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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Tuesday, August 28, 2001 11:14 PM
To:	BNA Highlights
Subject:	Aug. 29 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 29, 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
am - 7:00 pm (ET).
__________

HIGHLIGHTS
__________


ELEVENTH CIRCUIT AFFIRMS SUPERVISOR DID NOT TAINT SIGNING OF
UNION CARDS

A Georgia heating and air conditioning firm's withdrawal of
its voluntary recognition of the Plumbers and Pipefitters
union was not justified by a supervisor's actions in signing
a union authorization card and speaking in favor of the
union, the Eleventh Circuit rules ("Waldinger Corp. v. NLRB,
"11th Cir., No. 00-14015, 8/24/01). The appeals court
affirms the National Labor Relations Board's 2-1 decision
that Waldinger Corp. committed an unfair labor practice by
withdrawing recognition of Local 72 and refusing to
negotiate a contract.

The board adopted an administrative law judge's findings
that the supervisor's involvement did not taint the signing
of union authorization cards by eight of 12 nonsupervisory
workers and that the branch manager voluntarily recognized
the union, requiring good-faith bargaining for a reasonable
period of time. Judge Birch finds substantial evidence
supports the board's ruling that the supervisor did not
create the impression that the company supported the union
or do anything to pressure employees to sign authorization
cards. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9c1q6_


ULP FOR PUBLISHER TO HIRE STRINGERS DURING BARGAINING, THIRD
CIRCUIT SAYS

A local newspaper publisher in Ellwood City, Pa., committed
an unfair labor practice when it hired "stringers"--
independent contractors who took photographs for the paper
on an ad hoc basis--to perform night and weekend photography
work when its regular, union-represented photographer became
overworked, the Third Circuit rules ("Citizens Publishing
and Printing Co. v. NLRB,  "3d Cir.,  No. 00-2825,
8/24/01).

Affirming an order from the National Labor Relations Board,
Judge Fuentes also decides that the strike that was prompted
by Citizens Publishing and Printing Co.'s decision to hire
the stringers was an unfair labor practices strike, not a
mere economic strike. The company violated the National
Labor Relations Act by falsely informing Teamsters Local 261
that it had permanently replaced the striking workers and by
not reinstating them when they made an unconditional offer
to return to work, the court holds.  . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9g5w7_


IBEW MEMBERS RATIFY CONTRACT FOR 3,000 WISCONSIN ELECTRIC
EMPLOYEES

A new three-year agreement between Wisconsin Electric Co.
and IBEW Local 2150 calls for wage increases totaling 9.35
percent over term and improvements in certain benefits. The
agreement, which applies to a wall-to-wall unit of about
3,000 employees, provides an initial general wage increase
of 3 percent, retroactive to Aug. 16, the effective date of
the new agreement. There are further increases of 3 percent
next August and 3.35 percent in August 2003.

 In addition, a cost-of-living provision in the second and
third years could give employees additional adjustments
amounting to one-half of the difference between the
negotiated increase and the inflation rate. Thus, if
inflation is 4 percent next year, an additional 0.5 percent
would be added to the 3 percent negotiated for 2002.
Employees will continue to pay 10 percent of the cost of
their health care premiums for the first two years,
increasing to 15 percent in the third year. However, the cap
on employees' out-of-pocket payments for health services
will be lifted. . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9b5q8_


TRADE-IMPACTED  COMMUNITIES FACE DIFFICULTIES, GAO FINDS

Communities that have experienced high worker dislocation
because of trade have difficulty re-employing many of those
workers because they have low education levels and limited
English proficiency, according to a recently released report
from the General Accounting Office. The problems stem in
part from confusion between two trade adjustment assistance
programs that have different requirements and an unstable
source of funding for states, according to the report. Other
inconsistencies in the Trade Adjustment Assistance program
hamper its effectiveness in re-employing dislocated workers,
the report says. For example, participants are eligible for
up to two years of occupational training, but only 18 months
of income support.

