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Subject:	Aug. 3 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 3, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


DEMOCRATS UNVEIL BROAD IMMIGRATION POLICY PRINCIPLES

House and Senate Democratic leaders unveil a broad statement
of principles on immigration policy that incorporates an
"enhanced temporary worker program" and a uniform set of
procedures for immigrants to earn United States citizenship.

At a press briefing, Senate Majority Leader Daschle (D-S.D.)
says President Bush's recent focus on U.S-Mexico relations
"offers us a historic opportunity to recraft our immigration
policies in ways that are fair to America's families."
Daschle says he hopes to introduce legislation in the
current Congress that would embrace the principles, adding
that Democrats intend to work with the Bush administration
to craft such a policy. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8k1m0_


HARASSERS CAN BE PREDATORS OR INTERESTED MEN, COURT SAYS

A property management firm maintenance worker who delayed
reporting her supervisor's sexual advances until she could
decide whether he was a "predator" or merely an "interested
man" who could be rebuffed politely, cannot hold her
employer liable for sexual harassment, the Fourth Circuit
decides, because she failed to take advantage of the
employer's sexual harassment policy ("Matvia v. Bald Head
Island Management Inc.,  "4th Cir.,  No. 00-1650,  7/31/01).

Affirming summary judgment to Bald Head Island Management
Inc. on the sexual harassment claim brought by Christina
Matvia under Title VII of the 1964 Civil Rights Act, Judge
Traxler finds that Fourth Circuit case law makes no
distinction between "predators" and "interested men," so
long as their behavior is unwanted and sufficiently severe
or pervasive to alter the terms or conditions of employment.
The court also rejects Matvia's claim that her promotion,
raise, and good performance reviews in light of her "silent
suffering" of the supervisor's advances were tangible job
actions taken against her in violation of Title VII. . . .
Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8j2m7_


SHAW'S CONTRACT WITH UFCW  COVERS 6,500 WORKERS IN NEW
ENGLAND

A newly ratified three-year contract between Shaw's
Supermarkets Inc. and UFCW Local 791 gives approximately
6,500 hourly employees annual wage increases and enhanced
pension benefits and maintains the current health care
coverage with an increase in the employees' premium share.
The contract covers Shaw's employees at 38 retail stores in
Massachusetts and Rhode Island. A separate but parallel
agreement, negotiated at the same time, applies to some 375
workers at the company's distribution center in Wells,
Maine.

The strike-averting settlement also includes a separate
"closing agreement" setting out the terms of the severance
package and enhanced pension benefits for some 380 employees
at a distribution center in East Bridgewater, Mass., which
the company plans to close by the end of October.  Workers
impacted by the closing will get one week's pay for each
year of service with a minimum of four weeks and no maximum.
Employees age 52 or older will be given up to three
additional years of service credit, allowing them to be
eligible for early retirement as if they were age 55. Those
age 58 will receive up to four additional years of credit,
enabling them to retire with the full pension granted to
employees retiring at age 62. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8e8g6_


AFA TO FILE PETITION BY LABOR DAY FOR DELTA FLIGHT
ATTENDANTS

The Association of Flight Attendants is expecting to file a
petition with the National Mediation Board before Labor Day
to represent some 20,000 flight attendants at Delta
Airlines. That campaign is just one of several organizing
drives discussed during the summer meeting of the AFL-CIO
Executive Council July 31-Aug. 1.

The Delta campaign is taking place at 14 flight attendant
bases around the country. The flight attendants are the last
nonunion flight attendant workforce at any major U.S.
airline, according to the union. The flight attendants began
exploring union representation more than five years ago, and
AFA began its organizing drive at the carrier in earnest in
1998. . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8h6j6_


FIRST CIRCUIT REJECTS CLAIM FOR COGNITIVE PROBLEM DUE TO
CHEMOTHERAPY,

A secretary's cognitive impairment, caused by chemotherapy,
was "mild, reversible, and short lived," the First Circuit
rules, rejecting her discrimination claim under the
Americans with Disabilities Act against her employer
Greenberg, Rosenblatt, Kull & Bitsoli, an accounting firm
("Whitney v. Greenberg, Rosenblatt, Kull & Bitsoli, "1st
Cir., No. 00-2319,  7/27/01). "To prevail, [Ellen] Whitney
would have to establish that her cognitive impairment was
profound enough and of sufficient duration, given the nature
of her impairment, to hamper her ability to work or to
learn," Judge Coffin says. "The record supports neither
restriction."

GRK&B denied Whitney's requests to work part-time or adjust
her hours, gave her a negative job evaluation, and
restricted her duties. The next month, the firm fired her.
Less than three weeks later, she got another job at a bank
where she successfully learned a new computer system, and
then moved on to a permanent job. The court finds that she
did not request accommodations in either position and did
not inform the banks of her disability. "[T]he evidence is
that she satisfactorily completed at the two banks the same
types of administrative duties for which she had been
responsible at GRK&B." . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n7c1d7_


______________

TODAY'S EVENTS
______________

EMPLOYMENT: July employment report by Bureau of Labor
Statistics released, 8:30 a.m., Labor Department.

