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Subject:	June 27 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
June 27, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


SENATE AGREES TO REPEAL LIABILITY IF PATIENTS' RIGHTS BRINGS
COVERAGE LOSS

Backers of the McCain-Edwards-Kennedy patients' bill of
rights legislation (S. 1052) win two battles in the Senate,
as the chamber votes down a motion to pull the bill from the
floor for scrutiny by Senate committees and an amendment to
fully exempt employers from new liability under the bill.

However, Republicans win approval of an amendment that would
repeal liability provisions in the bill if it is later found
to spur a large increase in the number of uninsured.

Under the amendment, if the Institute of Medicine were to
find that more than 1 million individuals lost their health
coverage as a result of the bill's enactment, the liability
provisions would be repealed. . . . Page AA-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3t1p2_


ULP FOR TASTY BAKING TO DEMOTE UNION ACTIVIST'S WIFE, COURT
AFFIRMS

Tasty Baking Co. committed an unfair labor practice when it
demoted a supervisor whose husband was a union activist and
later transferred her to the night shift, the District of
Columbia Circuit affirms ( "Tasty Baking Co. v. NLRB,  "D.C.
Cir.,  No. 00-1030,  6/22/00 ).

With this opinion, the D.C. Circuit joins the Third and
Seventh Circuits in finding that it is a violation of the
National Labor Relations Act for an employer to take action
against a supervisor in retaliation for a relative's union
activities. In addition, Judge Garland affirms that the
company committed various unfair labor practices when
supervisors threatened and disciplined the union activist,
Michael Flannery, and other employees.

The court enforces a National Labor Relations Board order
requiring the employer to reinstate Flannery's wife, Edwina
Flannery, to her supervisory position and to stop committing
the unfair labor practices. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3n1v9_


IBT DELEGATES APPROVE CONSTITUTION CALLING FOR MEMBERS TO
ELECT OFFICERS

Delegates to the International Brotherhood of Teamsters
convention approve a package of constitutional amendments,
which the union's leaders labelled a "democracy package."
Among the amendments are ones that will make permanent the
process of direct membership election of the union's top
officers.

IBT President James Hoffa had made approval of the
"one-member, one-vote" election process the capstone of his
convention agenda. Delegates approve the constitutional
amendments on a voice vote.

With minor changes, the amendments make permanent provisions
that were first added to the IBT constitution in 1991 as
part of the consent decree settling the government's civil
racketeering suit against the union. The amendments require
direct, secret ballot election of international officers by
members. They specify the direct election of international
trustees, positions that in the past were appointed. . . .
Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3p8q2_


SEVENTH CIRCUIT FINDS RLA REQUIRES ARBITRATION OF DISABILITY
CLAIM

The Railway Labor Act's mandatory arbitration scheme bars a
covered employee from litigating an Americans with
Disabilities Act claim that "requires a potentially
dispositive interpretation" of a collective bargaining
agreement, the Seventh Circuit holds ("Brown v. Illinois
Central R.R. Co., "7th Cir., No. 00-2349,6/20/01).

 Rejecting the Equal Employment Opportunity Commission's
position that Congress intended the ADA to override the RLA,
the court finds that allowing Robert Brown to litigate his
disabilities claim against Illinois Central Railroad Co.
"would lead to the evisceration of the grievance and
arbitration procedures provided by the RLA." A "clearer
Congressional mandate" would be required for such a "bold
step," Judge Bauer writes for the court. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3a8n1_


TWIN CITY NURSES RATIFY CONTRACT, ENDING STRIKE

Members of the Minnesota Nurses Association ratify a
three-year contract with Fairview Health Services, ending a
strike that began June 3 at two Minneapolis-St. Paul
hospitals. Nurses will begin returning to work at 7 a.m.
June 29.

To address workload and staffing problems, which were major
issues in the strike, the contract allows charge nurses to
temporarily close their units to admissions for up to two
hours when there are not enough nurses to provide care and
alternative resources are not available, according to Sue
Buesgens, chairperson of the MNA bargaining unit. . . . Page
A-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3n2q8_


________________

ALSO IN THE NEWS
________________

INTERNATIONAL LABOR: The International Labor Organization
adopts a new voluntary global code aimed at stemming
discrimination at the workplace against employees infected
with HIV/AIDS. The 45-page code is adopted at a meeting of
the ILO's governing body, which consists of representatives
from governments, employer groups, and unions. . . . Page
A-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2u2e3_

