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Vol. 23, Nos. 1-43, pp. 1-1740 Jan. 1-Oct. 29, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
AAA
Conferences and meetings
Conscience laws, HHS issues final rule to enhance protections for health care workers with religious or moral objections to health care services, 19; Conn. AG calls HHS rule unlawful and unconstitutional, 123; HHS proposes to rescind law, 397
Flexibility policies, experts discuss benefits, 908
Leave
Emergency nurses subjected to physical and verbal abuse, survey, 1351
Protected concerted activity, using profanity to describe executive not protected (4th Cir.), 485
Chemical release reporting regulation, CSB seeks comments on establishing, 1068
Combustible dust explosions and fire at sugar refinery preventable, CSB report finds, 1560 Fatalities
See FATALITIES
ADA, fired pilot instructor with sleep apnea urges resolution on whether burden shifting is appropriate (U.S., rev den), 646
Religious practices, Ore. gov. signs bill, In Brief, 1196
Pensions
ERISA actuarial equivalence requirement, challenge to whether Xerox's calculation methods violate (U.S., invitation to file brief), 365
Reporting requirements, PBGC issues update waiving for certain controlled groups with defined benefit plan underfunding, 20
NLRB, Carissimi appointed, 1495; Amchan named, D.C., 1739
Reporting requirements, DOL rule requiring UTU's designated legal counsel for workers comp cases to file LM-10 form upheld (11th Cir.), 1341
Ass'n of Natl. Adver./Am. Ass'n of Adver. Agencies, pact attained with SAG and AFTRA, 555; joint board urges ratification, 635; pact ratified, In Brief, 843
Health care reform
Chamber of Commerce launches advertising and grassroots campaign in five states, In Brief, 1229
Labor and advocacy coalition will spend $82M on grassroots campaign, 886; AFL-CIO launches mobilization effort during congressional recess, In Brief, 1288; plans to pass bill outlined, Labor Day briefing, 1433 Single-payer system, union leaders form new group to launch grassroots campaign, conference, 147
Bell Helicopter Textron, UAW Local 216 workers strike after rejecting best and final pact offer, 960; pact ratified, 1210
Boeing
Layoffs announced, 88; 10K job cuts announced, Special Report, 219; voluntary layoff plan negotiated with IAM Dist. 751, 1244
Reclassification of employees from RLA to NLRA would cancel purchase order, FedEx says, 513 Wichita, Kan., previously stalled contract talks set to resume, 15; SPEEA advises members to reject pact, 199; members reject best and final offer, 240; pact offer accepted, 516 Cessna Aircraft, layoffs announced, 88; 4.6K job cuts announced, 221; 2.3K more jobs will be cut over next 2 months, 714; 1.3K more jobs cut, 1002 Lockheed Martin, OPEIU and IBEW approve separate pacts, 843 Machinists (IAM), pacts with
See MACHINISTS (IAM)
Raytheon, retirees sue over health benefit changes in violation of ERISA and LMRA (D. Ariz.), 685 Sikorsky Aircraft and IBT Local 1150 ratify pact, 281 Spirit Aerosystems, SPEEA members will vote on pact that includes controversial overtime and pay provisions, 1130; offer rejected, parties to renegotiate, 1210; SPEEA urges ratification, 1548; pact ratified, 1626 Textron, ERISA, long-term disability misrepresentation not intentional, reliance claim rejected, fraud claim preempted (U.S., rev den), 686 United Techs., job cuts announced as part of restructuring effort, 392 Vought Aircraft, IAM Local 735 strikers notified of move for replacements, 91; pact approved ending 15-week strike, 126
Local 1069, pact ratified with Boeing Rotorcraft Sys., 1670
CTW
See MERGERS, UNION
Workers United Conf. of SEIU, new union affiliates with SEIU, 471; GEB elects former UNITE general president Raynor president, 881; SEIU IEB names Raynor executive VP, 957; status hearing reviews ownership of UNITE HERE assets, attorney conflict of interest questioned (S.D.N.Y.), 1166
Appointments and personnel changes
Executive Vice Pres., Baker elected, 1453
