User 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:	Tuesday, July 10, 2001 11:13 PM
To:	BNA Highlights
Subject:	July 11 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
July 11, 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
__________


TWO NLRB RULINGS ON ALLIEDSIGNAL REACH DIFFERENT RESULTS IN
D.C. CIRCUIT

In two decisions involving AlliedSignal's acquisition of
operations at an Army engine plant in Stratford, Conn., a
federal appeals court upholds a National Labor Relations
Board ruling that the company illegally terminated
collectively bargained severance benefits, but overturns a
separate board ruling that the company improperly ended a
side agreement.

The District of Columbia Circuit agrees with the board that
AlliedSignal, which has since been acquired by Honeywell
International Inc., committed an unfair labor practice by
unilaterally terminating severance benefits when an
agreement expired with the United Auto Workers regarding the
effects of AlliedSignal's acquisition ("Honeywell Int'l Inc.
v. NLRB, "D.C. Cir., No. 00-1171, 6/29/01). Finding no
bargaining impasse or union waiver, the appeals court
decides AlliedSignal was barred from making unilateral
changes regarding severance benefits, a mandatory subject of
bargaining. The second ruling involves AlliedSignal's
termination of a competitiveness agreement containing job
protections. The appeals court decides the issue only
involves contract interpretation, which is for arbitrators
and the courts to decide ("Honeywell Int'l Inc. v. NLRB,
"D.C. Cir., No. 00-1170, 6/29/01). . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f4e7_


NURSING HOME WORKER WINS FMLA CLAIM, MAY PROCEED WITH ADA
SUIT

A Pittsburgh nursing home violated the Family and Medical
Leave Act when it fired a former assistant nursing director
who took medical leave after being diagnosed with clinical
depression, the U.S. District Court for the Western District
of Pennsylvania holds ("Wilson v. Lemington Home for the
Aged, "W.D. Pa., No. 99-1893,  6/25/01).

Marva J. Wilson gave the Lemington Home for the Aged
adequate notice that she needed to take the leave, but the
employer failed to provide her with a written notice of her
legal obligations, the company's expectations of her under
its FMLA policy, and any consequence she might face for
failing to meet these expectations, Judge Ambrose rules,
granting Wilson summary judgment on her FMLA claims. Ambrose
also denies the employer's bid for summary judgment on
Wilson's claim that she was discriminated against in
violation of the Americans with Disabilities Act. . . . Page
A-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d7p0_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3b7e4_


OSHA PLANNING TO EXPAND INJURY SURVEY TO CONSTRUCTION IN
2002

The Occupational Safety and Health Administration plans to
expand its mandatory injury survey in 2002 to target between
15,000 and 20,000 construction companies, OSHA officials
tell BNA. The expansion would represent the first look at an
industry that so far has eluded a data-gathering effort,
begun by the Clinton administration nearly five years ago.

The plan, which one OSHA source says will be outlined in a
"Federal Register" notice slated for publication in late
July, is scaled back from a proposal unveiled a year ago to
survey about 56,000 construction companies in 2001. The
"Federal Register" notice is expected to seek comments on
the proposal as the first formal step toward implementing
the construction survey. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2x3e1_


NO ERISA BAR TO PHARMACIST'S STATE CLAIMS OVER CVS'S HIRING
DATE

Reversing a lower court,  the North Carolina Court of
Appeals finds no preemption under the Employee Retirement
Income Security Act on a pharmacist's state law action
alleging retail drug chain CVS breached a contract and
engaged in unfair and deceptive trade practices by selecting
an improper hire date for calculating his pension benefits
("Vaughn v. CVS Revco D.S. Inc., "N.C. Ct. App., No.
COA00-159, 7/3/01).

Pharmacist William Edward Vaughn's state law claims do not
attempt to require an employee benefit plan to provide
particular terms or to regulate the types of benefits the
plan must provide, the appeals court says.  Rather, Vaughn's
"claims simply seek to enforce, or secure compensation for
the breach of an alleged agreement as to the date of hire
for purposes of determining plaintiff's pension benefits,"
the court says.

 Vaughn was hired by Revco drug stores on Feb. 15, 1972; in
August 1995 CVS acquired Revco.  Vaughn alleged that CVS in
hiring him confirmed by letter that he would "retain [his]
tenure showing a date of hire of February 15, 1972," and
"[a]ll benefits will be applicable per [his] tenure." Vaughn
brought suit in a North Carolina state court, however, after
CVS agents later told him his pension benefits would be
calculated as of the date he was hired by CVS in 1995. . . .
Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d8k1_


CARPENTERS, MASON TENDERS NEGOTIATE FIVE-YEAR CONTRACTS IN
NEW YORK

New five-year collective bargaining agreements went into
effect July 1 for at least 19,000 union carpenters and mason
tenders in the five boroughs of New York City.

The Carpenters and Joiners District Council of New York and
Vicinity negotiated separate agreements with the Building
Contractors Association of New York and the Association of
Wall-Ceiling and Carpenters Contractors of Long Island and
New York City. Both agreements provide wage and fringe
benefit increases of $14.52 per hour over the contract term.
The agreements cover at least 9,000 workers.

