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	"BNA Highlights" <bhighlig@bna.com>
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		 Subject: Nov. 22 -- BNA, Inc. Daily Labor Report


______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 22, 2000
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


JUDGE APPROVES $9 MILLION SETTLEMENT OF HARASSMENT SUIT
AGAINST FORD

A year after Judge Bucklo criticized a conciliation
agreement between the Equal Employment Opportunity
Commission and Ford Motor Co. for lacking "bite," the judge
approves a $9 million revised agreement settling class
allegations of sexual harassment at two of the company's
Chicago plants ("Warnell v. Ford Motor Co., " N.D. Ill., No.
98 C 1503, 11/17/00). Bucklo of the U.S. District Court for
the Northern District of Illinois approves a settlement
agreement between Dearborn, Mich.-based Ford and hundreds of
current and former female employees of the company's Chicago
Heights Stamping Plant and its Chicago Assembly Plant.

The settlement agreement resolving claims under Title VII of
the 1964 Civil Rights Act modifies a $7.5 million
conciliation agreement affecting the same two plants that
was reached between the EEOC and Ford in September 1999. The
settlement enhances monetary terms for the plaintiffs and
places the settlement process under judicial supervision.
"What this does is take the conciliation agreement ... [and]
incorporates that into something larger and gives it some
teeth," according to plaintiffs' attorney Darnley Stewart.
Bucklo criticized the lack of any legal enforceability in
the earlier agreement one month after it was heralded by the
Equal Employment Opportunity Commission as an innovation. .
. . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6j1p5_


NLRB RULES 2-1 ALBERTSON'S ILLEGALLY BARRED TWO UNIONS'
SOLICITATION

Albertson's Inc. committed unfair labor practices in
violation of the National Labor Relations Act by barring two
unions' members from distributing handbills outside 11
grocery stores in Oregon and Washington, the National Labor
Relations Board rules in a 2-1 decision ("Albertson's Inc.,
"332 N.L.R.B. No. 104, 10/31/00 [released 11/8/00]).
Chairman Truesdale and Member Liebman decide the grocery
store chain violated Section 8(a)(1) by forbidding United
Food and Commercial Workers Local 555 from soliciting
employees to join the union and stopping International
Brotherhood of Teamsters Local 582 from soliciting
Albertson's customers to boycott products from a dairy
company involved in a labor dispute.

Finding Albertson's regularly granted access to the
Salvation Army, a number of youth and school organizations,
and veterans groups to solicit donations and sales, the
majority decides this activity exceeded "the small number of
isolated beneficent acts that the Board regards as a narrow
exception to an otherwise valid, nondiscriminatory
no-solicitation policy." Dissenting, Member Hurtgen
maintains Albertson's did not discriminate against union
activity because it drew "a line between (1) solicitations
by charitable groups which are well known to the community
and (2) solicitations by political groups, commercial groups
which seek to sell goods or services, and charitable groups
which are unknown to the community." . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e1r7_


TYSON'S FAILURE TO FORM NONCOMPETE DOOMS TRADE SECRETS
LAWSUIT

Tyson Foods Inc.'s failure to protect its alleged trade
secrets with a noncompetition agreement between it and three
former executives doomed its lawsuit against the competing
poultry producer to which the executives defected, the
Supreme Court of Arkansas rules ("ConAgra Inc. v. Tyson
Foods Inc.,  "Ark.,  No. 00-446,  11/16/00).

The trial court erred in determining that it was inevitable
that the executives would disclose Tyson's trade secrets to
their new employer, ConAgra Inc., Judge Brown finds. Tyson,
Brown says, failed to established that it had any secrets to
protect because it had in place no protection against
postemployment revelation of confidential information. The
high court reverses the lower court's injunctions barring
ConAgra from misappropriating any of Tyson's trade secrets,
Jerry Dowd and John Curren from engaging in sales and
marketing of poultry for one year, and Mike Hamblin from
continuing a marketing relationship with certain clients.
. . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7d9a0_


DELAYED RETIREMENT NOT NECESSARY IF WORKERS SAVE MORE

If workers' incomes continue to grow at a rate of a 1
percent to 2 percent over the next several decades, the
workers can use those increases to finance longer, more
comfortable retirements, an economist tells a group of
researchers at a hearing sponsored by the Senate Special
Committee on Aging.

