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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:	Wednesday, August 08, 2001 11:12 PM
To:	BNA Highlights
Subject:	Aug. 9 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 9, 2001
______________________________

ISSN 1522-5968

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articles by using the URL link supplied.

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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
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__________

HIGHLIGHTS
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BARRING CONSIDERATION OF UNION-MEMBER APPLICANTS WAS ULP,
BOARD RULES

A Buffalo, N.Y., demolition contractor committed an unfair
labor practice when it changed its hiring policy to exclude
from consideration any applicant who revealed his or her
union affiliation on a job application, the National Labor
Relations Board rules 3-0 ( "Mainline Contracting Corp.,
"333 N.L.R.B. No. 120,   8/2/01 ).

Although the three-member panel unanimously finds that
Mainline Contracting Corp. acted with an illegal
discriminatory motive when it changed its hiring policy, the
board splits on a second point. Members Liebman and
Truesdale decide that the policy would have violated the
National Labor Relations Act even if it were not
specifically aimed at keeping the union members out. The
policy "unambiguously penalizes and deters protected
concerted activity," they find. Chairman Hurtgen dissents,
disagreeing that the policy would be invalid even if it were
not discriminatorily motivated. . . . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3m2y2_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3q2p3_


APPLE WORKERS VOICE COMPLAINTS AT NAFTA FORUM

Apple workers testify about alleged violations of state and
federal wage and hour laws at a one-day public forum in
Yakima, Wash., hosted by the Labor Department's National
Administrative Office. It is the first forum on a farm
worker complaint filed under NAFTA's labor side agreement.

The forum is an outcome of a 1998 complaint filed by several
Mexican unions alleging violations of the side agreement.
Several apple workers testify about instances where they
were not paid Washington state's minimum wage and in some
cases were not paid at all for work performed. . . . Page
A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3j8q7_


EEOC ANNOUNCES $3.5 MILLION SETTLEMENT IN NATIONAL ORIGIN
BIAS CASE

A former picture frame manufacturer based in Gilbert, Ariz.,
has been ordered to pay $3.5 million to settle charges that
it discriminated against its Hispanic workers based on their
national origin and sex, the Equal Employment Opportunity
Commission announces. ("EEOC v. Quality Art LLC, "D. Ariz.,
No. CV-00-1171-PHX-SMM, "settlement approved" 7/31/01 ).
EEOC brought a wide-ranging suit against Quality Art LLC in
the U.S. District Court for the District of Arizona,
alleging that the company's Hispanic female employees were
sexually harassed, discriminated against on the basis of
their sex, and retaliated against for opposing the unlawful
employment practices.

According to the EEOC complaint, Quality Art's Hispanic
female employees were subjected to intrusive searches, while
male and Anglo female employees were not. In addition, EEOC
claimed that Quality Art discriminated against its Hispanic
workers, most of whom were Mexican and Guatemalan, by
providing them lower wages and benefits than their
nonHispanic counterparts. EEOC also alleged that Quality Art
terminated certain employees who protested the
discriminatory employment practices and that the company
contacted the Immigration and Naturalization Service in an
attempt to have the protesting employees deported. . . .
Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3k3m3_


HILL WATCHERS PREDICT LITTLE ACTIVITY IN LABOR AND
EMPLOYMENT LAW ARENA

Attorneys representing unions and employers should not
expect any major labor and employment legislation to be
adopted in the coming months, Capitol Hill observers tell
participants at the annual meeting of the American Bar
Association's Section of Labor and Employment Law. Political
division is expected to hamper major legislative changes and
few labor and employment issues are capturing Congress's
attention, they say.

 Speakers add, however, that a number of side issues, such
as efforts to expand the Family and Medical Leave Act,
compensatory time off in lieu of overtime pay, and privacy
in the workplace issues may arise.

"No one in the business community is talking about major
changes in the labor laws," says Randel Johnson, vice
president for labor and employment at the U.S. Chamber of
Commerce. "Nevertheless, there is some interest in trying to
pursue some of the narrow issues, such as peer review on
occupational safety and health standards, comp time, and
bonus/gainsharing," he says. . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p2p4f7_


NONMANUFACTURING AGREEMENTS PRODUCE WEIGHTED INCREASE OF 4.1
PERCENT

Data compiled by BNA in the first 32 weeks of 2001  show a
weighted average first-year wage increase of 4.1 percent in
newly bargained contracts in the nonmanufacturing sector
(excluding construction), up from 4 percent in 2000. The
median increase in these contracts is 4 percent, compared
with 3.5 percent last year.  Manufacturing agreements
provide a weighted average increase of 3.1 percent, compared
with 3.3 percent in 2000, and a median of 3 percent,
unchanged from the same period of 2000. Construction
contracts provide a weighted average increase of 4.4
percent, compared with 4.2 percent in 2000, and a median of
4.1 percent, compared with 4.9 percent.

Major settlements reported in the latest biweekly tabulation
include a new four-year contract covering about 1,200
workers represented by the United Steelworkers at Lone Star
Steel Co. and new three-year agreements between Safeway Inc.
and Albertson's and the United Food and Commercial Workers,
covering approximately 10,000 workers in northern
California. . . . Page D-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p2y8f0_


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TODAY'S EVENTS
______________

UNEMPLOYMENT: Weekly data on initial claims for unemployment
insurance benefits released, 8:30 a.m., Labor Department.

