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Subject:	Oct. 3 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
October 3, 2001
______________________________

ISSN 1522-5968

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HIGHLIGHTS
__________


SCALIA VOWS VIGOROUS ENFORCEMENT AS LABOR SOLICITOR

The Bush administration's nominee for the top legal position
at the Labor Department vows that he would "vigorously"
enforce worker protection laws if confirmed, but Democrats
question whether his past views on a host of controversial
labor issues should disqualify him from the position. Eugene
Scalia defends his record on a number of DOL
regulations--including his criticism of the federal effort
to regulate ergonomics in the workplace--but also pledges
that he would abstain from policy areas that would be left
to the labor secretary and the heads of various DOL agencies
if he is confirmed. Scalia, selected in April as President
Bush's choice for labor solicitor, made his comments during
an appearance before the Senate Health, Education, Labor,
and Pensions Committee.

While Republicans attending the confirmation hearing praise
Scalia as uniquely qualified for the post, Democrats, led by
Sen. Kennedy (D-Mass.), express strong reservations about
the nominee. Scalia has come under fire chiefly for his
opposition to the Occupational Safety and Health
Administration's efforts to regulate ergonomics, but also
for his positions on wage and hour regulations and
enforcement of equal employment opportunity statutes. The
committee is set tentatively to vote Oct. 10 on the
nomination. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5u8m9_


TRUESDALE STEPS DOWN AS NLRB MEMBER, LEAVING BARE QUORUM

John C. Truesdale, who served in a variety of high-level
capacities during his 45-year career with the National Labor
Relations Board, steps down as a board member, following
through on his resignation submitted last May to President
Bush. The board now has a bare quorum of three members.
Truesdale's most recent stint on the board began in December
1998, when former President Clinton named him to a recess
appointment as chairman. The Senate confirmed Truesdale's
nomination in November 1999. Bush switched the chairmanship
to Peter J. Hurtgen (R) this past May, but Truesdale
continued as a member.

While Truesdale's (D) term does not officially expire until
August 2003, he made a pledge in November 1999 to step down
early and allow the new president to select a replacement.
In a May 24 letter to Bush, Truesdale said his resignation
would be effective when a successor was confirmed or the
president made a recess appointment or by Oct. 1 at the
latest. Bush has not taken action to replace Truesdale or to
fill a Republican seat that has been vacant since late
August 2000. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a8b7_


TWO-PRONGED APPROACH TO WORKER AID INCLUDES MINIMUM WAGE, UI
GAINS

Senate Democrats are crafting a two-pronged approach toward
passing a displaced worker assistance package that would
include an expansion of unemployment insurance benefits,
federal reimbursements for health insurance, and an increase
in the minimum wage.

The first set of provisions would be included with an
airport security bill that is expected to come to the Senate
floor Oct. 3 or Oct. 4, Senate Majority Leader Daschle
(D-S.D.) says. The proposal would take the form of a
"narrowly drawn unemployment package," he says, for workers
directly affected by the terrorist attacks.

The second set of provisions would be included in a broad
economic stimulus package currently being discussed with
congressional leaders and the administration. It could
include provisions that would expand the pool of eligible
recipients for new unemployment benefits and increase the
federal minimum wage in "addressing the needs of those who
are unemployed as a result of the slowdown in the economy,"
Daschle says. . . . Page A-13

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b7u4_


COURT REJECTS WASTEWATER WORKERS' CHALLENGE TO DRUG-TESTING
PROGRAM

A federal district court in Minnesota throws out a lawsuit
brought by Minneapolis wastewater workers who said the
city's random drug-testing program violated their
constitutional rights against unreasonable searches and
seizures ("Geffre v. Metropolitan Council,  "D. Minn.,  No.
99-CV-715 (JMR/FLN), 9/26/01).

Metropolitan Council, the public agency responsible for
processing wastewater in the Minneapolis-St. Paul
metropolitan area, bargained with the plaintiffs'
union--Local 35 of the International Union of Operating
Engineers--for the policy, and union members consented to
the program by ratifying the collective bargaining
agreement, Judge Rosenbaum of the U.S. District Court for
the District of Minnesota holds. In addition, the policy was
reasonable because the workers held safety-sensitive jobs
and had a diminished expectation of privacy, the court
states. . . . Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a9m6_


ILO CONVENTION ON CHILD LABOR RATIFIED BY 100 COUNTRIES

The International Labor Organization says the world's
governments have moved "at a record pace" in ratifying a new
global agreement aimed at stamping out the worst forms of
child labor. With ratification by the Baltic state of
Estonia, the number of ILO countries that have ratified the
convention has reached 100, ILO says.

