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Subject:	June 22 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
June 22, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


D.C. CIRCUIT DIRECTS NLRB TO RECONSIDER DECISION ON
GOOD-FAITH DOUBT

The National Labor Relations Board must reconsider whether
Willamette Industries Inc.'s objectionable conduct before a
decertification election lost by a union contaminated the
election and left the company unable to claim a good-faith
doubt that a majority of employees supported the union, the
District of Columbia Circuit rules ("Willamette Indus. Inc.
v. NLRB, "D.C. Cir., No. 00-1366, 6/19/01). Judge Ginsburg
decides the board misapplied the good-faith doubt standard.
The board held that Willamette, by waiving its right to
appeal a hearing officer's determination that the
decertification election should have been set aside because
of the company's objectionable conduct, left the election
result tainted and therefore had no basis for a good-faith
doubt.

"Even if Willamette's waiver can be construed as an
acknowledgment that 'the results of the tally ... stood
tainted,'--a matter cast in some doubt by the
[administrative law judge's] statement that Willamette
agreed to the waiver 'in an effort to expedite a rerun
election,'--this court has clearly held that objectionable
conduct during an election campaign does not always carry
such a taint," Ginsburg says. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f1p5_


SEVENTH CIRCUIT ENFORCES NLRB ORDER REQUIRING BACK PAY,
PENSION CREDITS

The Seventh Circuit enforces a National Labor Relations
Board order requiring U.S. Can Co. to pay $1.5 million in
back pay plus pension credits and other fringe benefits to
28 employees who were denied opportunities to transfer to
other plants ("United States Can Co. v. NLRB, "7th Cir., No.
99-2828, 6/19/01). In so ruling, the appeals court refuses
to give the company credit against the back-pay award for
pension benefits the employees received when they were laid
off and denied the opportunity to transfer to another plant.

The court rejects U.S. Can's contention that the 28
employees would not have transferred, even if they had been
offered the chance. "For an employee eligible to retire, the
decision to work another year at a distant plant is no
different from the decision to work another year locally,"
Judge Easterbrook writes for the court. "The employee gives
up the pension benefit that could have been received
immediately, getting in return a salary plus pension
contributions that increase the monthly benefit later.". . .
Page A-3,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8x5q3_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9b6v5_


DOCTOR'S LACK OF ENTERPRISE, NOT PREGNANCY, WAS CAUSE FOR
FIRING

A Chicago pediatrician was terminated from her
hospital-subsidized position because of her lack of
enterprise, not her pregnancy, the Seventh Circuit rules,
dismissing her sex discrimination claim against her former
employer  ("Clay v. Holy Cross Hospital, "7th Cir., No.
00-2916, 6/14/01).

In affirming a lower court's summary judgment in favor of
Holy Cross Hospital, the Seventh Circuit rejects Dr. Pamela
Clay's allegation that the discharge--a week after she
formally announced her pregnancy and two months before she
gave birth--was prompted by her condition in violation of
Title VII of the 1964 Civil Rights Act.

Clay, who was discharged along with eight other physicians,
was terminated from a hospital-affiliated network of private
doctors because a Holy Cross vice president determined that
she "lacked the drive, work ethic, and dedication to grow
her practice into a profitable enterprise," the appeals
court says. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9c5z9_


COURT SAYS NONWHITE WORKER CAN SUE  BASED ON ANTI-WHITE
SLURS

A Maryland state prison employee with a Filipino and Native
American ethnic background whose co-worker repeatedly called
him  "white boy" and "cracker," can sue the prison for
failing to address a racially hostile environment, the U.S.
District Court for the District of Maryland rules ("Bell v.
Md., "D. Md., No. CCB-99-451, 6/13/01).

It was irrelevant that the harasser was not "technically
accurate" in describing plaintiff Steven P. Bell's race,
Judge Blake finds, saying Bell established that the racially
hostile comments were directed at him. In addition, given
the trust needed between co-workers in a correctional
facility, Bell established that the harassment threatened
his physical safety and interfered with his job, the court
states, denying the prison's bid for summary judgment on the
hostile environment claim under Title VII of the 1964 Civil
Rights Act. . . . Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9g3t9_


OLDER WORKER NOT SIMILARLY SITUATED TO CO-WORKER WITH BETTER
REVIEWS

A 57-year-old claims handler for State Farm Mutual
Automobile Insurance Co. could not show that he was
similarly situated to a younger co-worker who received
better performance reviews, the Eighth Circuit rules,
finding Frank X. Wilcox failed to prove that the reasons for
his firing were a pretext for discrimination ("Wilcox v.
State Farm Mutual Auto. Ins. Co., " 8th Cir., No. 00-2516,
6/11/01).

