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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Monday, July 16, 2001 11:10 PM
To:	BNA Highlights
Subject:	July 17 -- BNA, Inc. Daily Labor Report

______________________________

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

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


LABOR SECRETARY CHAO URGES FORUM TO KEEP OPEN MIND ABOUT
ERGONOMICS

Labor Secretary Chao defends her decision to hold a series
of forums on ergonomics and predicts that no matter what
approach the department takes, "we're going to make somebody
unhappy." The truth of that statement is evident as
organized union protesters greet the first forum with
placards calling on the Labor Department to issue a standard
to protect workers and criticizing the scheduling of
hearings. "The issue isn't about whether we should deal with
ergonomics injuries, it's about how we deal with them," Chao
says.

Pat Cleary of the National Association of Manufacturers says
the best ergonomics approach is one based on more scientific
research, more emphasis on best practices, and more clarity
regarding what is and is not work-related. He urges the
Occupational Safety and Health Administration to create a
clearinghouse of best practices. Eric Frumin, health and
safety director for the Union of Needletrades, Industrial
and Textile Employees, testifies that ergonomic programs
work for both employers and employees. Good ergonomics
programs improve productivity, reduce medical and disability
costs, and improve product quality, he says.  . . . Page
AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9q0j2_


IBEW MEMBERS RATIFY ACCORD FOR 5,500 WORKERS AT NIAGARA
MOHAWK

A 40-month contract covering some 5,500 hourly employees at
Niagara Mohawk Power Corp. is narrowly approved by IBEW
local 97 members. In the final package, union negotiators
agree to adjustments in some benefit areas to free up
resources for other benefits that the local deems essential
to the membership, As a result, retirees will be paying
somewhat more in health premium costs, and the short-term
disability benefit and separation allowance are both now
less generous.

 An initial 3.25 percent general wage increase is
retroactive to the June 1 effective date of the agreement
with a further 3.25 percent next June and 3.75 percent in
2003. The job security provision. remains in the contract
and will apply to all employees currently on the payroll.
The provision assures employees with at least 10 years
service, whose jobs are abolished, an alternative position
at the same rate of pay. The language will not apply,
however, to employees hired after ratification.  . . . Page
A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k8w3f6_


STUDY SHOWS HIGH REVERSAL RATE FOR PLAINTIFFS' EEO VICTORIES

A disproportionate number of employment discrimination cases
won at trial by plaintiffs are reversed on appeal when
compared to cases won by defendants, according to a new
report by two professors at Cornell University Law School.

The study, by Theodore Eisenberg and Stewart Schwab,
maintains that from 1988-1997, 43.61 percent of plaintiff
trial victories were reversed in federal appeals courts,
although only 5.8 percent of defense trial verdicts were
overturned on appeal. The study also indicates that the gap
between reversal rates of plaintiffs and defendants is
larger for employment discrimination cases than any other
category of cases, including civil prisoner cases.

Speaking at a press conference to release the study, Schwab
says, "benign explanations for the large gap in reversals
are hard to come by" and argues that there is a "nationwide,
double standard" when it comes to reviewing claims brought
under Title VII of the 1964 Civil Rights Act, the Age
Discrimination in Employment Act, and the Americans with
Disabilities Act. The study was commissioned by two law
firms that represent employment discrimination plaintiffs. .
. . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n2t1_


COURT SAYS YAHOO! MUST REVEAL TO COMPANY IDENTITY OF
ANONYMOUS POSTER

An Internet service provider must disclose to a New Jersey
biopharmaceutical company the name of an anonymous Internet
user who, describing herself as a "worried employee," posted
confidential information about the employer on the ISP's
finance message board, the New Jersey Superior Court rules
("Immunomedics Inc. v. Jean Doe, a/k/a "moonshine _fr,"
"N.J. Super. Ct. App. Div.,  No. A-2762-00T1,  7/11/01).
Although anonymous Internet speech ordinarily is protected
under the U.S. and New Jersey Constitutions, there was
sufficient evidence that plaintiff Jean Doe compromised that
right by breaching Immunomedics Inc.'s employee
confidentiality agreement by posting the messages, Judge
Fall decides.

