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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, July 25, 2001 11:04 PM
To:	BNA Highlights
Subject:	July 26 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
July 26, 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
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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
am - 7:00 pm (ET).
__________

HIGHLIGHTS
__________


NLRB 4-0 APPROVES CROWN CORK'S USE OF SEVEN EMPLOYEE
COMMITTEES

Crown Cork & Seal's use of four production teams and three
other employee participation committees at its aluminum can
manufacturing plant in Texas does not violate federal labor
law, the National Labor Relations Board rules unanimously
("Crown Cork & Seal Co., "334 N.L.R.B. No. 92, 7/20/01
[released 7/25/01]).

Chairman Hurtgen and Members Liebman, Truesdale, and Walsh
agree with an administrative law judge's findings that the
seven committees are not employer-dominated labor
organizations. Rather than "dealing with" management in a
bilateral fashion of making proposals that are accepted or
rejected by management, the committees exercise authority,
delegated by management, to operate the plant within certain
parameters, the board decides.

Since the opening of Crown Cork's plant in 1984, the company
has used an employee management system called the
"socio-tech system" designed to delegate substantial
authority to employees to operate the plant through
participation on permanent and temporary teams, boards, and
committees that reach decision through discussion and
consensus. . . . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0p0e9_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0j5x9_


COURT SAYS LESBIANS HAVE NO TITLE VII SUIT AGAINST
CHILDREN'S HOME

Two workers denied employment at the Kentucky Baptist Home
for Children Inc. because of their homosexuality failed to
establish that the employer violated Title VII of the 1964
Civil Rights Act's prohibition against religious
discrimination, the U.S. District Court for the Western
District of Kentucky rules ("Pedreira v. Ky. Baptist Homes
for Children,  "W.D. Ky.,  No. 3:00CV-210-S,  7/23/01).

Granting summary judgment to KBHC on the Title VII claim,
Judge Simpson rules that Alicia Pedreira's and Karen Vance's
religious freedom was not intruded upon by the employer
because there was no evidence that their homosexuality was
premised on their religious beliefs or lack thereof.
However, the court finds that the two plaintiffs, joined by
seven others, may proceed with their lawsuit challenging on
constitutional grounds Kentucky's granting of public funds
to the home. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0k4v1_


 KENNEDY TO ADDRESS GENETIC BIAS BILL'S OVERLAP OF ADA,
PRIVACY RULES

Senate Health, Education, Labor, and Pensions Committee
Chairman Kennedy (D-Mass.) says he will examine how current
law addresses genetic bias as the committee considers a bill
(S. 318) that would prohibit employers and health insurers
from discriminating against individuals based on their
genetic information.

At a committee hearing on genetic discrimination, several
Republican lawmakers express concern that the bill,
sponsored by Senate Majority Leader Daschle (D-S.D.), is not
consistent with current civil rights laws. Kennedy calls
those concerns "legitimate" and says most lawmakers agree
that legislation barring genetic discrimination should not
duplicate existing law. Kennedy says he expects Congress to
pass further legislation barring genetic bias, even after
taking into account the protections in current law.

Daschle says his bill would prohibit employers from making
employment decisions based on predictive genetic
information. The measure also would prohibit employers from
requesting, requiring, or disclosing a person's genetic
information without his or her informed consent, he says. .
. . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0h8t8_


UNION-REPRESENTED EMPLOYEE CANNOT SUE FOR WRONGFUL DISCHARGE

A union-represented employee who was fired after filing a
workers' compensation claim cannot sue his employer for
wrongful discharge, a federal judge in Philadelphia rules,
dismissing the claim of a former American Red Cross employee
("Harper v. American Red Cross Blood Services, "E.D. Pa.,
No. 01-1676, 7/17/01).