________________

ALSO IN THE NEWS
________________


ECONOMIC ACTIVITY: Surveys and anecdotal reports compiled by
the Federal Reserve's 12 district banks show most regions of
the country experienced either "slow growth or lateral
movement" in economic activity  during June and July. The
Fed's "beige book" report finds manufacturing activity
declined further in nearly every district, while the market
for residential real estate remained strong. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3p9e4_

RETAIL FOOD STORES: Members of International Brotherhood of
Teamsters Local 38 ratify a three-year contract with Allied
Employers Inc. covering 2,500 supermarket clerks employed by
major chains in Snohomish County. The agreement provides
wage increases of $1.35 per hour over term. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p2n2y3_

ECONOMIC OUTLOOK: The economic slowdown has had a serious
impact on the manufacturing sector, but data on employment
and personal income show that the activity has still not
slumped enough to say the economy is in a recession, the
National Bureau of Economic Research says. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3p9p9_


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TEXT
____

UNFAIR LABOR PRACTICES: Decision of NLRB in "Mainline
Contracting Corp.". . . Page   E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3q2p3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

UNFAIR LABOR PRACTICES
   Buffalo, N.Y., demolition contractor committed an unfair
   labor practice when it excluded from consideration any
   applicant who revealed his or her union affiliation on a
   job application form, NLRB rules . . . Page AA-1,  Text
   E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3m2y2_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3q2p3_


____

NEWS
____

AIRLINES
   CWA is seeking to represent about 3,200 passenger service
   employees of American Eagle, the regional carrier
   operated by American Airlines Inc. . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3h5k9_

DISABILITIES
   City animal control officer who sued under the Americans
   with Disabilities Act after he was fired for alleged
   misappropriation of funds failed to show that the city's
   asserted reason for discharge was a pretext for
   disability discrimination, the Seventh Circuit decides .
   . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3h1f7_

ECONOMIC OUTLOOK
   Economic slowdown has had a serious impact on the
   manufacturing sector, but data on employment and personal
   income show that the activity has still not slumped
   enough to say the economy is in a recession, the National
   Bureau of Economic Research says in a recent memorandum .
   . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3p9p9_

EMPLOYMENT
   Switching between several tasks or trying to do several
   things at once reduces productivity, according to a study
   by the American Psychological Association . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3m5q7_

EMPLOYMENT POLICIES
   Majority of U.S. companies monitor employees' e-mail and
   Internet use, an American Management Association survey
   finds . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3m7h0_

ERISA
   Labor Department's Pension and Welfare Benefits
   Administration releases a notice requesting
   recommendations of individuals for appointment to the
   ERISA Advisory Council . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3g2p0_

MANUFACTURING
   New attendance incentive program at the Trane Co. plant
   in La Crosse, Wis., will allow hourly employees to earn
   additional pay of as much as 3.25 percent depending on
   the overall attendance rates at the plant and an
   individual employee's own attendance record in any
   three-month period . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3d6a3_

NAFTA
   Apple workers testify about alleged violations of
   Washington state and federal wage and hour laws at a
   public forum in Yakima, Wash., hosted by the Labor
   Department's National Administrative Office . . . Page
   A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3j8q7_

NATIONAL ORIGIN
   EEOC announces that a former picture frame manufacturer
   based in Gilbert, Ariz., has been ordered to pay $3.5
   million to settle charges that it discriminated against
   its Hispanic workers based on their national origin and
   sex . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3k3m3_

PENSIONS
   Federal district court erred in shifting the burden of
   proof from pension plan trustees to an employer in an
   action by two plans seeking delinquent plan
   contributions, the Ninth Circuit holds . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3c0n4_

PUBLIC EMPLOYEES
   Senate approves by voice vote legislation that would
   raise from 55 to 57 the mandatory retirement age for
   approximately 10,000 federal firefighters . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3d6k3_

RACE DISCRIMINATION
   Statistics professor stated a claim for race-based
   discrimination under the Civil Rights Act of 1866, even
   though he did not identify his racial background in the
   complaint he filed against Oberlin College, the Sixth
   Circuit rules, reversing a district court's dismissal of
   that claim but affirming dismissal of his Title VII and
   ADEA claims . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3d4a1_

RETAIL FOOD STORES
   Members of IBT Local 38 ratify a three-year agreement
   with Allied Employers Inc. covering 2,500 supermarket
   clerks employed by major chains in Snohomish County,
   Wash. . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p2n2y3_


_________________

CONFERENCE REPORT
_________________

LEGISLATION
   Attorneys representing unions and employers should not
   expect any major labor and employment legislation to be
   adopted in the coming months, Capitol Hill observers tell
   an American Bar Association session . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p2p4f7_


_____________

ECONOMIC NEWS
_____________

COLLECTIVE BARGAINING
   Data compiled by BNA in the first 32 weeks of 2001 show
   that the weighted average first-year wage increase in
   newly bargained contracts in the nonmanufacturing sector
   (excluding construction) was 4.1 percent, compared with 4
   percent in 2000 . . . Page D-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p2y8f0_

ECONOMIC OUTLOOK
   Anecdotal reports to the Federal Reserve's district banks
   show that most regions of the country experienced either
   "slow growth or lateral movement" in economic activity
   during June and July, the Federal Reserve Board says in
   its latest "beige book" report . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3p9e4_


____

TEXT
____

UNFAIR LABOR PRACTICES
   NLRB decision in "Mainline Contracting Corp." . . . Page
   E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3q2p3_


______________

TABLE OF CASES
______________

Amini v. Oberlin College (6th Cir.) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3d4a1_

EEOC v. Quality Art LLC (D. Ariz.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3k3m3_

Mainline Contracting Corp. (N.L.R.B.) . . . Page AA-1,  Text
E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3m2y2_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3q2p3_

Motion Picture Indus. Pension and Health Plans v. N.T. Audio
Visual Supply Inc. (9th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3c0n4_

Pugh v. Attica (7th Cir.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3h1f7_

   __________
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