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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Thursday, August 09, 2001 11:13 PM
To:	BNA Highlights
Subject:	Aug. 10 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 10, 2001
______________________________

ISSN 1522-5968

Registered Web subscribers can access the full text of these
articles by using the URL link supplied.

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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
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__________

HIGHLIGHTS
__________


AIRLINE ILLEGALLY CONSIDERED FMLA LEAVE IN FIRING, NINTH
CIRCUIT SAYS

An airline that fired a passenger service representative
based in part on the 16 sick days she took during the early
months of 1996 violated the Family and Medical Leave Act by
impermissibly considering FMLA-protected leave in making the
termination decision,  the Ninth Circuit rules ("Bachelder
v. America West Airlines Inc.,  "9th Cir.,  No. 99-17458,
8/8/01).

Reversing summary judgment for America West Airlines and
ordering summary judgment to plaintiff Penny Bachelder, the
Ninth Circuit rules that the airline failed to inform its
staff of the method it used to calculate the 12-month period
in which employees are entitled to take 12 weeks of FMLA
leave. Where an employer fails to notify employees of its
method for calculating leave eligibility, the method that is
most beneficial to the plaintiff should be used, Judge
Berzon writes. Applying a "calendar method," the court
determines that the leave that Bachelder took in 1996 was
protected under the act. . . . Page AA-1,  Text E-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4r9h4_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4e2f0_


RNS' REFUSAL TO VOLUNTEER FOR OVERTIME REQUIRED NOTICE, NLRB
SAYS

The New York State Nurses Association violated the National
Labor Relations Act by failing to issue a 10-day strike
notice when it directed its members to refuse to volunteer
for overtime at Mount Sinai Hospital, the National Labor
Relations Board rules in a 2-1 decision ("New York State
Nurses Ass'n, "334 N.L.R.B. No. 103, 7/27/01 [released
8/1/01]).

Overturning a decision by an administrative law judge, the
majority finds that nurses who refused to volunteer for
overtime work at the union's request and those who refused
assigned overtime were engaged in a concerted refusal to
work. The majority makes it clear that it is not suggesting
that employees could not concertedly refuse to work
voluntary overtime. Rather, it says, such a refusal must be
preceded by the issuance of a 10-day notice if a union is
responsible for the action. . . . Page A-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m3f8_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a0v0_


FOUR CURRENT NLRB MEMBERS DISCUSS MAJOR RULINGS, JUDICIAL
CRITICISM

The four current members of the National Labor Relations
Board discuss their views on past and future issues before
the board, criticism by the appeals courts, and the board
during the Clinton era during a session at the American Bar
Association's annual meeting.

The board's decisions in "M.B. Sturgis Inc." and "Jeffboat
Division, American Commercial Marine Service Co., "
involving temporary workers give rise to complicated
bargaining situations, "but I think collective bargaining is
vibrant enough, if done in good faith, to achieve results,"
NLRB Chairman Hurtgen says. Part of the difficulty in
situations involving temporary workers is created by the
unions and employers themselves trying to decide whether
including or excluding temps is to their side's advantage,
he adds.

 Hurtgen says the board's unanimous ruling in "Lee Lumber
and Bldg. Material Corp." "reflects a good result of board
decisionmaking" in which the board tried to fashion "an
easy-to-use rule" in an area that involves "unstable,
difficult factual analysis." He speculates that future
boards may fashion similar rules in other situations where
good faith bargaining is ordered.

When asked about a spate of recent D.C. Circuit decisions
that have been rather critical of the board's
decisionmaking, Member Liebman observes that any board
member needs to develop either a thick skin or a sense of
humor. "I'm concerned by the disdain and contempt for board
decisionmaking" shown in certain appeals court rulings,
Liebman adds. . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3k9w0_


NMB DISMISSES AMFA PETITION FOR UNITED MECHANICS

The National Mediation Board dismisses a petition from the
Aircraft Mechanics Fraternal Association, an independent
union seeking to replace the International Association of
Machinists as the bargaining agent for more than 15,000
United Airlines mechanics and related employees.

AMFA's petition for a representation election was dismissed
"due to an insufficient showing of interest" among the UAL
employees to support the independent union, the NMB says.
Action on the AMFA petition opens the way for resumption of
contract talks between United and IAM District 141-M for the
mechanics group. . . . Page A-9,  Text E-19

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4t6t1_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m6q3_


POWELL UPDATES U.S.-MEXICAN GROUP'S IMMIGRATION DISCUSSIONS

Secretary of State Powell says that the U.S.-Mexican working
group studying immigration issues has begun exploring "some
specifics with respect to a temporary guestworker program,"
but that it is "in no hurry" to issue recommendations on the
matter. Speaking to reporters after a meeting with Mexican
officials at the State Department, Powell stresses that
establishment of a new temporary worker program has to be
"done in a careful way, a way that will be seen as fair and
equitable by ... the people of both nations."

