User ID:  enrondlr
PW:        bnaweb22


 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
Sent:	Thursday, November 15, 2001 11:16 PM
To:	BNA Highlights
Subject:	Nov. 16 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 16, 2001
______________________________

ISSN 1522-5968


__________

HIGHLIGHTS
__________


HOUSE, SENATE CONFEREES AGREE ON AIRPORT SECURITY COMPROMISE

House and Senate conferees agree on a compromise airport
security bill that would require baggage screeners to be
federal employees for two years. After two years, the
agreement would allow individual airports to "opt out" of
the federal system if they meet certain standards.  The bill
also allows a one-year transition period after enactment for
airports to move to the federalized system. During the
transition period, the federal government would oversee the
contracting companies that employ current baggage screeners.

Leaders in the Senate and the House have signed off on the
deal, and both chambers are scheduled to vote on the
conference report Nov. 16.  Lawmakers from both parties
expect the bill to pass.

Senate Majority Leader Daschle (D-S.D.) calls the agreement
"a big victory" and says he expects "broad bipartisan
support" for the measure. House Speaker Hastert (R-Ill.)
hails the agreement, noting that in addition to baggage
screeners, it places airline mechanics and food servers
under federal supervision, and it requires federal
supervisors to be present at all boarding gates. . . . Page
AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4e6k6_


SEVENTH CIRCUIT SAYS CHEMICAL FIRMS MUST ARBITRATE POST-SALE
DISPUTE

A chemical company that sold part of a facility to another
chemical company must arbitrate a union's claim that a
bargaining contract requires the two companies to continue
using a unified seniority list and allow transfers between
the two units, the Seventh Circuit rules ("CK Witco Corp. v.
Paper, Allied-Industrial, and Chemical Employees Local
60-807, "7th Cir., No. 00-3413, 11/9/01). CK Witco Corp. and
the Paper, Allied-Industrial, and Chemical Employees
negotiated a contract covering a facility in Mapleton, Ill.
The contract stated it would be binding upon any purchaser.
Witco sold one of two plants at the facility to Goldschmidt
Chemical Corp. during the term of the contract. The union
objected when the two companies prepared separate seniority
lists and prohibited employee transfers between the two
plants.

Reversing summary judgment for Witco and Goldschmidt, the
appeals court decides the bargaining contract's arbitration
provision covers the dispute. "[T]he employees in each
[plant] possess a contractual entitlement against their
respective current employer to maintenance of the 'full
force and effect' of the [bargaining contract] in the event
of a sale," Judge Williams writes. "The scope of that
entitlement and the attendant duty on the employers is a
matter for the arbitrator to resolve," she says. . . . Page
A-1,  Text E-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4b3g6_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u5x6_


HOUSE APPROVES RETIREMENT ADVICE MEASURE

The House votes 280-144 to approve legislation that would
allow financial institutions that administer qualified
employer-sponsored defined contribution retirement plans to
provide investment advice to plan participants without
employers being liable for specific advice. The Retirement
Security Advice Act (H.R. 2269) would create a new exemption
from the Employee Retirement Income Security Act's
prohibited transaction rules. It would also require
qualified investment advisers--registered financial
institutions and their employees--to disclose to
participants relevant fees and material affiliations with
investment products.

The House rejects by a 243-180 vote a substitute that sought
to address lingering concerns among some Democrats. The
substitute called for model forms for making disclosures,
registration of all financial institution employees that
provide advice, enhanced legal remedies for breach of
fiduciary duty, and the provision of an alternate
independent adviser if the designated adviser has a
potential conflict of interest. . . . Page A-13

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4d3z5_


MICHIGAN ECONOMISTS EXPECT SHORT RECESSION

The U.S. economy is in a recession that should be short and
shallow, economists at the University of Michigan Economic
Outlook Conference predict. They say they expect lower
interest rates and higher federal spending to pull the
economy out of decline.

Recovery should be under way by next spring, says Saul H.
Hymans, UM professor of economics. "I peg the length of the
recession at two, maybe three quarters," he says. No one
industry will lead the way out of the recession, as growth
resumes during the second quarter of 2002, Hymans says. . .
. Page A-13

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4d3z5_


SURVEY FINDS 63 PERCENT OF EMPLOYERS GRANTING THREE YEAR-END
HOLIDAYS

The calendar bodes well for workers this holiday season, as
Christmas and New Year's Day fall on Tuesdays, giving
employees an excellent shot at some "extra" time off,
according to BNA's latest annual survey of year-end holiday
plans.

