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

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

ISSN 1522-5968

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HIGHLIGHTS
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STUDY FINDS WIDE DIFFERENCES  AMONG EEOC OFFICES HANDLING
ADA CHARGES

There is an "enormous variation" in the way that the Equal
Employment Opportunity Commission's 50 field offices handle
discrimination charges under the Americans with Disabilities
Act, according to a study scheduled for fall publication in
the "Kansas Law Review".

Reviewing nearly 150,000 ADA charge resolutions between 1992
and 2000, the study finds that differences among the offices
existed in every outcome measured--including overall benefit
rates and cause determinations. "It is possible that these
differences in outcomes by office reflect significant
differences in the merits of the cases brought to the
office, but it is highly unlikely that merit alone accounts
for these differences," concludes Kathryn Moss, a social
scientist at the University of North Carolina and Scott
Burris, a law professor at Temple University, and others.

An EEOC spokesman acknowledges a variation in performance,
but says the study fails to consider factors such as
controlling court rulings, the involvement of the local bar,
and the nature of the charges themselves. "If we see
something in one of the offices that is way off, it raises a
red flag on how we evaluate and review," he says. "We'd like
to do more monitoring, if we had more resources."  . . .
Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x5w8_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x5w8_


JOB LOSSES SLOW TO 42,000 AS FACTORY CUTS EASE

Holding out the possibility that the tide of manufacturing
losses is ebbing, the July employment report shows a much
smaller drop in nonfarm payrolls--42,000--than in June,
according to the Bureau of Labor Statistics. The jobless
rate held steady at 4.5 percent.

The latest jobs report buttressed the widely held
expectation that the second quarter will turn out to be the
weakest of the economic downturn. Pointing out that
employment is a lagging indicator, Bank One chief economist
Diane Swonk says she had expected to see "some improvement
in July, and we did in manufacturing" where the decline of
49,000 was the smallest since last December. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p0a2h8_


NLRB ISSUES REVISED CORPORATEWIDE ORDER AGAINST BEVERLY

The National Labor Relations Board, on remand by a federal
appeals court, issues a revised corporatewide
cease-and-desist order against Beverly California Corp. to
remedy numerous unfair labor practices committed at its
nursing homes ("Beverly Cal. Corp. f/k/a Beverly
Enterprises, "334 N.L.R.B. No. 79, 7/23/01).

In August 1998, the board issued the nationwide order
against Beverly to remedy the board's finding of a
widespread pattern of unfair labor practices stretching back
before 1988 and involving 240 violations at 54 facilities in
18 states.

The Seventh Circuit in September 2000 upheld most of the
board's findings and upheld its determination that a
corporatewide remedial order was appropriate. But the
appeals court returned the case to the board for preparation
of a revised order to clarify which specific directives
apply nationwide and which apply only to specific
facilities. The U.S. Supreme Court recently denied Beverly's
request for review of the appeals court ruling. . . . Page
A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z4p8_


COURT FINDS NO FMLA VIOLATION IN FIRING DIRECTOR RETURNING
FROM LEAVE

A Wisconsin nursing home did not violate the Family and
Medical Leave Act by refusing to reinstate its activities
director after she took maternity leave,  the Seventh
Circuit rules, finding the employer would have fired her
regardless of her taking leave ("Kohls v. Beverly Enter.
Wis. Inc.,  "7th Cir.,  No. 00-2064,  8/1/01).

Even though Beverly Enterprises Wisconsin, doing business as
Maple Manor Healthcare, made the decision to fire Amy Kohls
after she took the leave, Kohls was unable to rebut the
employer's evidence that she was fired for mishandling funds
and poor performance. In addition, the fact that the
employer liked the work of Kohls's temporary replacement
better than Kohls's did not demonstrate that the nursing
home violated the law, Judge Kanne finds, affirming summary
judgment for Beverly.  . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z2x5_


SENATE CONFIRMS HENSHAW TO HEAD OSHA, DEROCCO FOR ETA

The Senate, by unanimous consent, confirms John Henshaw as
assistant secretary of labor for occupational safety and
health and Emily Stover DeRocco as assistant secretary of
labor for employment and training.

Henshaw, a former corporate safety and health official with
Astaris LLC and the Monsanto Co., has called for a balanced
approach at OSHA that will provide enforcement where needed,
but also a significant focus on compliance assistance and
education.

