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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
Sent:	Monday, November 19, 2001 11:20 PM
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Subject:	Nov. 20 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 20, 2001
______________________________

ISSN 1522-5968


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HIGHLIGHTS
__________


ILLINOIS HUMAN RIGHTS DEPARTMENT PROCEDURES RULED
UNCONSTITUTIONAL

Certain procedures used by the Illinois Department of Human
Rights to investigate employment discrimination complaints
violate the due process clause of the Fourteenth Amendment
to the U.S. Constitution, the U.S. District Court for the
Northern District of Illinois rules ("Cooper v. Salazar,
"N.D. Ill.,  No. 98-C-2930,  11/1/01).

Judge Shadur grants summary judgment to the plaintiffs, a
class of discrimination complainants led by Ricky Cooper, on
their due process claims against department director Carlos
J. Salazar. The court orders the department to stop relying
on witness credibility determinations made without affording
complainants an opportunity to confront and cross examine
witnesses against them.

The court also orders Salazar to allow complainants seeking
review of the department's decision not to pursue their
cases access to documents in their investigative files.
Finally, the court orders the department to modify certain
review procedures to protect the plaintiffs' due process
rights. . . . Page AA-1,  Text E-54

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6h7r6_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_


SEVEN UNIONS, PIPELINE FIRM CHALLENGE OKLAHOMA'S
RIGHT-TO-WORK LAW

Seven unions and a pipeline services company file suit
seeking to overturn Oklahoma's newly adopted right-to-work
law, which prohibits union-security clauses in bargaining
contracts, bans union hiring halls, and requires individual
employee approval for union dues to be deducted from a
paycheck ("Local 514, Transport Workers Union v. Oklahoma,
"E.D. Okla., No. 01-633-S, "suit filed" 11/13/01). State
Question 695 was approved by 54 percent of the voters in a
special election Sept. 25.

The lawsuit filed in federal court in Oklahoma alleges that
SQ 695 violates the supremacy clause of the U.S.
Constitution and is preempted by the National Labor
Relations Act, the Railway Labor Act, the Postal
Reorganization Act, and the Civil Service Reform Act. The
challengers also allege SQ 695 violates the Oklahoma
Constitution's amendment procedures and constitutes a
prohibited "special law" not applying to any other types of
membership organizations. The suit asks the court to declare
the constitutional amendment invalid and to permanently
enjoin state officials from enforcing it. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7z3_


EEOC WILL STILL INVESTIGATE ADA CHARGES AFTER "GARRETT"

The EEOC is advising its district directors to continue
processing and investigating disability discrimination
charges against state government employers, despite the U.S.
Supreme Court's ruling that individuals can no longer sue
those employers for monetary relief under the Americans with
Disabilities Act.

Such individual suits were barred by the U.S. Supreme
Court's February decision in "Board of Trustees of the
University of Alabama v. Garrett. " However, the EEOC memo
advises that the agency will continue to investigate these
charges and refer them for mediation and continue to
coordinate charges that have "litigation potential" with the
Department of Justice.

The commission observes that the "severe limitations" placed
on private lawsuits by the "Garrett " ruling makes its own
enforcement role "more important than ever." But a former
general counsel sees the directive as "wishful thinking" on
the part of the civil rights enforcement agency. . . . Page
B-1,  Text E-26,  E-38

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5t5b1_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_


BUSH SIGNS AIRPORT SECURITY BILL TO FEDERALIZE SCREENERS

President Bush signs into law a bill (S. 1447, Conf. Rep.
107-296) that will place all responsibility for airport
security into the hands of the federal government and
federalize virtually all airport baggage screeners within
one year. Organized labor's reaction to the measure has been
largely positive, but unions that represent federal workers
are questioning the status of baggage screeners after they
become federal employees.

The measure calls for a new undersecretary of transportation
for security who will "be responsible for hiring and
training personnel to provide security screening at all
airports in the United States." The American Federation of
Government Employees says it is "alarmed and disappointed"
that the report does not ensure federal employee screeners
have the same rights as other employees.