In a separate case decided the same day, Fall affirms a
trial court's refusal to grant a similar motion requiring
Yahoo! to disclose to Dendrite International Inc. the
identity of an anonymous Internet user who posted allegedly
defamatory statements about that company's financial
dealings. Dendrite failed to show that the unidentified
Internet user--who may or may not have been a Dendrite
employee--posted any information that harmed the company,
the court ruled ("Dendrite Int'l Inc. v. John Doe No. 3,
"N.J. Super. Ct. App. Div.,  No. A-2774-00T3,  7/11/01). . .
. Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n8e1_


SALOMON SMITH BARNEY AGREES TO BIAS SETTLEMENT

The investment brokerage firm Salomon Smith Barney Inc. will
pay $635,000 and offer salary increases and enhanced
promotional activities to a class of computer employees
claiming employment discrimination on the basis of race and
national origin, according to the terms of a settlement with
the Equal Employment Opportunity Commission approved by a
federal judge "(EEOC v. Salomon Smith Barney Inc.
"S.D.N.YNo. 00-7402settlement approved 7/12/01).

The commission sued Salomon Smith Barney on behalf of 13
current or former employees of the company's Greenwich
Street Data Center in lower Manhattan, who alleged that they
were subjected to disparate treatment and to a hostile work
environment because of their race or national origin. Five
named plaintiffs, who EEOC identified as being African
American, Haitian, Nigerian, or West Indian, charged that
they and similarly situated employees had been subjected to
"repeated and offensive comments that created a hostile work
environment." . . . Page A-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9p1f4_


________________

ALSO IN THE NEWS
________________

IMMIGRATION: The Bush administration is examining proposals
to create a temporary guest worker program for Mexicans who
are currently in the United States illegally, the White
House says. Although the program is still being evaluated by
the departments of Justice and State, the White House
expects a working group on the issue to present a report to
the president in the next several months. . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9q1e2_

HOTEL EMPLOYEES: Almost three years after assuming
leadership of the Hotel Employees and Restaurant Employees
International Union, John Wilhelm is re-elected as HERE
president by the delegates to the union's 43rd general
convention. . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9p7j6_

SAFETY & HEALTH: BWX Technologies of Ohio Inc., an operator
of a nuclear waste cleanup site in Miamisburg, Ohio, is
assessed a $137,500 civil penalty for nuclear safety
violations, the Department of Energy announces. . . . Page
A-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9m8b2_

UNFAIR LABOR PRACTICES: Avante` at Boca Raton and Avante`
Terrace at Boca Raton, Fla., violated the National Labor
Relations Act by refusing to bargain with a certified
union--Local 1115 Nursing Home, Hospital & Service Employees
Union-Florida--following the affiliation of its parent union
with the Service Employees International Union, the National
Labor Relations Board rules. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9d3c9_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

ERGONOMICS
   AFL-CIO plans campaign to persuade Senate to reverse
   spring vote that unraveled Clinton administration
   ergonomics rule as first step toward forcing Bush
   administration to develop its own ergonomics rule under
   congressional two-year deadline . . . Page AA-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n8k1_

   Labor Secretary Chao defends decision to hold three
   ergonomics forums across country but predicts any
   approach department takes will "make somebody unhappy" .
   . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9q0j2_


____

NEWS
____

DISABILITIES
   Minnesota Supreme Court rules Minneapolis mortgage banker
   who suffered from fibromyalgia may proceed with state law
   claims alleging disability discrimination and retaliatory
   discharge . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k6q0r2_

DISCRIMINATION
   Federal judge approves EEOC settlement with Salomon Smith
   Barney Inc. requiring investment firm to pay $635,000 and
   offer salary increases and enhanced promotional
   activities to class of computer employees claiming
   discrimination on basis of race and national origin . . .
   Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9p1f4_

   Ingersoll Milling Machine Co. agrees to pay approximately
   400 job applicants and 64 current and former employees
   $1.8 million to settle EEOC charges of race and sex
   discrimination . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9p7v7_

   New Jersey appeals court rules transsexual terminated
   from position as medical director of learning behavior
   center can bring claims of gender and disability
   discrimination under state law . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3z3p4_

