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	"BNA Highlights" <bhighlig@bna.com>
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		 Subject: Nov. 20 -- BNA, Inc. Daily Labor Report


______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 20, 2000
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


LABOR DEPARTMENT PUBLISHES FINAL 'HELPERS' RULE

The Department of Labor releases a final rule to amend
Davis-Bacon Act regulations to allow contractors on federal
and federally assisted construction projects to use
"helpers" when that practice prevails in an area. The final
rule is scheduled for publication in the Nov. 20 "Federal
Register".

The final rule states that "[a] distinct classification of
'helper' will be issued in wage determinations applicable to
work performed on construction projects covered by the labor
standards provisions of the Davis-Bacon and Related Acts."
The agency says, however, that the classification will apply
only where: "(i) the duties of the helper are clearly
defined and distinct from those of any other classification
on the wage determination; (ii) the use of such helpers is
an established prevailing practice in the area; and (iii)
the helper is not employed as a trainee in an informal
training program."

A union attorney expresses doubt the rule will succeed in
setting any helper determination, while a representative of
the Associated Builders and Contractors says the
organization is considering litigation against the rule,
which he says "ignores the realities of the workplace and
refuses to recognize a prevailing class of workers.". . .
Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j9a7_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a8w5_


NLRB RULES 3-1 AGAINST LABOR SUPPLIER FOR REFUSING TO HIRE
ORGANIZER

Tradesmen International Inc., a supplier of skilled
construction workers, committed an unfair labor practice by
refusing to hire a union organizer who challenged a
construction company's compliance with a city bonding
ordinance, the National Labor Relations Board rules in a 3-1
decision ("Tradesmen Int'l Inc., "332 N.L.R.B. No. 107,
10/31/00 [released 11/9/00]). Overturning an administrative
law judge's dismissal of the complaint, Chairman Truesdale
and Members Fox and Liebman find Tradesmen violated Sections
8(a)(1) and (3) of the National Labor Relations Act by
refusing to hire Matthew Oakes, a full-time organizer for
Sheet Metal Workers Local 33 in northern Ohio.

"Oakes appeared before [a city board] in furtherance of the
Union's legitimate interest in 'leveling the playing field'
between union and nonunion contractors by ensuring that
[Tradesmen], a nonunion contractor, did not have an unfair
competitive advantage by virtue of its noncompliance with
the surety bond ordinance," the majority writes. Dissenting,
Member Hurtgen asserts that Oakes's activity in testifying
before the city board was not protected because the bond
ordinance "was wholly unrelated to employees' terms and
conditions of employment" and "[t]he bond had no connection
to any labor dispute involving [Tradesmen]." . . . Page A-1,
Text E-22

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f3w0_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_


UFCW, THREE FOOD CHAINS BARGAIN PACTS FOR 16,000 WORKERS IN
ARIZONA

Members of the United Food and Commercial Workers union
approve new contracts covering more than 16,000 supermarket
employees at stores operated by Fry's, Safeway Inc., and
ABCO Markets in Arizona.

The three companies bargained separately but simultaneously
with UFCW Local 99, and all three contracts are essentially
the same with minor language differences, according to Local
President William McDonough. The contracts provide wage
increases of $1.20 per hour over term for top-scale
employees. The new food clerk scale goes to $14.17 per hour,
while the top rate for general merchandise clerks is $11.25
per hour. . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j8c5_


TIME WARNER, DOL SETTLE CHARGES FIRM MISCLASSIFIED WORKERS

Time Warner Inc. and the Labor Department announce that they
have settled for $5.5 million charges that the company
misclassified hundreds of employees as independent
contractors or temporary workers, denying them benefits
coverage in violation of the Employee Retirement Income
Security Act. DOL filed suit against the company in October
1998 alleging that, since at least 1990, the publishing
giant regularly misclassified workers and failed to examine
whether they met internal and common-law criteria for
benefits eligibility.