The group is looking to fashion a system that "is grounded
in reality and the needs of our economy, one that doesn't
hurt U.S. workers," he says. The program "will rest on a
carefully worked-out partnership between the sending and
receiving countries, one that recognizes also the
contributions that undocumented Mexicans are making in the
United States and that brings together willing" workers and
employers.

 A new guestworker program is one of a number of immigration
reforms U.S. and Mexican officials have been discussing
since President Bush and Mexican President Vicente Fox
agreed last February to establish the working group. . . .
Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4q3j4_


STAGE SET FOR CONFEREES TO ADDRESS PATIENTS' RIGHTS
LEGISLATION

When Congress returns in September from a month-long recess,
the ongoing fights over how to craft provisions expanding
patients' access to legal remedies will continue, but the
battleground will shift to a conference committee of House
and Senate representatives.

Predictions vary on what the outcome of a House-Senate
managed care conference will be. The Senate-passed
legislation (S. 1052) provides far more latitude for
patients to sue their health plans than that afforded in the
House bill (H.R. 2563), which passed with the approval of
the Bush administration. Bush has said he would veto the
Senate-passed bill. . . . Page B-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p1m2w9_


______________

TODAY'S EVENTS
______________

PRODUCER PRICES: July data on producer prices released, 8:30
a.m., Labor Department.

________________

ALSO IN THE NEWS
________________


UNEMPLOYMENT INSURANCE: Jobless claims for unemployment
insurance benefits increase by 33,000 to 385,000 in the week
ended Aug. 4, the Labor Department's Employment and Training
Administration reports. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4d6x6_

AFFIRMATIVE ACTION: Toyota announces plans to create new
career opportunities for minorities as dealership managers
and service technicians and pledges $7.8 billion over the
next 10 years to back its diversity commitment. . . . Page
A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m8c1_

SAFETY & HEALTH: Judge Emmet G. Sullivan of the U.S.
District Court for the District of Columbia lifts a
temporary injunction blocking the Department of Labor's
processing of black lung benefit claims after dismissing an
industry challenge to new rules that revise the compensation
program for miners and their families.  . . . Page A-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4r2q4_


____

TEXT
____

LABOR LAW: NLRB decision in "New York State Nurses
Association". . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a0v0_

FMLA: Ninth Circuit's decision in "Bachelder v. America West
Airlines Inc. ". . . Page E-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4e2f0_

AIRLINES: National Mediation Board decision dismissing AMFA
petition for representation election among United Airlines'
mechanics. . . . Page E-19

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m6q3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

FMLA
   America West's firing of a passenger service agent based
   in part on the 16 sick days she took during the early
   months of 1996 violated the Family and Medical Leave Act
   by impermissibly considering FMLA-protected leave in
   making the firing decision,  the Ninth Circuit rules . .
   . Page AA-1,  Text E-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4r9h4_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4e2f0_


____

NEWS
____

AFFIRMATIVE ACTION
   U.S. subsidiary of Toyota Motor Corp. announces plans to
   create new career opportunities for minorities as
   dealership managers and service technicians and pledges
   $7.8 billion over the next 10 years to back its diversity
   commitments . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m8c1_

AGE DISCRIMINATION
   Group of former Allstate Insurance Co. employees sue
   Allstate for age bias and breach of fiduciary duty in
   connection with a 1999 reorganization in which Allstate
   terminated 6,400 agents . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4f8m3_

AIRLINES
   NMB dismisses a petition from the Aircraft Mechanics
   Fraternal Association, an independent union seeking to
   replace IAM as the bargaining agent for more than 15,000
   United Airlines mechanics and related employees . . .
   Page A-9,  Text E-19
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4t6t1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m6q3_

APPAREL
   Article regarding the AFL-CIO placing New Era Cap Co. on
   its boycott list, appearing at 151 DLR A-5, 8/7/01,
   incorrectly listed the Web site for the United Students
   Against Sweatshops. The correct cite is
   http://usasnet.org/campaigns/newera/report.shtml . . .
   Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3x8f4_

ERISA
   Seventh Circuit finds no violation of the Employee
   Retirement Income Security Act when an employer changed
   life insurance carriers and discontinued the coverage of
   an employee on disability benefits . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3k8v2_

IMMIGRATION
   Secretary of State Powell says the U.S.-Mexican working
   group studying immigration issues has begun exploring
   "some specifics with respect to a temporary guestworker
   program," but it is "in no hurry" to issue
   recommendations on the matter . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4q3j4_

