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	"BNA Highlights" <bhighlig@bna.com>
	11/29/2000 11:11 PM
		 
		 To: "BNA Highlights" <bhighlig@bna.com>
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		 Subject: Nov. 30 -- BNA, Inc. Daily Labor Report


______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 30, 2000
______________________________

ISSN 1522-5968

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

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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
am - 7:00 pm (ET).
__________

HIGHLIGHTS
__________


SUPREME COURT HEARS ARGUMENT ON FORUM FOR INJURED DECKHAND'S
CLAIMS

The U.S. Supreme Court hears oral argument in a case
involving an injured deckhand who wants to pursue a state
court personal injury suit under the Jones Act and a
shipowner who wants instead to proceed with a Limitation of
Liability Act suit in federal court ("Lewis v. Lewis & Clark
Marine Inc., "U.S., No. 99-1331, 11/29/00). James Lewis
claims he injured his back while working aboard a tugboat
owned by Lewis & Clark Marine Inc. on the Mississippi River.
The company sued in federal court in Missouri under the
Limitation Act, which allows shipowners to limit their
liability to the value of the shipowner's interest in the
vessel and its freight if the damage or injury occurred
without the shipowner's knowledge. Lewis then sued in an
Illinois state court, bringing Jones Act and other claims.

Federal courts have exclusive jurisdiction over Limitation
Act suits, which do not allow jury trials, but the "savings
to suitors clause" allows claimants to keep access to "all
other remedies to which they are otherwise entitled" under
other statutes or common law. The Eighth Circuit blocked
Lewis's state court suit, finding the federal court had
exclusive jurisdiction. His attorney argues to the Supreme
Court that the state suit should proceed and only if the
judgment exceeds the value of the vessel and its freight
should the company be able to go to federal court to limit
the judgment. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d9b1_


DOL'S REGULATORY PLAN SUGGESTS FAST RULEMAKING PACE THROUGH
JANUARY

The Labor Department anticipates taking final action on
eight regulations in the next two months that it has
designated as priority items, including updates to its child
labor regulations, simplification of occupational illness
and injury recordkeeping requirements, and efforts to
improve protections for coal miners, according to the
agency's latest regulatory plan. Also on the priority list
is finalization of regulations governing the welfare-to-work
grants program and revisions to the Occupational Safety and
Health Administration's steel erection safety requirements.

According to an accompanying semiannual regulatory agenda,
imminent action also is expected on final rules changing the
regulations governing benefit payments under the Black Lung
Benefits Act; establishing new rules for employers dependent
on highly skilled temporary workers under the H-1B program;
streamlining the labor certification process governing the
permanent employment of aliens; banning discrimination
against health care plan participants and beneficiaries
based on health status; and exempting certain government
contracts for commercial services from the Service Contract
Act. OSHA is planning next month to publish two final rules,
one intended to provide for full employee involvement in the
agency's consultation program and the other revising the
existing standard addressing emergency exit routes in
workplaces. . . . Page C-1,  Text E-1,  E-23

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1g6x0_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_


'TENDER BACK' AGE BIAS REGULATIONS COMING SOON FROM EEOC

EEOC is on the verge of issuing a final regulation providing
guidance on making payments to employees who waive their
rights under the Age Discrimination in Employment Act,
according to the agency's semiannual regulatory agenda
scheduled for publication in the Nov. 30 "Federal Register."

A second regulation, clarifying the application of Section
501 of the Rehabilitation Act as it applies to federal
sector employees, also is scheduled for final publication
soon. However, one of the major regulatory issues facing the
commission, the legality of conversions to "cash balance"
pension plans under the age discrimination act, is not
formally addressed in the agenda. . . . Page C-2,  Text E-84

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1b3w2_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_


EIGHTH CIRCUIT UPHOLDS BOARD ORDER COUNTING TEMPORARY
WORKER'S BALLOT

The Eighth Circuit upholds the National Labor Relations
Board's decision to count the outcome-determinative ballot
of a temporary employee in a representation election among
on-air personnel of a Kansas City, Mo., television station
owned by New World Communications ("New World Communications
v. NLRB, "8th Cir., No. 99-3228, 11/27/00).

