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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:	Tuesday, June 19, 2001 11:03 PM
To:	BNA Highlights
Subject:	June 20 -- BNA, Inc. Daily Labor Report

______________________________

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

ISSN 1522-5968

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__________

HIGHLIGHTS
__________


FULL NINTH CIRCUIT RULES PRIVACY CLAIMS NOT PREEMPTED BY
LMRA

A state law suit challenging Consolidated Freightways Inc.'s
secret surveillance of employees in the restroom of a
California trucking terminal is not preempted by the
Labor-Management Relations Act, the Ninth Circuit rules 10-1
("Cramer v. Consolidated Freightways Inc., "9th Cir. (en
banc), No. 98-55657, 6/15/01). Reversing a lower court's
dismissal of the invasion of privacy claims, the appeals
court finds the claims "are not even arguably covered by the
collective bargaining agreement" between Consolidated and
International Brotherhood of Teamsters Local 63. The appeals
court clarifies the analysis that should be used in
determining whether state law claims are preempted by LMRA
Section 301, which gives federal courts jurisdiction to
decide suits alleging breach of a bargaining contract.

The appeals court ruled 9-2 that, because California
criminal law bars the use of two-way mirrors in restrooms,
employers and unions cannot bargain for contracts allowing
such illegal surveillance. Again ruling 9-2, the court
reverses dismissal of claims by approximately 274 workers of
intentional infliction of emotional distress. Judge Fisher
says because the challenged conduct violates California
criminal law, it is therefore "outrageous," a requirement
for proving intentional infliction of emotional distress. .
. . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u5m8_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k1k9_


FIRED UNION SALTS ENTITLED TO BACK PAY, D.C. CIRCUIT AFFIRMS

Five union advocates denied jobs or discharged from
positions with an Oregon electrical contractor because of
their union activity are entitled to back pay under the
National Labor Relations Act, the District of Columbia
Circuit affirms ("Tualatin Electric Inc. v. NLRB,  "D.C.
Cir.,  No. 00-1242,  6/15/01).

Judge Ginsburg rejects Tualatin Electric Inc.'s position
that the National Labor Relations Board erred in awarding
the union "salts"--union members who apply for work at
nonunion firms in order to organize the workforce from
within--back pay and in calculating the amount of back pay
due. The board's determination was based on a reasonable
interpretation of the act, the court says, enforcing the
board's order requiring Tualatin to pay the workers $50,518
plus interest. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u6w0_


NUMBER OF REPRESENTATION ELECTIONS DECLINED IN 2000

The number of representation elections and the number of
eligible voters in elections won by unions decreased in 2000
from the totals in 1999, according to preliminary findings
from National Labor Relations Board data analyzed by BNA
PLUS, BNA's research division. At the same time, the union
win rate edged up somewhat.

The number of elections held in 2000 decreased to 2,849 from
3,114 in 1999, an 8.5 percent decrease. The number of
elections won by unions decreased to 1,484 in 2000 from
1,598 in 1999, but the union win rate increased to 52.1
percent from 51.3 percent one year before. The number of
decertification elections held in 2000 decreased to 357 from
387 in 1999. Unions prevailed in 31.1 percent, down from
34.9 percent in 1999. . . . Page B-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t6x2_


ILO MEMBERS AGREE TO EXAMINE SOCIAL IMPACT OF GLOBALIZATION

 Members of the International Labor Organization agree to
carry out a comprehensive assessment of the social impact of
globalization, a move that is being viewed as a possible
solution to the debate within the World Trade Organization
on trade and labor standards.

Representatives from governments, employer groups, and labor
unions, meeting under the aegis of the ILO's Working Party
on the Social Dimension of Globalization, agree to carry out
what the ILO secretariat proposes to be a "major,
authoritative report that makes a comprehensive and in-depth
analysis of the social dimension of globalization,
particularly the interaction between the global economy and
the world of work."

