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To:	BNA Highlights
Subject:	June 26 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
June 26, 2001
______________________________

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


SUPREME COURT AGREES TO HEAR TWO TITLE VII CASES INVOLVING
FILING PERIODS

The U.S. Supreme Court agrees to review two cases involving
limitations periods for claims under Title VII of the 1964
Civil Rights Act. The high court will hear a challenge to a
long-standing Equal Employment Opportunity Commission
regulation that allows an employee alleging discrimination
to verify a charge after the statutory filing deadline in
situations where the individual already filed a timely but
unsworn discrimination charge ("Edelman v. Lynchburg
College, "U.S., No. 00-1072, "cert. granted" 6/25/01).
Leonard Edelman, a former biology professor at Lynchburg
College in Virginia, sought Supreme Court review of an
October 2000 decision by the Fourth Circuit finding the EEOC
rule invalid. The circuits are split 4-2 on the issue. The
acting solicitor general filed a brief supporting the EEOC
rule.

The Supreme Court also agrees to consider whether an Amtrak
worker could invoke the continuing violations doctrine and
seek damages against his employer for five years of
allegedly discriminatory conduct, even though it would have
been reasonable for him to file charges against the company
at an earlier time ("National Railroad Passenger Corp. d/b/a
Amtrak v. Morgan,  "U.S.,  No. 00-1614,  "cert. granted,"
6/25/01). The Ninth Circuit in November 2000 ordered a new
trial on Abner Morgan's Title VII race discrimination claim,
finding that the trial court erred in ruling that incidents
that occurred more than 300 days prior to the date Morgan
filed a discrimination charge with the EEOC were
time-barred. . . . Page AA-1,  AA-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2g9p4_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k0e0_


SUPREME COURT TO HEAR FMLA CASE ON DOL'S ADVANCE NOTICE
RULES

The U.S. Supreme Court agrees to review an appeals court
decision finding invalid a Labor Department regulation
requiring employers to provide employees with advance notice
that their paid or unpaid medical leave will be counted
toward their 12 weeks of leave under the Family and Medical
Leave Act ("Ragsdale v. Wolverine Worldwide Inc., "U.S., No.
00-6029, "cert. granted" 6/25/01). Tracy Ragsdale sought
review of the Eighth Circuit's July 2000 decision dismissing
her FMLA claim against Wolverine Worldwide Inc. Ragsdale
took seven months of employer-provided medical leave while
under treatment for cancer but was not told it would count
toward her FMLA allotment. She returned to work but then was
turned down when she requested FMLA leave.

A DOL regulation provides: "In all circumstances, it is the
employer's responsibility to designate leave, paid or
unpaid, as FMLA-qualifying, and to give notice of the
designation to the employee." Another rule states that an
employee will retain the right to 12 weeks of FMLA leave if
the employer fails to provide prior notice that the leave
will be counted toward the FMLA allotment. The latter DOL
rule "creates rights which the statute clearly does not
confer," the Eighth Circuit said, agreeing with an Eleventh
Circuit decision. In contrast, the Sixth Circuit endorsed
the DOL notice rules. The acting solicitor general submitted
a brief arguing the rules are valid but asking the Supreme
Court not to take this case. . . . Page AA-3

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2t3p0_


IBEW LOCAL REACHES TENTATIVE AGREEMENT WITH AMERITECH

International Brotherhood of Electrical Workers Local 21
reaches tentative agreement with Ameritech on a three-year
contract that would provide more than 12,000 employees of
the SBC Communications Inc. subsidiary with wage increases
totaling 12.25 percent over term. The bargaining team was
successful in expanding a two-year wage reopener into a
three-year agreement expiring June 26, 2004, according to
the union. Originally, negotiations were reopened to set the
terms only for wage provisions in the final two years of a
five-year contract.

The tentative agreement contains a 4.25 percent wage
increase in the contract's first year, effective June 24,
2001; a 3 percent increase effective June 23, 2002, and a 5
percent increase effective June 22, 2003. The agreement also
contains improvements to current health, medical, dental,
and vision benefits, including a new provision allowing
employees to select Blue Cross/Blue Shield's preferred
provider organization health insurance plan.

IBEW is recommending ratification of the agreement that
would cover more than 12,000 workers. The local will mail
ratification ballots to union members in mid-July and will
count them the first week in August . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k0h6_


JUSTICES ASK ADMINISTRATION VIEW OF ERISA AND 'WILLING
PROVIDER LAWS'

The U.S. Supreme Court asks the Bush administration to weigh
in on the ability of the states to regulate managed
health-care networks, by inviting the solicitor general to
file a legal brief on whether state "any-willing-provider"
laws are superseded by the Employee Retirement Income
Security Act ("Kentucky Ass'n of Health Plans Inc. v.
Miller, "U.S., No. 00-1471, "interim order "6/25/01).

