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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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Subject:	Aug. 13 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 13, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


COURT OKS SIX-MONTH LIMIT ON SUITS, REJECTS 10-DAY NOTICE
REQUIREMENT

A provision in an employment contract between a life
insurance company and its agents stating that the agents
would have only six months to bring any claims against the
employer after they left the company was enforceable under
California law, the Ninth Circuit rules, affirming summary
judgment for the employer on the claim ("Soltani v. Western
& Southern Life Ins. Co.,"9th Cir.,  No. 99-56612,  8/6/01).

However, Judge King finds unenforceable a second provision
requiring employees to give Western & Southern Life
Insurance Co. 10 days' written notice before filing a
lawsuit. Finding no valid justification for the provision,
the court strikes it down, finding it unconscionably
deprives employees of a judicial forum.  . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6b8q1_


ELEVENTH CIRCUIT SPLITS ON VIEW OF FLSA EXEMPTION FOR
COMMISSION PLAN

A painter working for an automobile repair shop may be
entitled to overtime even though he was compensated under a
commission payment plan that is exempt from the requirements
of the Fair Labor Standards Act, a divided Eleventh Circuit
rules ("Klinedinst v. Swift Investments Inc., "11th Cir.,
No. 99-08913-CV-SH, 8/7/01). While agreeing that the
painter's wages constituted commissions, the court remands
the case for a determination of whether his regular rate of
pay was high enough for the FLSA exemption to apply.

Calling the majority's definition of commissions
"expansive," the dissent says there is "considerable doubt"
as to whether Congress intended to shield payment plans such
as the one at issue in this case from the FLSA's
requirements. It argues that the painter was not paid on a
commission basis simply because his compensation was linked
to the amount of time allotted to the job in an automobile
repair estimate. "By any ordinary understanding of the
meaning of commissions," the payments to the painter are not
commissions, the dissenting judge says. The painter "does
not generate sales or jobs for his employer," but rather is
"an ordinary wage-earning employee performing service work
in an automobile garage." . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6c9v0_


 PARTICIPANT HAS STANDING TO CHALLENGE PENSION PLAN
AMENDMENT

A participant in a collectively bargained pension plan has
constitutional standing to sue the plan's administrator
under the Employee Retirement Income Security Act for
unilaterally amending the plan to grant the administrator
full discretion in determining benefits eligibility, the
Seventh Circuit rules ("Johnson v. Allsteel Inc., "7th Cir.,
No. 00-1504, 8/7/01).

Reversing a lower court's ruling that Charles Johnson did
not have standing to sue Allsteel Inc. for modifying the
pension plan, the Seventh Circuit finds that Johnson
experienced an "injury-in-fact" even though the plan
administrator had not yet adversely exercised its discretion
against him. The plan amendment adversely impacted Johnson
because it decreased his rights under the plan, the court
said.

 "By adding language that granted itself discretionary
authority to determine eligibility under and to construe the
Plan, Allsteel increased the likelihood that Johnson will,
at some point, be denied benefits under the Plan.  This
correspondingly decreased the certainty of his Plan
entitlements, causing him immediate injury, the court
explains. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a4p9_


STEEP ENERGY PRICE DROP PUSHES DOWN PPI

Steeply declining energy prices largely were responsible for
a 0.9 percent drop in producer prices for finished goods in
July, according to figures released by the Bureau of Labor
Statistics. It was the largest monthly decline in the
finished goods PPI since August 1993, when the index fell by
1.0 percent.

Finished energy goods prices fell 5.8 percent in July, the
biggest drop since August 1989 when they dropped 7.8
percent. The lack of inflation pressures--apparent in both
the latest PPI data and consumer price figures through
June--takes pressure off the Federal Reserve as its
policymakers approach an Aug. 21 meeting where they must
decide whether to lower interest rates  again. . . . Page
D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6a8b6_


FEMALE TRAINER BARRED FROM MEN'S BASKETBALL TEAM CAN GO TO
TRIAL

A female head athletic trainer who was told she could not
work with the George Washington University men's basketball
team because "it was a gender issue" should be allowed to
take her employment discrimination claims to trial, a
District of Columbia trial court rules ("Jenkins v. George
Washington Univ., "D.C. Super. Ct., No. 00 ca 3755, 8/3/01).
Rejecting the university's motion for summary judgment,
Judge Zeldon of the District of Columbia Superior Court
finds that Jacquelin Jenkins has sufficient evidence to make
out a gender discrimination claim under the District of
Columbia Human Rights Act, as well as a constructive
discharge claim. The court finds Jenkins "presented direct
evidence of gender discrimination by citing to the alleged
statements" by the athletic director. It leaves for a jury
to decide, however, whether Jenkins experienced an adverse
action. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5b2y1_


________________

ALSO IN THE NEWS
________________

COMMUNICATIONS: Members of Local 21 of the International
Brotherhood of Electrical Workers ratify a new three-year
contract covering more than 13,000 employees of Ameritech.
The agreement, raising wage rates by a total of 12.25
percent, covers all of Ameritech's indoor and outdoor
technical employees, construction employees, service
representatives, and certain sales and marketing employees
throughout Illinois and northwest Indiana. . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5y7c0_

ORGANIZING: Cingular Wireless and the Communications Workers
of America announce a neutrality and card check agreement
covering potential union organizing among some 10,000
employees in nine southeastern states and Puerto Rico. Under
the neutrality agreement, Cingular will not express any
opinion for or against union representation during CWA
organizing drives. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5m0c6_