Outgoing president Sweeney discusses EFCA, disaffiliation, organizing, politics, post-retirement plans, BNA Interview, 1429; Sweeney addresses delegates, highlights highs and lows of 14-year tenure, convention, 1482 President, Trumka announces intent to run, 1083; Trumka elected President, 1453 Sec'y-Treas., IFPTE President Junemann announces intent to run, 951; Junemann ends bid, supports Trumka, 1206; Shuler elected, 1453 Convention, approved resolutions include, fair value for fair work, global fair deal, Am. investment, financial regulation, EFCA, Healthy Families Act passage, minimum wage hike, stronger FMLA, manufacturing modernization, 1480; Sweeney addresses delegates, highlights highs and lows of 14-year tenure, 1482; cost cuts expected to balance budget, generate small surplus, 1521 Economic outlook, AFL-CIO Sec'y-Treas. urges younger workers to shape labor movement's agenda, conference, 1665 Employee Free Choice Act (EFCA)
Capitol building, supporters rally, Chamber opposes, 258; Biden supports, key to rebuilding middle class, winter meeting, Special Report, 416
Compromise without card check provision reached, Specter (D-Pa.) says, AFL-CIO has not signed-off on it, convention, 1478; delegates approve resolution to pass bill, 1480; Solis address touts changed DOL, moral obligation, urges passage, 1481 Labor Day briefing, plans to continue grassroots effort to pass bill outlined, 1433 Natl. Labor Coordinating Comm. (NLCC) members meet with Obama to discuss EFCA (HR 1409, S 560), health care and the economy, 1125 Gaming Workers Council, AFL-CIO, UAW and TWU leaders announce formation to gain contracts for employees, 430 Green jobs
Domestic investment, greening of economy should focus on, Trumka says, 251
Training and workforce development, initiative launched, conference, 252
Labor and advocacy coalition will spend $82M on grassroots campaign, 886; campaign will be launched during congressional recess, In Brief, 1288; plans to continue grassroots effort to pass bill outlined, Labor Day briefing, 1433
Public option working in San Francisco, mayor and Sweeney say, 1386; Trumka will challenge Democrats who fail to support option, 1436; Obama vows to include in bill, convention, 1479; mobilization continues, pushing for public option, 1622; Trumka urges robust option, employers fair share payment, no taxes for working families, 1705 Single-payer universal system, delegates endorse resolution urging Congress to enact, convention, 1479 Urgent overhaul, most workers agree need for, survey, 1033
H-2B visas, disappointment with new final rules expressed, 17
Reform plan with CTW to push for comprehensive bill unveiled, 5 points outlined, 589; Obama expected to advance, but does not expect completion this year, Special Report, 654; independent panel to determine labor market needs for job visas proposed, conference, 857; business groups skeptical of proposed fed. commission created to determine labor market needs, 1111 Modernization, unions meet to outline ways to strengthen federation, blueprint will be presented at Sept. convention, 883 Preserving Union Values Charitable Foundation planned to preserve labor heritage, mobilize retirees, Special Report, 1230 Racketeering, former N.Y.C. Cen. Labor Coun. sentenced to 10 years (S.D.N.Y.), 840 Reunification of labor movement discussed by AFL-CIO and CTW heads and presidents of largest unions, 85; Bonior (D-Mich.) says talks progressing, proposal on structure for organization and passage of EFCA (HR 1409, S 560) discussed, 85; executive council approves unity talks with CTW and NEA, 389; UNITE HERE Gen. Ex. Bd. votes to reaffiliate with AFL-CIO and disaffiliate with CTW, SEIU interference cited, 427; unification talks on key issues progress, Bonior will chair Natl. Labor Coordinating Comm. (NLCC), 549; CWA delegates adopt resolution calling for unified labor movement, convention, 1019; UFCW president addresses UNITE HERE delegates on the outlook for labor reunification, convention, 1098; Trumka vows to reunify labor movement and reach out to minorities, women and youth, 1153; UNITE HERE reaffiliates with AFL-CIO, Wilhelm named to executive council, committee, AFL-CIO convention, 1519; AFL-CIO delegates urge CJA to return or face competition with AFL-CIO-certified rival union, convention, 1522 Swine flu (H1N1), OSHA, NIOSH, CDC meet to discuss protection measures, 1268 Tax-exempt status, AFL-CIO and CTW file complaint against two unions with §501(c)(3) status for endorsing GOP senatorial candidates, 351 Unemployment LifeLine website launched with Working Am., gives data about local job aid resources, 594 Washington-Baltimore Newspaper Guild (WBNG), 1-year pact extension approved, includes successor clause, 1625 Younger workers under age 35 worse off economically than in 1999, survey, 1433
