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 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
Sent:	Sunday, November 18, 2001 11:17 PM
To:	BNA Highlights
Subject:	Nov. 19 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
November 19, 2001
______________________________

ISSN 1522-5968


__________

HIGHLIGHTS
__________


EIGHTH CIRCUIT AFFIRMS NLRB VIEW THAT TV STATION WORKERS NOT
SUPERVISORS

Substantial evidence supports the National Labor Relations
Board's ruling that a television station's assignment
editors and producers are not supervisors and therefore are
entitled to vote in a union election, the Eighth Circuit
rules ("Multimedia KSDK Inc. v. NLRB, "8th Cir., No.
00-1684, 11/15/01). The appeals court agrees with the board
that KSDK-TV in St. Louis committed an unfair labor practice
by refusing to recognize International Brotherhood of
Electrical Workers Local 4 as the bargaining representative
of a unit of news department assignment editors, producers,
and tape coordinators following the union's election win.
The television station refused to bargain, arguing the
assignment editors and producers are supervisors and
therefore not covered by the National Labor Relations Act.

The three-judge panel unanimously finds assignment editors
are not supervisors because they "largely react to incoming
news sources" and in "a mechanical and routine process"
assign photographers and editors and coordinate lunch
breaks. However, the panel splits 2-1 on the producers, with
the majority finding they act within a "collaborative
process" and do not exercise sufficient independent
judgment. . . . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c7x0_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d1d1_


AVIATION SECURITY BILL CREATES FEDERAL SCREENER JOBS

The House and Senate approve a conference agreement on
aviation security (S. 1447) that creates a federalized
baggage screening workforce for two years, clearing the way
for President Bush's signature. The Senate passed the bill
on a voice vote, and the measure then passed the House on a
vote of 410-9.

Bush says he will sign the measure. In a statement, the
president commends members of the conference committee for
reaching agreement on a measure "that puts the federal
government in charge of aviation security, making airline
travel safer for the American people." The bill provides a
one-year transition period before the new system is put in
place, with the federal government immediately assuming
responsibility for all baggage screening. . . . Page A-11,
Text E-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5h4z4_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d7g3_


HOFFA DECLARES VICTORY OVER LEEDHAM IN TEAMSTERS ELECTION

Teamsters President James P. Hoffa declares victory in his
bid to continue leading the 1.4 million-member union for the
next five years. Hoffa took an early and decisive lead over
Tom Leedham, out-polling his challenger by about 2-to-1 in
the ballots counted in the first three days of the week-long
tallying process.  Leedham concedes defeat, posting a
statement on his campaign Web site saying he had been
"outspent 10-to-1 by an incumbent with a famous name."

Flanked by members of his slate of executive board
candidates on the steps of the Teamsters headquarters near
Capitol Hill, Hoffa declares "the membership has spoken loud
and clear" by re-electing him. "They want a union that is
democratic and united. They want a union that is fiscally
responsible, yet forward looking," he says. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c9g9_


EMPLOYER'S REQUEST OF LEAVE DELAY MAY HAVE CHILLED FMLA
RIGHTS

The Sands Hotel and Casino may have violated the Family and
Medical Leave Act rights of one of its employees by asking
him to delay his leave until after the Memorial Day weekend,
a federal judge in New Jersey rules, rejecting the
employer's motion for summary judgment  ("Shtab v. Greate
Bay Hotel and Casino Inc., "D.N.J., No. 00-2122, 11/13/01).

 Ira Shtab, a cook at the hotel for five years, had sought
leave to care for his toddler son, who was
autistic."[R]easonable persons could conclude that [the
human resource representative's] request 'chilled' Shtab's
assertion of his rights under the FMLA or could conclude
that Shtab's decision to take leave over the Memorial Day
weekend contributed to the Sands's ultimate denial of his
request," Judge Orlofsky holds, allowing the employee to
proceed to trial with his claim. . . . Page A-7

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g3g3_


OSHA GUIDANCE ON ANTHRAX DISCUSSES RISKS, PRECAUTIONS FOR
BUSINESSES

OSHA issues promised guidance for employers responding to
anthrax exposure in the workplace. The "anthrax matrix,"
available on the agency's Web site, organizes possible
employer responses according to the likelihood of
contamination and worker' exposure to the bacteria.
Workplaces are categorized into three zones according to
level of risk: a green zone, where contamination with
anthrax spores is unlikely; a yellow zone, where
contamination is possible; and a red zone, where public
health or law enforcement authorities have confirmed or
strongly suspect anthrax contamination, or where an
emergency response and clean-up effort is under way.