Any-willing-provider laws bar health benefit plans from
discriminating against or excluding from their networks any
health care provider located within certain geographic
bounds who is willing to abide by the terms of participation
in the plan.

The Supreme Court has been asked to review a 2-1 finding of
the Sixth Circuit that any-willing-provider laws "relate to"
health benefit plans under ERISA, but are "saved" from ERISA
preemption because they regulate insurance--an area carved
out from ERISA's preemptive sweep because the regulation of
insurance has traditionally been reserved for the states.
The Supreme Court has not yet indicated whether it will
grant or deny the petition for review. . . . Page AA-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2h3x8_


NO HIGH COURT REVIEW OF MAN'S CLAIMS THAT HMO LIABLE FOR
WIFE'S SUICIDE

The U.S. Supreme Court leaves intact a federal appeals
court's decision to allow a Pennsylvania man to proceed on
state tort law claims that a health maintenance organization
was liable for allegedly denying treatment requested by his
wife prior to her 1993 suicide ("Aetna U.S. Healthcare v.
Lazorko, "U.S., No. 00-1641, "cert. denied" 6/25/01). The
high court's decision not to review the case leaves
undisturbed a December 2000 ruling by the Third Circuit
addressing whether Jonathan Lazorko's tort claims against
Aetna U.S. Healthcare and other defendants were preempted by
the Employee Retirement Income Security Act. Aetna U.S.
Healthcare had sought high court review of the appeals court
decision, arguing that the issues raised by the case are
important and that the federal courts are divided over
whether beneficiaries have the right to bring direct
liability and vicarious liability lawsuits against managed
care organizations. . . . Page AA-4,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2m8m1_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j1w4m0_


________________

ALSO IN THE NEWS
________________

HEALTH CARE EMPLOYEES: Members of the Minnesota Nurses
Association vote on a tentative contract with Fairview
Health Services that would end a strike that began June 3. .
. . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2j9f6_

TEAMSTERS: International Brotherhood of Teamsters President
James P. Hoffa opens the union's 26th convention,  declaring
that the gathering is the "most democratic, unified, and
forward-looking convention in Teamsters history." More than
1,300 delegates and alternates are attending the convention
in Las Vegas.  . . . Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2p9b7_

AIRLINES: American Airlines and the Transport Workers Union
say they have reached a tentative agreement on a new
three-year contract covering some 15,000 mechanics and
related employees. . . . Page A-8

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2q0m6_

CONSTRUCTION: Some 12,000 iron workers represented by the
Bridge, Structural, and Ornamental Iron Workers in
California and Nevada will begin working July 1 under a new
three-year contract providing wage and benefit increases
totaling $4.80 per hour. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2h7v5_


____

TEXT
____

 SUPREME COURT: Summaries of labor and employment law cases
in which the U.S. Supreme Court denied review on June 25,
2001. . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j1w4m0_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

DISCRIMINATION
   U.S. Supreme Court agrees to hear challenge to
   longstanding EEOC regulation allowing employee alleging
   discrimination to verify charge after statutory filing
   deadline in situations where individual already filed
   timely but unsworn discrimination charge . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2g9p4_

ERISA
   U.S. Supreme Court asks solicitor general to file legal
   brief on whether ERISA supersedes state
   "any-willing-provider" laws . . . Page AA-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2h3x8_

   U.S. Supreme Court leaves intact Third Circuit decision
   allowing Pennsylvania man to proceed with state law tort
   claims alleging HMO was liable for allegedly denying
   treatment requested by his wife prior to her 1993 suicide
   . . . Page AA-4,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2m8m1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j1w4m0_

RACE DISCRIMINATION
   U.S. Supreme Court to consider whether Amtrak worker
   could invoke continuing violations doctrine to seek
   damages against employer for five years of allegedly
   discriminatory conduct, even though he could reasonably
   have filed charges against company earlier . . . Page
   AA-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k0e0_

FMLA
   U.S. Supreme Court agrees to review Eighth Circuit
   decision finding invalid Labor Department regulation
   requiring employers to provide employees with advance
   notice that paid or unpaid medical leave will be counted
   toward 12 week allotment of leave under FMLA . . . Page
   AA-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2t3p0_