See BLACKS
Cash balance pension plans
Plant closing, LMRA preempts state claims of employees denied severance benefits under agreement (6th Cir.), 24 UUR files claims against SEIU international with EEOC, 430
Cash balance pension plans
Inference, older couriers failed to individually or collectively support allegations, claims dismissed (S.D.N.Y.), 1345 Labor Outlook 2009, SplSupp (01/29/09) Lilly Ledbetter Pilot pensions, ALPA bid to speed up appeal over legality of target benefit plan rejected (D. Minn.), 1380
See specific agencies
See specific states
Litigation costs, Me. State Employees Ass'n did not violate First Amend. rights of objecting nonmembers by charging fees (U.S., aff), 170
Renewals, USW requirement to file annual objections to nonrepresentational use does not breach fair representation duty (NLRB ALJ), 1298 Wash. Ed. Assoc., nonmembers lack private right to sue union for violation of state law but may sue for restitution (Wash. Ct. App.), 23
Agric. Jobs Opportunities and Benefits Act (AgJOBS)
Bimbo's Best Produce, forced labor, safety, and pay violations alleged by temporary guest workers in suit against strawberry farm (E.D. La.), 33 Galvan Bros., Valley Pride, Young's Nursery of Thermal, Salvador Alvarado, Joel Salazar Farm Labor, Cal/OSHA shutdown contractors for violating heat illness prevention rules, 901; Cal/OSHA fails to pass revised standard, 1226; Cal/OSHA shutdown two San Joaquin Valley farm labor operations, 1689 Organizing, Cal. Senate clears bill creating card check procedures for farmworkers, modeled on EFCA, 697; gov. vetoes bill, In Brief, 1444 SGLC, FLSA class action conditionally certified, contractor's failure to reimburse Mex. workers violated minimum wage requirements (E.D. Cal.), 288; relocation reimbursement to guest workers resulting in pay less than minimum wage not FLSA violation, ETA withdraws interpretation, 517 Soil fumigant pesticides, farmworker coalition cites health hazards, asks EPA to reconsider decision allowing use, 1024 Tomato pickers, Bon Appetit Mgmt. and Coalition of Immokalee Workers (CIW) reach FLSA pact agreement, 713; Compass Group and CIW reach agreement on improving working conditions, pay, 1544 Visas, H-2B
See VISAS
Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agric. Prods., sec'y appoints 13 members, 1613
Alaska Airlines, agreement in concept reached, 433; pact ratified, 841
Atlas Air Worldwide Holdings, pilots vote to replace ALPA with IBT, 16 DHL Holdings, Astar Air Cargo, ALPA accord protects pilots from furloughs and pay cuts, shares $300K in damages (Ohio Ct. C.P., Cir.), 882 Flight disruptions, decision ALPA engaged in sick-outs and slowdowns affirmed (7th Cir.), 403 Natl. Pilots Ass'n vote to merge with ALPA, 593; ALPA Ex. Bd. approves merger, In Brief, 715 Northwest Airlines, pensions
ERISA, ADEA, ALPA bid to speed up appeal over legality of pilot pensions rejected (D. Minn.), 1380
Older pilots, fair representation duty breached by bargaining for pension biased against, claim may proceed (D. Minn.), 772 Safety
Reg'l airlines that outsource and hire inexperienced pilots risk public safety, ALPA head tells House panel, 1550
Rest requirements for pilots and flight attendants, American, Continental, and others sue FAA (D.C. Cir.), 103; FAA withdraws minimum rest requirements, 479; ALPA and trade groups offer differing views over FAA plan to update pilot flight and duty-time rules to prevent fatigue, Senate panel hearing, 1008; FAA head announces expedited review of flight- and duty-time rules for commercial pilots, 1047; FAA head seeks expedited rulemaking to update pilot flight- and duty-time rules, 1312 UAL, AFT, IAM and ALPA request NMB help with bargaining talks, 1290 United Airlines, ALPA must defend pilots' fair representation duty class action challenging allocation of proceeds of convertible notes (N.D. Ill.), 1297; no fair representation duty breach, summary judgment granted to ALPA (N.D. Ill.), 1517