The population of older Americans continues to grow, causing
increases in the costs of pensions, Social Security, and
health benefits. However, worker productivity is likely to
keep pace with those costs, according to Gary Burtless, a
senior fellow at the Brookings Institution, a Washington
D.C.-based think tank. Because more women are in the
workforce, he says, the amount of time Americans between the
ages of 25 and 54 spend at work has risen in the last 30
years. The increased work hours can help pay for shorter
hours and longer retirements after age 55.  . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7b0u5_


COURT ENFORCES ARBITRATION AFTER SEVERING UNCONSCIONABLE
PROVISION

A plaintiff may be compelled to arbitrate her pregnancy
discrimination claim under a binding pre-dispute arbitration
agreement with her employer, even though a provision
requiring her to bear all costs of court and administrative
proceedings is unconscionable and must be severed from the
rest of the agreement, the California Court of Appeal rules
("Shubin v. William Lyon Homes Inc.", Cal. Ct. App.,  No.
A088858, 11/14/00).

Relying on a recent California Supreme Court decision, the
court holds that a provision in the arbitration agreement
was illegal that required employees to pay all costs and
fees for any court action brought by the employee, even if
she prevailed. Such a clause "chills the exercise of the
employee's right to legitimately pursue her claim before the
[Department of Fair Employment and Housing]," the appeals
court says. But that provision could be severed "without
adversely affecting the central purpose of the contract," it
says. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6e9u8_


NEWSPAPER GUILD MEMBERS STRIKE SEATTLE DAILIES

Some 1,000 news, business, advertising, and circulation
employees at the"Seattle Times" and "Seattle
Post-Intelligencer" strike the newspapers in a contract
dispute over wages and other working conditions. Members of
the Pacific Northwest Newspaper Guild reject a final
contract offer from the employers and also vote against
postponing the previously authorized strike, according to
the first edition of the union's online newspaper, the
"Seattle Union Record". Union members reject a final
contract offer from the papers that included hourly
increases that averaged 55 cents per year over a six-year
period, the union says. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e0v9_


________________

ALSO IN THE NEWS
________________

DISTRIBUTION: Employees at the Sears Roebuck & Co.
distribution center near Wilkes-Barre, Pa., vote 318-267 for
representation by the International Brotherhood of
Teamsters. . . . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6w0v2_

FOOD PROCESSING: Production workers at a ConAgra Foods Inc.
beef processing plant in Omaha, Neb., reject by a 238-150
vote representation by the United Food and Commercial
Workers. In a separate election, a small unit of maintenance
workers at the plant vote  20-13 to join UFCW Local 271. . .
. Page A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6u5c2_

EMPLOYMENT: Regional and state unemployment rates were
largely unchanged during October as 41 states and the
District of Columbia reported employment shifts of 0.3
percentage points or less, the Labor Department's Bureau of
Labor Statistics says. . . . Page D-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6v2k8_

CANADIAN ECONOMY:  The continued rise in energy prices
produced a slight increase in Canada's national inflation
rate to 2.8 percent in October, Statistics Canada reports. .
. . Page A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6v1e4_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

SEXUAL HARASSMENT
   Judge approves $9 million agreement settling class
   allegations of sexual harassment at two Ford Motor Co.
   plants in Chicago area . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6j1p5_


____

NEWS
____

AGE DISCRIMINATION
   Seventh Circuit rules Illinois horse breeder that laid
   off 71-year-old seasonal farm worker due to decreased
   business is not liable for age discrimination . . . Page
   A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r2j6q3_

AIRLINES
   Flight delays and cancellations due to mechanical
   problems increase at Northwest Airlines, one day after
   federal judge issued temporary restraining order against
   Aircraft Mechanics Fraternal Association . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e4x5_

ARBITRATION
   California Court of Appeal rules employee must arbitrate
   pregnancy discrimination claim after severing
   unconscionable cost provision from agreement with
   employer . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6e9u8_