The level of risk in any particular workplace is based on
various factors, the guidance says. These include the
current pattern of contaminated workplaces, the likelihood a
particular workplace would be a target or would receive mail
or other items from a contaminated facility, and the type of
workplace where the threat is being assessed. "Based on
information currently available, contamination with anthrax
spores ...  [is] unlikely in the vast majority of American
workplaces, represented by the green zone," the guidance
says.

Labor Secretary Chao cautions that the department is
providing needed guidance, not creating new requirements.
"The world has changed since Sept. 11," Chao says. "Threats
to our national security now can clearly involve the
workplace." . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5f2y0_


WORKER ALLEGING FORCED FMLA LEAVE FAILS TO SHOW ADVERSE JOB
ACT

A marketing graphics manager in Minnesota who alleged she
was constructively discharged after being forced to take
medical leave failed to establish that her employer violated
the Americans with Disabilities Act, the Minnesota Human
Rights Act, or the Family and Medical Leave Act, the U.S.
District Court for the District of Minnesota rules
("Tremblay v. Liberty Enterprises Inc., "D. Minn., No.
00-1983 (DWF/AJB), 11/9/01).

Each of Ruth A. Tremblay's claims required her to show that
she was subjected to an adverse job action, but she did not
meet that burden, Judge Frank finds, granting Liberty
Enterprises summary judgment on all the claims. "[N]o
reasonable jury could conclude that the incidents described
by Tremblay were severe and pervasive enough to compel a
reasonable person to quit," Frank decides. . . . Page A-9

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g8n5_


________________

ALSO IN THE NEWS
________________

CONSUMER PRICES: Plunging energy prices caused consumer
prices to drop 0.3 percent in October, the Bureau of Labor
Statistics reports. The decline brings the consumer price
index to 177.7 (1982-84=100), following a 0.4 percent
increase in September.  . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5e7r7_

REAL EARNINGS: The inflation-adjusted weekly earnings of
most U.S. workers rose by 0.2 percent in October, although
many industries posted declines over the year, according to
the Labor Department's Bureau of Labor Statistics. Average
hourly pay of production and nonsupervisory workers on
nonfarm payrolls edged up 0.1 percent in October, while
hours worked declined by 0.3 percent. . . . Page D-13

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c8h8_

APPROPRIATIONS: A comprehensive spending bill (H.R. 2500)
for fiscal year 2002 that includes an allotment of $310
million for the Equal Employment Opportunity Commission,
along with funding for other civil rights agencies, is being
sent to the president. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c4p6_


____

TEXT
____

NLRA: Decision of the Eighth Circuit in "Multimedia KSDK
Inc. v. NLRB". . . . Page E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d1d1_

AIRLINES: Excerpts from summary of conference report on
aviation security legislation. . . . Page E-5

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d7g3_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

NLRA
   Substantial evidence supports NLRB ruling that television
   station's assignment editors and producers are not
   supervisors and may vote in union election, Eighth
   Circuit rules . . . Page AA-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c7x0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d1d1_


____

NEWS
____

AIRLINES
   Clearing way for President Bush's signature, House and
   Senate approve conference agreement on airport security
   (S. 1447) that creates for two years federal workforce of
   baggage screeners . . . Page A-11,  Text E-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5h4z4_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d7g3_

APPROPRIATIONS
   House and Senate decisively approve comprehensive fiscal
   2002 spending bill (H.R. 2500) that includes $310 million
   for EEOC, along with funding for other civil rights
   agencies . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c4p6_

CANADIAN ECONOMY
   Major collective bargaining agreements settled in Canada
   during third quarter 2001 produced annual wage increases
   averaging 3.4 percent, up from 2.9 percent in second
   quarter, Human Resources Development Canada reports . . .
   Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4r9k0_

DISABILITIES
   California waived 11th Amendment immunity to claims under
   Rehabilitation Act by accepting federal funds under the
   act, Ninth Circuit rules . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5a6t4_

EEOC
   EEOC Chair Dominguez appoints Ann Colgrove, former
   commission aide, as director of office of communications
   and legislative affairs . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4y8m3_

EMPLOYMENT
   Faced with uncertain economy, employers are trimming
   hiring plans for first quarter 2002, according to
   Manpower Inc. survey . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g9q6_