Judge Wollman says the board's decision to count Amanda
Jahn's vote in favor of representation by the American
Federation of Television and Radio Artists was supported by
both the "date certain" and the "reasonable expectation"
tests for determining whether a temporary employee is
entitled to vote in a representation election. Jahn's vote
breaks a tie, resulting in a 16-15 outcome in favor of AFTRA
representation. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0t0z2_


FIRED SOFTWARE FIRM DIRECTOR FAILS TO ESTABLISH BREACHED
CONTRACT

A Texas software company director fired after only a few
months on the job fails to persuade the Fifth Circuit that
the software company breached an employment contract or
fraudulently induced him to leave his old job ("Hamilton v.
Segue Software Inc.,  "5th Cir.,  No. 00-10541,  11/20/00).

The Fifth Circuit affirms summary judgment for Segue
Software Inc. on the claims brought by Randall K. Hamilton,
finding that an employment contract between the parties did
not expressly limit the employer's right under Texas law to
fire Hamilton at will. The court rejects Hamilton's argument
that an offer of an annual salary indicates a one-year
employment contract. In addition, there was no evidence that
Segue or its chief executive officer made any
misrepresentations or fraudulently concealed the company's
financial status in convincing Hamilton to take the job, the
court says. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d6e9_


WAGES UP 3.8 PERCENT IN CONTRACTS BARGAINED IN 2000

Data compiled by BNA in the first 48 weeks of 2000 show a
weighted average first-year wage increase in newly
negotiated contracts of 3.8 percent. In the same period last
year, the increase was 3.3 percent. Manufacturing
settlements provided a weighted average increase of 3.2
percent, and the weighted average increase in
nonmanufacturing agreements, excluding construction
contracts, was 4 percent.

Among new settlements included in the latest biweekly wage
tabulation are contracts between: ABCO Markets, Fry's, and
Safeway Inc. and the United Food and Commercial Workers;
Dominick's and Jewel Food Stores and the United Food and
Commercial Workers. . . . Page D-12

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r8q7c5_


______________

TODAY'S EVENTS
______________

PERSONAL INCOME: October report on personal income and
outlays released, 8:30 a.m., Commerce Department.

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

________________

ALSO IN THE NEWS
________________


SERVICES: The Union of Needletrades, Industrial, and Textile
Employees announces a tentative multiemployer agreement to
cover more than 4,000 commercial laundry workers at 34
commercial laundry facilities in the New York metropolitan
area. The agreement would increase wages by more than 26
percent over three years. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d5v7_

GDP: U.S. economic growth slowed to 2.4 percent at an annual
rate in the third quarter, revised down from 2.7 percent
estimated earlier, the Commerce Department reports. Real
gross domestic product grew at its slowest pace since the
third quarter of 1996 when GDP rose 2.0 percent. . . . Page
D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1e2p7_


____

TEXT
____

LABOR DEPARTMENT: Regulatory plan for the Department of
Labor. . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_

LABOR DEPARTMENT: Semiannual regulatory agenda of the Labor
Department. . . . Page E-23

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_

PENSIONS: Semiannual regulatory agenda of the Pension
Benefit Guaranty Corporation. . . . Page E-76

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2d0_

EEOC: Semiannual regulatory agenda of Equal Employment
Opportunity Commission. . . . Page E-84

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

SAFETY & HEALTH
   U.S. Supreme Court hears oral argument in case involving
   injured deckhand's right to pursue state court personal
   injury suit under Jones Act and shipowner's right to
   proceed under Limitation of Liability Act in federal
   court . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d9b1_


____

NEWS
____

CANADIAN ECONOMY
   Statistics Canada reports Canadian workers' average
   weekly earnings increased by 0.2 percent in September,
   half the revised 0.4 percent increase reported for August
   . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c0w5_

CHILD LABOR
   U.S. Customs Service bans import of clothing allegedly
   made by forced child labor at Chinese-owned apparel
   factory in Mongolia . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d5a1_

COMMUNICATIONS
   SBC Communications and CWA begin negotiating new
   contracts for 126,000 workers in four geographic regions
   . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c6d2_

DISABILITIES
   Eleventh Circuit affirms summary judgment against
   assembly-line worker who failed to present comparator
   evidence showing physical abilities of average person as
   part of ADA claim . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0r0e3_

EMPLOYMENT AT WILL
   Fifth Circuit rules Texas software company director fired
   after only months on job has no claim for breach of
   employment contract or fraudulent inducement . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d6e9_