The president has been silent on TAA except to state that he
wants to propose changes to it. The administration is
expected to issue a position statement on TAA in early
September, according to a Labor Department spokesman. The
program expires Sept. 30 unless it is reauthorized by
Congress. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9b4m8_


EPITHETS BY CO-WORKER ARE ENOUGH FOR TRIAL ON RACE
DISCRIMINATION

An African American leasing agent who was subjected to
racist epithets from a co-worker can proceed to trial with
her claims of race discrimination under Title VII of the
1964 Civil Rights Act, a federal judge in Baltimore rules
("Collier v. Ram Partners, Inc., "D. Md., 00-3294, 8/21/01).

Judge Davis of the U.S. District Court for the District of
Maryland observes that cases of hostile environment race
discrimination are rare, "[g]iven the coarseness of modern
discourse." But he finds that Rhonda Collier's claims
against RAM Partners, if viewed in a most favorable light,
were sufficiently severe to warrant a trial. Collier not
only protested against the "verbally-created racist regime,"
which she contended was tolerated by company officials, but
was subjected to serious threats of physical harm after
complaining, he finds, in denying the company's motion for
summary judgment. . . . Page A-9

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9e1a3_


OSHA TO OFFER OUTREACH ON RECORDKEEPING, VPP ASSISTANCE

The new head of the Occupational Safety and Health
Administration says the agency will launch a sweeping effort
to educate employers on new injury and illness recordkeeping
regulations set to go into effect in January 2002.

OSHA Administrator John Henshaw also announces a new
agreement with an association representing work sites in the
OSHA Voluntary Protection Program. The Voluntary Protection
Program's Participants' Association and OSHA have "agreed to
reach out to companies" that were recently warned by the
agency to cut their higher-than-average injury and illness
rates. . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9g4t6_


______________

TODAY'S EVENTS
______________

GDP: First revisions of gross domestic product for second
quarter released, 8:30 a.m., Commerce Department.

________________

ALSO IN THE NEWS
________________


HEALTH CARE EMPLOYEES: The National Labor Relations Board's
St. Louis regional office certifies the results of an
election at Memorial Hospital in Belleville, Ill., in which
registered nurses voted 325-155 against union representation
by Local 2000 of the Service Employees International Union.
. . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9d4g6_

CONSUMER CONFIDENCE: The consumer confidence index fell 2.0
percentage points in August as consumers reflected less
optimism about economic conditions than they did the
previous month, according to a report by the Conference
Board. . . . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8z5e1_

AIRLINES: A three-year campaign by the Association of Flight
Attendants to organize 20,000 flight attendants at
Atlanta-based Delta Air Lines Inc. will enter a new phase
Aug. 29 when the union files an election petition with the
National Mediation Board. . . . Page A-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8z7v3_

CANADIAN ECONOMY: Canadian workers' average weekly earnings
increased by 0.2 percent in June, double the revised 0.1
percent increase in May, Statistics Canada reports.
Seasonally adjusted weekly earnings for all industrial
employees in Canada averaged C$661.38 ($429.90) in June, up
C$1.12 ($0.73) from the revised C$660.26 ($429.17) in May,
the agency says. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8x5z5_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

UNFAIR LABOR PRACTICES
   Georgia heating and air conditioning firm's withdrawal of
   its voluntary recognition of the Plumbers and Pipefitters
   was not justified by a supervisor's actions in signing a
   union authorization card and speaking in favor of the
   union, Eleventh Circuit rules . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9c1q6_


____

NEWS
____

AIRLINES
   Following three-year campaign to organize 20,000 flight
   attendants at Atlanta-based Delta Air Lines Inc., AFA
   will file an election petition with NMB Aug. 29 . . .
   Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8z7v3_

ARBITRATION
   Boston Medical Center must reinstate a nurse discharged
   following the 1998 death of a 4-month-old infant under
   her care, First Circuit rules . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8f7b4_

CANADIAN ECONOMY
   Canadian workers' average weekly earnings increased by
   0.2 percent in June, double the revised 0.1 percent
   increase in May, Statistics Canada reports . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8x5z5_

CONSTRUCTION
   Approximately 3,300 union electricians in metropolitan
   Atlanta will earn 65 cents per hour more Sept. 1 and
   another 65 cents per hour more next March 1 as
   second-year contractual increase under terms set by the
   Council of Industrial Relations . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9c9c8_

CONSUMER CONFIDENCE
   Consumer confidence index fell 2.0 percentage points in
   August as consumers reflected less optimism about
   economic conditions than they did the previous month,
   Conference Board reports . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8z5e1_