The settlement approved by the U.S. District Court for the
Southern District of New York provides that certain
temporary workers and independent contractors who provided
contingent worker services for Time Inc. from 1992 to 1997
and who execute the appropriate documentation provided for
under the terms of the settlement will receive proceeds from
the agreement, the company says, adding that it is not
admitting any liability or wrongdoing. According to the
Labor Department, the settlement may benefit hundreds of
employees of Time Inc. . . . Page A-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k2d7_


DELAY IN TRANSFER SOUGHT BY EMPLOYEE NOT ADVERSE ACTION

Boeing Co.'s delay in transferring an engineer to a job away
from his supervisor, whom he had accused of harassing him,
does not amount to an adverse employment action, the Tenth
Circuit rules, affirming summary judgment for the company
("Amro v. Boeing Co., "10th Cir., No. 99-3281, 11/14/00).

"He cites no case ... which holds that the mere delay in
obtaining a desired transfer, in the absence of some other
negative or unfavorable effect from the delay, constitutes
an adverse action," Judge Anderson writes for the court. The
only consequence of the transfer delay, the court finds, was
that Amro was forced to face "unpleasant and vulgar
encounters" with his supervisor. The supervisor's conduct,
however, was not "itself sufficiently negative and pervasive
to create an adverse employment action." . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r3v9v2_


ARBITRATOR'S AWARD VACATED WHERE UMW DENIED CHANCE TO MAKE
CASE

An arbitrator exceeded his authority under a collective
bargaining agreement when he failed to allow the United Mine
Workers to present evidence that Marrowbone Development Co.
violated the agreement by assigning union work to nonunion
employees, the Fourth Circuit rules, upholding a district
court's decision to vacate the award ("International Union,
United Mine Workers of America v. Marrowbone Dev. Co., "4th
Cir., No. 00-1262, 11/14/00).

"Here, the arbitrator told the Union to meet with
Marrowbone, gather information, negotiate further, and, if
the dispute was still not resolved, present evidence and
argument at a March 26 arbitration hearing," writes Judge
Motz. "Yet the arbitrator issued his award without ever
holding that hearing or affording the Union the opportunity
to present the evidence it had been prepared to offer at the
abbreviated February hearing." "Therefore, despite our usual
deference, we cannot sanction the decision of an arbitrator
who failed to provide a signatory to the arbitration
agreement a full and fair hearing," Motz says. . . . Page
A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5d1k5_


________________

ALSO IN THE NEWS
________________

INTERNATIONAL LABOR: The International Labor Organization's
governing body votes to allow ILO members to impose
sanctions against Myanmar (Burma) for its failure to stamp
out the use of forced labor in the country. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4v9u1_

EDUCATION: National Labor Relations Board Region 2 certifies
the United Auto Workers as the exclusive bargaining
representative for more than 1,400 graduate teaching and
research assistants at New York University following a count
of challenged ballots, which produced a vote tally of
619-551 in favor of union representation.  . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4r5m6_

HOUSING: Housing starts were "virtually unchanged" between
September and October as construction of new privately owned
homes increased by only 0.1 percent to 1.532 million, the
Commerce Department re- ports. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a1q0_


____

TEXT
____

DAVIS-BACON ACT: Labor Department's final Davis-Bacon helper
regulations. . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a8w5_

UNFAIR LABOR PRACTICES: NLRB decision in "Tradesmen
International Inc.". . . Page E-22

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_

NLRB: NLRB's weekly summary, dated Nov. 17, 2000.. . . Page
E-30

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5h5w1_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

DAVIS-BACON ACT
   Labor Department releases final rule to amend Davis-Bacon
   Act regulations on contractors use of "helpers" on
   federal and federally assisted construction projects . .
   . Page AA-1, dle1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j9a7_


____

NEWS
____

AIRLINES
   United Airlines, IAM head to court as contract
   negotiations covering 15,000 mechanics reach impasse . .
   . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k0n4_

ARBITRATION
   Fourth Circuit vacates award of arbitrator who exceeded
   authority under collective bargaining agreement by
   failing to provide union "full and fair hearing" . . .
   Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5d1k5_

COMMUNICATIONS WORKERS
   Lucent Technologies to eliminate 240 jobs in finance and
   human resources divisions by end of November, expects
   more cuts . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5h6w5_

COMPENSATION
   Emerging Issues Task Force of Financial Accounting
   Standards Board ratifies guidance on reporting issues
   pertaining to stock compensation . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4t1z4_

