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Subject:	Sept 6 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
September 6, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


FOX CALLS FOR GUESTWORKER AGREEMENT BY YEAR'S END; BUSH
HEDGES ON TIME

As the first White House official state visitor during the
Bush administration, Mexico's President Vicente Fox calls on
the United States and Mexican governments to reach an
agreement on immigration reforms by the end of the year.

White House officials say Bush shares many of Fox's
objectives, but decline to say that the administration also
has set the end of this year as a deadline for coming up
with such an agreement. As part of the immigration
discussion, the Bush administration is seeking a temporary
worker program with Mexico that is "grounded in reality and
the needs of our economy, and that doesn't hurt U.S.
workers," according to a White House statement.

The statement is silent about legalizing undocumented
workers who are currently in the United States, as proposed
by Fox and several U.S. lawmakers. Any U.S.-Mexico
guestworker program should recognize "the contributions
undocumented Mexicans are making in the United States,"
according to the White House statement. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3y8h2_


NLRB 2-1 REJECTS PARKING FIRM'S ATTEMPT TO BYPASS
AFTER-ACQUIRED CLAUSE

A California parking-facilities operator cannot demand a
representation election for a separate unit of employees of
a recently acquired company when a union sought inclusion of
those employees in an already existing bargaining unit
pursuant to an "after acquired" clause in a bargaining
contract, the National Labor Relations Board rules in a 2-1
decision ("Central Parking Sys. Inc., "335 N.L.R.B. No. 34,
8/27/01 [released 8/30/01]). Affirming a regional director's
dismissal of Central Parking System Inc.'s representation
petition, Members Liebman and Truesdale find that if the
company agreed to an after-acquired clause covering the
situation, it waived its right to demand an election. The
two members also find the petition must be dismissed because
International Brotherhood of Teamsters Local 665 did not
seek recognition to represent a separate unit consisting
only of employees from the acquired company.

The majority defers to grievance arbitration to resolve the
remaining issues regarding the after-acquired clause.
Dissenting, Chairman Hurtgen asserts the validity of the
representation petition does not turn on the basis for the
union's recognition demand. The board, not an arbitrator,
should decide representation issues and assure employees'
rights are protected, Hurtgen says. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3t3k0_


FIRST CIRCUIT OKS $400,000 IN PUNITIVES IN MANAGER'S
RETALIATION SUIT

The First Circuit affirms a $730,000 jury verdict for a
credit union financial planning manager whose chief
executive officer undercut her authority, stripped her of
management duties, pitted her co-workers against her, and
eventually terminated her after she filed sex and pregnancy
discrimination claims against the company ("Zimmerman v.
Direct Federal Credit Union,  "1st Cir., No. 01-1007,
9/4/01).

The evidence supported the jury's $400,000 award of punitive
damages based on Celia G. Zimmerman's claim that the chief
executive officer at Direct Federal Credit Union, David
Breslin, retaliated against her in violation of
Massachusetts's anti-discrimination law. The award was fair,
given that the "jury rationally could have found that
Breslin (and through him, Direct) mounted a deliberate,
systematic campaign to punish the plaintiff as a reprisal
for her effrontery in lodging a discrimination claim," the
court rules. The court further affirms the jury's decision
that Breslin tortiously interfered with Zimmerman's
advantageous relationship with her employer. . . . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3w7m2_


FORMER IUE OFFICIAL MAY PROCEED WITH RETALIATION CHARGES
AGAINST UNION

A former official of the International Union of Electronic
Workers who was suspended after criticizing the union's
president may proceed with his claim that he was retaliated
against for exercising his right to free expression in
violation of the Labor-Management Reporting and Disclosure
Act, the District of Columbia Circuit rules ("Gilvin v.
Fire, "D.C. Cir., No. 00-7221, 8/21/01). Holding that the
former secretary-treasurer of IUE was protected by the
LMRDA, the D.C. Circuit reverses a lower court decision that
the law protects only the rights of union members, not union
officers. "That holding was an error of law," the court
said.