More than three out of five surveyed employers (63 percent)
will grant at least three paid days off for the holiday
season, up from 49 percent in 2000-2001, when Christmas and
New Year's Day fell on Mondays. Workers stand a good chance
of enjoying an extended holiday weekend, as a majority of
responding organizations have a full paid day off slated for
Christmas Eve (Monday, Dec. 24). Employers' holiday
scheduling continues to be slightly more conservative than a
decade ago, when, for example, in 1990-1991, a year when the
national holidays also fell on Tuesday, seven out of 10
companies gave workers at least three days off. . . . Page
C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/A0A4Y4K6N6_


______________

TODAY'S EVENTS
______________

CONSUMER PRICES: Consumer price figures for October
released, 8:30 a.m., Labor Department.

REAL EARNINGS: Real earnings figures for October released,
8:30 a.m., Labor Department.

________________

ALSO IN THE NEWS
________________


UNEMPLOYMENT INSURANCE: New unemployment insurance claims
for the week ending Nov. 10 fell to 444,000, a decrease of
8,000 from the previous week's revised figure of 452,000,
according to the Employment and Training Administration. . .
. Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3p3m7_

CIVIL RIGHTS COMMISSION: President Bush names Jennifer
Cabranes Braceros to be a member of the U.S. Commission on
Civil Rights. Braceros will replace Yvonne Lee, whose term
expires in December. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4a9e1_

TEAMSTERS: Incomplete results in the International
Brotherhood of Teamsters' election of officers show current
President James P. Hoffa with a solid lead over challenger
Tom Leedham. The vote count is expected to be completed by
Nov. 16. . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u4a5_

LAYOFFS: The Bureau of Labor Statistics reports that the
number of extended mass layoff events rose sharply in the
third quarter compared with a year ago. . . . Page D-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4a2x9_


____

TEXT
____

NLRB: NLRB's weekly summary, dated Nov. 16. . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3q6n1_

ARBITRATION: Seventh Circuit decision in "CK Witco Corp. v.
Paper, Allied-Industrial, and Chemical Employees Local
60-807". . . . Page E-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u5x6_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

AIRLINES
   House and Senate conferees announce agreement on
   compromise airport security bill that would require
   baggage screeners to be federal employees for two years .
   . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4e6k6_


____

NEWS
____

ARBITRATION
   Chemical company that sold part of facility to another
   company must arbitrate union's claim that bargaining
   contract requires two companies to use unified seniority
   list and allow transfers between two units, Seventh
   Circuit  rules . . . Page A-1,  Text E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4b3g6_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u5x6_

AUTOS
   Auto Workers at DaimlerChrysler AG's three-factory
   assembly complex in Toledo, Ohio, give union leaders
   authorization to call strike within next 60 days over
   what union says are safety and health concerns related to
   mandatory overtime . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4c6z9_

CIVIL RIGHTS COMMISSION
   President Bush names Jennifer Cabranes Braceros to be
   member of Civil Rights Commission . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4a9e1_

COMMUNICATIONS WORKERS
   CWA temporarily takes over administration of Portland
   local . . . Page A-16
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3t7k3_

CONSTRUCTION
   Handwritten notations on construction labor agreements
   between nonunion builder and union were ambiguous, and
   therefore did not put union benefit fund administrator on
   notice that agreements had been modified, Sixth Circuit
   rules . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4b1t7_

   Two brothers who serve as principals of several Long
   Island, N.Y., construction companies plead guilty to
   charges that they conspired to pay off organized crime
   figures and union officers in return for guarantees of
   labor peace . . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4e7f8_

DISCRIMINATION
   More than 300 current and former female custodial workers
   employed by Architect of the Capitol (AOC) obtain court
   approval of $2.5 million settlement resulting from pay
   equity lawsuit . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3z8m0_

EMPLOYEE BENEFITS
   Attachment to employment offer did not amend employer's
   severance plan, and thus former employee who accepted
   offer may not rely on attachment in claim for severance
   pay, federal district court rules . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3v8d3_

ERISA
   Chicago law firm did not interfere with attorney's right
   to increase in her gross salary as reimbursement for
   health insurance premiums deducted from her salary where
   "gross-up" plan was not governed by ERISA, Seventh
   Circuit rules . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y2p7a0_

IMMIGRATION
   House Judiciary Committee approves legislation (H.R.
   3030) to extend for two years voluntary pilot program
   that allows employers to electronically verify work
   authorization documents . . . Page A-16
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3t7m1_

INTERNATIONAL LABOR
   Historic first collective bargaining agreement reached
   between Canadian Auto Workers and Intier Automotive Inc.
   opens door for further organizing . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y2x2t7_

   ILO says global economic stimulus package is needed to
   revive sagging economies and provide boost to national
   employment in many countries . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u1v7_