The report, to be prepared over the next two years, under
the overall responsibility of the ILO's director-general,
would "constitute a first effort within the multilateral
system to map out all the highly complex issues involved in
achieving a more integrated approach to the social impact of
globalization," according to the ILO secretariat's proposal.
. . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t1z0_


EMPLOYMENT-RELATED PROVISIONS OF NEW TAX LAW SUMMARIZED

The Economic Growth and Tax Relief Reconciliation Act of
2001, signed into law June 7, contains tax breaks for
employers offering tuition assistance and child care
facilities or referrals, as well as more than 60 items that
reform employer-sponsored pension plans. Employment
provisions of the law are examined in a report in this
issue.

Among other things, the law: permanently extends the
exclusion for employer-provided education assistance; gives
tax credits to employers that provide child care facilities
and referral services to employees; raises the dollar limit
for annual elective deferrals for Sections 401(k), 403(b)
annuities, 457, and salary-reduction simplified employee
pensions; increases the maximum annual benefit payable at
retirement for defined benefit plans; and increases the
maximum elective deferrals to SIMPLE retirement plans. . . .
Page C-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n4w1_


________________

ALSO IN THE NEWS
________________

IMMIGRATION: Representatives of both the business community
and immigration advocacy groups tell a House subcommittee
that any new guestworker programs must include mechanisms
that would allow those workers to become permanent legal
residents of the United States. . . . Page A-10

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6v3c1_

RELIGIOUS DISCRIMINATION: Federal Express has agreed under a
consent decree with the Equal Employment Opportunity
Commission to moderate its "no-beard" policy to accommodate
Muslim employees. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6q9q7_

UNIONS: James E. Cole, general secretary of the Bridge,
Structural, and Ornamental Iron Workers, pleads guilty to
embezzlement and making false entries in union records and
will cooperate with federal authorities investigating the
125,000-member union. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k7w7_

SAFETY & HEALTH: Industry groups applaud the Bush's
nomination of John Henshaw to head the Occupational Safety &
Health Administration, saying he will be sensitive to their
concerns regarding zealous enforcement and regulations. . .
. Page A-11

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u5u3_


____

TEXT
____

PRIVACY RIGHTS: Ninth Circuit decision in "Cramer v.
Consolidated Freightways Inc. ". . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k1k9_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

LABOR LAW
   Ninth Circuit rules LMRA does not preempt state lawsuit
   challenging Consolidated Freightways Inc.'s secret
   surveillance of employees in restroom of California
   trucking terminal . . . Page AA-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u5m8_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k1k9_


____

NEWS
____

AIRLINES
   OPEIU members ratify three-year collective bargaining
   agreement between Petroleum Helicopters Inc. of Metairie,
   La., and union representing its domestic pilots . . .
   Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6j1p9_

CHILD LABOR
   Tennessee Gov. Sundquist (R) signs legislation increasing
   civil and criminal penalties for child labor law
   violations (S.L. 01-378) . . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u5h3_

DISCRIMINATION
   CORRECTION: An article summarizing a June 13 ruling in
   which a federal district judge found Wal-Mart Stores Inc.
   in contempt for violating a consent decree, appearing at
   116 DLR A-3, 6/18/01, contained an incorrect case
   citation. The citation should have read "EEOC v. Wal-Mart
   Stores Inc.,"D. Ariz., No. CIV98-276-TUC-WDB, "order"
   6/13/01. . . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6j9m0_

IMMIGRATION
   Witnesses representing business community and immigration
   advocates tell House subcommittee any new guestworker
   program must include mechanisms allowing workers to
   become permanent legal residents of United States . . .
   Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6v3c1_

INTERNATIONAL LABOR
   ILO members agree to assess social impact of
   globalization in what some are viewing as possible
   solution to WTO debate over linking trade and labor
   standards . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t1z0_

PREVAILING WAGES
   New York City begins making payments under $19.1 million
   settlement of prevailing wage claim filed on behalf of
   785 former construction workers employed on city housing
   projects . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6m5g7_