IUE suspended Ron Gilvin for refusing to sign checks
authorized by the union's president, Edward Fire. Gilvin,
who was subsequently recalled by IUE members, maintained
that the union violated his LMRDA rights to free expression
because the suspension was imposed in retaliation for his
criticism of Fire's plan to transfer money from the union's
strike fund to a general fund. He also questioned increases
in union subsidies to its district councils, as well as
raises and travel reimbursements authorized by Fire. . . .
Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r2z6v8_


NONMANUFACTURING CONTRACTS IN 2001 SHOW WEIGHTED GAIN OF 3.9
PERCENT

Data compiled by BNA in the first 36 weeks of 2001 showed
that the weighted average first-year wage increase in newly
bargained contracts in the nonmanufacturing sector
(excluding construction) was 3.9 percent compared with 4
percent in 2000. The median increase in these contracts was
4 percent, compared with 3.5 percent last year.
Manufacturing agreements provided a weighted average
increase of 3.1 percent, compared with 3.3 percent in 2000,
and a median of 3 percent, unchanged from the same period in
2000.

 Among new settlements included in the latest biweekly wage
tabulation include: an agreement between the Paper,
Allied-Industrial, Chemical and Energy Workers and Procter &
Gamble; and a contract between Wisconsin Electric Co. and
the International Brotherhood of Electrical Workers . . .
Page D-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r1v7a0_


______________

TODAY'S EVENTS
______________

UNEMPLOYMENT:  Weekly data on initial claims for
unemployment benefits released, 8:30 a.m., Labor Department.

________________

ALSO IN THE NEWS
________________


PRODUCTIVITY: Nonfarm business productivity was revised down
to a growth rate of 2.1 percent in the fourth quarter as
revisions to output data showed production was slower than
the government had originally estimated, the Bureau of Labor
Statistics reports. Second quarter output was revised down
sharply to a decline of 0.5 percent from a previously
reported increase of 0.1 percent. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3u6q4_

WAGE & HOUR: The Labor Department's administration of a
special minimum wage program for certain individuals with
disabilities has come under fire in a recent General
Accounting Office report, which attributes the program's
shortcomings to the low priority placed on the program. . .
. Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3y2b9_

MANUFACTURING: Production halted at an Allegheny
Technologies' plant in Albany, Ore., in what the United
Steelworkers says was a lockout and the company calls a
strike. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r2z2w0_

LAYOFFS: U.S. companies in August announced a total of
140,019 workforce reductions, 32 percent fewer layoffs than
the previous month, the outplacement firm of Challenger,
Gray & Christmas Inc. reports. However, the total number of
layoffs for the first eight months of the year, at
1,123,356, is 83 percent higher than the year-end total of
2000. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3k0x8_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

IMMIGRATION
   As first White House official state visitor during Bush
   administration, Mexico's President Fox urges U.S. and
   Mexican governments to reach agreement on immigration
   reforms by end of year . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3y8h2_


____

NEWS
____

AFFIRMATIVE ACTION
   California appellate court strikes down five state laws
   that allow racial and gender preferences in hiring and
   contracting practices of state government and community
   colleges, saying the laws violate Proposition 209 and
   Equal Protection Clause . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3w6b6_

CONSTRUCTION
   Legislation that would specify construction contractor's
   responsibility for workers referred to job sites by
   temporary staffing agencies (A.B. 1679) is approved by
   California Senate and sent to Assembly . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3x9b3_

EUROPEAN UNION
   European Union is considering pension reforms that would
   provide adequate retirement income to growing elderly
   population while building financially sustainable systems
   that meet needs of changing European work environment . .
   . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r2q8r4_

IMMIGRATION
   House approves by voice votes two bills that would grant
   work permits to spouses of certain temporary foreign
   workers in the United States . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3y4g4_