NLRB
   Regular mail service for NLRB's Manhattan office is
   restored . . . Page A-16
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4c2v8_

PENSIONS
   House approves by 280-144 vote legislation that would
   allow financial institutions that administer qualified
   employer-sponsored defined contribution retirement plans
   to provide investment advice to plan participants without
   employers being liable for specific advice . . . Page
   A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4d3z5_

SAFETY & HEALTH
   Heirs of employee fatally injured while working for
   independent contractor cannot recover damages from owner
   of premises where injury occurred, Sixth Circuit rules .
   . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4b0n7_

   OSHA releases manual describing best practices for
   working around metalworking fluids . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4c5b8_

   Risks posed by pesticide chlorpyrifos are acceptable to
   EPA if some changes are made in how products are used to
   mitigate risks to workers and environment . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3q8q1_

SHIPBUILDING
   Members of Marine Draftsmen's Association vote to ratify
   new 54-month labor contract with Electric Boat . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4a9k7_

TEAMSTERS
   With ballot count incomplete, incumbent Teamsters
   President Hoffa appears to have established solid lead
   over challenger Leedham . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u4a5_

TRANSPORTATION
   Sen. Gramm (R-Texas) says he opposes new bipartisan
   proposal to restrict Mexican trucks from traveling
   throughout United States because it treats Mexico and
   Canada differently and violates NAFTA . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4c7b6_

UNEMPLOYMENT
   After Democrat-supported economic stimulus is pulled from
   Senate floor, Republicans and Democrats hurl accusations
   at each other over inability to begin bipartisan
   negotiations . . . Page A-15
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4f6r1_

   Washington, D.C., government and organized labor announce
   opening of one-stop unemployment center at AFL-CIO
   headquarters . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4c4j6_

WRONGFUL DISCHARGE
   Wal-Mart photo processing employee who was terminated for
   informing police of questionable customer photos fails to
   gain new trial on claim that discharge violated Nebraska
   law . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3f3z2_


_________________

CONFERENCE REPORT
_________________

CONSUMER CONFIDENCE
   Consumer confidence has fallen in 2001 but is not as low
   as some reports indicate, University of Michigan
   economist says . . . Page B-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4a8y0_

ECONOMIC OUTLOOK
   U.S. economy is in recession that should be short and
   shallow, according to economists at University of
   Michigan Economic Outlook Conference . . . Page B-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4a5g7_


______

TRENDS
______

EMPLOYMENT POLICIES
   Calendar bodes well for workers this holiday season, as
   Christmas and New Year's Day fall on Tuesdays, giving
   employees an excellent chance of "extra" time off,
   according to BNA's annual survey of employers' year-end
   holiday plans . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/A0A4Y4K6N6_


_____________

ECONOMIC NEWS
_____________

LAYOFFS
   Drawing from figures that provide closer look at job
   losses related to September terrorist attacks, Labor
   Department's Bureau of Labor Statistics reports that
   number of extended mass layoff events rose sharply in
   third quarter compared with year ago . . . Page D-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4a2x9_

UNEMPLOYMENT INSURANCE
   New claims for unemployment insurance in week ending Nov.
   10 fell to 444,000, decrease of 8,000 from previous
   week's revised figure of 452,000, Labor Department's
   Employment and Training Administration says . . . Page
   D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3p3m7_


____

TEXT
____

ARBITRATION
   Seventh Circuit decision in "CK Witco Corp. v. Paper,
   Allied-Industrial, and Chemical Employees Local 60-807" .
   . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u5x6_

NLRB
   NLRB's weekly summary of cases, dated Nov. 16, 2001 . . .
   Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3q6n1_


______________

TABLE OF CASES
______________

Abramowicz v. Rohm and Haas Co. (E.D. Pa.) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3v8d3_

Bilow v. Much Shelist Freed Denenberg Ament & Rubenstein
(7th Cir.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y2p7a0_

CK Witco Corp. v. Paper, Allied-Industrial, and Chemical
Employees Local 60-807 (7th Cir.) . . . Page A-1,  Text E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4b3g6_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3u5x6_

Gasper v. Wal-Mart Stores Inc. (8th Cir.) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3f3z2_

Harris v. Architect of the Capitol (D.D.C.) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y3z8m0_

Hoskins v. A.O. Smith Corp. (6th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4b0n7_

Northwestern Ohio Adm'rs v. Walcher & Fox (6th Cir.) . . .
Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4b1t7_

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

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

   To register for a FREE Web trial, go to
   http://web.bna.com.   For subscription information and
   other inquiries, call BNA Customer Relations at
   1-800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET),
   excluding most federal holidays.

   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.