Adopted in June 1999, the convention calls on governments to
ensure that immediate steps are taken to suppress the worst
forms of child labor. The convention applies to children
under the age of 18, and signatories must adopt action
programs and report regularly to the ILO on efforts to
comply with its provisions. It was ratified and put in force
by the United States in November 2000.

Frans Roselaers, director of the ILO's International Program
on the Elimination of Child Labor, says the child labor
convention has achieved the fastest ratification pace of any
convention in the ILO's 82-year history.  . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5w7g6_


________________

ALSO IN THE NEWS
________________

INTERNATIONAL LABOR: In what could set a precedent for labor
rights in Mexico's maquiladora industry, an independent
union at a troubled apparel factory that has supplied Nike
and Reebok has been certified by a Mexican labor board and
has signed a collective contract with management. . . . Page
A-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b3z3_

DISCRIMINATION:Air freight forwarder Eagle Global Logistics
agrees to pay $9 million under a consent decree reached with
the Equal Employment Opportunity Commission to settle claims
of discrimination against minorities and women. . . . Page
A-13

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b6x9_

EMPLOYMENT: An estimated 500,000 jobs in lower Manhattan
with total annual wages of $47 billion were affected by the
Sept. 11 attack on the World Trade Center, according to a
report from New York Assembly Speaker Silver (D). . . . Page
A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5t6n8_

CONSTRUCTION: Some 5,000 boilermakers in 12 western states
are earning $2.50 more per hour in wage and employee benefit
plan contributions under a new contract between the
International Brotherhood of Boilermakers and employers. . .
. Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5e3a6_

FEDERAL EMPLOYEES: The House passes legislation (H.R. 169)
that would require federal agencies to pay out of their own
budgets any judgments against them in whistleblower and
discrimination cases. . . . Page A-14

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6c6q7_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

LABOR DEPARTMENT
   Eugene Scalia, Bush administration's nominee for top
   legal position at Labor Department, vows before Senate
   labor committee that he will "vigorously" enforce worker
   protection laws if confirmed . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5u8m9_


____

NEWS
____

AGE DISCRIMINATION
   CORRECTION: Case citation on story reporting First
   Circuit's ruling in age discrimination suit against Frito
   Lay should have read as follows:"Rivera-Rodriquez v.
   Frito Lay Snacks Caribbean,"1st Cir.,No. 01-1023,9/10/01.
   . . . Page A-16
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5v8d5_

AUTOS
   Auto Workers Local 686 approves agreement with Delphi
   Automotive Systems designed to improve financial
   viability of company's Lockport, N.Y. plant . . . Page
   A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5w2u5_

CONSTRUCTION
   Approximately 5,000 boilermakers in 12 western states
   begin earning $2.50 more per hour in wage and employee
   benefit plan contributions under new agreement between
   Boilermakers and employers . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5e3a6_

DISCRIMINATION
   Air freight forwarder Eagle Global Logistics agrees to
   pay $9 million to settle claims of discrimination against
   minorities and women under consent decree with EEOC . . .
   Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b6x9_

DRUG TESTING
   Federal district court in Minnesota rejects lawsuit
   brought by Minneapolis wastewater workers claiming city's
   random drug-testing program violated their constitutional
   rights against unreasonable searches and seizures . . .
   Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a9m6_

ECONOMIC ACTIVITY
   Short-term interest rates are cut for ninth time this
   year and Federal Reserve's Open Market Committee says it
   is ready to lower rates even further if current level of
   economic weakness persists . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6c3k0_

ECONOMIC OUTLOOK
   Small business owners have reduced hiring and investment
   plans substantially, according to National Federation of
   Independent Business survey . . . Page A-15
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6c9k2_

EMPLOYMENT
   Estimated 500,000 jobs in lower Manhattan with total
   annual wages of $47 billion were affected by Sept. 11
   attack on World Trade Center, according to report from
   New York Assembly Speaker Silver (D) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5t6n8_

