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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:	Tuesday, June 12, 2001 11:03 PM
To:	BNA Highlights
Subject:	June 13 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
June 13, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


FAILURE TO PROVIDE CONTRACEPTIVE COVERAGE RULED SEX BIAS

In the first federal court decision on the issue, the U.S.
District Court for the Western District of Washington rules
that Bartell Drug Co. violated the sex discrimination
provisions of Title VII of the 1964 Civil Rights Act by
excluding prescription contraceptive coverage from its
employee health benefit plan  ("Erickson v. Bartell Drug
Co., "W.D. Wash., No. C00-1213L, 6/12/01).

"Although the plan covers almost all drugs and devices used
by men, the exclusion of prescription contraceptives creates
a gaping hole in the coverage offered to female employees,
leaving a fundamental and immediate healthcare need
uncovered," Judge Lasnik writes, in granting summary
judgment to a class of female employees.

 "Title VII requires employers to recognize the differences
between the sexes and provide equally comprehensive
coverage, even if that means providing additional benefits
to cover women-only expenses," he holds, citing U.S. Supreme
Court rulings dating back to 1976. Bartell, a Seattle-based
chain of family-run drug stores, says its policy already has
been changed and that there was no intent to discriminate.
The National Women's Law Center hails the ruling as
"historic." . . . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2b6j0_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1y1r4_


SEVENTH CIRCUIT RULES NLRB WAS JUSTIFIED IN DISREGARDING
SETTLEMENT

The National Labor Relations Board was justified in
disregarding a settlement agreement that nursing home
operator Beverly California Corp. reached with two illegally
fired nursing assistants and awarding higher amounts of back
pay than called for in the agreement, the Seventh Circuit
rules ("Beverly Calif. Corp. v. NLRB, "7th Cir., No.
99-4121, 6/8/01). The board ruled that Janet Glenn and Debra
Wiley, who worked at a nursing home in Kokomo, Ind., were
discharged because of their pro-union views and their
complaints about working conditions. The board later
affirmed an administrative law judge's decision to disregard
the settlement agreement, which covered race discrimination
claims and purported to settle back pay for unfair labor
practice charges filed by United Food and Commercial Workers
Local 917. The board ordered Beverly to pay Glenn $23,169
and Wiley $34,203, far more than the $4,000 and $5,000
payments called for in the settlement.

"NLRB is not statutorily obligated to honor settlement
agreements," Judge Bauer points out. He emphasizes that both
the NLRB general counsel and the union "were completely
circumvented" and opposed the settlement when they learned
of it. The appeals court also agrees with the board's
finding that the settlement amounts were unreasonable under
the circumstances. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1z8u5_


INDEPENDENT STEEL UNION MEMBERS RATIFY CONTRACTS WITH
WEIRTON STEEL

Members of the Independent Steelworkers Union ratify three
separate 15-month contracts covering some 3,500 Weirton
Steel Corp. workers. Almost 75 percent of union members
voted in favor of the contracts, which cover the company's
3,100 hourly production and maintenance workers,
approximately 400 salaried, nonexempt workers in technical
and clerical positions, and eight nurses on the professional
staff, says Mark Glyptis, president of the union. The
contracts are retroactive to March 25 when the previous
54-month contracts expired.

 Glyptis says a reopener option included in the new
contracts is "unique" in that either side can initiate
bargaining if conditions in the steel industry improve or
worsen. Gregg Warren, Weirton's spokesman, says the
contracts do not contain any concessions, retain the
existing health package, maintain the base wage structure,
and enhance retirement formulas for those who retire while
the contracts are in effect.

John H. Walker, president of Weirton, says the contracts
provide the company "with a greater ability to restructure
in a more effective and expedient manner as the market
changes ... [and] include the option of reopening
negotiations to deal with market conditions." . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1z3t5_


SEATTLE ELECTRICIANS APPROVE THREE-YEAR CONTRACT RAISING
PAY, BENEFITS $7

Members of International Brotherhood of Electrical Workers
Local 46 in Seattle approve a new three-year contract with
the National Electrical Contractors Association that
provides wage and benefit increases totaling $7.01 per hour
over term for about 3,000 inside wiremen in four counties in
western Washington.  Increases under the agreement take
effect every six months and will result in a total wage and
benefit package of $46.84 per hour for journeymen in the
final six months of the contract, according to data provided
by Local 46.

