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 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
Sent:	Thursday, October 11, 2001 11:05 PM
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Subject:	Oct. 12 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
October 12, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


SENATE PASSES AIRPORT SECURITY BILL; BLOCKS WORKER RELIEF

Senate Democrats fail in their bid to bring to a vote an
assistance package for workers who have been laid off from
airlines, airports, and aircraft manufacturers in the wake
of recent terrorist attacks. The package was being offered
as an amendment to an airport security bill (S. 1447) that
won unanimous approval from the Senate.

A few hours before approving the security bill by a vote of
100-0, the Senate came four votes short of the 60 votes
needed to cut off debate and allow a vote on adding the
worker assistance package. Democrats who sponsored the
worker assistance package pledge to offer a similar measure
as an amendment to an economic stimulus package being
crafted by lawmakers. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3p0m1_


LABOR-HHS BILL MOVES IN HOUSE; SENATE CLEARS MEASURE FOR
FLOOR VOTE

The House late Oct. 11 was preparing to vote in favor of the
fiscal year 2002 spending bill (H.R. 3061) for the
departments of Labor, Health and Human Services, and
Education. Earlier in the day, the Senate Appropriations
Committee cleared its version of the measure for a vote on
the floor. Both the House and Senate measures have strong
bipartisan support, and the differences between the two
appear negligible with respect to funding levels for the
Labor Department.

Both of the $123 billion measures set DOL's FY 2002
discretionary funding levels at around $11.9 billion. This
represents an increase from the slightly more than $11.3
billion requested by the Bush administration and is more
than the nearly $11.7 billion allotted for FY 2001. In
addition to setting forth spending levels for Labor
Department programs and agencies, which are subject to
change pending a House-Senate conference, the reports
accompanying the bills contain directives reflecting certain
concerns on the part of various appropriators, such as
access to DOL's budget office and increases in workplace
fatalities among Hispanics. . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v1v9e7_


NLRB RULES 2-1 STRIKE-NOTICE FAILURE DID NOT UNDO WORKERS'
PROTECTION

The failure of a union representing convention exhibit
workers in New Orleans to give prior notice of a strike did
not deprive the workers of protection under federal labor
law, the National Labor Relations Board rules in a 2-1
decision ("Freeman Decorating Co., "336 N.L.R.B. No. 1,
9/28/01 [released 10/10/01]). Members Liebman and Walsh
decide 11 contractors violated the National Labor Relations
Act by "terminating" hundreds of workers who previously had
obtained short-term jobs with any one of about 80
contractors through a hiring hall run by Local 39 of the
International Alliance of Theatrical Stage Employees. The
board finds the workers did not have an actual employment
relationship with the 11 contractors when the strike began
and therefore could not be deprived of protected employee
status by the union's failure to comply with the
strike-notice requirement.

Dissenting, Chairman Hurtgen takes the view that the workers
lost their status as employees covered by the act when the
union failed to comply with Section 8(d). Having lost their
protected status, the contractors could legally discharge
the workers and refuse to hire them in the future, Hurtgen
says. "To adopt the position of my colleagues would mean
that the loss-of-status provision of Section 8(d) does not
operate in hiring hall situations," the chairman says. . . .
Page A-1 , Text-E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3k0u0_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3d9p3_


AFFIRMATIVE ACTION RULES FOR NEW JERSEY CASINOS FOUND
UNCONSTITUTIONAL

A federal judge orders the New Jersey State Casino Control
Commission to eliminate the portions of its equal employment
opportunity regulations that required Atlantic City casinos
to set specific affirmative action goals for hiring
minorities and women, holding that the rules violated the
Equal Protection Clause of the Constitution ("Rudolph v.
Adamar of New Jersey, Inc., d/b/a Tropicana Casino and
Resort,"D.N.J., No. 00-CV-190, 10/10/01).

The brief order from Judge Orlofsky of the U.S. District
Court for New Jersey is entered as part of a pending class
action against the Tropicana Casino and Resort by former
employee John Rudolph, who alleged he and a class of other
white and male employees had been harmed by the
state-mandated policy.