   Job loss to New York City economy within first month
   following terrorist attack could exceed 100,000,
   union-funded study says . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a6c4_

   Senate Democrats are crafting displaced worker assistance
   package that includes expansion of unemployment insurance
   benefits, federal reimbursements for health insurance,
   and increase in minimum wage . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b7u4_

ERISA
   Federal district court in Nebraska issues temporary
   restraining order requiring health plan administrator to
   provide benefits to participant until underlying lawsuit
   is resolved . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5r9z7_

FEDERAL EMPLOYEES
   House overwhelmingly passes legislation to require
   federal agencies to pay out of their own budgets
   judgments against them in whistleblower and
   discrimination cases . . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6c6q7_

HEALTH CARE EMPLOYEES
   HHS is awarding more than $27.4 million in contracts and
   grants to increase number of qualified nurses and quality
   of U.S. nursing services . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u4p9f7_

HIRING
   Texas Christian University professor says that as
   employers announce layoffs, forward-thinking companies
   may have choice of available workers and should look
   forward to profitable future . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5y8d6_

HOSPITALITY
   Members of Culinary Workers Local 226 of HERE in Las
   Vegas approve union plan to have members temporarily work
   four-day weeks, instead of five, in exchange for recall
   of some laid-off members . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5y0d3_

INTERNATIONAL LABOR
   In what could set precedent for labor rights in Mexico's
   maquiladora industry, independent union at troubled
   apparel factory that has supplied athletic wear for Nike
   and Reebok is certified by Mexican labor board and signs
   collective bargaining agreement with management . . .
   Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b3z3_

   International Labor Organization says world's governments
   have moved "at a record pace" in ratifying new global
   agreement aimed at stamping out worst forms of child
   labor . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5w7g6_

MINIMUM WAGE
   National Low Income Housing Coalition says gap has grown
   in past year between price of rental housing and
   minimum-wage workers' ability to pay for it . . . Page
   A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a2k7_

NLRB
   NLRB Member Truesdale steps down, as announced in May,
   after serving in variety of high-level capacities during
   his 45-year board career . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a8b7_

RACE DISCRIMINATION
   Federal district court in Alabama approves partial
   settlement of 16-year-old discrimination case involving
   black and white employees of Alabama Department of
   Transportation . . . Page A-15
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u4f6m7_

   Fifth Circuit rejects individual claims of race bias by
   36 employees of Citgo Petroleum in Louisiana, saying
   employees failed to demonstrate hostile work environment
   or failure to promote during two-year span . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u2v1z1_

SERVICES
   Garbage truck drivers, mechanics, and helpers represented
   by Teamsters Local 396 strike major private refuse
   companies in Orange County, Calif. . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b2t5_

STATE EMPLOYEES
   New Jersey acting Gov. DiFrancesco (R) signs executive
   order providing enhanced salary and benefit protections
   for New Jersey state employees called to federal or state
   active military duty . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5z0z0_

   Strike by AFSCME and Minnesota Association of
   Professional Employees continues, with no new
   negotiations yet scheduled between state and two unions .
   . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u4y6v3_

TRADE
   Trade promotion authority proposal being developed by
   Rep. Levin (D-Mich.) is expected to address "meaningful"
   enforcement for labor and environmental standards . . .
   Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a0v2_

WELFARE
   Former welfare recipients are unable to find jobs, and so
   remain poor and will not weather recession well, study
   says . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a9c8_

WORKFORCE REDUCTIONS
   Wyndham International Inc. hotel chain will lay off about
   1,600 workers, or 5 percent of its workforce . . . Page
   A-15
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a5n3_


______________

TABLE OF CASES
______________

Celestine v. Petroleos de Venezuella SA (5th Cir.) . . .
Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u2v1z1_

Dube v. Eagle Global Logistics (S.D. Texas) . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6b6x9_

Geffre v. Metropolitan Council (D. Minn.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u6a9m6_

Racine v. Infinia Health Care Inc. (D. Neb.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u5r9z7_

Reynolds v. Alabama Dep't. of Transp. (M.D. Ala.) . . . Page
A-15
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4u4f6m7_

   __________
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