President, Rinaldi elected, 1568
AirTran Airways
IAM files petition with NMB to represent fleet and passenger service and reservation agents, 1088
IBT Local 528, pact ratified, 1710 Natl. Pilots Ass'n vote to merge with ALPA, 593; ALPA Ex. Bd. approves merger, In Brief, 715
AFA-CWA, tentative agreement on pact extension reached, 282; pact ratified, 433
ALPA, agreement in concept reached, 433; pact ratified, 841 AMFA Ore. wage law, RLA no bar to class action, claim revived, ordinary, complete preemption distinguished (9th Cir.), 250
APA plan to discourage pilots from volunteering for optional flights constitutes economic self-help, disrupts operations, violates RLA (D.D.C.), 1418
Job cuts announced, 959 RLA claim challenges validity of Restructuring Participation Agreement, summary judgment on RLA provisions, state law and fair representation claims affirmed (2d Cir.), 1555 Amerijet and IBT ratify pact ending 2-week strike, 1460 Business or company pilots, FLSA position of non-enforcement reaffirmed, Wage and Hour Op. Letter, 498 Cape Air, IBT Airline Div. removes IBT Local 747 as bargaining agent, 552; Cape Air Pilots Ass'n elected bargaining agent, 762 Colgan Air, Senators seek DOT IG probe of FAA small carrier regulations, if fatigue and lack of pilot training caused crash, 859 Continental Airlines
ERISA requirements for QDRO, attempt to recoup pilots' benefits obtained in sham divorce fails (S.D. Texas), 1721
Layoffs announced, 1167 Organizing fleet service employees, aviation technicians, IBT Pres. urges airline to cease anti-union activities, 1172; IBT files petition to represent fleet service workers, 1671
AMFA certification to represent mechanics, NMB accepts request to end, Delta vows to align pay, benefits and work rules, 352
Seniority, plan for single list of two groups of flight attendants supported despite AFA-CWA RLA claim (D.D.C.), 277 Voluntary severance will be offered to most employees, flying capacity reduced, 10; over 2K employees accept offer, 313
AFA asks NMB to declare single transportation system to spur representation election, 1211; delaying election while NMB considers request to change voting rules opposed, 1620
IAM asks NMB to declare single transportation system for three job classifications, 1329 Fed. Aviation Act reauthorization
AFA-CWA files petition with NMB seeking represent election, 1581
Bankruptcy, approval sought for a reorganization plan to allow Republic Airways to buy airline (Bankr. S.D.N.Y.), 1084; order allowing airline to reject IBT pacts overturned (S.D.N.Y.), 1218; pact attained with IBT Local 961, 1291; Republic Airways wins auction bid to acquire Frontier Airlines, 1331; pact ratified clearing way for Republic to buy Frontier, 1504 Pilots union pact attained, 14; ratified, 52 Hawaiian Airlines
AFA-CWA, pact attained, 357; pact ratified, 515
IAM Dist. 141, pact attained, 395; pact rejected, 515 JetBlue, skycaps claim that carriers violated Mass. wage law by instituting bag fees dismissed, FLSA claim may proceed (D. Mass.), 1346 Mesa Air Group, scheduling issues ruled minor dispute under RLA subject to arbitration, injunction overturned (9th Cir.), 935 Pilot unions
ALPA
See TEAMSTERS (IBT)
Southwest Airlines Pilots Ass'n (SWAPA), agreement reached with SWA, 198; pact attained, 717; pact narrowly rejected, 926; pact attained, 1504 USAPA
See PILOTS (USAPA)
Safety and pilot training improvement Southwest Airlines
ADA and FMLA, instructor with sleep apnea fired for poor performance, urges resolution on whether burden-shifting is appropriate (U.S., rev den), 646
IAM Dist. Lodge 142, pact attained, 717; pact ratified with customer service and reservation agents, 1003 Southwest Airlines Pilots Ass'n (SWAPA), agreement reached, 198; pact attained, 717; pact narrowly rejected, 926; pact attained, 1504 Transport Workers (TWA)
Local 555, pact attained, 357; pact ratified, 514
