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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
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Subject:	July 10 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
July 10, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


SECOND CIRCUIT RULES NYTEL-CWA PACT ON DUES PAYMENTS
UNENFORCEABLE

Communications Workers of America Local 1100 cannot enforce
an agreement with New York Telephone Co. calling for the
company to make monthly payments equal to the dues the union
would have collected if the company had not used nonunion
temporary workers, the Second Circuit rules ("New York
Telephone Co. v. Communications Workers of Am. Local 1100,
"2d Cir., No. 00-9182, 7/5/01).

Vacating an arbitration decision in the union's favor, the
appeals court affirms a federal district court decision that
the agreement violates the Labor-Management Relations Act's
prohibition on employer payments to unions. The appeals
court decides the payments do not fit statutory exceptions
for deducting dues from employees' wages or paying an
arbitration award. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a9u4_


HOSPITAL MAY HAVE TITLE VII LIABILITY FOR PATIENT'S SEXUAL
ASSAULT OF DOCTOR

A Kansas psychologist who was sexually assaulted by a
patient can sue her former employer, a Topeka mental health
center, for violating Title VII of the 1964 Civil Rights Act
by failing to take reasonable measures to protect her from a
hostile environment created by sexually aggressive patients,
the Tenth Circuit rules ("Turnbull v. Topeka State Hospital,
"10th Cir.,  No. 00-3086,  7/5/01).

Reversing a trial court's judgment as a matter of law for
the now-defunct Topeka State Hospital, Judge Seymour holds
that a reasonable jury could find that Cynthia Turnbull
presented enough evidence that the hospital knew or should
have known that the patients were creating a sexually
hostile environment but did not take appropriate remedial
steps to address the dangers their behavior created. . . .
Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a6f3_


UNION MEMBERS AT DISNEY WORLD APPROVE THREE-YEAR CONTRACT

Members of six union locals representing hourly employees at
Walt Disney World Co. approve by nearly a 2-1 margin a new
three-year contract covering some 25,000 workers at the
Orlando, Fla., entertainment complex. The accord raises the
new-hire rate by 35 cents to $6.70 per hour, enhances the
pension benefit for long-term employees, limits the amount
of health-care premium increases that can be passed on to
employees, and commits Disney to remaining neutral in any
union organizing among currently unrepresented part-time
employees.

The new agreement continues the two-tier wage structure
first included in the contract during the last round of
negotiations in 1998.  Employees on the first tier, hired
before Dec. 12, 1998, who are at the top of the five-year
wage scale, will receive a 2 percent increase retroactive to
April 1, a $1,000 lump-sum cash payment in October, and lump
sums of $1,500 in October 2002 and 2003. For second-tier
employees hired after Dec. 12, 1998, the new contract
upgrades the wage rates at the various steps of the
progression, establishing a five-year top rate of $8.57 per
hour as of July 2004. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a4p9_


LTV, CREDITORS, UNION SEEK COURT APPROVAL OF TENTATIVE
CONTRACT

LTV Corp. announces its approval of a tentative labor
contract reached between the company's creditors and the
United Steelworkers that would allow the steel producer to
restructure itself. On the same day, a bankruptcy court
judge sets a July 30 hearing to consider approval of the
agreement.

The tentative agreement would provide the company with
millions in savings through restructuring work arrangements
as well as restructuring health care to reduce costs. It
also would eliminate significantly more steelworker jobs
than the company originally had proposed, but would give
union members 20 percent ownership, two seats on the board
of directors, and profit sharing, once LTV returns to
profitability. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a7x5_


ATF, CHEMICAL SAFETY PANEL SIGN ACCORD ON COORDINATING
INQUIRIES

The Chemical Safety and Hazard Investigation Board and the
Bureau of Alcohol, Tobacco, and Firearms sign an agreement
to better coordinate investigations of chemical plant
explosions and to improve exchange of chemical safety data.
The memorandum of understanding lists 10 principles aimed at
improving the process under which the agencies are to notify
each other of chemical explosions at chemical plants.

Although it has no enforcement authority, the Chemical
Safety Board offers recommendations for rulemakings to the
Occupational Safety and Health Administration, the
Environmental Protection Agency, and other state and federal
agencies.  ATF, a division of the Treasury Department,
enforces criminal law related to arson and explosives.