____

NEWS
____

AFFIRMATIVE ACTION
   Fourth Circuit rules environmental engineer transferred
   after refusing to comply with sanitary commission's
   affirmative action policy was protected from
   discrimination under Title VII's opposition clause and
   should be awarded damages . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8v7q7_

AGE DISCRIMINATION
   Federal judge in Pennsylvania certifies class of 130
   Social Security Administration employees alleging agency
   discriminated against older workers by failing to upgrade
   pay scale for classification of workers made up mostly of
   older workers, while increasing pay scale for
   classifications with mostly younger workers . . . Page
   A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j0d7g9_

AIRLINES
   American Airlines and TWU reach tentative agreement on
   three-year contract covering about 15,000 mechanics and
   related employees . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2q0m6_

COMMUNICATIONS
   IBEW reaches tentative agreement with Ameritech on
   three-year contract providing more than 12,000 employees
   of SBC Communications Inc. subsidiary wage increases
   totaling 14.25 percent over term . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k0h6_

COMPENSATION
   Survey finds median compensation level for top human
   resource executives climbed to more than $200,000 in
   salary and bonuses in 2001 . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2h7y8_

CONSTRUCTION
   Union-represented iron workers in California and Nevada
   to begin work July 1 under new three-year contract
   providing wage and benefit increases totaling $4.80 per
   hour in first year for 12,000 tradesmen on commercial,
   industrial, and highway projects . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2h7v5_

DISCRIMINATION
   Senate Majority Leader Daschle (D-S.D.) and Rep.
   Slaughter (D-N.Y.) welcome President Bush's recent
   statement supporting legislation banning discrimination
   based on genetic makeup . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2n0k6_

HEALTH CARE EMPLOYEES
   Members of Minnesota Nurses Association vote on tentative
   agreement with Fairview Health Services that could end
   strike at two Minneapolis-St. Paul hospitals . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2j9f6_

HIRING
   Survey finds vast majority of HR professionals consider
   employee referral programs one of most cost-effective
   recruiting methods available . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2h7x7_

PENSIONS
   Federal judge in Pennsylvania rules employer did not
   breach fiduciary duties by offering employees second
   chance to accept "one-time" offer of lump-sum pension
   benefit distribution . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j0m3g0_

   More than one third of American public has not yet
   developed financial plan in preparation for retirement,
   according to survey . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2j9q9_

STEEL
   U.S. Trade Representative Zoellick asks ITC to
   investigate whether surging imports have seriously
   injured or threatened U.S. steel industry . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2j9x9_


_________________

CONVENTION REPORT
_________________

TEAMSTERS
   IBT President James P. Hoffa opens union's convention
   declaring gathering the "most democratic, unified, and
   forward-looking convention in Teamsters history" . . .
   Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2p9b7_


____

TEXT
____

SUPREME COURT
   Summaries of labor and employment law cases in which the
   U.S. Supreme Court denied review, June 25, 2001 . . .
   Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j1w4m0_


______________

TABLE OF CASES
______________

Adams v. Sun Co. (E.D. Pa.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j0m3g0_

Aetna U.S. Healthcare v. Lazorko  (U.S.) . . . Page AA-4,
text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2m8m1_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j1w4m0_

Dea v. Washington Suburban Sanitary Comm'n  (4th Cir.) . . .
Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h8v7q7_

Duffy v. Massinari (E.D. Pa.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j0d7g9_

Edelman v. Lynchburg Coll. (U.S.) . . . Page AA-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2g9p4_

Farrell Lines Inc. v. Dino (U.S.) . . . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1x5_

Forbes v. Eagleson (U.S.) . . . Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1y0_

Goldstein v. Chao (U.S.) . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1w0_

Hamilton v. United States (U.S.) . . . Page E-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k2b5_

Jercich v. Petralia (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1z0_

Kentucky Ass'n of Health Plans Inc. v. Miller  (U.S.) . . .
Page AA-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2h3x8_

Kinam Gold Inc. v. Lettes (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1y5_

Mitchell v. New York Blood Ctr. (U.S.) . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1w5_

National R.R. Passenger Corp. d/b/a Amtrak v. Morgan (U.S.)
. . . Page AA-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k0e0_

Reynolds v. Roberts (U.S.) . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1v5_

Simon v. Quaker Oats Employee Benefit Plan (U.S.) . . . Page
E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k2a0_

Sparks v. Cash Am. Int'l Inc. (U.S.) . . . Page E-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k2a5_

Svec v. Moriarty (U.S.) . . . Page E-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k2b0_

Taunt v. General Ret. Sys. of Detroit, Mich. (U.S.) . . .
Page E-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4j2k1x0_

   __________
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