Wilcox was "repeatedly admonished" for including personal
opinions in his claims files, the court says. He also was
the only person among his co-workers "who continually
received complaints from State Farm's policy-holders about
his rude and uncourteous attitude" and who showed a
persistent unwillingness to address criticisms and accept
directions, the court adds. It finds Wilcox cannot fairly
compare himself to his co-worker to raise an inference of
pretext on State Farm's part. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t2c8_


________________

ALSO IN THE NEWS
________________

UNEMPLOYMENT INSURANCE: For the second week, the number of
new claims filed with state agencies for unemployment
insurance benefits declined, dropping 34,000 to 400,000 for
the week ending June 16, the Employment and Training
Administration reports. . . . Page D-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f4q5_

PENSIONS: House Education and the Workforce Committee
Chairman Boehner (R-Ohio) introduces legislation that would
allow employers to provide their employees access to
professional investment advice, provided advisers fully
disclose their fees and any potential conflicts. . . . Page
A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f7g9_

HEALTH CARE:  The Senate spends the bulk of its first day of
debate on patients' bill of rights legislation (S. 1052)
discussing a Republican amendment to accelerate the full
deductibility of health insurance premiums for the
self-employed.  The amendment is defeated on a point of
order. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9r4t8_


____

TEXT
____

PENSIONS: Seventh Circuit's opinion in" United States Can
Co. v. NLRB.". . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9b6v5_

NLRB: National Labor Relations Board's weekly summary of
cases, dated June 22, 2001. . . . Page E-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9c3u9_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

NLRA
   D.C. Circuit rules NLRB must reconsider whether
   Willamette Industries Inc.'s objectionable conduct before
   decertification election lost by union contaminated
   election and left company unable to claim good-faith
   doubt that majority of employees supported union . . .
   Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f1p5_


____

NEWS
____

AGE DISCRIMINATION
   Eighth Circuit rules 57-year-old insurance claims handler
   for State Farm Auto Insurance did not prove reasons
   employer offered for firing were pretext for
   discrimination because he could not show he was similarly
   situated to younger employee . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t2c8_

DRUG & ALCOHOL TESTING
   Divided Alaska Supreme Court strikes down random drug
   testing of Anchorage police officers and firefighters as
   unreasonable search and seizure under state constitution
   . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8y6r1_

HEALTH CARE
   Democrats in House and Senate charge Republicans are
   using variety of maneuvers to stall completion of
   patients' bill of rights legislation, including addition
   of provisions that would kill prospects for enactment . .
   . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9r4t8_

HOTELS
   HERE, IUOE, and OPEIU locals in Baltimore take first step
   in citywide effort to organize workers at major hotels .
   . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9g0a0_

LABOR DEPARTMENT
   President Bush announces intention to nominate Emily
   Stover DeRocco for post of assistant secretary of labor
   for employment and training . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9t0r2_

PENSIONS
   Rep. Boehner (R-Ohio) introduces legislation allowing
   employers to provide employees with access to
   professional advice regarding retirement investments,
   provided advisers fully disclose fees and potential
   conflicts of interest . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f7g9_

   Seventh Circuit issues opinion enforcing NLRB order
   requiring U.S. Can Co. to pay $1.5 million in back pay
   plus pension credits and other fringe benefits to 28
   employees denied opportunities to transfer to other
   plants . . . Page A-3,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8x5q3_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9b6v5_

RACE DISCRIMINATION
   Federal judge rules Maryland state prison employee of
   Filipino and Native American descent repeatedly called
   "white boy" and "cracker" by co-worker can sue prison for
   failing to address racially hostile environment . . .
   Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9g3t9_

RETAIL FOOD STORES
   UFCW seeks injunction to prevent closure or sale of 16
   eastern Pennsylvania Laneco Inc. and Stop 'n Shop
   Supermarkets employing some 1,100 union-represented
   workers . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f6p4_

SEX DISCRIMINATION
   Seventh Circuit finds Chicago pediatrician terminated
   from hospital-subsidized position due to lack of
   enterprise, not pregnancy . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9c5z9_

STATE LAWS
   Louisiana Gov. Foster (R) signs law banning
   discrimination in employment based on genetic information
   . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8u5g9_

TRADE
   Rep. Crane (R-Ill.) says House Republican leadership will
   bring trade promotion authority legislation to floor for
   vote next month . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9q4t9_


_____________

ECONOMIC NEWS
_____________

TRADE BALANCE
   Commerce Department reports U.S. trade deficit in goods
   and services narrowed 2.7 percent in April as global
   economic slowdown reduced both imports and exports . . .
   Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9r7c1_

UNEMPLOYMENT INSURANCE
   Labor Department's Employment and Training Administration
   releases figures showing number of new claims filed with
   state agencies for unemployment insurance benefits
   declined for second straight week dropping 34,000 to
   400,000 for week ending June 16 . . . Page D-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f4q5_


____

TEXT
____

PENSIONS
   Seventh Circuit's opinion in "United States Can Co. v.
   NLRB" . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9b6v5_

NLRB
   NLRB's weekly summary of cases, dated June 22, 2001 . . .
   Page E-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9c3u9_


______________

TABLE OF CASES
______________

Anchorage Police Dep't Employees Ass'n v. Anchorage . . .
Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8y6r1_

Bell v. Md. (D. Md.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9g3t9_

Clay v. Holy Cross Hosp. (7th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9c5z9_

United Food and Commercial Workers Local 1776 v. Supervalu
Inc. (E.D. Pa.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f6p4_

United States Can Co. v. NLRB (7th Cir.) . . . Page A-3,
text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8x5q3_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9b6v5_

Wilcox v. State Farm Mutual Auto. Ins. Co.  (8th Cir.) . . .
Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t2c8_

Willamette Indus. Inc. v. NLRB (D.C. Cir.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h9f1p5_

   __________
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