffer "discrete injury" . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4h3k4_

HEALTH CARE
   House Republican patients' bill of rights is expected to
   be introduced by the end of the week of June 18, and
   members likely will begin considering the measure the
   week of June 25 . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5r7y6_

LABOR DEPARTMENT
   Labor Secretary Chao announces former Assistant Secretary
   of Energy David Michaels will work as consultant to Labor
   Department in administering new compensation program for
   workers who become ill from exposure to hazards unique to
   nuclear weapons production and testing . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5p6z0_

LABOR LAW
   Federal contractors at FAR Council hearing square off
   against labor, civil rights, and environmental groups
   regarding controversial contractor responsibility rules
   suspended by Bush administration in April . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n8a7_

   Ten House members take to floor to support right of
   workers to organize as part of AFL-CIO's 2001 "Seven Days
   in June" campaign . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k7w7_

LITIGATION
   Federal judge in New York rules former General Electric
   Co. employee who prevailed on age discrimination claim is
   entitled to front pay representing difference between
   pensions he will receive from GE and current employer and
   amount he would have received from GE but for termination
   . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4w3c7_

NMB
   NMB Member DuBester to leave agency in July for faculty
   position at George Mason University . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n6z1_

POLITICS
   Republican National Committee asks FEC to put in public
   record thousands of pages of documents regarding
   enforcement case against AFL-CIO and Democratic Party . .
   . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4t1c2_

REPRESENTATION ELECTIONS
   D.C. Circuit rules NLRB did not adequately explain why
   union supporters' threatening conduct during election
   campaign did not require overturning representation
   election won by union . . . Page A-10,  Text E-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k4u0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5h4m2_

RETIREE BENEFITS
   California judge certifies class action alleging
   Hewlett-Packard Co. reneged on promise to provide
   retirees with lifetime rebates on purchases of company
   products . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4h1w6_

   Representatives of Sears Roebuck & Co. reach tentative
   settlement with retirees alleging retailer violated ERISA
   by modifying retiree life insurance benefits . . . Page
   A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4f8e6_

STATE LAWS
   Maine Gov. King (I) vetoes bill (L.D. 1394) that would
   have restricted hospitals and other health care
   institutions from using government funds to fight union
   organizing . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n3x2_

TRADE
   Senate Finance Committee begins drafting legislation that
   would renew administration's trade promotion authority
   that would not be open to amendment by Congress . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5p2c0_

TRANSPORTATION
   Chicago Transit Authority and Amalgamated Transit Union
   reach tentative three-year contract agreement covering
   nearly 3,000 transit workers . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n8y1_

UNEMPLOYMENT INSURANCE
   Labor Department's Employment and Training Administration
   seeks public comment on proposed revisions in collection
   of information from state unemployment insurance agencies
   . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5m0z3_

WORKFORCE REDUCTIONS
   Film and camera manufacturer Polaroid to eliminate 2,000
   jobs over next 18 months, with nearly half of cuts
   concentrated primarily in eastern Massachusetts . . .
   Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4h9h3_


_____________

ECONOMIC NEWS
_____________

COLLECTIVE BARGAINING
   Data compiled by BNA in first 24 weeks of 2001 finds
   newly bargained contracts in nonmanufacturing (excluding
   construction) industry provided weighted average first
   year gain of 4.3 percent, compared with 4.1 percent in
   2000, while agreements in manufacturing sector produced
   weighted average increase of 3.3 percent, compared with
   3.5 percent in 2000 . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2h9p5_

EMPLOYMENT
   Respondents to BNA's quarterly employment survey predict
   white-collar job opportunities will fall off during
   summer, providing further evidence of weakening job
   market . . . Page D-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4w5f6_


____

TEXT
____

SUPREME COURT
   Summaries of labor and employment law cases in which U.S.
   Supreme Court denied review June 18, 2001 . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1m9_

REPRESENTATION ELECTIONS
   District of Columbia Circuit's decision in "Randell
   Warehouse of Arizona Inc. v. NLRB" . . . Page E-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5h4m2_

NLRB
   NLRB's weekly summary of cases, dated June 15, 2001 . . .
   Page E-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4t1n5_


______________

TABLE OF CASES
______________

Chevron U.S.A. Inc. v. Echazabal (U.S.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4w7u9_

Gelabert-Ladenheim v. American Airlines Inc.  (1st Cir.) . .
. Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k9m3_

Hamilton v. Workers' Comp. Appeals Bd. (U.S.) . . . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1p9_

Hogan v. General Elec. Co. (N.D.N.Y.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4w3c7_

Horizon Air Indus. Inc. v. NMB (U.S.) . . . Page AA-2,  text
E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n1w2_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1m9_

Kahn v. Dean & Fulkerson PC (U.S.) . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1n9_

Leahy v. Merit Systems Protection Bd. (U.S.) . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1n4_

Leonard v. Hewlett-Packard Co. (Cal. Super. Ct.) . . . Page
A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4h1w6_

Phillips v. Compuware Corp. (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1q9_

Randell Warehouse of Ariz. Inc. v. NLRB  (D.C. Cir.) . . .
Page A-10,  text E-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k4u0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5h4m2_

S.D. Myers Inc. v. San Francisco (9th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4h3k4_

Sanghvi v. Frendel (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1r4_

Sears Retiree Group Life Ins. Litigation, In re  (N.D. Ill.)
. . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4f8e6_

Turner v. Worrell (U.S.) . . . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1p4_

Williams v. Corporate Express Delivery Sys. (U.S.) . . .
Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h4n1q4_

   __________
   Daily Labor Report (ISSN 1522-5968) Highlights are
   published daily by The Bureau of National Affairs, Inc.,
   1231 25th St., NW, Washington, DC 20037.

   For account information and changes, contact
   1-800-372-1033 (M-F, 8:30 am-7:00 pm ET)

   To request retransmission or to order a copy of the
   summarized article, contact 1-800-452-7773 or e-mail
   bnaplus@bna.com.

   For copyright guidelines, go to
   http://www.bna.com/corp/copyright.

   Copyright (c) 2001 by The Bureau of National Affairs,
   Inc.  Washington, D.C.  20037.  Use of this service is
   subject to the terms and conditions of the license
   agreement with BNA.  Unauthorized access or distribution
   is prohibited.