BCA also concludes a separate five-year agreement with the
Mason Tenders District Council of the Laborers International
Union that provides wage and benefit increases totaling
$7.50 per hour over term for approximately 10,000 workers in
the five boroughs of New York City. . . . Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2r7b2_


________________

ALSO IN THE NEWS
________________

MANUFACTURING: Some 1,300 union-represented employees of
Freightliner Corp. are working under new three-year
contracts at the company's truck and auto parts
manufacturing plant in Portland, Ore. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3c0y7_

WHISTLEBLOWERS: The Occupational Safety and Health
Administration, which has responsibility for investigating
whistleblower complaints under various environmental
statutes, "is not completing" those investigations within
the statutorily mandated 30 days, the Labor Department's
Office of Inspector General says in its semiannual report. .
. . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f8c0_

CONGRESS: Sen. Jeffords (I-Vt.), whose party change shifted
Senate control to the Democrats, will retain a slot on the
Senate Health, Education, Labor, and Pensions Committee
under new committee assignments. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d1r7_

MINIMUM WAGE: Senate Finance Committee members say the
Senate will wait until after the August recess to take up a
bill (S. 277) that would raise the federal minimum wage by
$1.50 an hour. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f3t1_


____

TEXT
____

FAMILY LEAVE: U.S. District Court for the Western District
of Pennsylvania's decision in "Wilson v. Lemington Home for
the Aged". . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3b7e4_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

UNFAIR LABOR PRACTICES
   D.C. Circuit upholds NLRB ruling that AlliedSignal
   illegally terminated collectively bargained severance
   benefits, but overturns separate board ruling that
   company improperly ended side agreement . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f4e7_


____

NEWS
____

AFL-CIO
   Study by AFL-CIO's Department for Professional Employees
   details current and projected employment, unemployment,
   earnings, and union membership trends among scientists,
   engineers, and technical workers . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d6x0_

AGE DISCRIMINATION
   Wal-Mart Stores Inc. agrees to pay $55,000 to former
   manager to resolve charges of age discrimination and
   retaliation . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f0t1_

CONGRESS
   Sen. Jeffords (I-Vt.), will retain slot on Senate Health,
   Education, Labor, and Pensions Committee . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d1r7_

CONSTRUCTION
   Carpenters members in Seattle ratify new three-year
   agreement with Northwest Wall and Ceiling Contractors
   Association covering some 2,000 tradesmen . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2c0f7_

   Union carpenters and mason tenders in five boroughs of
   New York City ratify five-year collective bargaining
   agreements . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2r7b2_

DISCRIMINATION
   One day after President Bush named passage of a bill
   (H.R. 7) that would allow faith-based organizations to
   compete for federal funds under programs offering job
   training and other services as one of his top legislative
   priorities, the White House makes a point of distancing
   itself from proposal to exempt organizations from state
   and local laws barring discrimination based on sexual
   orientation . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3e9c8_

ERISA
   North Carolina appellate court rules ERISA does not
   preempt pharmacist's state law claims alleging retail
   drug chain CVS breached contract and engaged in unfair
   and deceptive trade practices in selecting improper hire
   date for purposes of calculating pension benefits . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d8k1_

FAMILY LEAVE
   Federal judge rules Pittsburgh nursing home violated FMLA
   by firing employee who took medical leave after being
   diagnosed with clinical depression . . . Page A-1,  Text
   E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d7p0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3b7e4_

IMMIGRATION
   President Bush pledges support for INS initiative with
   goal of processing all naturalization applications within
   six months of receipt . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3e1b6_

JOB TRAINING
   Labor Department's Office of Disability Employment Policy
   to make $2.65 million available under Workforce
   Investment Act for grants aimed at increasing employment
   opportunities for disabled adults and providing
   comprehensive services to disabled youths . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f0u2_

MANUFACTURING
   Some 1,300 union-represented employees of Freightliner
   Corp. ratify new three-year contracts at company's truck
   and auto parts manufacturing plant in Portland, Ore. . .
   . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3c0y7_

MINIMUM WAGE
   Members of the Senate Finance Committee say they will
   wait until after month-long August recess to take up bill
   (S. 277) that would raise federal minimum wage by $1.50
   an hour . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f3t1_

SAFETY & HEALTH
   OSHA announces plans to expand mandatory injury survey in
   2002 to target between 15,000 and 20,000 construction
   companies . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2x3e1_

   Semiannual report by Labor Department inspector general
   finds OSHA is not completing investigations of
   whistleblower complaints under various environmental
   statutes within statutorily mandated 30 days . . . Page
   A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f8c0_

TRUCKING
   Fourth Circuit grants Overnite Transportation Co.'s
   petition for full-court rehearing of panel decision
   enforcing 1999 bargaining order . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f4c2_

WORKFORCE REDUCTIONS
   Alcatel SA to cut another 2,500 jobs from U.S. workforce
   . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3c3a8_

   Corning Inc. to close three plants in northeast and scale
   back operations at fourth facility, resulting in
   reduction of 1,000 jobs . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3c1r2_


____

TEXT
____

FAMILY LEAVE
   Decision of the U.S. District Court for the Western
   District of Pennsylvania in "Wilson v. Lemington Home for
   the Aged" . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3b7e4_


______________

TABLE OF CASES
______________

EEOC v. Wal-Mart Stores Inc. (N.D. Ill.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f0t1_

Honeywell Int'l Inc. v. NLRB (D.C. Cir.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f4e7_

Overnite Transp. Co. v. NLRB (4th Cir.) . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3f4c2_

Vaughn v. CVS Revco D.S. Inc. (N.C. Ct. App.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d8k1_

Wilson v. Lemington Home for the Aged  (W.D. Pa.) . . . Page
A-1,  text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3d7p0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k3b7e4_

   __________
   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.