ID:enrondlr
PW: bnaweb22

 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Monday, June 11, 2001 11:04 PM
To:	BNA Highlights
Subject:	June 12 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
June 12, 2001
______________________________

ISSN 1522-5968

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

Information about becoming a subscriber or signing up for a
FREE Web trial is available at http://web.bna.com or call
BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
am - 7:00 pm (ET).
__________

HIGHLIGHTS
__________


SUPREME COURT LETS STAND RULING ALLOWING EPA SUITS AGAINST
STATES

The U.S. Supreme Court lets stand an appeals court decision
that the 11th Amendment does not bar Equal Pay Act suits
against state employers, clearing the way for a class action
by female faculty at Illinois State University who allege
they are paid less than their male colleagues ("Illinois
State Univ. v. Varner, "U.S., No. 00-1277, "cert. denied"
6/11/01). In April 1996, a federal district court certified
a class of all female faculty members from 1982 to the
present.

This is the second time the Supreme Court has taken action
on the case. The Seventh Circuit in July 1998 affirmed a
district court ruling that the school was not immune from
suit. In January 2000, the Supreme Court vacated the appeals
court decision and remanded the case for reconsideration in
light of "Kimel v. Florida Bd. of Regents", which held that
the 11th Amendment barred Age Discrimination in Employment
Act suits against state employers. The Seventh Circuit in
September 2000 again ruled that Congress, in passing the
EPA, validly exercised its authority under the 14th
Amendment to abrogate state immunity under the 11th
Amendment, taking away any impediment to EPA suits against
state employers. . . . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0n3a6_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3q6_


COURT REVIVES ARBITER'S RULING REINSTATING SEXUAL HARASSER

An arbitrator did not violate public policy or exceed his
authority in reinstating a Texas factory worker who had been
discharged for sexually harassing female employees, the
Fifth Circuit rules ("Weber Aircraft Inc. v. General
Warehousemen and Helpers Union Local 767, "5th Cir., No.
00-40284, 6/7/01).

"The question to be answered is not whether [employee Roy]
Sewell's sexual harassment of female coworkers itself
violates public policy, but whether the [collective
bargaining agreement], which (as interpreted by the
arbitrator) for his reinstatement, does so," Judge  Dennis
writes for the Fifth Circuit, reversing a district court's
ruling that had vacated the arbitration award. Applying
Supreme Court precedent, the court finds no " 'explicit,'
'well-defined,' 'dominant' public policy to which the
arbitrator's decision 'runs contrary.' " . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q4w9_


IBEW MEMBERS RATIFY  THREE-YEAR AGREEMENT WITH EXELON CORP.

Members of Local 15 of the International Brotherhood of
Electrical Workers vote overwhelmingly to ratify a new
three-year pact with Exelon Corp. that will provide
employees of the Chicago-based electric utility with 3.5
percent wage increases in each year of the agreement.

The new agreement covers about 7,500 Exelon employees in
northern Illinois--nearly all of Exelon's nonsalaried
workers in the state. Covered employees include clerks,
underground technicians, repair and maintenance workers, and
technicians operating Exelon's fleet of nuclear power
plants.  Exelon, an energy generation and distribution
company, was formed last year through the merger between
Unicom Corp. and Peco Energy Inc. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0t1h9_


EU MEMBER STATES AGREE ON MEASURE TO REQUIRE WORKER
CONSULTATIONS

European Union member states reach agreement on
controversial labor legislation that would require companies
with 50 employees or less to consult with workers before
implementing layoffs or decisions related to relocation or
other economic restructuring. The Council of Social Affairs
Ministers meeting in Luxembourg also approves legislation to
set noise limits in the workplace and require equal
treatment for male and female workers.  All three measures
must still be approved by the European Parliament, and any
differences between the two institutions must be worked out
in a conciliation committee.

 The United Kingdom and Ireland had blocked the worker
consultation legislation since it was proposed by the
European Commission in 1998.  Under an agreement proposed by
Sweden--which holds the rotating EU presidency--a seven-year
exemption for the United Kingdom and Ireland was added to
the measure. In addition, language was removed from the
proposed legislation that would have allowed member states
to financially sanction any company that violates the
legislation.  . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q4n4_


TRAINING IN EMPLOYMENT LAW HELPS MANAGERS, PREVENTS LAWSUITS

Employment law training is being called safety training for
managers and inexpensive insurance for employers. A number
of U.S. Supreme Court decisions in recent years that allow a
company's policies and procedures to be part of a defense
against charges such as sexual harassment are leading many
companies to recognize the need for such training to prevent
situations that could lead to expensive employment lawsuits.

According to one company's training director, three Supreme
Court decisions--"Faragher v. Boca Raton, Fla." in 1998,
"Burlington Industries Inc. v. Ellerth" in 1998, and
"Kolstad v. American Dental Assoc. " in 1999--made many
companies realize the need for employment law training. They
"have made employers responsible for managers' conduct,
particularly in harassment situations," she says.

