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PW: bnaweb22 -----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_ ___________________________________________________________ Daily Labor Report (ISSN 1522-5968) Highlights are published daily by The Bureau of National Affairs, Inc., 1231 25th St., NW, Washington, DC 20037. Registered Web subscribers can access the full text of these articles by using the URL link supplied. To register for a FREE Web trial, go to http://web.bna.com. For subscription information and other inquiries, call BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET), excluding most federal holidays. To request retransmission or to order a copy of the summarized article, contact 1-800-452-7773 or e-mail bnaplus@bna.com. For copyright guidelines, go to http://www.bna.com/corp/copyright. Copyright © 2001 by The Bureau of National Affairs, Inc. Washington, D.C. 20037. Use of this service is subject to the terms and conditions of the license agreement with BNA. Unauthorized access or distribution is prohibited.
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