Meanwhile, flight attendants' and pilots' unions applaud the
bill's passage, noting that it contains many features that
have long been priorities in their organizations. Of
particular importance to the Association of Flight
Attendants was a provision that requires screening of all
checked bags. . . . Page A-9,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9u6_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_


SIXTH CIRCUIT REJECTS RETALIATORY FIRING CLAIM IN FAMILY
LEAVE SUIT

The Sixth Circuit rejects a retaliatory discharge claim
filed by an employee who claimed Great Lakes Power Service
Co. fired him  "in retaliation for "intending" to take his
statutorily protected 12 weeks of leave" ("Skrjanc v. Great
Lakes Power Serv. Co., " 6th Cir., No. 00-3726,  11/14/01).
"The right to actually take 12 weeks of leave pursuant to
the FMLA includes the right to declare an intention to take
such leave in the future," the court says. It finds Michael
Skrjanc, however, failed to show that because he invoked his
FMLA rights, he was treated differently than similarly
situated employees.

 Skrjanc was discharged at the same time the company was
divesting itself of its pump unit, where he worked. The
three other people who also worked in the pump unit were
fired as well, the court points out. All four of the pump
unit employees were fired, none was considered for a new
position, and Skrjanc failed to show that Great Lakes had a
history of considering employees for transfer when their
positions were eliminated, the court says. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2b7_


________________

ALSO IN THE NEWS
________________

AIRLINES: The National Mediation Board announces that it
will soon start a 30-day cooling off period in the
collective bargaining dispute between United Air Lines and
the International Association of Machinists for a new
contract to cover the carrier's 15,000 mechanics and related
employees. The NMB also recommends appointment of a
presidential emergency board. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6k5h4_

POSTAL WORKERS: A federal judge rejects the Miami-area
American Postal Workers Union's request to order the Postal
Service into expedited arbitration to address the local's
demands that window clerks be allowed to wear masks. . . .
Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j2f3_


____

TEXT
____

AIRLINES: Text of the Aviation and Transportation Security
Act, as approved by House and Senate Nov. 16.. . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_

EEOC: EEOC memorandum related to the Supreme Court's ruling
in "Garrett.". . . Page E-26

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_

EEOC: EEOC memorandum related to Supreme Court's ruling in
"Kimel".. . . Page E-38

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_

DISCRIMINATION:  Decision of the U.S. District Court for the
Northern District of Illinois in "Cooper v. Salazar. ". . .
Page E-54

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

DISCRIMINATION
   Certain procedures used by the Illinois Department of
   Human Rights to investigate employment discrimination
   complaints violate the due process clause of the
   Fourteenth Amendment to the U.S. Constitution, a federal
   district court in Illinois rules . . . Page AA-1,  Text
   E-54
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6h7r6_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_


____

NEWS
____

AIRLINES
   NMB announces that it will soon start a 30-day cooling
   off period in the collective bargaining dispute between
   United Airlines and the Machinists over a new contract to
   cover the carrier's 15,000 mechanics and related
   employees . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6k5h4_

   President Bush signs into law a bill (S. 1447, Conf. Rep.
   107-296) that will give the federal government all
   responsibility for airport security and federalize
   virtually all airport baggage screeners within one year .
   . . Page A-9,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9u6_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_

DISCRIMINATION
   Leaders of three civil rights enforcement agencies--EEOC,
   the Civil Rights Division of the Department of Justice,
   and the Labor Department's OFCCP--issue a joint statement
   calling for stepped-up vigilance against employment
   discrimination in the wake of the Sept. 11 terrorist
   attacks . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9k2_

EDUCATION
   Finding that certain graduate teaching assistants at
   Brown University in Providence, R.I., are employees under
   the National Labor Relations Act, an NLRB regional
   director orders an election to determine whether the TAs
   wish to be represented by the UAW . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9k9_

EMPLOYMENT
   GAO report says impending retirement of the unusually
   large baby boom generation combined with slow labor force
   growth poses potential problems for employers and the
   economy . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5y2a3_