RACE DISCRIMINATION
   EEOC seeks permanent injunction to prevent Industrial Co.
   and TIC Holdings Inc. from engaging in discriminatory
   hiring and promotion practices . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k9x3_

RELIGIOUS DISCRIMINATION
   Federal Express agrees to modify "no-beard" policy to
   accommodate Muslim employees under consent decree . . .
   Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6q9q7_

SAFETY & HEALTH
   Industry groups applaud Bush administration nomination of
   John Henshaw for OSHA administrator . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u5u3_

SEX DISCRIMINATION
   Six current and former female employees file class action
   against Wal-Mart Stores Inc., alleging systematic
   discrimination against women in pay and promotion
   practices . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6v9t2_

SEXUAL HARASSMENT
   Federal jury awards $215,000 to female employee of L.L.
   Bean Inc. who claimed company failed to protect her from
   sexual harassment by male co-worker . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u2p6_

   Seventh Circuit rules defense peremptory challenges that
   left only men on sexual harassment jury were not
   discriminatory . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4g9p7e4_

TELECOMMUTING
   OPM report finds managers' willingness to experiment,
   self-starting employees, and clearly defined expectations
   are key ingredients to successful telecommuting . . .
   Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k8m8_

TRADE
   Coalition of roughly 300 business groups launches massive
   lobbying campaign to win congressional approval of new
   trade promotion authority . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6v3u0_

   Diverse coalition of labor, environmental, religious, and
   women's groups speak out against legislative proposal to
   grant president "fast track" authority to negotiate new
   trade agreements . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t2y0_

UNFAIR LABOR PRACTICES
   D.C. Circuit affirms five union advocates denied jobs or
   discharged from positions with Oregon electrical
   contractor because of union activity are entitled to back
   pay under NLRA . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u6w0_

UNIONS
   James E. Cole, general secretary of Bridge Structural and
   Ornamental Iron Workers, pleads guilty to embezzlement
   and making false entries in union records . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k7w7_

WORKFORCE REDUCTIONS
   New York Times Co. to reduce its workforce by up to 9
   percent this year . . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6w2w2_


______

TRENDS
______

REPRESENTATION ELECTIONS
   Preliminary findings from NLRB data analyzed by BNA PLUS
   finds number of representation elections and number of
   eligible voters in elections won by unions decreased in
   2000 from totals in 1999 . . . Page B-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6t6x2_


___________

LEGISLATION
___________

TAXES
    Economic Growth and Tax Relief Reconciliation Act of
   2001, contains tax breaks for employers offering tuition
   assistance and child care facilities or referrals, and
   more than 60 items affecting employer-sponsored pension
   plans . . . Page C-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5n4w1_


_____________

ECONOMIC NEWS
_____________

EMPLOYMENT
   Figures from Labor Department's Bureau of Labor
   Statistics show Pacific region posted highest
   unemployment rate in May, while New England still the
   lowest jobless rate . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6v8x9_


____

TEXT
____

LABOR LAW
   Ninth Circuit decision in "Cramer v. Consolidated
   Freightways Inc." . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k1k9_


______________

TABLE OF CASES
______________

Alverio v. Sam's Warehouse Club Inc. (7th Cir.) . . . Page
A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4g9p7e4_

Cramer v. Consolidated Freightways Inc.  (9th Cir. (en
banc)) . . . Page AA-1,  text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u5m8_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k1k9_

Crowley v. L.L. Bean Inc. (D. Maine) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u2p6_

Daino v. Hevesi (N.Y. Sup. Ct.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6m5g7_

Dukes v. Wal-Mart Stores Inc. (N.D. Cal.) . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6v9t2_

EEOC v. Federal Express Corp. (S.D. Ga.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6q9q7_

EEOC v. The Industrial Co. (D. La.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h5k9x3_

Tualatin Elec. Inc. v. NLRB (D.C. Cir.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6u6w0_

United States v. Cole (D.D.C.) . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4h6k7w7_

   __________
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