Barry Sherman, assistant manager of the NECA chapter in
Seattle, says the six-month splits made less impact on
current projects, but he expresses concern that the
settlement may impact long-term market share of union
contractors competing with nonunion firms. Included in the
new agreement were several language changes, including an
expansion of start-time hours. Under the expired contract,
employers could require workers to start work between 6:30
a.m. and 8 a.m. without incurring premium pay charges. Under
the new contract, employers have the option of requiring
workers to report to work as early as 6 a.m. . . . Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1p3h7_


BUSH ADMINISTRATION'S BLUEPRINT FOR OSHA DISCUSSED AT
CONFERENCE

Labor Secretary Chao will decide within weeks the future of
Clinton administration rules governing the recording of
workplace injuries and illnesses, the acting head of the
Occupational Safety and Health Administration says. Acting
Administrator Layne tells participants at the American
Society of  Safety Engineers Safety 2001 conference and
exposition in Anaheim, Calif., that Chao also has scheduled
hearings on ergonomics and will decide by September how to
proceed on the issue.

Over the next few years, a greater emphasis will be placed
on reaching out to employers, employees, academia, and
professional  associations to determine better ways to
implement job safety and health protections, Layne says.
Also at the meeting, OSHA's head of the Directorate of
Construction presents figures showing fatality rates in the
construction industry and how OSHA is seeking to reduce
those numbers. . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1j1z7_


______________

TODAY'S EVENTS
______________

RETAIL SALES: Retail sales figures for May released, 8:30
a.m., Commerce Department.

________________

ALSO IN THE NEWS
________________


LABOR DEPARTMENT: Labor Secretary Chao names Charles James,
a former EEO manager at Bell Atlantic, as director of the
Office of Federal Contract Compliance Programs. James will
have the title of deputy assistant secretary of labor for
the employment standards administration. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1y1q2_

INTERNATIONAL LABOR: Speaking at the International Labor
Organization's biennial governing body meeting in Geneva,
Deputy Secretary of Labor Findlay affirms the Bush
administration's support for addressing labor and
environmental problems arising from trade liberalization but
pulls back from drawing a linkage between the two issues. .
. . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1z6g7_

EQUAL PAY: Lawmakers, including Sens. Clinton (D-N.Y.) and
Harkin (D-Iowa), celebrate the 38th anniversary of the Equal
Pay Act by calling for action on a bill that would allow
plaintiffs to collect compensatory and punitive damages for
violations of the statute. They are joined by Rep. DeLauro
(D-Conn.), Del. Norton (D-D.C.), union representatives, and
women's rights advocates.  . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1r2f5_


____

TEXT
____

SEX DISCRIMINATION: Decision of U.S. District Court for
Western District of Washington in "Erickson v. Bartell Drug
Co. ". . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1y1r4_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

SEX DISCRIMINATION
   Federal judge in Washington rules Bartell Drug Co.
   violated sex discrimination provisions of Title VII of
   the 1964 Civil Rights Act by excluding prescription
   contraceptive coverage from employee health benefit plan
   . . . Page AA-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2b6j0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1y1r4_


____

NEWS
____

AIRLINES
   Union and federal mediators report progress toward new
   collective bargaining agreement between United Airlines
   and IAM Lodge 131 . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1r3y3_

CONSTRUCTION
   IBEW local in Albuquerque, N.M., reaches agreement on
   three year contract with National Electrical Contractors
   Association covering estimated 1,500 workers employed by
   50 contractors in state . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1j8p0_

   IBEW members in Seattle approve three-year contract with
   National Electrical Contractors Association providing
   wage and benefit increases totaling $7.01 per hour for
   about 3,000 inside wiremen in four western Washington
   counties . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1p3h7_