ERGONOMICS
   AFL-CIO and several affiliated unions file suits
   challenging "weaknesses" in OSHA's recently issued
   ergonomics rule . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_

ERISA
   Federal district court in New York rules John Hancock
   Mutual Life Insurance Co. breached fiduciary duties under
   ERISA and engaged in prohibited transactions while
   managing "free funds" of certain group annuity contracts
   issued to pension plan . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0b7a4_

HEALTH CARE INDUSTRY
   Public Citizen, SEIU formally petition FDA seeking
   immediate ban on traditional needles and other "unsafe"
   medical devices to protect health care workers from
   needlesticks . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1b3g1_

MEATPACKING
   UFCW-represented employees at Excel Corp. meatpacking
   plant in Schuyler, Neb., ratify five-year labor agreement
   with wage increase of $1.30 over term . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1a7x4_

NEWSPAPERS
   Walkout by almost 1,000 employees of "Seattle Times" and
   "Seattle Post-Intelligencer" continue into second week
   with no talks scheduled . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1f5g5_

POSTAL WORKERS
   U.S. Postal Service and APWU break off contract
   negotiations, agree to follow statutory dispute
   resolution process leading to binding interest
   arbitration . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c8x8_

REPRESENTATION ELECTIONS
   Eighth Circuit upholds NLRB decision to count
   outcome-determinative ballot of temporary employee in
   representation election at television station owned by
   New World Communications . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0t0z2_

SERVICES
   UNITE announces tentative three year multiemployer
   agreement for more than 4,000 commercial laundry workers
   in New York metropolitan area . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d5v7_


___________

REGULATIONS
___________

EEOC
   EEOC prepares to issue final regulation providing
   guidance on "tender back" issue under ADEA . . . Page
   dlc2,  Text E-84
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1b3w2_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_

IMMIGRATION
   INS plans to issue final rule in April 2001 paring down
   employment verification process . . . Page C-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1f1g0_

LABOR DEPARTMENT
   Labor Department anticipates final action in next two
   months on updates to child labor regulations,
   simplification of occupational illness and injury
   recordkeeping requirements, and efforts to improve
   protections  for coal miners . . . Page dlc1,  Text E-1,
   E-23
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1g6x0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_

PENSIONS
   PBGC to issue proposed rule in July 2001 adopting
   mortality tables more current than 1983 mortality
   assumptions now in use . . . Page dlc3,  Text E-76
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c4y5_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2d0_

   Pension and Welfare Benefits Administration undertakes
   review of regulations relating to bonding, requests for
   enforcement, civil penalties, and assessment of civil
   penalties under ERISA . . . Page C-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d3m0_


_____________

ECONOMIC NEWS
_____________

COLLECTIVE BARGAINING
   Data compiled by BNA in first 48 weeks of 2000 for all
   settlements show weighted average first-year wage
   increase in newly negotiated contracts of 3.8 percent,
   compared with 3.3 percent in same period of 1999 . . .
   Page D-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r8q7c5_

GDP
   Commerce Department reports U.S. economic growth slowed
   to 2.4 percent at an annual rate in third quarter,
   revised down from earlier estimate of 2.7 percent . . .
   Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1e2p7_


____

TEXT
____

EEOC
   Semiannual regulatory agenda of the Equal Employment
   Opportunity Commission . . . Page E-84
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_

LABOR DEPARTMENT
   Labor Department Regulatory Plan . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_

   Semiannual regulatory agenda of the Labor Department . .
   . Page E-23
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_

PENSIONS
   Semiannual regulatory agenda of the Pension Benefit
   Guaranty Corporation . . . Page E-76
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2d0_


______________

TABLE OF CASES
______________

AFL-CIO v. OSHA (1st Cir.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_

Hamilton v. Segue Software Inc. (5th Cir.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d6e9_

Harris Trust & Sav. Bank v. John Hancock Mut. Life Ins. Co.
(S.D.N.Y.) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0b7a4_

Lewis v. Lewis & Clark Marine Inc. (U.S.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d9b1_

Maynard v. Pneumatic Prods. Corp. (11th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0r0e3_

New World Communications v. NLRB (8th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0t0z2_

Teamsters v. OSHA (9th Cir.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_

UNITE v. OSHA (2d Cir.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_

   __________
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