A broad spectrum of training tools is available and growing
all the time to meet employers' demands for teaching
managers and others about employment law. They include
on-site classroom training tailored by lawyers, company
policies, generic classroom training by employer
associations on specific employment law topics, e-learning
at employees' desks about aspects of a particular law,
videos, and printed materials. . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3b7_


________________

ALSO IN THE NEWS
________________

STEEL: LTV Corp. asks a bankruptcy court to allow it to
terminate its contract with the United Steelworkers,
covering some 7,000 employees, to implement a restructuring
proposal, and to reduce its share of retiree health
benefits. . . . Page A-9

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0v3u4_

UTILITIES:Members Gas Workers Union Local 18007, which
represents more than 1,000 employees of the Peoples Gas
subsidiary of Peoples Energy Corp., end a three-week strike
after ratifying a new four-year pact with the Chicago-based
utility by a vote of 606-239. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0t6x7_

MINIMUM WAGE:  The Oregon Senate passes a bill that would
prohibit local governments from establishing minimum wage
rates for most private-sector employees that exceed the
state's minimum wage of $6.50 per hour. . . . Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0h8j7_

DISCRIMINATION:  A Massachusetts jury awards $7.6 million to
a former executive of the Massachusetts Bay Transportation
Authority who claimed she was fired in retaliation for
filing a discrimination complaint. . . . Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q0m9_


____

TEXT
____

SUPREME COURT: Summaries of labor and employment law cases
in which Supreme Court denied review June 11, 2001. . . .
Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3q6_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

EQUAL PAY ACT
    U.S. Supreme Court lets stand Seventh Circuit ruling
   that 11th Amendment does not bar Equal Pay Act claims
   against state employers, clearing way for class action
   suit by female faculty at Illinois State University who
   allege they are paid less than male colleagues . . . Page
   AA-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0n3a6_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3q6_


____

NEWS
____

ARBITRATION
   Fifth Circuit rules arbitrator did not violate public
   policy or exceed authority by reinstating Texas factory
   worker discharged for sexually harassing female employees
   . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q4w9_

DISCRIMINATION
   Massachusetts jury awards $7.6 million to former
   executive of Massachusetts Bay Transportation Authority
   who claimed she was fired in retaliation for filing
   discrimination complaint . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q0m9_

ERGONOMICS
   Labor Department issues notice requiring individuals
   wishing to speak at upcoming public forums on workplace
   ergonomics hazards to notify OSHA by June 29 . . . Page
   A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f1j1_

INTERNATIONAL LABOR
   European Union member states reach political agreement on
   controversial labor legislation that would require
   companies with 50 employees or fewer to consult with
   workers before implementing layoffs or decisions related
   to relocation or other economic restructuring . . . Page
   A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q4n4_

   Workplace issues likely to be key in Labor Party agenda
   following second landslide election victory for British
   Prime Minister Blair . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0p9a0_

LITIGATION
   Maryland appellate court rules comments made in written
   apology issued as part of sexual harassment settlement
   are subject to absolute privilege as part of judicial
   proceeding . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4g9p7k4_

MINIMUM WAGE
   Oregon Senate passes bill (H.B. 2744b) prohibiting local
   governments from establishing minimum wage rates for most
   private sector employees exceeding state's minimum wage
   of $6.50 per hour . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0h8j7_

PENSIONS
   Lawmakers, practitioners, and business groups backing
   pension reform provisions describe package as means of
   encouraging employers to provide retirement plans
   benefitting workers of every social class . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f1v1_

SOCIAL SECURITY
   Member at first meeting of President's Commission to
   Strengthen Social Security stress need to revamp system
   and use plain language to explain causes and recommended
   solutions . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0u2j5_

STEEL
   Bipartisan coalition of 39 House lawmakers calls on
   President Bush to provide interim emergency relief to
   steel industry for period between initiation of ITC probe
   on steel imports and imposition of relief measures . . .
   Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0t4g7_

   LTV Corp. asks bankruptcy court to allow it to terminate
   contract with United Steelworkers covering some 7,700
   employees and implement restructuring proposal . . . Page
   A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0v3u4_

TAXES
   IRS releases Publication 15-T, new federal withholding
   tables effective for wages paid after June 30 . . . Page
   A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q1m0_

UTILITIES
   Gas Workers Union, representing more than 1,000 employees
   of Peoples Gas subsidiary of Peoples Energy Corp., ends
   three-week strike after members ratify four-year contract
   . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0t6x7_

   IBEW members vote overwhelmingly to ratify new three-year
   contract with Exelon Corp., providing 3.5 percent wage
   increases in each year of agreement . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0t1h9_


______

TRENDS
______

JOB TRAINING
    In light of Supreme Court rulings allowing company
   policies and procedures to be used as defense to charges
   such as sexual harassment, many employers turn to
   training managers in employment law as inexpensive way to
   prevent situations that could lead to expensive
   employment lawsuits . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3b7_


____

TEXT
____

SUPREME COURT
   Summaries of labor and employment law cases in which U.S.
   Supreme Court denied review June 11, 2001 . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3q6_


______________

TABLE OF CASES
______________

Askew v. Union Pacific R.R. Co. (U.S.) . . . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3t6_

Edwards v. Massachusetts Bay Transit Auth. (Mass. Super.
Ct.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q0m9_

Illinois State Univ. v. Varner (U.S.) . . . Page AA-1,  text
E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0n3a6_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3q6_

Kirchmann v. Lake Elsinore Unified Sch. Dist. (U.S.) . . .
Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3r1_

Rhem v. Britain (U.S.) . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3r6_

Sodergren v. Johns Hopkins Univ. Applied Physics Lab. (Md.
Ct. Spec. App.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4g9p7k4_

Weber Aircraft Inc. v. General Warehousemen and Helpers
Union Local 767 (5th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0q4w9_

Wozniak v. Conry (U.S.) . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h0f3t1_

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

   For account information and changes, contact
   1-800-372-1033 (M-F, 8:30 am-7:00 pm ET)

   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.