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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
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Subject:	Aug. 21 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 21, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


EEOC REVOKES POSITION ON RETIREE HEALTH PLANS, MEDICARE

The Equal Employment Opportunity Commission revokes its
position that employee benefit plans that either end or are
reduced when a retiree becomes eligible for Medicare violate
the Age Discrimination in Employment Act.

In a unanimous vote, the commission decides to rescind and
review its previous policy as set forth in its internal
compliance manual. The change means that the commission will
no longer litigate such so-called "Medicare bridge" cases
while it is reviewing the policy.

The commission "recognized the reality" that the previous
policy could have the practical effect of discouraging
employers from providing health care benefits for retirees
before they become eligible for Medicare, an EEOC spokesman
explains. An internal commission task force is currently
studying the issue and getting input from employers,
insurers, advocacy groups, and other stakeholders to examine
the issue further. The previous policy had been in effect
since October 2000. . . . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2k3a9_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2e8r9_


FIFTH CIRCUIT AGREES WITH NLRB THAT TEXAS FIRM COMMITTED
MANY ULPS

Plastics manufacturer Poly-America Inc. committed numerous
unfair labor practices relating to a 1996 work stoppage at
its plant in Grand Prairie, Texas, the Fifth Circuit rules,
upholding most of a National Labor Relations Board decision
("Poly-America Inc. v. NLRB, "5th Cir., No. 00-60013,
8/9/01).

The appeals court says substantial evidence supports the
board's findings that the company violated the National
Labor Relations Act by establishing and enforcing an overly
broad solicitation/distribution rule, threatening workers
with loss of wages and other detriments if they chose union
representation, interrogating workers about their union
activities, videotaping workers' union activities,
destroying union materials, and firing workers for engaging
in a work stoppage. The appeals court enforces the board's
order that Poly-America reinstate with back pay 19 workers
who participated in a work stoppage that began as an
economic strike and later turned into an
unfair-labor-practice strike. The company also must give
back pay to two workers suspended for insubordination after
refusing to stop distributing union material in the company
parking lot. . . . Page A-2 , Text E-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h8w7_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h9u7_


VERIZON AND CWA AGREE ON TENTATIVE ACCORD FOR 4,200 TEXAS
WORKERS

Verizon Communications and CWA reach a tentative agreement
on new three-year contracts for some 4,200 employees across
Texas.  The proposed settlement calls for annual wage
increases totaling 12 percent, upgrades for employees in
certain smaller communities, benefit improvements, and
continuation of a team performance award plan. The proposed
agreement would apply to some 4,000 employees, primarily
technicians and customer service representatives, throughout
the state.  A separate proposed agreement, covering about
200 employees at Verizon Logistics (formerly GTE)--a unit
that provides material handling, storage, and administrative
services--mirrors the larger contract.

The settlement also calls for annual increases of 6 percent,
or a total of 18 percent, for 1,400 employees working in
smaller communities to bring their pay scale in line with
the wages in more urban areas.  In the second year of the
contract, residential and customer service representatives
who work at large call centers in north Texas would receive
an additional 4 percent increase as an upgrade. Employees
also can earn bonuses of up to 4 percent of their base pay
under the team performance award plan, if their team meets
goals established by the business unit.  . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h5e1_


HARASSMENT POLICY NO DEFENSE TO ULP CHARGE AGAINST DIESEL
ENGINE MAKER

A North Carolina diesel engine manufacturer's investigation
of allegations that two workers "talked up" the union to
co-workers who felt harassed by the conversation, and the
company's decision to document the harassment charges, was a
violation of the employees' right to organize under the
National Labor Relations Act, the Fourth Circuit rules
("Consolidated Diesel Co. v. NLRB, "4th Cir., No. 00-2545,
8/15/01).

Pointing out that the pro-union workers were not abusive or
threatening in discussing the pros and cons of unionization,
Judge Wilkinson affirms the National Labor Relations Board's
order against Consolidated Diesel Co. It was no defense to
the unfair labor practice charge that the company had an
antiharassment policy prohibiting any unwelcome action
interpreted by the recipient or a third party as harassment.
"There would be nothing left of Section  7 rights if every
time employees exercised them in a way that was somehow
offensive to someone, they were subject to coercive
proceedings with the potential for expulsion," the court
writes, adding that "Section 7 rights are not that
vulnerable to the heckler's veto."  . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h6k7_


IRON WORKERS IN ST. LOUIS APPROVE THREE-YEAR ACCORD WITH
CONTRACTORS

Negotiators for Bridge, Structural, and Ornamental Iron
Workers Local 396 in St. Louis approve a new three-year
agreement with the Associated General Contractors and the
Erectors and Riggers Association that increases wage and
benefit payments by $4.50 per hour for about 1,500
union-represented iron workers.

The union's bargaining committee was authorized to ratify
the contract, which calls for wage and benefit increases of
$1.55 per hour in the first year, followed by increases of
$1.50 in the second year, and $1.45 in the third year. A new
program will provide a $100 payment to any journeyman who
completes 10 hours of training to upgrade skills during
nonwork hours.  . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h9f2_


______________

TODAY'S EVENTS
______________

EMPLOYMENT: The Bureau of Labor Statistics releases a report
on "Employment and Unemployment Among Youth: Summer 2001,"
10 a.m., Labor Department.