FMLA
   Marketing graphics manager in Minnesota who alleged she
   was constructively discharged after being forced to take
   medical leave failed to establish that employer violated
   ADA, Minnesota Human Rights Act, or Family and Medical
   Leave Act, federal district court rules . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g8n5_

   Sands Hotel and Casino may have violated employee's
   Family and Medical Leave Act rights by asking him to
   delay leave, federal judge in New Jersey rules . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g3g3_

HEALTH CARE EMPLOYEES
   More than 2,300 technical and service workers at five
   Catholic Healthcare West hospitals in Sacramento and
   Southern California vote to join SEIU Local 250, but
   election outcome is unclear for unit of 435 technical
   workers in Sacramento . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c8r5_

   Registered nurses at Long Beach Memorial Medical Center
   in Long Beach, Calif., vote for representation by
   California Nurses Association . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5h6z8_

HUMAN RESOURCES
   Two surveys find that even as employers cut bonuses and
   workers' layoff fears increase in post-Sept. 11 economy,
   employees are growing more loyal to employers . . . Page
   A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4y4h0_

INTERNATIONAL LABOR
   Government and industry officials say Japanese employers
   are dissolving employee pension and health funds because
   of recession, weak stock prices, and introduction of
   defined contribution plans . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4t2u2_

NLRB
   Effective Nov. 20, NLRB no longer will permit fax filing
   of requests for review of regional director decisions . .
   . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5e2w5_

RACE DISCRIMINATION
   Race bias case against Adam's Mark Hotels and Resorts
   chain should not proceed as national class action because
   employment decisions were made by local hotel management,
   federal magistrate judge rules . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4x1w5_

SAFETY & HEALTH
   National Association of Manufacturers and OSHA settle
   lawsuit over safety agency's revised recordkeeping rule,
   with OSHA pledging to refrain from enforcing regulation
   during first 120 days it is in effect . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5h2e9_

   OSHA issues guidance for employers to use when responding
   to anthrax exposure in workplace . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5f2y0_

TEAMSTERS
   Even before all ballots are counted, Teamsters President
   Hoffa declares victory in bid to continue leading 1.4
   million-member union for next five years . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c9g9_

TRADE
   House Majority Leader Armey (R-Texas) announces that
   House will vote in early December on measure to renew
   president's trade promotion authority . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g8a4_

   House passes by voice vote measure (H.R. 3009) to extend
   Andean Trade Preference Act and to expand its product
   coverage . . . Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5f4g2_

VETERANS
   Senate passes by voice vote bill that includes $50
   million to help homeless veterans enter workforce . . .
   Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5h0t6_

WORKFORCE REDUCTIONS
   Agilent Technologies Inc. will cut 4,000 more jobs in
   addition to 4,000 cuts announced in August as part of a
   continuing effort to cut costs . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d9n4_


_____________

ECONOMIC NEWS
_____________

CONSUMER PRICES
   Plunging energy prices caused consumer prices to drop 0.3
   percent in October, according to Labor Department's
   Bureau of Labor Statistics . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5e7r7_

PRODUCTION & CAPACITY
   Industrial output fell 1.1 percent in October to level
   6.3 percent below year ago, Federal Reserve reports . . .
   Page D-17
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5h1b5_

REAL EARNINGS
   Inflation-adjusted weekly earnings of most U.S. workers
   rose by 0.2 percent in October, although many industries
   posted declines over year, Labor Department's Bureau of
   Labor Statistics says . . . Page D-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c8h8_


____

TEXT
____

AIRLINES

   Excerpts from joint explanatory statement by
   congressional conference committee on aviation security .
   . . Page E-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d7g3_

NLRA
   Eighth Circuit decision in "Multimedia KSDK Inc. v. NLRB"
   . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d1d1_


______________

TABLE OF CASES
______________

Douglas v. California Dep't of Youth Auth. (9th Cir.) . . .
Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5a6t4_

Multimedia KSDK Inc. v. NLRB  (8th Cir.) . . . Page AA-1,
Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5c7x0_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5d1d1_

National Ass'n of Mfrs. v. Chao (D.D.C.) . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5h2e9_

Shtab v. Greate Bay Hotel and Casino Inc. (D. N.J.) . . .
Page A-7
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g3g3_

Tremblay v. Liberty Enters. Inc. (D. Minn.) . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5g8n5_

Vinson v. Seven Seventeen HB Philadelphia Corp. No. 2 t/a
Adam's Mark Hotel (E.D. Pa.) . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y4x1w5_

   ___________________________________________________________
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