Local 556, pact ratified, 841 Transportation law changes expected under Obama administration, conference, 446; reclassification of employees from RLA to NLRA would cancel aerospace purchase order, FedEx says, 513 UAL, AFT, IAM and ALPA request NMB help with bargaining talks, 1290 United Airlines
Flight disruptions, decision ALPA engaged in sick-outs and slowdowns affirmed (7th Cir.), 403
Safety, mechanic may pursue claim for firing in retaliation for complaining about federal violations (N.D. Ill.), 61
Alaska Airlines
Dues, mechanic who failed to object to paying, fired for nonpayment (U.S., rev den), 724
Technicians, tentative agreement on pact extension reached, 926; pact ratified, In Brief, 1292 Horizon and Alaska Airlines, IBT confident it will oust AMFA as representative of mechanics, 312; IBT wins representation vote, 638
Mechanic may pursue Ill. law claim for firing in retaliation for complaining of federal safety rule violations (Conn. App. Ct.), 61
Combustible dust, OSHA inspections trigger citations, 1104
Guatemalan unions dismissal of claims affirmed (11th Cir.), 1376
Murder and torture of Colombian union leaders
Ala. coal firm and foreign subsidiary not liable for crimes by mercenary soldiers (11th Cir.), 26
Bottling and beverage firms, dismissal of leaders' claims affirmed (11th Cir.), 1377
American Airlines, discouraging pilots from volunteering for optional flights constitutes economic self-help, disrupts operations, violates RLA (D.D.C.), 1418
Rest requirements for pilots and flight attendants, American, Continental, and others sue FAA (D.C. Cir.), 103; FAA withdraws minimum rest requirements, 479; ALPA and trade groups offer differing views over FAA plan to update pilot flight and duty-time rules to prevent fatigue, Senate panel hearing, 1008; FAA head announces expedited review of flight- and duty-time rules for commercial pilots, 1047; FAA head seeks expedited rulemaking to update pilot flight- and duty-time rules, 1312
Application form, NMB proposes negotiators to submit, In Brief, 1512
Due process protocol, attorneys and arbitrators oppose reworking, NAA guidelines favored, conference, 333 ULP, NLRB makes program permanent for pending cases, 517
Rapid resolve program in development for adjudication of simple labor disputes, 907
Meetings
See AFL-CIO
Safety and health standards, USW quits consensus talks with petroleum industry, 1305
Cal.'s In-Home Supportive Servs. program, SEIU and NUHW challenge whether proposed pay cuts violate ARRA terms, 758; preliminary injunction granted halting pay cuts (N.D. Cal.), 1041; emergency stay of preliminary injunction enjoining Cal. from implementing pay cuts denied (9th Cir.), 1179; Fresno County's request for dismissal rejected (N.D. Cal.), 1717
Infrastructure, CRS reports on job creation estimates, explains model limitations, lack of data for green jobs sector, 1273 Job creation
See HIRING
Middle-class working families task force, Obama announces creation of Biden-led task force, 16; Obama launches, 191; green jobs and impact on middle class discussed, meeting, 373; Biden says ARRA should lay foundation for new economy, Educ. Sec'y urges commitment to education funding, 474; Solis offers green jobs training funds for communities affected by auto restructuring, 839; task force focuses on manufacturing, 1000; Biden proposes creating green jobs by retrofitting homes to improve energy efficiency, 1667 OIG semiannual report, agenda includes oversight of DOL spending, safety and health, Job Corps, procurement integrity, foreign labor certification programs, legislative recommendations, 887 OSHA inspections to increase on federal worksites for ARRA-funded projects, special focus on construction, Solis tells cabinet heads, 860 Procurement, Buy Am. provisions and expansion of Berry Amend. requirements included, would create textile and apparel jobs, 319; OMB issues guidance, In Brief, 682; business groups say provisions are hindering projects, jobs and endangering exports, 1692 Recession
Economic outlook, CBO says stimulus will not end, but prevent longer-lasting slump, 292; economists say stimulus will shorten recession, efforts to loosen credit ineffective, NABE survey, 375