DISCRIMINATION
   Eighth Circuit rules trial court properly dismissed race
   and disability discrimination claims of terminated
   Southwestern Bell employee, but violated federal labor
   laws by enjoining arbitration by CWA of claims discharge
   violated "just cause" provision of collective bargaining
   agreement . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q2g6_

DRUG AND ALCOHOL TESTING
   Transportation Department seeks comment on new
   requirement that applicants for jobs involving
   safety-sensitive functions in transportation industry be
   asked by employers about drug and alcohol testing history
   . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1q7a8_

EQUAL PAY
   Several lawmakers, including Sens. Clinton (D-N.Y.) and
   Harkin (D-Iowa), celebrate 38th anniversary of Equal Pay
   Act by calling for action on bill that would allow
   plaintiffs to collect compensatory and punitive damages
   for violations of statute . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1r2f5_

HEALTH CARE
   Commonwealth Fund report finds decline in
   employer-sponsored health insurance benefits among
   private-sector workers since late 1970s
   disproportionately affects low-wage workers . . . Page
   A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2c3d2_

HEALTH CARE EMPLOYEES
   Employees at private home health care agency that
   contracts with Milwaukee County vote for representation
   by SEIU, becoming the first home health agency in state
   to unionize . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0e5x9_

INTERNATIONAL LABOR
   U.S. official affirms Bush administration support for
   addressing labor and environmental problems arising from
   trade liberalization, but draws back from linking two
   issues . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1z6g7_

LABOR DEPARTMENT
   Labor Secretary Chao appoints David Gary Dye deputy
   assistant secretary of labor for employment and training
   . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2a4b3_

OFCCP
   Labor Secretary Chao names Charles James, former EEO
   manager at Bell Atlantic, director of OFCCP . . . Page
   A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1y1q2_

STEEL
   Members of the Independent Steelworkers Union ratify
   three separate, 15-month contracts covering some 3,500
   Weirton Steel Corp. workers . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1z3t5_

TAXES
   Federal judge in Mississippi rules labor agency that
   provided temporary workers to Caterpillar Inc. during
   1995 strike is liable for employment taxes on per-diem
   payments to non-local workers . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1p6k4_

TRADE
   Senate Finance Committee Chairman Baucus (D-Mont.) says
   he is committed to reauthorizing trade adjustment
   assistance program and expanding measure to include
   farmers . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2b7u9_

UNFAIR LABOR PRACTICES
   Seventh Circuit rules NLRB was justified in disregarding
   settlement agreement Beverly California Corp. reached
   with two illegally fired nursing assistants that awarded
   substantially lower amounts than board calculated workers
   were owed . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1z8u5_

UTILITIES
   IBEW and Midwest Generation Co. agree to begin
   negotiations for new contract covering electric utility's
   1,150 union-represented employees . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0u9x3_


_________________

CONFERENCE REPORT
_________________

CONSTRUCTION
   Chief of OSHA's Directorate of Construction calls falling
   fatality rate in U.S. construction industry an impressive
   improvement given dramatic employment rise in booming
   industry sector over last five years . . . Page C-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1j2c5_

LABOR DEPARTMENT
   Acting OSHA administrator says Labor Department under
   Bush will emphasize compliance assistance and focus on
   prevention of occupational injuries and illnesses . . .
   Page C-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1j2e7_

SAFETY & HEALTH
   Acting OSHA administrator says Labor Secretary Chao will
   decide within weeks the future of Clinton administration
   rules governing recording of workplace injuries and
   illnesses . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1j1z7_


____

TEXT
____

SEX DISCRIMINATION
   Decision of the U.S. District Court for the Western
   District of Washington in "Erickson v. Bartell Drug Co."
   . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1y1r4_


______________

TABLE OF CASES
______________

Beverly Cal. Corp. v. NLRB (7th Cir.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1z8u5_

Erickson v. Bartell Drug Co. (W.D. Wash.) . . . Page AA-1,
text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h2b6j0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1y1r4_

Taylor v. Southwestern Bell Tel. Co. (8th Cir.) . . . Page
A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q2g6_

Worldwide Labor Support of Miss. Inc. v. United States (S.D.
Miss.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h1p6k4_

   __________
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