The commission stopped enforcing the portions of the
regulations that were invalidated by Judge Orlofsky's Oct.
10 order more than a year ago, according to a commission
spokesman. But Rudolph's attorney says the order is
significant, in that it will require the commission to
notify each casino about the ruling and to take the
regulations off the books. "All of the casinos'
employment-related policies will have to be changed to
provide equal employment opportunity for everyone, without
concern for race or gender," she says. The casinos employ
more than 47,000. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g5x1_


ABRAHAM SAYS SUPPORT HAS GROWN FOR DATA FUNDING

Looking back at her eight years as head of the agency,
Bureau of Labor Statistics Commissioner Katharine Abraham
says in an interview that she believes support has grown
among various constituencies for funding research and
improvements of key economic data programs. She is leaving
the agency after serving two terms as commissioner.

 During her tenure, which will end Oct. 12, Abraham says the
agency has been able to initiate new labor market measures,
including a survey of job openings and labor turnover that
will begin regular publication early next year. Also "the
BLS has been able to make improvements in just about all of
its major data series" in recent years, she says. . . . Page
D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g2g3_


NO ULP TO FIRED NURSE WHO CRITICIZED HOSPITAL  ON TV, EIGHTH
CIRCUIT FINDS

A Missouri hospital did not violate federal labor law when
it fired a prounion nurse who appeared on a local news
broadcast and accused the hospital of "jeopardizing the
health of mothers and babies" by altering shift assignments
and duties of certain labor and delivery nurses, the Eighth
Circuit rules ("St. Luke's Episcopal-Presbyterian Hospitals
Inc. v. NLRB,  "8th Cir., No. 00-3169,  10/10/01).

Denying enforcement of an order by the National Labor
Relations Board, Judge Loken disagrees with the board's
conclusion that St. Luke's Episcopal-Presbyterian Hospital
in Chesterfield, Mo., violated the National Labor Relations
Act by terminating registered nurse first assistant Carol
Hollowood based on protected concerted activity. There was
"overwhelming evidence" that Hollowood was fired because her
comments were false and disparaging to the hospital, and
they alienated her co-workers, the court decides. . . . Page
A-9

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3m5p4_


________________

ALSO IN THE NEWS
________________

UNEMPLOYMENT INSURANCE: New jobless claims for the week
ending Oct. 6 fell to 468,000, a decrease  of  67,000 from
the previous week's revised figure of 535,000, according to
the Employment and Training Administration. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g2g3_

HEALTH CARE EMPLOYEES: Members of the New York State Nurses
Association ratify a new three-year contract with Staten
Island University Hospital that limits the use of mandatory
overtime. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3h4k2_

FOOD PROCESSING: Some 875 hourly employees at the Campbell
Soup plant in Paris, Texas, remain off the job in what the
company says is a strike and United Food and Commercial
Workers Local 540 is calling a lockout. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3f2x6_

OIL: In what is thought to be the first successful
organizing effort at a North American offshore oil drilling
operation, the Communications, Energy, and Paperworkers
Union of Canada gains majority support among some 400
workers on a drilling platform off the shore of
Newfoundland. The employees work for Hibernia Development
and Management Co. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3k0q0_


____

TEXT
____

UNFAIR LABOR PRACTICES: NLRB decision in" Freeman Decorating
Co. ". . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3d9p3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

AIRLINES
   Senate Democrats fail in bid to include assistance
   package for laid-off airline industry workers as
   amendment to airport security bill (S. 1447) that wins
   unanimous Senate approval . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3p0m1_

EMPLOYMENT
   Economic stimulus bill being negotiated by Congress and
   White House is emerging as likely vehicle for legislation
   to provide aid to displaced workers . . . Page AA-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3n2p4_


____

NEWS
____

AFFIRMATIVE ACTION
   Federal judge orders New Jersey casino regulators to
   eliminate portions of equal employment opportunity
   regulations that require Atlantic City casinos to set
   specific affirmative action goals for hiring minorities
   and women . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g5x1_

AGE DISCRIMINATION
   Questions about hearing aid sales executive's job
   performance revived age discrimination suit brought
   against Minnesota manufacturer, federal appeals court
   rules . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v2n7d8_

APPAREL
   Nike, Inc. releases first corporate responsibility report
   that identifies worker concerns and monitoring problems
   at numerous factories worldwide . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3k2n5_

APPROPRIATIONS
   House readies for vote on bipartisan fiscal year 2002
   spending bill (H.R. 3061) for departments of Labor,
   Health and Human Services, and Education . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v1v9e7_

FOOD PROCESSING
   Some 875 hourly employees at Campbell Soup plant in
   Paris, Texas, remain off job in what company says is
   strike and union is calling lockout . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3f2x6_