LABOR LAW
   New York State Nurses Association violated the NLRA by
   failing to issue a 10-day strike notice when it directed
   its members to refuse to volunteer for overtime at Mount
   Sinai Hospital, a divided NLRB panel rules . . . Page
   A-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m3f8_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a0v0_

NAFTA
   Mexican government is concerned about how migrant farm
   workers from Mexico are being treated in the United
   States, a Mexican government official says at a hearing
   in Yakima, Wash.  . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4e2c3_

PENSIONS
   IRS releases Form 5308 for certain employee retirement
   plans to use when requesting approval for intended
   changes to the plan year or changes to the trust year . .
   . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4k6p4_

RELIGIOUS DISCRIMINATION
   Acting on a suit brought by a New Jersey college
   professor who is an Orthodox Jew, the Third Circuit rules
   for the first time that a hostile work environment claim
   can be based on religious bias . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4f7w5_

SAFETY & HEALTH
   Widow of a former nuclear employee receives the first
   check from a new Department of Labor program designed to
   compensate disabled nuclear weapons employees and their
   survivors . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4d3v1_

SAFETY AND HEALTH
   Federal judge lifts a temporary injunction blocking the
   Labor Department's processing of black lung benefit
   claims after dismissing an industry challenge to new
   rules revising the compensation program for miners and
   their families . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4r2q4_

STATE LAWS
   California Gov. Gray Davis (D) signs bills that increase
   penalties for wage violations against farm workers and
   allow bond funds to be used to pay awards to farm workers
   stemming from violations of state labor laws by farm
   labor contractors . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4c4p2_

   Indiana has adopted a new state employment policy
   statement banning discrimination on the basis of sexual
   orientation . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m3b6_

TEAMSTERS
   Independent Review Board, the internal adjudicative body
   that oversees anti-corruption efforts at the IBT under a
   1989 consent decree, will have a new composition as the
   result of a pair of actions by the Justice Department and
   a federal judge . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4u1q3_

UNFAIR LABOR PRACTICES
   Due to an incorrect citation listed on the National Labor
   Relations Board decision, the citation in the article
   summarizing "Mainline Contracting Corp.", appearing at
   153 DLR AA-1, 8/9/01, was incorrect. The correct citation
   for the case is 334 N.L.R.B. No. 120 . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3y7d9_


___________

LEGISLATION
___________

HEALTH CARE
   When Congress returns in September from a month-long
   recess, the ongoing fights over how to craft provisions
   expanding patients' access to legal remedies will
   continue, but the battleground will shift from the floors
   of the House and Senate to a conference committee with
   members from both chambers . . . Page B-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p1m2w9_


_________________

CONFERENCE REPORT
_________________

ALTERNATIVE DISPUTE RESOLUTION
   National Conference of Commissioners on Uniform State
   Laws will consider adopting a proposed model "Uniform
   Mediation Act" when the organization meets the week of
   Aug. 13 . . . Page C-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3y6h2_

NLRB
   At the ABA annual meeting, the four current NLRB members
   discuss a wide range of issues, including their views on
   past and future issues before the board, criticism by the
   appeals courts, and the board during the Clinton era . .
   . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3k9w0_


_____________

ECONOMIC NEWS
_____________

UNEMPLOYMENT INSURANCE
   Jobless claims for unemployment insurance benefits
   increased by 33,000 to 385,000 in the week ended Aug. 4,
   according to figures released by the Labor Department's
   Employment and Training Administration . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4d6x6_


____

TEXT
____

LABOR LAW
   NLRB decision in "New York State Nurses Association" . .
   . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a0v0_

FMLA
   Ninth Circuit's decision in "Bachelder v. America West
   Airlines Inc." . . . Page E-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4e2f0_

AIRLINES
   National Mediation Board decision dismissing AMFA
   petition for representation election among United
   Airlines mechanics . . . Page E-19
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m6q3_


______________

TABLE OF CASES
______________

Abramson v. William Paterson College of N.J.  (3d Cir.) . .
. Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4f7w5_

Bachelder v. America West Airlines Inc.  (9th Cir.) . . .
Page AA-1,  Text E-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4r9h4_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4e2f0_

National Mining Ass'n v. Chao (D.D.C.) . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4r2q4_

NEUMA Inc. v. AMP Inc. (7th Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p3k8v2_

New York State Nurses Ass'n (N.L.R.B.) . . . Page A-1,  Text
E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4m3f8_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4a0v0_

Romero v. Allstate Ins. Co. (E.D. Pa.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4f8m3_

United States v. IBT (S.D.N.Y.) . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p4r2q4_

   __________
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