________________

ALSO IN THE NEWS
________________


LEADING INDICATORS: The index of leading economic indicators
posted its fourth straight gain in July, rising 0.3 percent,
the Conference Board reports, saying the index has grown at
an annual rate of 1.7 percent over the past six months. . .
. Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h7a0_

LABOR DEPARTMENT: President Bush announces his intention to
nominate W. Michael Cox, a Georgia manager and disability
activist who lost his vision in 1991, to head the Department
of Labor's Office of Disability Employment Policy. Cox
currently is a procurement specialist with the Westinghouse
Savannah River Co. . . . Page A-9

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2k7n0_

MINIMUM WAGE:  Oregon Gov. Kitzhaber (D) signs a bill (H.B.
2744b) barring local governments from establishing minimum
wages for the private sector. The measure allows local
governments to set minimum wages only for their own
employees and for employees of firms that perform contract
work for the local government.  . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2b8m5_


____

TEXT
____

AGE DISCRIMINATION: EEOC rescission of policy on ADEA and
retiree health benefits. . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2e8r9_

UNFAIR LABOR PRACTICES: Fifth Circuit decision in
"Poly-America Inc. v. NLRB. ". . . Page E-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h9u7_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

AGE DISCRIMINATION
   EEOC revokes its position that employee benefit plans
   that either end or are reduced when a retiree becomes
   eligible for Medicare violate the Age Discrimination in
   Employment Act . . . Page AA-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2k3a9_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2e8r9_


____

NEWS
____

AUTOS
   IAM Local 777, whose members have been on strike since
   Aug. 1, and the St. Louis Auto Dealers Association are
   called back to the bargaining table by a federal mediator
   . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2g4f7_

COMMUNICATIONS
   Verizon Communications and CWA reach a tentative
   agreement on new three-year contracts covering some 4,200
   employees across Texas . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h5e1_

CONSTRUCTION
   Iron Workers Local 396 in St. Louis and the Associated
   General Contractors and the Erectors and Riggers
   Association reach a three-year agreement that increases
   wage and benefit payments by $4.50 per hour for about
   1,500 union-represented iron workers . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h9f2_

FMLA
   Congress did not validly abrogate the states' 11th
   Amendment immunity from money damages suits brought by
   state employees under the personal medical leave
   provision of the Family and Medical Leave Act, a divided
   Eleventh Circuit rules in affirming dismissal of a New
   Hampshire state employee's claim . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q0q0w7_

INTERNATIONAL LABOR
   Union representatives and management of Volkswagen de
   Mexico continue negotiations at Mexico's Labor Ministry
   to end a strike affecting 16,000 workers at the company's
   plant in the state of Puebla . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2k5h8_

LABOR DEPARTMENT
   President Bush announces his intention to nominate W.
   Michael Cox, a Georgia manager and disability activist
   who lost his vision in 1991, to head the Department of
   Labor's Office of Disability Employment Policy . . . Page
   A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2k7n0_

MINIMUM WAGE
   Oregon Gov. Kitzhaber (D) signs a bill (H.B. 2744b)
   barring local governments from establishing minimum wages
   for the private sector . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2b8m5_

NLRA
   North Carolina diesel engine manufacturer's investigation
   of allegations that two workers "talked up" the union to
   co-workers who felt harassed by the conversation, and the
   company's decision to document the harassment charges,
   were violations of the employees' right to organize under
   the NLRA, the Fourth Circuit rules . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h6k7_

RACE DISCRIMINATION
   Former security guard, who was terminated for bringing a
   handgun and loaded clip to work, failed to show he was
   fired for racial reasons, but overcame summary judgment
   on his claim of retaliatory demotion, the Seventh Circuit
   rules, reversing in part a district court's decision . .
   . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2c6f4_

SAFETY & HEALTH
   Review of the reproductive risks of two bromopropane
   chemicals is planned by the National Toxicology Program
   at OSHA's behest . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2c5p0_

SEX DISCRIMINATION
   Eleventh Amendment does not bar Title VII sex
   discrimination claims brought by men against a state
   employer, just as it does not bar such claims brought by
   women, the Eighth Circuit says . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2c4j0_

TELECOMMUTING
   Federal income tax credits will be offered to businesses
   that participate in a voluntary pilot e-commute program
   by local companies and government officials in Houston
   and four other major metropolitan areas . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2c5j7_

UNFAIR LABOR PRACTICES
   Plastics manufacturer Poly-America Inc. committed
   numerous unfair labor practices relating to a 1996 work
   stoppage at its plant in Grand Prairie, Texas, the Fifth
   Circuit rules, upholding most of an NLRB decision . . .
   Page A-2,  Text E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h8w7_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h9u7_


_____________

ECONOMIC NEWS
_____________

LEADING INDICATORS
   Index of leading economic indicators posted its fourth
   straight gain in July, rising 0.3 percent, the Conference
   Board reports . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h7a0_


____

TEXT
____

AGE DISCRIMINATION
   EEOC rescission of policy on ADEA and retiree health
   benefits . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2e8r9_

UNFAIR LABOR PRACTICES
   Fifth Circuit decision in "Poly-America Inc. v. NLRB" . .
   . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h9u7_


_______

JOURNAL
_______

MEETINGS
   Calendar of meetings, courses, and seminars . . . Page
   Z-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q0z7p1_


______________

TABLE OF CASES
______________

Consolidated Diesel Co. v. NLRB (4th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h6k7_

Dunn v. Nordstrom Inc. (7th Cir.) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2c6f4_

Laro v. New Hampshire (11th Cir.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q0q0w7_

Maitland v. University of Minn. (8th Cir.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2c4j0_

Poly-America Inc. v. NLRB (5th Cir.) . . . Page A-2,  Text
E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h8w7_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q2h9u7_

   __________
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