HEALTH CARE
   Utah federal district court dismisses class action claims
   by health maintenance organization members challenging
   HMO's practice of calculating participants' copayments on
   providers' full billed fees, rather than discounted fees
   negotiated with HMO . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3h8y6_

HEALTH CARE EMPLOYEES
   Members of New York State Nurses Association ratify new
   three-year contract with Staten Island University
   Hospital that limits use of mandatory overtime . . . Page
   A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3h4k2_

LABOR DEPARTMENT
   CORRECTION: Report on nomination of Eugene Scalia as
   solicitor of labor that appeared in "Daily Labor Report"
   (194 DLR A-6, 10/10/01) incorrectly stated last name of
   Theodore J. St. Antoine, professor at University of
   Michigan Law School. St. Antoine was not an associate
   general counsel for AFL-CIO as reported, but partner in
   private law firm that represented federation until 1965 .
   . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v2x8r8_

LABOR LAW
   CORRECTION: Story appearing at 193 DLR A-6, 10/9/01,
   should have stated that attorney Michael Bernstein, of
   Benetar, Bernstein, Schair & Stein in New York City,
   represented Unimac Graphics Corp. Jed L. Marcus, of
   Grotta, Glassman & Hoffman in Roseland, N.J., represented
   other defendants in action . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g7g2_

OIL
   Canadian energy workers' union gains majority support
   among some 400 workers on offshore Newfoundland drilling
   platform . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3k0q0_

PUBLIC EMPLOYEES
   Legislation is to be introduced to establish $7 billion,
   seven-year federal grant program to allow state and local
   firefighting agencies to apply for funds to hire up to
   75,000 additional firefighters nationwide . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3k2v7_

TELECOMMUTING
   Interagency task force for commute trip reduction adopts
   policy guidelines for state agencies on teleworking and
   flexible working hours . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v2n5f9_

TRANSPORTATION
   American Trucking Association recommends that Congress
   pass legislation designed to increase security in
   trucking, such as allowing motor carriers to obtain
   criminal background information on current and
   prospective employees . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3a2w2_

UNFAIR LABOR PRACTICES
   Failure of union representing New Orleans convention
   exhibit workers to give prior notice of strike did not
   deprive workers of protection under federal labor law,
   NLRB rules 2-1 . . . Page A-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3k0u0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3d9p3_

   Missouri hospital did not violate federal labor law when
   it fired pro-union nurse who on news broadcast accused
   hospital of "jeopardizing the health of mothers and
   babies" by altering nurses' shift assignments and duties,
   Eighth Circuit rules . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3m5p4_

VETERANS
   U.S. Postal Service agrees to reinstate Army reservist
   employee placed on disability retirement upon return from
   duty in Bosnia . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v1y0c5_


_________

INTERVIEW
_________

LABOR DEPARTMENT
   Looking back at eight years as head of agency, Bureau of
   Labor Statistics Commissioner Abraham says she believes
   support has grown for funding research and improvements
   of key economic data programs . . . Page B-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3n6j5_


___________

LEGISLATION
___________

HEALTH CARE
   Advocates for mentally ill continue to press for
   enactment of legislation to reauthorize and expand 1996
   mental health parity law as time winds down on first half
   of 107th Congress . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v2b3h7_


_____________

ECONOMIC NEWS
_____________

UNEMPLOYMENT INSURANCE
   New jobless claims for week ending Oct. 6 fell to
   468,000, decrease of 67,000 from previous week's revised
   figure of 535,000, according to Labor Department's
   Employment and Training Administration . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g2g3_


____

TEXT
____

UNFAIR LABOR PRACTICES
   NLRB decision in Freeman Decorating Co. . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3d9p3_


______________

TABLE OF CASES
______________

EEOC v. J.B. Hunt Transp. Inc. (N.D.N.Y.) . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g7g2_

Freeman Decorating Co. (NLRB) . . . Page A-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3k0u0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3d9p3_

Lefler v. United Healthcare of Utah (D. Utah) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3h8y6_

Rudolph v. Adamar of New Jersey, Inc., d/b/a Tropicana
Casino and Resort (D.N.J.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3g5x1_

St. Luke's Episcopal-Presbyterian Hospitals Inc. v. NLRB
(8th Cir.) . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v3m5p4_

Yates v. Rexton Inc. (8th Cir.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4v2n7d8_

   __________
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