Women, effect on, changes to UI and job training urged, conference, 414 TAA, DOL gives states $455M under ARRA for FY2009, In Brief, 988 Unemployment insurance, Fla. legislature let bills die that would use stimulus funds to cut taxes, expand benefits, 783
Transp. Worker Identification Credential (TWIC), DHS issues final rule to exempt some foreign workers from obtaining, 517
Accommodation
See ACCOMMODATION
Litigation shift, major changes summarized, meeting, 1732
Proposed rules, EEOC clears notice interpreting act, 1006; EEOC seeks comments on proposed revisions, 1508 Essential job functions, retirees not qualified to perform key tasks lack standing to sue over pension cuts (U.S., rev den), 1060 Family leave benefits in U.S. detailed, CRS report, 990 Health risk assessment as requirement for participating in HRAs potential violation, EEOC says, 1649 Influenza pandemic, ADA application, CRS report, 1735 Major life activities, whether driving in rural areas is or is not challenged (U.S., rev den), 566 Pattern or practice, no return to work with medical restrictions, class certification overturned, individual members not determined to be qualified (3d Cir.), 1257 Resignation without notice, arbitration ruling on whether union pact bars re-litigating issue in related suit challenged (U.S., rev den), 324 Swine flu, EEOC issues technical assistance on keeping compliance, 764
See NURSES (ANA)
E-Verify creates fight over preemption of state and local immigration laws, Special Report, 616 et seq.
Electronic monitoring of Web postings on blogs or social networking, experts offer employers tips for avoiding liability, 1151 Federal contractors, businesses criticize NLRA employee rights notice, 1642 et seq. 401(k) plans, recession causes employers to cut or eliminate matching contributions, legal and regulatory issues highlighted, 820 et seq. Furloughs impact on 401(k) plans, health coverage, pension vesting, COBRA subsidies, fringe benefits highlighted, 941 et seq. Health insurance reform
Large employer, advisers offer tips for winning support, 1188
San Francisco's pay or play requirement, employers grappling with taxes and payment options, legal challenges continue, 904 Organizing, proposed EFCA, labor and management forces gear up for fight over expected bill, 35; state secret ballot initiatives prompt debate over NLRA preemption and constitutionality, attorneys say, 533; lawmakers and experts offer alternative proposals, compromises and legislation to EFCA (HR 1409, S 560), supporters and critics hold firm to stance on bill, 736 et seq.; 12 Democratic senators wavering on bill in it's present form as negotiations continue, 1025; EFCA first contract arbitration provision, attorneys explain implications, schemes used in public sector and Canada, 1307 et seq. RICO Act claims used as tool to combat illegal hiring likely to increase, 1106 Tip pooling among Starbucks baristas, shift supervisors and shift leads lawful, attorneys voice differing views over impact of ruling, 982
Employee benefits report, BLS, Mar. 2009, 1265
Family-friendly policies, unionization has positive impact, except in flexible work arrangements, report, 1197 Forced vacation leave during temporary plant shutdown has no effect on salaried workers' FLSA-exempt status, Op. Letter, 460
Arbitration of class claims allowable even where pact is silent in shipping pact (U.S., rev grant), 967
Conspiracy to depress nurses' wages
Albany hospitals seek preliminary approval of settlement of class action (N.D.N.Y.), 388
Detroit hospital and two RNs seek preliminary approval of class accord (E.D. Mich.), 522; hospital not entitled to claims dismissal by RNs alleging Sherman Act violation (E.D. Mich.), 523
Am. Etc. d/b/a Royal Laundry, representation election petition dismissed, Workers United Local 75 is bargaining representative despite disaffiliation from UNITE HERE (NLRB), 958; ruling upheld, review denied (NLRB), 1221
Cintas
Card check/neutrality agreement, racketeering and trademark infringement claims against UNITE HERE, IBT and CTW dismissed (S.D.N.Y.), 390