FMLA
   Eligible employee had the right to request 12 weeks of
   leave under the Family and Medical Leave Act without
   being fired in retaliation, the Sixth Circuit rules,
   although his case fails because his former employer
   offered a nondiscriminatory reason for terminating him .
   . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2b7_

HOTELS
   Boston hotel workers, their ranks thinned by about
   one-third since Sept. 11, are threatening to strike the
   city's major hotels if agreement on a new contract is not
   reached by Nov. 30 . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2t5_

IMMIGRATION
   Announcement from Attorney General Ashcroft that he will
   separate the INS enforcement functions from its service
   functions receives a lukewarm response from lawmakers . .
   . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f4r6_

   Democratic congressional leaders visiting Mexico called
   for a renewed emphasis on migration reform in advance of
   important bilateral meetings on migration being held in
   Washington . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f9w7_

MANUFACTURING
   Aluminum Co. of America (Alcoa) announces that 6,500 jobs
   will be eliminated by the end of 2002 in an effort to
   make the company more efficient . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f8f3_

NEWSPAPERS
   Newspaper Guild members approve a new eight and one-half
   year contract with the "Portland Press Herald/Maine
   Sunday Times" reached after nearly three years of
   negotiations . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v8p1_

   "Seattle Times" and the Pacific Northwest Newspaper Guild
   settle a dispute arising out of the agreement that ended
   last year's seven-week strike at the newspaper . . . Page
   A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b9v9_

POSTAL WORKERS
   Federal judge rejects arguments by the Miami-area
   American Postal Workers Union that the court order the
   U.S. Postal Service into expedited grievance arbitration
   to address the local's demands that window clerks be
   allowed to wear masks to protect them against anthrax
   exposure . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j2f3_

STATE EMPLOYEES
   Five of the six bargaining units represented by AFSCME
   Council 6 announced that union members approve new
   contracts with the state . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j5f3_

TEAMSTERS
   Final count in the election of IBT officers shows
   incumbent President Hoffa winning the union's top post
   with 64.8 percent of the votes cast . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7f8_

TRADE
   U.S. companies have broadly come out in support of
   decision by WTO member countries to begin a new round of
   global trade negotiations early next year aimed at
   further liberalizing world trade in a wide range of goods
   and services . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f8z1_

UNION DUES
   Seven unions and a pipeline services company file suit
   seeking to overturn Oklahoma's newly adopted
   right-to-work law . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7z3_

WORKFORCE REDUCTIONS
   Bristol-Myers Squibb Co. says it has eliminated 1,000
   jobs, or roughly 2 percent of its workforce, as part of
   its effort to become a pure pharmaceutical company . . .
   Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c7b8_


______________

SPECIAL REPORT
______________

DISABILITIES
   EEOC is advising its district directors to continue
   processing and investigating disability discrimination
   charges against state government employers, despite the
   U.S. Supreme Court's ruling that individuals no longer
   can sue those employers for monetary relief under the
   Americans with Disabilities Act . . . Page B-1, Text
   E-26,  E-38
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5t5b1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_


____

TEXT
____

AIRLINES
   Conference report on the Aviation and Transportation
   Security Act . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_

DISCRIMINATION
   Decision of the U.S. District Court for the Northern
   District of Illinois in "Cooper v. Salazar" . . . Page
   E-38
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_

EEOC
   EEOC memorandum related to the Supreme Court's ruling in
   "Garrett" . . . Page E-26
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5w0v3_

EEOC
   EEOC memorandum related to Supreme Court's ruling in
   "Kimel" . . . Page E-38
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_


______________

TABLE OF CASES
______________

Brown Univ. and United Auto Workers  (NLRB Reg. Dir.) . . .
Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9k9_

Cooper v. Salazar (N.D. Ill.) . . . Page AA-1,  Text E-54
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6h7r6_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_

Local 514, Transport Workers Union v. Oklahoma (E.D. Okla.)
. . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7z3_

Miami Area Local Am. Postal Workers Union v. USPS (S.D.
Fla.) . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j2f3_

Skrjanc v. Great Lakes Power Serv. Co. (6th Cir.) . . . Page
A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2b7_

   ___________________________________________________________
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