DISCRIMINATION: Sen. Jeffords (I-Vt.) tells BNA he is
working with President Bush on legislation that would
prohibit employers and health insurers from discriminating
against individuals based on their genetic makeup. He says
he will work with Sens. Breaux (D-La.) and Frist (R-Tenn.)
to craft a bill that will pass the Senate. . . . Page A-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3m6r5_

CONSUMER CONFIDENCE: Renewed confidence in business and job
prospects prompted a 1.8 percentage point increase in
consumer confidence in June, the second straight monthly
jump, the Conference Board reports. The index of consumer
confidence increased to 117.9 from 116.1 in May. . . . Page
A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3p8r7_

CHILD LABOR: Rep. Miller (D-Calif.) calls on the Department
of Labor and the U.S. Customs Service to investigate whether
fireworks and other products manufactured in China are made
with forced child labor. . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3j7u1_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

HEALTH CARE
   Backers of McCain-Edwards-Kennedy patients' bill of
   rights legislation (S. 1052) win two battles in Senate as
   chamber votes down motion to pull bill from floor for
   scrutiny by committees and amendment to fully exempt
   employers from new liability under bill . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3t1p2_


____

NEWS
____

AFL-CIO
   Sources report AFL-CIO President Sweeney and Carpenters
   President McCarron have met privately in recent weeks to
   discuss union's decision to withdraw from federation . .
   . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2u4m6_

CHILD LABOR
   Rep. Miller (D-Calif.) calls on Labor Department and
   Customs Service to investigate whether fireworks and
   other products manufactured in China are made with forced
   child labor . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3j7u1_

COLLECTIVE BARGAINING
   Carpenters union completes negotiations on three-year
   contract with four contractor associations providing wage
   and benefit increases totaling $3.80 per hour for about
   7,000 carpenters on highway and commercial projects in
   southern Nevada . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3f6w8_

CONSUMER CONFIDENCE
   Renewed confidence in business and job prospects prompted
   a 1.8 percentage point increase in consumer confidence in
   June, the second straight monthly jump, the Conference
   Board reports . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3p8r7_

DISABILITIES
   Seventh Circuit rules RLA's mandatory arbitration scheme
   bars covered employee from litigating ADA claim whose
   resolution requires "potentially dispositive
   interpretation" of collective bargaining agreement . . .
   Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3a8n1_

DISCRIMINATION
   Sen. Jeffords (I-Vt.) working with President Bush on
   legislation that would prohibit employers and health
   insurers from discriminating against individuals based on
   genetic makeup . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3m6r5_

HEALTH CARE EMPLOYEES
   Catholic Healthcare West and California Nurses
   Association reach tentative agreement for contracts
   covering some 3,500 nurses at 10 northern California
   hospitals . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3q7c7_

   Members of Minnesota Nurses Association ratify three-year
   contract with Fairview Health Services, ending strike at
   two Minneapolis-St. Paul hospitals . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3n2q8_

   Oregon Gov. Kitzhaber (D) signs into law bill restricting
   number of mandatory overtime hours that can be required
   of registered nurses . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3j7x0_

INTERNATIONAL LABOR
   ILO adopts new voluntary global code aimed at stemming
   workplace discrimination against employees infected with
   HIV/AIDS . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2u2e3_

   Labor Department making available approximately $9
   million to fund HIV/AIDS workplace education programs in
   other countries . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3m8t8_

NLRB
   NLRB names Henry S. Breiteneicher acting solicitor . . .
   Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3g5t2_

TRADE POLICY
   Sens. Graham (D-Fla.) and Murkowski (R-Alaska) unveil
   compromise legislation to give President Bush trade
   promotion authority, but chairman of Senate Finance
   Committee and key House Democrats say bill's labor and
   environmental provisions do not go far enough . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3r1z2_

UNFAIR LABOR PRACTICES
   D.C. Circuit rules Tasty Bakery Co. committed unfair
   labor practice by demoting wife of prounion employee from
   supervisory position and later transferring her to night
   shift . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3n1v9_

WORKFORCE REDUCTIONS
   International Paper to reduce domestic salaried workforce
   by 10 percent over next 12 months as part of corporate
   restructuring . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3j8q2_


_________________

CONVENTION REPORT
_________________

TEAMSTERS
   Delegates to IBT convention in Las Vegas vote to adopt
   constitutional amendments requiring direct, secret ballot
   election of international officers by members, specify
   direct election of international trustees, and enshrine
   current procedure of delegates nominating candidates for
   union's general executive board . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3p8q2_


______________

TABLE OF CASES
______________

Brown v. Illinois Central R.R. Co. (7th Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3a8n1_

Tasty Baking Co. v. NLRB (D.C. Cir.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j3n1v9_

   __________
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