Driver's Privacy Protection Act, whether UNITE HERE violated by using motor vehicle records to find employees' home addresses during organizing drive challenged (U.S., rev den), 483; Cintas employees not entitled to punitive damages, jury trial denied (3d Cir.), 1344 Living wage, limitations on Los Angeles ordinance invalidated, attorney says firm may be liable for substantial awards (Cal. Ct. App.), 161 Occupational safety and health, six safety cases settled with OSHA forcing pay outs, facilities enhancements, and added safety staff, 32 Forest Uniform, N.Y. Labor Dep't confiscates goods and factory equipment for labor violations, 745 Hartmarx, Workers United threaten sit-in if creditors liquidate and close plant, 755 Jones Apparel Group, 1K job cuts announced, 715 Tech. Garment USA, N.Y. Labor Dep't tags garments until restitution made to underpaid workers, 745
ADA, challenge to whether worker who resigned without notice under terms of union pact bars re-litigating issue in related suit (U.S., rev den), 324
Arbitrator roster and incorporation of FOIA amendments, FMCS will issue final rules by end of year, 789 Back pay, USW Local 812 not obligated under CBA to for time reinstated employee out of work, despite delay in demanding arbitration (8th Cir.), 1515 Carpenter funds, ruling that furniture service only remit benefit fund contributions for union members exceeds power to interpret scope of CBA, award vacated (D.N.J.), 399 Class claims, tire firm's dispute with USW over health and pensions subject to arbitration (4th Cir.), 969 Collectively bargained benefit plans
USW Local 4-5025, changes by chemical firm must be arbitrated with (2d Cir.), 727
USW Local 943, changes by chemical firm must be arbitrated with (3d Cir.), 1139 EFCA first pact arbitration provision, attorneys explain implications, schemes used in public sector and Canada, Analysis and Perspective, 1307 et seq. ERISA, challenge to whether arbitration with union over amendments chemical firm made to employee benefit plans required (U.S., rev den), 171 Globe Newspaper, LMRA §301, arbitrator's award of second-generation interest arbitration lacked employer consent, vacated (D. Mass.), 1378 Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (U.S., rev grant), 1057 Hours of work, Spirit Airlines and ALPA grievance over 5/4 days off sustained by arbitration board, 477 Jurisdiction, federal courts urged to look through petition under FAA §4 in deciding to compel (U.S.), 401 Labor Outlook 2009, SplSupp (01/29/09) Mandatory Organizing, pharmacy not bound to arbitrate grievances over refusal to give UFCW Local 1776 access to nonunion stores (M.D. Pa.), 643 Parties to agreement, union waited too long to compel arbitration by former employer not a party to current pact (6th Cir.), 22 Pay adjustment, voice-mail clerks owed retroactive pay for additional assigned duties per CWA pact, award reinstated (D.C. Cir.), 1180 Plant closings and layoffs, steel firm's proposal to shut down plant and layoff workers violates USW pact, 1181 Railroad industry, NMB closes over 7K grievance cases in FY2009, 1716 Railway Labor Act
Due process, challenge to whether Natl. RR Adjustment Bd. panel violated BLET's rights by dismissing grievances (U.S., rev grant), 322; (U.S., oral arg), 1633
Flight attendant scheduling disagreement ruled minor dispute under RLA subject to arbitration, injunction overturned (9th Cir.), 935 Successor hiring UFCW-represented workers must arbitrate if bound by substantive terms of CBA (2d Cir.), 1635 Travel pay dispute, award favoring SMWIA Local 33 vacated, grievance was untimely (6th Cir.), 1054 UNITE HERE convention, using arbitration to resolve dispute with Workers United rejected, 15 union presidents pledge solidarity, 1063 Wal-Mart Canada, arbitrator awards first labor pact for St-Hyacinthe, Quebec outlet to UFCW Local 501, 592
Bargaining, E.O. sets up process to allow state employee representatives to meet with agency employers, incoming gov. may rescind, 40
E-Verify creates fight over preemption of state and local immigration laws, Special Report, 616 et seq. EFCA, 2010 ballot initiative seeks to preempt congressional legislative proposal, 1319 Fair representation duty, CWA member failed to prove employer breached by limiting back pay for wrongful discharge (8th Cir.), 853 Gun law enacted, 1696 Save Our Secret Ballot, business-backed group announces campaign urging states to adopt constitutional amendments requiring for union representation, 70; state secret ballot initiatives prompt debate over NLRA preemption and constitutionality, attorneys say, Analysis and Perspective, 533 Swine flu, state health departments disregarding CDC guidance, SEIU preliminary analysis, 819