"[W]e agree with other courts that the Labor Management
Relations Act would be frustrated if a plaintiff like [Gary]
Harper could 'end-run the grievance procedure outlined in
his collective bargaining agreement by filing a wrongful
discharge claim in court,'" writes Judge Joyner of the U.S.
District Court for the Eastern District of Pennsylvania.
Although a Pennsylvania Supreme Court decision permitted
wrongful discharge suits in a similar situation, the
employees in that case were at-will workers who did not have
union representation. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0g6n9_


NEW CONTRACTS RAISE MANUFACTURING PAY 3.1 PERCENT ON AVERAGE

Data compiled by BNA in the first 30 weeks of 2001 show
newly bargained contracts in the manufacturing industry
provided a weighted average first-year gain of 3.1, compared
with 3.5 percent in 2000, while agreements in the
nonmanufacturing sector (excluding construction) produced a
weighted average increase of 4.1 percent, unchanged from the
comparable period in 2000. The current median manufacturing
increase was 3 percent, the same increase as reported a year
ago, and the median nonmanufacturing increase was 3.9
percent, compared with 3.4 percent.

Among new settlements included in the latest biweekly wage
tabulation are: a three-year contract between Maytag Co. and
the United Auto Workers; a three-year agreement between Walt
Disney World Co. and the Service Trades Council; and a
five-year agreement between the Building Contractors
Association of New York and the Laborers' International
Union. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4m8w2a6_


______________

TODAY'S EVENTS
______________

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

COMPENSATION:Employment cost index figures for second
quarter 2001 from Bureau of Labor Statistics released, 8:30
a.m., Labor Department.

________________

ALSO IN THE NEWS
________________


HEALTH CARE EMPLOYEES:  Members of the California Nurses
Association at four Catholic Healthcare West hospitals in
the Sacramento area ratify a two-year contract that raises
pay by 11.5 percent and calls for staffing disputes to be
resolved by a neutral arbitrator. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0f3p1_

AGE DISCRIMINATION: Seventeen employees who were denied
retirement eligibility in a buyout program but kept their
jobs with the same compensation had no claim for age
discrimination, the Eighth Circuit rules. . . . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0h7e1_

TRADE :  Senate Finance Committee Chairman Baucus (D-Mont.)
releases a set of principles aimed at building a consensus
on trade promotion authority, also known as fast track, that
include labor and environmental provisions. . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0n0f7_

NAFTA:The Senate votes 65-35 to table an amendment by Sens.
Gramm (R-Texas) and McCain (R-Ariz.) that would have gutted
language in the fiscal 2002 transportation spending bill
(H.R. 2299) aimed at restricting Mexican trucks entering the
United States. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0p1v8_


____

TEXT
____

EMPLOYEE PARTICIPATION: National Labor Relations Board
decision in" Crown Cork & Seal Co. ". . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0j5x9_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

EMPLOYEE PARTICIPATION
   Crown Cork & Seal's use of four production teams and
   three other employee participation committees at its
   aluminum can manufacturing plant in Texas does not
   violate federal labor law, NLRB rules . . . Page AA-1,
   Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0p0e9_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0j5x9_


____

NEWS
____

AFL-CIO
   About half of working Americans believe President Bush
   cares more about protecting the rights of businesses and
   employers than about protecting the rights of workers,
   according to poll results released by the AFL-CIO . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0m0w6_

AGE DISCRIMINATION
   Seventeen employees who were denied retirement
   eligibility in a buyout program but who kept their jobs
   with the same compensation have no claim for age
   discrimination, the Eighth Circuit rules . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0h7e1_

AIRLINES
   American Airlines' proposal to put negotiations with its
   pilots' union on a fast track may or may not fly, but
   both sides agree that the talks need to be accelerated .
   . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0n2b2_

ARBITRATION
   Beer distributorship manager who was demoted at age 58
   must submit his age discrimination claim to arbitration,
   when one year earlier he had signed a form acknowledging
   receipt of an employee handbook that stated all
   employment disputes "will be submitted to and finally
   resolved exclusively through mandatory binding
   arbitration," the Alabama Supreme Court rules in a 5-2
   decision . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0f8q9_