CANADIAN ECONOMY:Little change in labor market conditions
kept Canada's national unemployment rate at 7.0 percent for
a fifth consecutive month in July, Statistics Canada
reports. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5e0u4_


____

TEXT
____

NLRB: NLRB's weekly summary of cases, dated Aug. 10. . . .
Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6f7d8_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

EMPLOYMENT CONTRACTS
   Provision in an employment contract between a life
   insurance company and its agents stating that the agents
   would have only six months to bring any claims against
   the employer after they left the company was enforceable
   under California law, the Ninth Circuit rules, affirming
   summary judgment for the employer on the claim . . . Page
   AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6b8q1_


____

NEWS
____

AEROSPACE
   SPEEA launches an organizing campaign among some 5,000
   technical and engineering workers employed at the St.
   Louis facility of the Boeing Co. . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4t6m3_

AIRLINES
   Airline labor bill introduced in the Senate (S. 1327)
   could force the opposing sides to go to binding
   arbitration as a way of settling bargaining disputes . .
   . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3j5t0_

CANADIAN ECONOMY
   Little change in labor market conditions kept Canada's
   national unemployment rate at 7.0 percent for a fifth
   consecutive month in July, Statistics Canada reports . .
   . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5e0u4_

COMMUNICATIONS
   Cingular Wireless and CWA announce that they have
   negotiated a neutrality and card check agreement that
   could apply to some 10,000 employees in nine southeastern
   states and Puerto Rico . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5m0c6_

   More than 13,000 employees of Ameritech will gain wage
   increases totaling 12.25 percent over three years under a
   new collective bargaining agreement ratified by members
   of IBEW Local 21 . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5y7c0_

DISABILITIES
   Cemetery sexton's statements in his application for
   disability benefits conflicted with statements made in
   his Americans with Disabilities Act claim, the Seventh
   Circuit rules, reversing a $195,000 jury award . . . Page
   A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4z9w2_

ERISA
   Fourth Circuit finds that UNUM Life Insurance Co.
   breached its fiduciary duties when it denied long-term
   disability benefits to a plan participant based on a
   release she had signed when working for another employer
   . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5b3m7_

   Participant in a collectively bargained pension plan has
   constitutional standing to sue the plan's administrator
   under the Employee Retirement Income Security Act for
   unilaterally amending the plan to grant the administrator
   full discretion in determining benefits eligibility, the
   Seventh Circuit rules . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a4p9_

FLSA
   Painter working for an automobile repair shop may be
   entitled to overtime pay even though he was compensated
   under a commission payment plan that is exempt from the
   requirements of the Fair Labor Standards Act, a divided
   Eleventh Circuit rules . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6c9v0_

GAMING
   Slot attendants at Caesar's Atlantic City are working
   under terms of a new 39-month contract that ended a
   one-month strike at the New Jersey casino . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6a8x7_

INTERNATIONAL LABOR
   CORRECTION: An article on an American Bar Association
   session on the question of whether minimum labor
   standards should apply to international trade, appearing
   at 152 DLR C-3, 8/8/01, contained an incorrect first name
   for one of the session's speakers. The article should
   have listed Robert Litan as the Brookings Institution
   economist and co-author of "Globalphobia: Confronting
   Fears About Open Trade". . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6a9e5_

PREGNANCY DISCRIMINATION
   Connecticut's public policy of eliminating discrimination
   based on sex supported a wrongful discharge claim brought
   by a bookkeeper who said she was fired because she was
   pregnant, even though the company had too few employees
   to be covered by state law, a state appeals court rules .
   . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4p6x4_

SAFETY & HEALTH
   OSHA levies proposed fines of $248,400 against
   Temple-Inland Forest Products Inc. in connection with a
   Feb. 14 explosion and fire that killed three workers and
   seriously burned 10 others at its Mount Jewett, Pa.,
   facility . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6c7a1_

SEX DISCRIMINATION
   Female head athletic trainer who was told she could not
   work with the George Washington University men's
   basketball team because "it was a gender issue" should be
   allowed to take her employment discrimination claims to
   trial, a District of Columbia trial court rules . . .
   Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5b2y1_

UNFAIR LABOR PRACTICES
   CORRECTION: A story reporting the National Labor
   Relations Board's decision in "Mainline Contracting
   Corp.", appearing at 153 DLR AA-1, 8/9/01, incorrectly
   spelled the name of NLRB attorney Michael J. Israel. . .
   . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5y8v8_


_____________

ECONOMIC NEWS
_____________

PRODUCER PRICES
   Steeply declining energy prices largely were responsible
   for a 0.9 percent drop in producer prices for finished
   goods in July, according to figures released by the Labor
   Department's Bureau of Labor Statistics . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6a8b6_


______________

TABLE OF CASES
______________

Barron v. UNUM Life Ins. Co. of Am. (4th Cir.) . . . Page
A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5b3m7_

Jenkins v. George Washington Univ.  (D.C. Super. Ct.) . . .
Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p5b2y1_

Johnson v. Allsteel Inc. (7th Cir.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a4p9_

Klinedinst v. Swift Investments, Inc.; (11th Cir.) . . .
Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6c9v0_

Lee v. Salem (7th Cir.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4z9w2_

Soltani v. Western & Southern Life Ins. Co.  (9th Cir.) . .
. Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p6b8q1_

Thibodeau v. Design Group One Architects  (Conn. App. Ct.) .
. . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4p6x4_

   __________
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