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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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To:	BNA Highlights
Subject:	Aug. 1 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 1, 2001
______________________________

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
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__________

HIGHLIGHTS
__________


PANEL WITNESSES DEBATE BILL TO ALTER WAY BONUS PAY AFFECTS
OVERTIME RATES

At a House subcommittee hearing, lawmakers and witnesses
hold fast to opposing positions on a bill (H.R. 1602) that
would amend the Fair Labor Standards Act to give employers
more leeway in the way they calculate overtime pay rates for
nonexempt employees who have received performance bonuses.
Rep. Biggert (R-Ill.), vice chairman of the House Education
and the Workforce Committee's Subcommittee on Workforce
Protections, says the bill would eliminate disincentives in
current law that deter employers from offering
performance-based bonuses and "make it easier for employers
to share the wealth with their employees."

Michael Leibig, an attorney testifying on behalf of the
AFL-CIO, says the bill would give employers the authority to
legally designate as bonus pay any portion of an employee's
compensation beyond the minimum wage. While critics contend
that only "unscrupulous employers" would attempt such a
move, Leibig adds, "we should assume that all employers who
are scrupulous will answer to their stockholders. It's
something that any employer would take advantage of."

Rutgers University professor Charles Fay disagrees with
Leibig that employers could get away with a scheme to use
language in the bill to reduce employees' base wages. "Given
the language of the bill, it would be impossible," he said.
The bill includes language that requires employers to put
any incentive-based compensation plan in writing and make it
available to employees, he says, and it requires those bonus
payments to be based on a formula that is stated in the plan
and maintained in good faith. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b2a2_


NLRB RULES CASINO ILLEGALLY BARRED HANDBILLING BY RESTAURANT
WORKERS

The owner of the New York New York Hotel & Casino in Las
Vegas committed unfair labor practices by prohibiting
handbilling in certain nonwork areas by off-duty employees
of restaurants located inside the casino, the National Labor
Relations Board rules in two decisions ("New York New York
Hotel LLC, "334 N.L.R.B. No. 87, 7/25/01; "New York New York
Hotel LLC, "334 N.L.R.B. No. 89, 7/25/01). Two unions were
attempting to organize employees of Ark Las Vegas Restaurant
Corp. who work in restaurants inside the casino owned by New
York New York Hotel LLC. The handbills stated Ark paid its
employees less than unionized workers and explicitly
disclaimed any dispute with the hotel-casino.

In the first decision, NLRB Chairman Hurtgen and Members
Liebman and Truesdale find the off-duty Ark employees had
the right to distribute handbills to customers in the
porte-cochere area just outside the entrance to the casino
because it is a nonwork area. In the second decision, the
board finds the hotel-casino committed an unfair labor
practice by stopping off-duty Ark employees from
distributing handbills to customers in the porte-cochere
area and in spacious passageways outside two casino
restaurants operated by Ark. . . . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c4b0_


HARASSMENT STEMMED FROM UNION DISPUTE, NOT WORKER'S SEX,
COURT FINDS

A former U.S. Postal Service union steward who was harassed
by co-workers after being ousted from her union post failed
to show that the harassment was linked to her sex, the
Second Circuit rules ("Brown v. Henderson,  "2d Cir.,  No.
00-6347,  7/24/01).

Affirming summary judgment for the Postal Service on the
Title VII of the 1964 Civil Rights Act claim by Madeline E.
Brown, Judge Calabresi finds that while the harassment
included sexually charged behavior, it stemmed from a
union-related dispute, not that Brown was a woman. "Here ...
there is overwhelming evidence that the hostility toward
Brown was grounded in workplace dynamics unrelated to her
sex and that even [the obscene] pictures [posted near
Brown's desk] did not reflect an attack on Brown "as a
woman"," the court concludes. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b8h1_


PENNSYLVANIA LABOR LAW PROTECTS MUSHROOM WORKERS, COURT
RULES

In a ruling that removes an obstacle to organizing efforts
among Pennsylvania's 5,000 mushroom workers, the
Pennsylvania Supreme Court upholds a lower court's finding
that mushroom workers are not agricultural laborers ("Vlasic
Farms Inc. v. Pennsylvania Labor Relations Bd., "Pa., Appeal
Dkt. 1999, 7/25/01).