EDUCATION
   NLRB certifies UAW as exclusive bargaining representative
   for more than 1,400 graduate teaching and research
   assistants at New York University . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4r5m6_

EEOC
   Federal district court in New York rules successor
   company's ignorance of consent decree, plus lack of
   substantial continuity in workforce, shields it from
   successor liability . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7p0_

EMPLOYMENT
   Manpower Inc. survey finds strong demand for workers
   across several industries will continue throughout first
   quarter of 2001 . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5g9w9_

ERISA
   Time Warner Inc. and Labor Department announce $5.5
   million settlement in case charging company misclassified
   hundreds of employees as independent contractors or
   temporary workers . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k2d7_

FAMILY LEAVE
   Harvard School of Public Health study finds most
   employees lack enough sick leave or vacation leave to
   cover care-giving activities for family members . . .
   Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j2p4_

INTERNATIONAL LABOR
   ILO treaty to eliminate worst forms of child labor
   becomes international law . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5c7f0_

   ILO's governing body gives members green light to impose
   sanctions against Myanmar (Burma) for failure to stamp
   out use of forced labor . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4v9u1_

   United States and Vietnam to establish program of
   cooperation and dialogue on labor matters, with United
   States providing technical assistance . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5g8d1_

NAFTA
   Canadian anti-free trade lobby group and Canadian Union
   of Postal Workers apply for standing in investor-state
   claim filed against Canadian government by United Parcel
   Service . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4z3c6_

NATIONAL ORIGIN
   Tenth Circuit rules Boeing Co.'s delay in transferring
   engineer is not adverse employment action, affirming
   grant of summary judgment . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r3v9v2_

PENSIONS
   Sixth Circuit rules federal bankruptcy court did not err
   in using "prudent investor rate" to calculate PBGC claim
   in bankruptcy proceeding involving unfunded liabilities
   of terminated defined benefit pension plans . . . Page
   A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5b1r8_

RETAIL FOOD STORES
   UFCW members ratify new collective bargaining agreements
   covering 16,000 to 17,000 supermarket employees at Fry's,
   Safeway, and ABCO Markets in Arizona . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j8c5_

STEEL
   U.S. steel producer Wheeling-Pittsburgh Steel Corp. files
   voluntary bankruptcy under Chapter 11, blaming steel
   dumping as "root cause" of financial difficulties . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5e4r0_

UNFAIR LABOR PRACTICES
   NLRB rules supplier of skilled construction workers
   committed unfair labor practice by refusing to hire union
   organizer who challenged construction company's
   compliance with city bonding ordinance . . . Page A-1,
   E-22
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f3w0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_


_____________

ECONOMIC NEWS
_____________

HOUSING
   Commerce Department reports housing starts "virtually
   unchanged" between September and October as construction
   of new privately owned homes increased only 0.1 percent .
   . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a1q0_

EARNINGS
   Labor Department's Bureau of Labor Statistics announces
   average annual pay of U.S. workers climbed 4.3 percent to
   $33,313 in 1999 . . . Page D-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j5n4_


____

TEXT
____

DAVIS-BACON ACT
   Labor Department's final Davis-Bacon Act regulations . .
   . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a8w5_

UNFAIR LABOR PRACTICES
   NLRB decision in Tradesmen International Inc. . . . Page
   E-22
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_

NLRB
   NLRB's weekly summary of cases, dated Nov. 17, 2000 . . .
   Page E-30
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5h5w1_


______________

TABLE OF CASES
______________

Amro v. Boeing Co. (10th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r3v9v2_

EEOC v. Barney Skanska Constr. Co. (S.D.N.Y.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7p0_

Herman v. Time Warner Inc. (S.D.N.Y.) . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k2d7_

Int'l Union, United Mine Workers of America v. Marrowbone
Dev. Co. (4th Cir.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5d1k5_

Pension Benefit Guaranty Corp. v. Belfance (In re CSC
Indust. Inc.) (6th Cir.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5b1r8_

Tradesmen Int'l Inc. (N.L.R.B.) . . . Page A-1,  E-22
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f3w0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_

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