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	"BNA Highlights" <bhighlig@bna.com>
	11/14/2000 11:07 PM
		 
		 To: "BNA Highlights" <bhighlig@bna.com>
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		 Subject: Nov. 15 -- BNA, Inc. Daily Labor Report


______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 15, 2000
______________________________

ISSN 1522-5968

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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
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__________

HIGHLIGHTS
__________


VOTE CAN BE CONTESTED AFTER NLRB OFFICER OVERSLEPT,
RESCHEDULED

A St. Louis waste hauler was justified in challenging a
representation election won by Teamsters Local 682, when the
National Labor Relations Board Officer in charge of the
initial vote overslept and then unilaterally scheduled a
second election, according to the Eighth Circuit  ("NLRB v.
Superior of Missouri, Inc., "8th Cir., No. 99-3648,
11/7/00).

Considering the circumstances surrounding the "hotly
contested election," the board officer's unilateral action
might have had an impact on the second vote and warranted an
NLRB hearing on Superior of Missouri's objections to the
election, the divided appeals court panel holds.

A dissenting judge finds that the objections raised by the
employer were insufficient to warrant an evidentiary
hearing. He rejects the employer's argument that the board
agent's conduct and the rescheduling of the election "caused
prejudice and destroyed the laboratory conditions necessary
for conducting a fair election."  . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5g1_


FACTORY WORKER EXPOSED TO PORNOGRAPHY HAS NO SEX HARASSMENT
CASE

An electronics factory maintenance specialist whose
co-workers left pornographic pictures around the workplace
for her to find because they believed she had complained
about a racy swimsuit calendar has no claim against her
employer for sexual harassment in violation of Title VII of
the 1964 Civil Rights Act, a federal trial court in Indiana
rules ("Garton v. Thomson Consumer Electronics Inc.,  "S.D.
Ind., No. IP99-1218-C-T/G, 10/25/00).

Plaintiff Aletha Garton "was subjected to boorish, crass and
offensive behavior in the workplace by her co-workers, but
the conduct of which she complains does not rise to the
level of actionable sexual harassment," says Judge Tinder,
granting Thomson Consumer Electronics Inc.'s motion for
summary judgment. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7h8_


PAY PRESSURE UNLIKELY TO RECEDE, WTI PROJECTS

Despite evidence of slower growth across the U.S. economy,
key labor market measures pulled together in the Wage Trend
Indicator suggest wage pressures will remain strong into
next year, according to the latest report released by BNA.

"The new WTI figures suggest there will be no easing in wage
pressures into next year," said economist Joel Popkin, whose
firm developed the indicator for BNA. Labor shortages are
likely to make it hard for many companies to hire workers
over the next few months, the WTI report suggests. . . .
Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1r3e9_


STATE RULES APPLY TO 'HYBRID' SUIT WHILE IN STATE COURT,
NINTH CIRCUIT SAYS

A suit by a member of the International Union of Bricklayers
& Allied Crafts alleging "hiring hall and collective
bargaining violations" by the union and various employers is
not barred by the six-month statute of limitations in
federal law, the Ninth Circuit rules ("Prazak v. Local 1
Int'l Union of Bricklayers & Allied Crafts, "9th Cir., No.
98-36129, 11/13/00). Reversing the decision of the U.S.
District Court for the District of Alaska, the court of
appeals holds that in a "hybrid" claim originally filed in
state court, "if the federal statute of limitations is
initially complied with, the state procedural rules apply
until the case is removed to federal court."

"[William] Prazak's complaint originated in state court,"
writes Judge Nelson. "Thus, state procedural rules should
have been applied until the case was removed to federal
court. The [defendants] could have avoided the application
of Alaska's procedural rules by immediately removing the
case to federal court. As a tactical matter, however, the
[defendants] chose to litigate Prazak's initial lawsuit in
state court. The [defendants] must live with that choice." .
. . Page A-6,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1f3x6_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h7u1_


PHILADELPHIA SEIU LOCAL RATIFIES ACCORD WITH BUILDING OWNERS

Janitors and other building maintenance workers represented
by Service Employees International Union Local 36, whose
mail ballots were counted Nov. 14, overwhelmingly approve a
three-year contract with the owners of about 80 commercial
buildings in Philadelphia.

Local 36 Organizing Director Joseph M. Shields says the
agreement with Building Owners Labor Relations Inc., which
bargains for about 24 building owners, provides for wage
increases totaling 10.5 percent and a 70 percent increase in
pension contributions over term.

The contract runs from Oct. 15, 2000, through Oct. 14, 2003,
and covers 2,300 building service workers in Philadelphia. .
. . Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8g9_


SEVENTH CIRCUIT SAYS JURY MUST DECIDE IF NEUROPATHY VICTIM
IS DISABLED

A former employee of Sears, Roebuck & Co. may proceed with
her discrimination claims under the Americans with
Disabilities Act, the Seventh Circuit rules, holding that a
rational jury could conclude the employee was disabled
("EEOC v. Sears, Roebuck & Co., "7th Cir., Nos. 99-3734 and
99-4037, 11/8/00).  Reversing a lower court's grant of
summary judgment, the appeals court says a jury should
determine whether Judith Keane was disabled under the ADA
and therefore entitled to reasonable accommodations.