DeRocco was formerly executive director of the National
Association of State Workforce Agencies, a trade association
representing administrators of state unemployment insurance,
employment and training services, and labor market
information programs. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9y7b2_


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ALSO IN THE NEWS
________________

ECONOMIC OUTLOOK: Business activity in the service economy
contracted in July, reversing the positive trend in June,
according to the latest survey by the National Association
of Purchasing Management. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9v8m3_

IMMIGRATION: Immigration and Naturalization Service says it
approved 138,000 petitions for H-1B visas for highly skilled
foreign workers from Oct. 1, 2000, to July 25, 2001. INS
estimates, however, that it will approve another 39,000
petitions before Sept. 30. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9v7h2_

HEALTH CARE EMPLOYEES: The starting rate for newly graduated
registered nurses at Community General Hospital in Syracuse,
N.Y., will rise to $22.10 per hour by 2005, under a recently
ratified first contract. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9w9n0_

MANUFACTURING: The United Steelworkers says the union and
Titan Tire will reconvene negotiations Aug. 8 in an effort
to resolve a 39-month strike in Iowa. Titan says the parties
have a tentative pact, but that outstanding issues remain. .
. . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x5r5_


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TEXT
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EMPLOYMENT: Statement by Bureau of Labor Statistics
Commissioner Abraham on the July employment report. . . .
Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9k9y6_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

EEOC
   There is an "enormous variation" in the way the Equal
   Employment Opportunity Commission's 50 field offices
   handle discrimination charges under the Americans with
   Disabilities Act, according to a study scheduled for fall
   publication in the "Kansas Law Review". . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x5w8_


____

NEWS
____

DRUG & ALCOHOL TESTING
   Department of Transportation will publish in the "Federal
   Register" a series of revised regulations reflecting
   changes in the agency's drug and alcohol testing programs
   that took effect Aug. 1 . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x6k4_

ECONOMIC OUTLOOK
   Business activity in the service economy contracted in
   July, according to the latest survey by the National
   Association of Purchasing Management . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9v8m3_

ERISA
   Ninth Circuit finds that a pension plan administrator
   acted properly when it applied the definition of
   "employee" used by the Internal Revenue Service in
   connection with its W-2 tax withholding form . . . Page
   A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9t3w1_

FMLA
   A Wisconsin nursing home did not violate the Family and
   Medical Leave Act when it refused to reinstate its
   activities director after she took maternity leave, the
   Seventh Circuit rules, finding the employer would have
   fired her regardless of the leave . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z2x5_

HEALTH CARE
   House votes 226-203 to approve legislation (H.R. 2563)
   granting a broad range of new rights to patients,
   including new language providing for a limited expansion
   of patients' right to sue their health plans based on an
   accord between the Bush administration and Rep. Norwood
   (R-Ga.). . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z6r9_

HEALTH CARE EMPLOYEES
   First-time contract covering some 950 employees at
   Community General Hospital in Syracuse, N.Y., will boost
   the starting rate for newly graduated registered nurses
   to $22.10 per hour by 2005 . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9w9n0_

IMMIGRATION
   Approximately 138,000 petitions for H-1B highly skilled
   foreign workers were approved from Oct. 1, 2000, to July
   25, 2001, the Immigration and Naturalization Service says
   . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9v7h2_

LABOR DEPARTMENT
   Senate confirms John Henshaw as assistant secretary of
   labor for occupational safety and health and Emily Stover
   DeRocco as assistant secretary of labor for employment
   and training. . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9y7b2_

MANUFACTURING
   United Steelworkers says the union and Titan Tire Corp.
   will reconvene negotiations in an effort to resolve a
   39-month strike in Des Moines, Iowa . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x5r5_

MINING
   Labor secretary petitions the District of Columbia
   Circuit to set aside a ruling of the Mine Safety and
   Health Review Commission dealing with respirable coal
   dust sampling methods . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x9a9_

SEXUAL HARASSMENT
   Breach of contract claims involving internal university
   decisions should be given the same review as all private
   contracts, the Pennsylvania Supreme Court rules in a
   lawsuit brought by a law professor terminated for sexual
   harassment . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9u8r9_

UNFAIR LABOR PRACTICES
   On remand from a federal appeals court, the National
   Labor Relations Board issues a revised corporatewide
   cease-and-desist order against Beverly California Corp.
   to remedy numerous unfair labor practices . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z4p8_

WAGE & HOUR
   Walt Disney Co., Department of Labor are looking into
   allegations that a supplier of tiaras, wands, and other
   Disney costume accessories may have violated wage and
   hour laws in its use of home workers to manufacture the
   items . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z5e6_


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ECONOMIC NEWS
_____________

EMPLOYMENT
   July employment report shows a much smaller drop in
   nonfarm payrolls--42,000--than in June; the unemployment
   rate held steady at 4.5 percent. . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p0a2h8_


____

TEXT
____

EMPLOYMENT
   Statement by Bureau of Labor Statistics Commissioner
   Abraham on the July employment report  . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9k9y6_


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TABLE OF CASES
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Beverly Cal. Corp. f/k/a Beverly Enterprises (N.L.R.B. ) . .
. Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z4p8_

Kohls v. Beverly Enter. Wis. Inc. (7th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9z2x5_

Murphy v. Duquesne Univ. (Pa.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9u8r9_

Secretary of Labor v. Excel Mining LLC (D.C. Cir.) . . .
Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4n9x9a9_

   __________
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