The pertinent provisions of the Pennsylvania labor law were
modeled on the pre-1947 version of the NLRA, under which
mushroom workers were not considered agricultural laborers,
the court says. "The Pennsylvania General Assembly, unlike
Congress, has not acted to modify such workers' status, and
the PLRB maintains a consistent and reasonable
interpretation of the prevailing statute," the court writes.
"It is therefore appropriate for the courts to also enforce
a consistent interpretation unless and until the General
Assembly alters course." . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5x9b7_


SALES CLERK CANNOT SHOW PRETEXT IN FAILURE TO PROMOTE

An African American department store clerk, allegedly
perceived by co-workers as a "shark" who stole customers
from other clerks, failed to show that the store's reasons
for not promoting her were a pretext for race
discrimination, the Seventh Circuit rules ("Johnson v.
Nordstrom Inc., " 7th Cir.,  No. 00-3827,  7/20/01).
Although Gail Johnson claimed that her manager at Nordstrom
Inc. showed favoritism to a white employee, "simple
favoritism cannot be the basis of a race-related complaint
under Title VII," Judge Cudahy writes for the court.

"To demonstrate pretext, 'a plaintiff must show more than
that the employer's decision was incorrect; the plaintiff
must also show that the employer lied about its proffered
explanation,' " the court explains. Johnson failed to show
that Nordstrom was lying about its reasons for not promoting
her, the court decides. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n4e8v6_


________________

ALSO IN THE NEWS
________________

PERSONAL INCOME: Consumer spending and personal income
growth remained solid in June as both measures improved
slightly during the month, the Bureau of Economic Analysis
reports. . . . Page D-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c0f1_

TRADE: The House approves by voice vote legislation to
implement the U.S.-Jordan Free Trade Agreement (H.R. 2603),
but it still faces a likely battle in the Senate. The pact,
negotiated by the Clinton administration, is controversial
among Republicans because it would impose penalties if
either country derogates its labor or environmental laws to
gain an advantage in trade. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b4k3_

SAFETY & HEALTH: Federal officials testifying during a
congressional hearing on asbestos hazards shy away from a
call by Sen. Murray (D-Wash.) to explore an outright ban on
asbestos. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c1m0_

CONSUMER CONFIDENCE: The consumer confidence index fell 2.4
percentage points in July as consumers' views about the
economic outlook for the second half of 2001 dampened, the
Conference Board reports. . . . Page A-9

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6d0p5_

STEEL: A federal bankruptcy judge approves a proposed
contract agreement between LTV Corp. and the United
Steelworkers intended to allow the bankrupt Ohio steel
manufacturer to reorganize its finances. . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6d8n9_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

FLSA
   Lawmakers and witnesses at a House subcommittee hearing
   hold fast to opposing positions on a bill (H.R. 1602)
   that would amend the Fair Labor Standards Act to give
   employers more leeway in the way they calculate overtime
   pay rates for nonexempt employees who have received
   performance bonuses . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b2a2_


____

NEWS
____

CONSTRUCTION
   Negotiators for the Plumbers and Pipe Fitters and the
   Mechanical Contractors Association chapter in Washington,
   D.C., settle on a new three-year contract that provides
   an over-term wage and benefit increase of $4.60 per hour
   for 2,200 steamfitters  . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5p0h9_

ECONOMIC OUTLOOK
   Consumer confidence index fell 2.4 percentage points in
   July as consumers' views about the economic outlook for
   the second half of 2001 grew less optimistic, the
   Conference Board reports . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6d0p5_

   Describing the economy as "somewhat more fragile" than is
   desirable, a Treasury official says forward-looking
   economic indicators, such as an upturn in consumer
   confidence and a drop in unemployment insurance claims,
   provide reason for optimism . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5u3x1_