DISCRIMINATION
   Senate Health, Education, Labor, and Pensions Committee
   Chairman Kennedy (D-Mass.) says he will examine how
   current law addresses genetic bias as the committee
   considers a bill (S. 318) that would prohibit employers
   and health insurers from discriminating against
   individuals based on their genetic information . . . Page
   A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0h8t8_

HEALTH CARE EMPLOYEES
   Members of the California Nurses Association at four
   Catholic Healthcare West hospitals in the Sacramento area
   ratify a two-year contract that raises pay by at least
   11.5 percent and calls for staffing disputes to be
   resolved by a neutral arbitrator . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0f3p1_

IMMIGRATION
   Justice Department announces grants totaling $700,000
   were awarded to several nonprofit groups that operate
   programs aimed at eliminating workplace discrimination
   against immigrants . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0k2y8_

MINIMUM WAGE
   Less than 24 hours after a living wage law formally
   passes the Santa Monica, Calif., City Council, opponents
   of the measure launch a petition drive to gather enough
   signatures to place a repeal referendum . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0n5h1_

NAFTA
   Senate votes 65-35 to table an amendment that would have
   gutted language in the fiscal 2002 transportation
   spending bill (H.R. 2299) aimed at restricting Mexican
   trucks entering the United States . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0p1v8_

RELIGIOUS DISCRIMINATION
   Two workers denied employment at the Kentucky Baptist
   Home for Children Inc. because of their homosexuality
   failed to establish that the employer violated Title VII
   of the 1964 Civil Rights Act's prohibition against
   religious discrimination, a federal district court in
   Kentucky rules . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0k4v1_

SAFETY & HEALTH
   Dana-Farber Cancer Institute announces that a consortium
   formed with unions and tobacco control groups plans to
   launch a campaign aimed at reducing tobacco use and
   exposure to secondhand smoke among blue-collar workers .
   . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0d7j0_

TRADE
   Senate Finance Committee Chairman Baucus (D-Mont.)
   releases a set of principles aimed at building a
   consensus on trade promotion authority, also known as
   fast track, which has been stalled for years . . . Page
   A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0n0f7_

WORKFORCE REDUCTIONS
   Chemical manufacturer DuPont Co., headquartered in
   Wilmington, Del., announces it will eliminate up to 5,500
   jobs, a possible increase of 1,500 cuts from its April
   projection of reducing 4,000 positions from its global
   workforce of 93,000, because of the economic downturn . .
   . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0k0p4_

WRONGFUL DISCHARGE
   Union-represented employee who was fired after filing a
   workers' compensation claim cannot sue his employer for
   wrongful discharge, a federal judge in Philadelphia
   rules, dismissing the claim of a former American Red
   Cross employee . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0g6n9_


_____________

ECONOMIC NEWS
_____________

COLLECTIVE BARGAINING
   Data compiled by BNA show that in the first 30 weeks of
   2001, newly bargained contracts in the manufacturing
   industry provided a weighted average first-year gain of
   3.1, compared with 3.5 percent from the comparable period
   in 2000, while agreements in the nonmanufacturing sector
   (excluding construction) produced a weighted average
   increase of 4.1 percent, unchanged from the comparable
   period in 2000 . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4m8w2a6_


____

TEXT
____

EMPLOYEE PARTICIPATION
   NLRB decision in "Crown Cork & Seal Co." . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0j5x9_


______________

TABLE OF CASES
______________

Cooney v. Union Pacific R.R. Co. (8th Cir.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0h7e1_

Crown Cork & Seal Co.  (334 N.L.R.B. No. 92) . . . Page
AA-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0p0e9_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0j5x9_

Gadsden Budweiser Distrib. Co. v. Holland (Ala.) . . . Page
A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0f8q9_

Harper v. American Red Cross Blood Servs. (E.D. Pa.) . . .
Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0g6n9_

Pedreira v. Ky. Baptist Homes for Children (W.D. Ky.) . . .
Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n0k4v1_

   __________
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