INTERNATIONAL LABOR
   Workers at Volkswagen de Mexico end 18-day strike and
   return to work after reaching agreement on contract that
   includes 14.7 percent increase in total compensation . .
   . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3y0r5_

LABOR LAW
   Former IUE official suspended after criticizing union's
   president may proceed with his retaliation claim under
   Labor-Management Reporting and Disclosure Act, District
   of Columbia Circuit rules . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r2z6v8_

LAYOFFS
   Outplacement firm Challenger, Gray & Christmas Inc. says
   U.S. companies in August had 140,019 workforce
   reductions, 32 percent fewer layoffs than in July . . .
   Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3k0x8_

MANUFACTURING
   In its first representation of employees outside
   agriculture, United Farm Workers negotiates contract for
   employees of California-based furniture manufacturing
   firm . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3x2x0_

   Production is halted at Allegheny Technologies' plant in
   Albany, Ore., in what Steelworkers say is a lockout and
   company calls a strike . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r2z2w0_

MINIMUM WAGE
   Boston Mayor Menino (D) proposes expansion of city's
   three-year-old living wage ordinance, calling for
   increase from $9.11 to $10.25 per hour in amount city
   service contractors must pay employees and for reducing
   minimum threshold for coverage under the law . . . Page
   A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3w5w9_

PENSIONS
   Japanese government says that as many as 44 percent of
   country's corporate pension funds were underfunded at end
   of fiscal year 1999 because of historically low interest
   rates and sluggish stock prices . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r2r2q5_

REPRESENTATION ELECTIONS
   California parking facilities operator cannot demand
   representation election for separate unit of employees of
   recently acquired company when union sought inclusion of
   those employees in an already-existing bargaining unit
   pursuant to an "after acquired" clause in a bargaining
   contract, NLRB rules 2-1 . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3t3k0_

RETALIATION
   First Circuit affirms $730,000 jury verdict for credit
   union financial planning manager whose chief executive
   officer maliciously retaliated against her after she
   filed sex and pregnancy discrimination claim . . . Page
   A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3w7m2_

TAXES
   Unemployment compensation taxes paid by Pennsylvania
   employers will decline by $20 million in 2002 compared
   with this year, Gov. Ridge (R) says . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3v1h7_

TRADE
   Senate Majority Leader Daschle (D-S.D.) says there is a
   "possibility" that Senate could consider a bill to renew
   the president's trade promotion authority . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3z0j0_

WAGE & HOUR
   Labor Department's administration of special minimum wage
   program for certain individuals with disabilities comes
   under fire in recent General Accounting Office report,
   which attributes shortcomings to low priority placed on
   the program . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3y2b9_


______

TRENDS
______

JOB TRAINING
   With limited numbers of applicants for entry-level
   positions, employers are casting a wider net for
   nontraditional employees in order to meet their strategic
   goals . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3g8b1_


_____________

ECONOMIC NEWS
_____________

PRODUCTIVITY
   Nonfarm business productivity is revised down to growth
   rate of 2.1 percent in fourth quarter as revisions to
   output data show production was slower than government
   originally estimated, Labor Department's Bureau of Labor
   Statistics reports . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3u6q4_

COLLECTIVE BARGAINING
   Data compiled by BNA in first 36 weeks of 2001 show that
   weighted average first-year wage increase in newly
   bargained contracts in nonmanufacturing sector (excluding
   construction) was 3.9 percent compared with 4 percent in
   2000 . . . Page D-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r1v7a0_


______________

TABLE OF CASES
______________

Central Parking Sys. Inc. (N.L.R.B.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3t3k0_

Connerly v. State Personnel Bd. (Cal. Ct. App.) . . . Page
A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3w6b6_

Gilvin v. Fire (D.C. Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r2z6v8_

Zimmerman v. Direct Federal Credit Union  (1st Cir.) . . .
Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4r3w7m2_

   __________
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