FLSA
   Some current and former employees of Fleetwood
   Enterprises Inc. are alleging "off-the-clock" violations
   of the Fair Labor Standards Act in a suit filed against
   the company . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5v5r8_

LABOR LAW
   Pennsylvania Supreme Court finds that mushroom workers
   are employees eligible to participate in collective
   bargaining . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5x9b7_

NLRB
   NLRB's Division of Judges publishes the "NLRB Bench Book"
   covering unfair labor practice cases . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5w0q9_

RACE DISCRIMINATION
   African American department store clerk, allegedly
   perceived by co-workers as a "shark" who stole customers
   from other clerks, failed to show that the store's
   reasons for not promoting her were a pretext for race
   discrimination, the Seventh Circuit rules . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n4e8v6_

RETAIL FOOD STORES
   Acting on unfair labor practice charges filed by United
   Food and Commercial Workers' Local 1099, an NLRB regional
   director has issued a complaint against the Bigg's chain
   of stores for actively discouraging union activity at its
   12 facilities in the Cincinnati area . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5z2p4_

RETIREE BENEFITS
   Coal Industry Retiree Health Benefit Act, as applied to a
   "controlled group" of coal companies, is not
   unconstitutional, a federal district court in Virginia
   rules in upholding the Social Security commissioner's
   assignment of liability on the companies for paying
   health care premiums of retired miners . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5y5c9_

SAFETY & HEALTH
   Officials from the Labor Department, Health and Human
   Services, and the Environmental Protection Agency testify
   at a congressional hearing on asbestos hazards . . . Page
   A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c1m0_

SEXUAL HARASSMENT
   Former U.S. Postal Service union steward who was harassed
   by co-workers after being ousted from her post failed to
   show the harassment was linked to her sex, the Second
   Circuit rules . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b8h1_

SEXUAL ORIENTATION
   Bill banning employment discrimination based on sexual
   orientation is reintroduced in the House and the Senate,
   with sponsors in the Senate optimistic that the bill will
   be voted on this year . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5w5v2_

STEEL
   Federal bankruptcy judge approves a proposed contract
   agreement between LTV Corp. and the United Steelworkers
   intended to allow the bankrupt Ohio steel manufacturer to
   reorganize its finances . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6d8n9_

TRADE
   House approves by voice vote legislation to implement the
   U.S.-Jordan Free Trade Agreement (H.R. 2603) . . . Page
   A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b4k3_

UNFAIR LABOR PRACTICES
   Owner of the New York New York Hotel & Casino in Las
   Vegas committed unfair labor practices by prohibiting
   handbilling in certain nonwork areas by off-duty
   employees of restaurants located inside the casino, NLRB
   rules in two decisions . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c4b0_


_____________

ECONOMIC NEWS
_____________

ECONOMIC OUTLOOK
   Worst is not yet over for the U.S. labor market and for
   manufacturing in particular, analysts say as they review
   the most recent economic data and look toward the end of
   this year . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b7q0_

PERSONAL INCOME
   Consumer spending and personal income growth remained
   solid in June as both measures improved slightly during
   the month, the Commerce Department's Bureau of Economic
   Analysis reports . . . Page D-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c0f1_


______________

TABLE OF CASES
______________

A.T. Massey Coal Co. v. Holland (E.D. Va.) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5y5c9_

Bristow v. Fleetwood Enterprises Inc. (D. Idaho) . . . Page
A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5v5r8_

Brown v. Henderson (2d Cir.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6b8h1_

Johnson v. Nordstrom Inc. (7th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n4e8v6_

LTV Steel Inc., In re (Bankr. N.D. Ohio) . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6d8n9_

New York New York Hotel LLC (334 N.L.R.B. No. 87) . . . Page
A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c4b0_

New York New York Hotel LLC  (334 N.L.R.B. No. 89) . . .
Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n6c4b0_

SuperValu and UFCW Local 1099  (N.L.R.B. Region 9) . . .
Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5z2p4_

Vlasic Farms Inc. v. Pennsylvania Labor Relations Bd. (Pa.)
. . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n5x9b7_

   __________
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