   Study by two Cornell University Law School professors
   finds disproportionate number of employment
   discrimination cases won at trial by plaintiffs are
   reversed on appeal . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n2t1_

EMPLOYEE BENEFITS
   IRS publishes Announcement 2001-82 providing model
   amendment for determining total 2001 distribution under
   2001 proposed regulations for retirement plans that made
   required minimum distributions for 2001 plan year under
   1987 proposed regulations before they began operating
   under 2001 proposed regulations on minimum distributions
   . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9d3c2_

FREE SPEECH
   New Jersey appellate court rules Internet service
   provider must disclose to biopharmaceutical company name
   of anonymous Internet user who described herself as
   "worried employee" and posted confidential information
   about employer on ISP's finance message board . . . Page
   A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n8e1_

IMMIGRATION
   Bush administration examining proposals to create
   temporary guest worker program for Mexicans currently in
   United States illegally . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9q1e2_

POLITICS
   Federal judge issues preliminary injunction prohibiting
   FEC from making public thousands of pages of documents
   gathered in its investigation of AFL-CIO and Democratic
   Party . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9q8w2_

PREVAILING WAGES
   Labor Department's Administrative Review Board finds
   prevailing wages required under Davis-Bacon Act are due
   for construction of privately owned structures built for
   Interior Department's Bureau of Land Management . . .
   Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k6n0e8_

RELIGIOUS DISCRIMINATION
   D.C. Circuit rules computer technician for MCI
   Telecommunications Corp. failed to establish religious
   discrimination, despite evidence supervisor had nasty
   attitude and transferred him to night shift . . . Page
   A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k8w1d7_

SAFETY & HEALTH
   DOE assesses $137,500 civil penalty for nuclear safety
   violations against operator of Miamisburg, Ohio, nuclear
   waste cleanup site . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9m8b2_

   OSHA pushes effective date for standard to increase
   worker safety in steel erection back six months, to Jan.
   18, 2002 . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n5j3_

STEEL
   ITC finds Belarus, China, Korea, Latvia, and Moldova
   dumped imports of steel concrete reinforcing bar,
   clearing way for imposition of anti-dumping duties . . .
   Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k8w0p7_

UNFAIR LABOR PRACTICES
   CORRECTION: Story on Fourth Circuit's order granting
   full-court rehearing of challenge to NLRB decision
   involving Overnite Transportation Co. (appearing at 132
   DLR A-9, 7/11/01) should have stated order was issued
   July 5 . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k6h6u0_

   NLRB rules Avante` at Boca Raton and Avante` Terrace at
   Boca Raton, Fla., violated NLRA by refusing to bargain
   with certified union following affiliation of parent
   union with SEIU . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9d3c9_

UTILITIES
   IBEW members narrowly approve 40-month contract covering
   some 5,500 hourly employees at Niagara Mohawk Power Corp.
   . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k8w3f6_


_________________

CONVENTION REPORT
_________________

HOTEL EMPLOYEES
   John Wilhelm is re-elected HERE president by delegates to
   union's 43rd general convention in Los Angeles . . . Page
   C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9p7j6_


______________

TABLE OF CASES
______________

Avante` at Boca Raton Inc. (NLRB) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9d3c9_

Dendrite Int'l Inc. v. John Doe No. 3  (N.J. Super. Ct. App.
Div.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n8e1_

EEOC v. Salomon Smith Barney Inc. (S.D.N.Y.) . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9p1f4_

Enriquez v. West Jersey Health Sys.  (N.J. Super Ct. App.
Div.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3z3p4_

Freedman v. MCI Telecomm. Corp. (D.C. Cir.) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k8w1d7_

Hoover v. Norwest Private Mortgage Banking (Minn.) . . .
Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k6q0r2_

Immunomedics Inc. v. Jean Doe, a/k/a "moonshine _fr," (N.J.
Super. Ct. App. Div.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k9n8e1_

In the matter of Phoenix Field Office, Bureau of Land Mgmt.
(DOL ARB) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k6n0e8_

Steel Concrete Reinforcing Bars from Belarus, China, Korea,
Latvia, Moldova (ITC) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k8w0p7_

   __________
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