________________

ALSO IN THE NEWS
________________


UNEMPLOYMENT INSURANCE: Jobless claims decreased
unexpectedly--by 23,000 to 346,000--reaching their lowest
level since February, in the week ended July 28, according
to figures from the Employment and Training Administration.
. . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8b5z7_

SAFETY & HEALTH: The Senate is expected to approve the
nomination of John Henshaw to head the Occupational Safety
and Health Administration. Henshaw tells the Senate Health,
Education, Labor, and Pensions Committee that he supports a
balanced OSHA that will provide enforcement where needed,
but also will provide significant focus on compliance
assistance and education.. . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8g1m6_

PENSIONS: The House Education and the Workforce Subcommittee
on Employer-Employee Relations approves by voice vote the
Retirement Security Advice Act (H.R. 2269), which would
allow employers to provide investment advice to participants
in tax-code Section 401(k)-type plans as long as conflicts
of interest are disclosed. . . . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8f4x7_

STEEL: Members of Steelworkers Local 2701 approve a one-year
contract for some 1,400 employees of Geneva Steel's
integrated mill in Vineyard, Utah.  The new agreement runs
until April 30, 2002, and calls for a $500 cash payment for
all hourly employees in April 2002. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n7t9d4_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

IMMIGRATION
   House and Senate Democratic leaders unveil a broad
   statement of principles on immigration policy that
   incorporates an "enhanced temporary worker program" and a
   uniform set of procedures for immigrants to earn United
   States citizenship . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8k1m0_


____

NEWS
____

AFL-CIO
   CORRECTION: An article listing the newest members of the
   AFL-CIO's Executive Council, appearing at 148 DLR B-1,
   8/2/01, incorrectly stated the name of the federation's
   newest affiliate. The article should have identified
   Cheryl Johnson as president of United American Nurses,
   which is part of the American Nurses Association . . .
   Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8c2n0_

DISABILITIES
   Department of Labor is establishing a Youth Advisory
   Committee to provide input in DOL's efforts to increase
   employment of young people with disabilities, according
   to a notice scheduled to be published in the Aug. 3
   "Federal Register" . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8b4r4_

   Secretary's cognitive impairment, caused by chemotherapy,
   was "mild, reversible, and short lived," the First
   Circuit rules, rejecting her discrimination claim under
   the Americans with Disabilities Act . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n7c1d7_

EMPLOYEE BENEFITS
   Employee Retirement Income Security Act and the
   Labor-Management Relations Act do not take priority over
   a bank's right to garnish funds of a bankrupt employer
   that also was delinquent in employee benefit
   contributions, the U.S. District Court for the Eastern
   District of Pennsylvania rules . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8c1j4_

HEALTH CARE
   House is expected to approve legislation (H.R. 2563)
   granting a broad range of new rights to patients,
   including new language providing for a limited expansion
   of patients' right to sue their health plans based on an
   accord between Bush administration and Rep. Charles
   Norwood (R-Ga.) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8m6x0_

   House, by a 236-194 vote, approves an amendment to a
   bipartisan patients' rights bill (H.R. 2563) that would
   provide for a significant expansion of tax-favored
   medical savings accounts . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8n1v3_

IMMIGRATION
   Labor Department's Employment and Training Administration
   is amending procedures of the labor certification process
   for the permanent employment of aliens in an effort to
   reduce the processing time for both new and pending
   applications in state employment security agencies . . .
   Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n7z3k2_

MANUFACTURING
   Lucent Technologies' pending sale of its Columbus, Ohio,
   and Oklahoma City, Okla., plants to a Canadian-based
   company will result in employee rolls being slashed by
   more than half, a union leader says . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8j2r4_

PENSIONS
   House Education and the Workforce Subcommittee on
   Employer-Employee Relations approves by voice vote a bill
   that would allow employers to provide investment advice
   to participants in tax-code Section 401(k)-type plans as
   long as conflicts of interest are disclosed . . . Page
   A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8f4x7_

RETAIL FOOD STORES
   Newly ratified three-year contract between Shaw's
   Supermarkets Inc. and United Food and Commercial Workers
   Local 791 will give about 6,500 hourly employees annual
   wage increases and enhanced pension benefits and
   maintains current health care coverage with a modest
   increase in employees' premium share . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8e8g6_

RETIREE BENEFITS
   Two firms that purchased equipment from a defunct coal
   company are not liable for paying premiums for the health
   benefits of six retired miners who had once worked for
   the coal company, a federal appeals court rules . . .
   Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8c1g1_

SAFETY & HEALTH
   Occupational Safety and Health Administration announces
   new national emphasis program to address the hazards
   associated with dismantling ships . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8j0r8_

   The Senate was expected to approve the nomination of John
   Henshaw to head the Occupational Safety and Health
   Administration. . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8j0r8_

SEXUAL HARASSMENT
   Property management firm maintenance worker who delayed
   reporting her supervisor's sexual advances until she
   could decide whether he was a "predator," or merely an
   "interested man," cannot hold her employer liable for
   sexual harassment because she failed to take advantage of
   its sexual harassment policy, Fourth Circuit rules . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8j2m7_

STEEL
   Members of United Steelworkers Local 2701 approve
   one-year contract to cover some 1,400 employees of Geneva
   Steel's integrated mill in Vineyard, Utah . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n7t9d4_


_______

AFL-CIO
_______

ORGANIZING
    Association of Flight Attendants is preparing to file a
   petition with the National Mediation Board before Labor
   Day to represent some 20,000 flight attendants at Delta
   Airlines . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8h6j6_


_____________

ECONOMIC NEWS
_____________

UNEMPLOYMENT INSURANCE
   Jobless claims decreased unexpectedly by 23,000 to
   346,000, reaching their lowest level since February, in
   the week ended July 28, according to figures released by
   the Labor Department's Employment and Training
   Administration . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8b5z7_


______________

TABLE OF CASES
______________

Holland v. Williams Mountain Coal Co. (D.C. Cir.) . . . Page
A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8c1g1_

Matvia v. Bald Head Island Management Inc. (4th Cir.) . . .
Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8j2m7_

Summit Bank v. Local Union No. 98, International Brotherhood
of Electrical Workers (E.D. Pa.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n8c1j4_

   __________
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