AUTOS
   UAW, Ford Motor Co., and Visteon Corp. roll out program
   for child and other family care services at 30 new
   community centers around country . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e3y8_

CANADIAN ECONOMY
   Statistics Canada reports continued rise in energy prices
   produced slight increase in national inflation rate to
   2.8 percent in October . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6v1e4_

DISTRIBUTION
   IBT gains majority support from workers at Sears, Roebuck
   & Co. distribution center near Wilkes-Barre, Pa. . . .
   Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6w0v2_

ERISA
   Federal district court in New York rules ERISA does not
   preempt state law conversion claim against employees who
   allegedly diverted checks earmarked as 401(k) plan
   contributions . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7d6u3_

   Key House Republicans come out in opposition to Labor
   Department's final rule designed to speed handling of
   group health plans' claims and appeals . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7h5p6_

FARM WORKERS
   UFW ends 16-year boycott of California table grapes, will
   devote more resources to organizing efforts . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7c6b2_

FOOD PROCESSING
   Production workers at ConAgra Foods Inc. beef processing
   plant in Omaha, Neb., reject representation by UFCW in
   NLRB-supervised election . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6u5c2_

INTERNATIONAL LABOR
   Transition to 35-hour workweek, new rules on overtime,
   fuel friction between French government officials and
   private-sector leaders . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6v1c6_

NEWSPAPERS
   Some 1,000 news, business, advertising, and circulation
   employees at "Seattle Times" and "Seattle
   Post-Intelligencer" strike newspapers in contract dispute
   over wages and other working conditions . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e0v9_

PENSIONS
   PBGC to take over Duro-Test Corp. pension plans covering
   about 1,600 former employees of bankrupt lighting
   products manufacturer and wholesaler . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6w2c6_

POSTAL WORKERS
   U.S. Postal Service and two unions agree to continue
   negotiations on new labor contracts beyond Nov. 20
   expiration of prior agreements . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7c7n2_

RETIREE BENEFITS
   Economist says longer, more comfortable retirements can
   be funded by 1 percent to 2 percent growth in workers'
   incomes over next several decades . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7b0u5_

SAFETY & HEALTH
   California appeals court rules independent contractor's
   employee cannot bring negligent hiring claim against firm
   that hired his employer because hiring firm's duty to
   employ a "competent and careful" contractor does not
   extend to employees of contractor . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5c6e3_

TRADE SECRETS
   Arkansas Supreme Court rules confidential information
   Tyson Foods Inc. failed to protect with noncompetition
   agreements was not trade secret . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7d9a0_

UNFAIR LABOR PRACTICES
   NLRB rules Albertson's Inc. committed unfair labor
   practices by barring members of two unions from
   distributing handbills outside 11 grocery stores in
   Oregon and Washington . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e1r7_


_____________

ECONOMIC NEWS
_____________

EMPLOYMENT
   Labor Department's Bureau of Labor Statistics reports
   regional and state unemployment rates largely unchanged
   during October as 41 states and District of Columbia
   report shifts of 0.3 percentage point or less in jobless
   rates . . . Page D-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6v2k8_

TRADE
   Commerce Department says U.S. trade deficit in goods and
   services surged 15 percent to set new record of $34.3
   billion in September . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7f6j4_


_______

JOURNAL
_______

CONFERENCES & MEETINGS
   Calendar of meetings, courses, and seminars . . . Page
   dlz1

______________

TABLE OF CASES
______________

Aircraft Mech. Fraternal Ass'n v. Northwest Airlines, Inc.
(D.C. Minn.) . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e4x5_

Albertson's Inc. (N.L.R.B.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7e1r7_

ConAgra Inc. v. Tyson Foods Inc. (Ark.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7d9a0_

Costigan & Co., P.C. v. Costigan (S.D.N.Y.) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r7d6u3_

Minster v. Contadina Food Inc. (Cal. Ct. App.) . . . Page
A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5c6e3_

Ritter v. Hill 'N Dale Farm Inc. (7th Cir.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r2j6q3_

Shubin v. William Lyon Homes Inc. (Cal. Ct. App.) . . . Page
A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6e9u8_

Warnell v. Ford Motor Co. (N.D. Ill.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r6j1p5_

   __________
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