Under the agreement, both the chemical board and ATF will
rely on sources such as the National Response Center, a
federal operation open 24 hours a day, for initial
notification of chemical releases. The board also will
notify the ATF Enforcement Operation Center, based in
Washington, D.C., when it begins an investigation of a
chemical accident. The agreement is designed to prevent
duplicative investigations and minimize disputes over
jurisdiction in investigations. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a1d0_


________________

ALSO IN THE NEWS
________________

ECONOMIC OUTLOOK: Economists overwhelmingly predict that the
U.S. economy will avoid slumping into a recession, but they
say the business climate during the second quarter was the
worst they have seen since the 1990-1991 recession,
according to the National Association for Business
Economics's quarterly industry survey of 135 economists. . .
. Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1y3w6_

INTERNATIONAL LABOR: Despite their relatively small
representation in the workforce, female executives in the
United States have outpaced their counterparts in other
countries, according to a new study by the International
Labor Organization. In the United States, women held 5.1
percent of the highest ranking executive management
positions in 1999 compared with 2 percent in France, 3
percent in Germany and Brazil, and 3.6 percent in the United
King- dom. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1y4x2_

CONSTRUCTION: Wage and benefit increases negotiated in the
first year of new construction-industry bargaining
agreements in 2001 have averaged $1.54 per hour, or 5
percent, according to data compiled by the industry-backed
Construction Labor Research Council.  The figures compare
with $1.23 per hour, or 4.1, percent negotiated for the
comparable period a year ago. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a0e3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

LABOR LAW
   Second Circuit rules CWA Local 1100 cannot enforce
   illegal agreement with New York Telephone Co. for payment
   of monthly sums equal to dues union would have collected
   if company had not used nonunion temporary workers . . .
   Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a9u4_


____

NEWS
____

AGE DISCRIMINATION
   Tenth Circuit reverses decertification of class in age
   discrimination case, finding lower court failed to
   recognize pattern-or-practice theory offered by
   plaintiffs . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1y2p1_

AIRLINES
   IAM files petition with NMB for representation election
   among about 7,800 fleet service employees of Continental
   Airlines . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2c8x1_

CONSTRUCTION
   Construction Labor Research Council releases data showing
   wage and benefit increases negotiated in first year of
   new construction-industry labor agreements in 2001 have
   averaged $1.54 per hour, or 5 percent . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a0e3_

DISCRIMINATION
   Eighth Circuit finds bank vice president denied pay
   raises after poor performance reviews failed to show
   denials were motivated by age or disability bias . . .
   Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1x2x4_

ECONOMIC OUTLOOK
   Surveyed economists expect U.S. economy to avoid
   recession, but say business climate during second quarter
   was worst since 1990-1991 recession . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1y3w6_

ENTERTAINMENT
   Members of six locals approve three-year contract
   covering some 25,000 Walt Disney World Co. workers in
   Orlando, Fla. . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a4p9_

HEALTH CARE
   President Bush urges Congress to pass patients' bill of
   rights bill acceptable to administration before August
   recess . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2d3d5_

HOTEL EMPLOYEES
   HERE international lifts trusteeship begun in late
   February following election of Eric Gill to head Local 5
   in Honolulu . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2b7y2_

INTERNATIONAL LABOR
   ILO study finds female executives in United States
   outpace counterparts in other countries in rising to
   executive management positions . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1y4x2_

JOB TRAINING
   Judge rules NLRA prohibits federal court from requiring
   New York State Department of Labor and its commissioner
   to process apprenticeship program application . . . Page
   A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j9j6z1_

LABOR DEPARTMENT
   President Bush to nominate veterans' affairs activist
   Frederico Juarbe Jr. to be assistant secretary of labor
   for veteran's employment and training . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2b5m8_

SAFETY & HEALTH
   Chemical Safety and Hazard Investigation Board and BATF
   sign agreement to better coordinate investigations of
   chemical plant explosions and improve exchange of
   chemical safety data . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a1d0_

SEX DISCRIMINATION
   National Women's Law Center urges women workers to join
   in campaign demanding health insurance coverage for
   prescription contraceptives . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a5a9_

SEXUAL HARASSMENT
   Tenth Circuit rules Kansas psychologist sexually
   assaulted by patient can sue Topeka State Hospital for
   violating Title VII by failing to take reasonable
   measures to protect her from hostile environment created
   by sexually aggressive patients . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a6f3_

STEEL
   LTV Corp. approves tentative labor contract between
   company's creditors and United Steelworkers that would
   allow steel producer to restructure . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a7x5_


______________

TABLE OF CASES
______________

Building Trades Employers' Educ. Ass'n v. McGowan (S.D.N.Y.)
. . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j9j6z1_

New York Tel. Co. v. Communications Workers of Am. Local
1100 (2d Cir.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a9u4_

Sprenger v. Federal Home Loan Bank of Des Moines (8th Cir.)
. . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1x2x4_

Thiessen v. General Elec. Capital Corp. d/b/a Montgomery
Ward Credit Servs. (10th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k1y2p1_

Turnbull v. Topeka State Hosp. (10th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4k2a6f3_

   __________
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