DISABILITIES
   Woodbridge Corp. in Kansas City, Mo., did not violate ADA
   by denying employment to 19 individuals who showed
   susceptibility to carpal tunnel syndrome based on a test,
   because the manufacturer viewed the applicants as limited
   in doing one specific job, not a broad classification of
   jobs, Eighth Circuit rules . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8z8e7_

HEALTH CARE EMPLOYEES
   NLRB's St. Louis office certifies results of an election
   at Memorial Hospital in Belleville, Ill., in which
   registered nurses by more than 2-1 ratio turned down
   union representation . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9d4g6_

INTERNATIONAL LABOR
   Working conditions in Ukraine continue to decline as the
   country struggles to overcome its Soviet-era legacy, with
   many workers going without pay for months at a time and
   toiling in unsafe working conditions, ILO says . . . Page
   A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8y2g1_

MINE SAFETY
   MSHA says it will delay effective date of its interim
   final rule for hazard communication, reopen the record,
   and hold additional public hearings . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9f1c7_

PENSIONS
   Administrator of an accidental death and dismemberment
   benefit plan did not act arbitrarily in denying benefits
   under the plan's "criminal exclusion" to the mother of a
   deceased plan participant who was under the influence of
   alcohol when he died, federal district court in Iowa
   rules . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q6m2h4_

RACIAL HARASSMENT
   African American leasing agent who was subjected to
   racist epithets from her co-worker can proceed to trial
   with claims of race discrimination under Title VII of the
   1964 Civil Rights Act, federal judge in Baltimore rules .
   . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9e1a3_

RETIREE BENEFITS
   Federal district court did not err when, in remanding
   retired employee's lawsuit to his former employer's
   benefit plan administrator, it reinstated employee's
   rescinded early retirement benefits, Sixth Circuit rules
   . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8f4r4_

SAFETY & HEALTH
   Fatal accident at Apex Homes Inc. modular home
   manufacturing facility in Middleburg, Pa., results in 26
   citations of alleged health and safety violations and
   proposed penalties of $150,500 from OSHA . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8g4e7_

   Harnischfeger Corp.'s P&H Mining Equipment Division in
   Milwaukee is cited by OSHA for seven alleged
   violations--three of them willful--in the wake of a flash
   fire that injured a worker . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9a5x8_

TRADE
   American Textile Manufacturers Institute calls on U.S.
   government to impose emergency surge controls on textile
   imports to counteract a crisis facing U.S. textile
   companies because of Asian currency devaluations . . .
   Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9d0a5_

   GAO report finds communities that have experienced high
   worker dislocation because of trade have difficulty
   re-employing many of those workers because they have low
   education levels and limited English proficiency . . .
   Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9b4m8_

UNFAIR LABOR PRACTICES
   Local newspaper publisher in Ellwood City, Pa., committed
   unfair labor practice when it hired independent
   contractors to perform night and weekend photography work
   when its regular, union-represented photographer became
   overworked, Third Circuit rules . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9g5w7_

UTILITIES
   New three-year agreement between Wisconsin Electric Co.
   and IBEW Local 2150 calls for wage increases totaling
   9.35 percent over term and improvements in certain
   benefits . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9b5q8_


_________________

CONFERENCE REPORT
_________________

SAFETY & HEALTH
   New OSHA administrator John Henshaw says agency will
   launch a sweeping effort to educate employers on new
   injury and illness recordkeeping regulations set to go
   into effect in January 2002 . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9g4t6_


______________

TABLE OF CASES
______________

Boston Medical Center v. SEIU Local 285 (1st Cir.) . . .
Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8f7b4_

Citizens Publishing and Printing Co. v. NLRB  (3d Cir.) . .
. Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9g5w7_

Collier v. Ram Partners Inc. (D. Md.) . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9e1a3_

EEOC v. Woodbridge Corp. (8th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8z8e7_

Sanford v. Harvard Indus. Inc. (6th Cir.) . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q8f4r4_

Strasser v. UNUM Life Ins. Co. of Am. (N.D. Iowa) . . . Page
A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q6m2h4_

Waldinger Corp. v. NLRB (11th Cir.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4q9c1q6_

   __________
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