"It is not our role to come to a decision as to whether
Keane was disabled under the ADA," writes Chief Judge Flaum
on behalf of the panel. "Rather, we only need decide whether
a rational jury, viewing the evidence in the light most
favorable to the plaintiffs could come to such a decision.
We believe they could. Thus, we conclude that summary
judgment should not have been granted on the basis that
Keane was not disabled." . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5v8_


________________

ALSO IN THE NEWS
________________

CONGRESS: The House and Senate agree to recess until Dec. 5,
leaving unresolved several appropriations bills, a proposed
minimum wage hike-tax cut measure, and disagreements over
the Occupational Safety and Health Administration's final
rule on ergonomics. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1u2b8_

UTILITIES: Some 1,100 operating engineers working for
Wisconsin Public Service Corp. will receive wage increases
totaling 9.8 percent over three years as part of a contract
ratified by members of the International Union of Operating
Engineers Local 310. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1t7t2_

SAFETY & HEALTH: State and local government workers will be
protected from the health risks of exposure to asbestos
under an Environmental Protection Agency final rule set for
publication in the Nov. 15 "Federal Register". . . . Page
A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g5h1_

EMPLOYMENT: The proportion of workers employed full-time for
the entire year climbed to 65.9 percent during 1999, the
highest level recorded since the data have been collected,
the Bureau of Labor Statistics reports. . . . Page D-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g3f9_


____

TEXT
____

LABOR LAW: Decision of the "Ninth Circuit Prazak v. Local 1
International Union of Bricklayers & Allied Crafts". . . .
Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h7u1_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

LABOR LAW
   Eighth Circuit rules St. Louis waste hauler justified in
   challenging outcome of representation election where NLRB
   officer in charge of initial vote overslept and
   unilaterally scheduled second election . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5g1_


____

NEWS
____

AIRLINES
   Officers of Independent Association of Continental Pilots
   ask the Houston-based carrier to open wage negotiations
   in May of next year . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1v1x5_

BUILDING SERVICES
   SEIU-represented janitors and building maintenance
   workers ratify three-year contract with the owners of
   about 80 commercial buildings in Philadelphia . . . Page
   A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8g9_

CONGRESS
   House and Senate recess until Dec. 5, leaving unresolved
   several appropriations bills, proposed minimum wage
   hike-tax cut measure, and disagreements over OSHA's final
   ergonomics rule . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1u2b8_

DISABILITIES
   Seventh Circuit rules rational jury could conclude former
   Sears, Roebuck & Co. employee was disabled under ADA,
   despite use of cane . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5v8_

ERGONOMICS
   Coalition of industry groups files suit in Court of
   Appeals for D.C. Circuit in effort to block OSHA's final
   ergonomics standard . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8p0_

FMCS
   Federal Mediation and Conciliation Service schedules
   publication Nov. 15 in "Federal Register" of draft fiscal
   year 2001 Program Guidelines and Application to solicit
   applicants for Labor-Management Cooperation program . . .
   Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h9u7_

LABOR LAW
   Ninth Circuit rules union member's "hybrid" claim under
   LMRA and NLRA filed in state court is not barred by
   six-month statute of limitations in federal law . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1f3x6_

PENSIONS
   ERISA Advisory Council approves reports and
   recommendations of work groups on phased retirement,
   long-term care, and benefit continuity after
   organizational restructuring . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1u8w1_

SAFETY & HEALTH
   EPA final rule protecting state and local government
   workers from the health risks of exposure to asbestos
   published in Nov. 15 "Federal Register" . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g5h1_

   U.S. attorney's office in Philadelphia files criminal
   charges against president of an Allentown, Pa., chemical
   company where an explosion killed five people in February
   1999 . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g5p2_

SEX DISCRIMINATION
   Sixth Circuit reverses summary judgment for assistant
   county attorney fired to "placate" boss's wife, saying
   gender may not have been the motivating factor . . . Page
   A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3q9v1m9_

SEXUAL HARASSMENT
   Federal trial court in Indiana rules factory worker whose
   co-workers left pornographic pictures around workplace
   does not have sexual harassment claim . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7h8_

TRADE
   Bipartisan U.S. Trade Deficit Review Commission report
   warns growing trade deficits must eventually come down
   but fails to reach common ground on labor, environmental
   issues in future trade negotiations . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1r9j3_

UTILITIES
   New contract for about 1,100 operating engineers at
   Wisconsin Public Service Corp. provides wage increases
   totaling 9.8 percent over next three years . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1t7t2_


_____________

ECONOMIC NEWS
_____________

COMPENSATION
   BNA's Wage Trend Indicator suggests wage pressures will
   remain strong into next year, despite evidence of slower
   growth across U.S. economy . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1r3e9_

EMPLOYMENT
   Labor Department's Bureau of Labor Statistics reports
   proportion of workers employed full-time for entire year
   climbed to 65.9 percent during 1999 . . . Page D-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g3f9_

RETAIL SALES
   Commerce Department says retail sales rose just 0.1
   percent in October, held down by a decline in auto sales
   . . . Page D-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5p8_


____

TEXT
____

LABOR LAW
   Decision of the Ninth Circuit in Prazak v. Local 1
   International Union of Bricklayers & Allied Crafts . . .
   Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h7u1_


______________

TABLE OF CASES
______________

EEOC v. Sears, Roebuck & Co. (7th Cir.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5v8_

Garton v. Thomson Consumer Elec. Inc. (S.D. Ind.) . . . Page
A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7h8_

Lococo v. Barger (6th Cir.) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3q9v1m9_

NLRB v. Superior of Mo., Inc. (8th Cir.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5g1_

Prazak v. Local 1 Int'l Union of Bricklayers & Allied Crafts
(9th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1f3x6_

U.S. Chamber of Commerce v. OSHA (D.C. Cir.) . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8p0_

   __________
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