Save Our Secret Ballot, business-backed group announces campaign urging states to adopt constitutional amendments requiring for union representation, 70; state secret ballot initiatives prompt debate over NLRA preemption and constitutionality, attorneys say, Analysis and Perspective, 533; AG rejects amendment, 987
Asbestosis rate not decreasing despite years of regulation, NIOSH study, 34
Federal Employers Liability Act (FELA)
Emotional distress, fear of developing cancer valid basis for damages only where shown to be genuine and serious, $5M award overturned due to improper jury instruction (U.S., rvs), 892
Ohio law requiring plaintiffs suing in state court on asbestos claims under FELA produce threshold medical evidence stands (U.S., rev den), 99
See VIOLENCE
See DUES, UNION
Avery Heights, challenge to whether failure to reinstate strikers while secretly hiring permanent replacements violates NLRA (U.S., rev den), 1632
Sequoias Portola Valley, NUHW certified as bargaining agent, 1627
Job satisfaction
See JOB SATISFACTION
Client privilege, challenge to whether employer may immediately appeal a discovery order to disclose materials covered by privilege (U.S., oral arg), 1597
Fees
See ATTORNEYS' FEES
Skip counsel rule, NLRB memo outlines policies regarding contacts with parties and witnesses represented by counsel, 1628 Winston & Strawn's, former solicitor of labor Jacobs joins practice, 1495
Agency fee objections, Me. State Employees Ass'n did not violate First Amend. of objecting nonmembers by charging fees for litigation costs (U.S., aff), 170
Ill., temporary labor services may recover fees in breach of contract suits, 1388 Reporting requirements, DOL rule requiring UTU's designated legal counsel for workers' comp cases to file LM-10 form upheld (11th Cir.), 1341 Whistleblower retaliation, OSHA orders withdrawal of defamation claims and payment of legal fees (Conn. Super. Ct.), 610
Bally's Atlantic City, members authorize strike if pact agreement not reached, 1168
Big Three
Job banks program for laid-off workers, UAW agrees to end, 195
National labor pacts, tentative understandings to modify reached, talks about VEBA continuing, more job cuts and plant closings expected, 271 Caesars Atlantic City, members authorize strike if pact agreement not reached, 1168 Canadian Auto Workers Caterpillar
Local 974, job cuts of 20K workers worldwide announced, 166; additional 2K workers cut, Special Report, 220; voluntary buyout package offered to 2K production employees, 278; additional 2.5K job cuts announced, 431
Retirement-eligible workers when 1988 pact expired not entitled to vested, free lifetime benefits, class LMRA and ERISA claim rejected (6th Cir.), 209
Fiat, nonbinding agreement to form global strategic alliance assets reached, 163; 30 days of working capital granted while technology sharing pact secured, 507; sale to Fiat granted despite challenges raised by Ind. pension funds (U.S., stay lifted), 919
Production halted for one month due to consumer credit crunch, 11 Restructuring, bailout funds expected contingent on showing of progress toward profitability, worker concessions critical, 5; White House creates task force to oversee progress, 271; White House urges more comprehensive plans with tougher concessions, 507; UAW to vote on pact to aimed to avoid bankruptcy, meet White House demands, 667; UAW votes to ratify concessions, talks with debt holders break down, petition for bankruptcy protection filed (S.D.N.Y.), 712; EBSA proposes prohibited transaction exemption to transfer $4.59B to retirement health plan, 1583
Free, lifetime benefits, vested right to receive, CNH not barred from changing scope or form (6th Cir.), 1220
Reduction in benefits, UAW did not breach CBA by supporting retirees suing over (E.D. Mich.), 1182 Deere, 6-year master pact ratified, 1575 Domestic auto manufacturing industry, government urged to support with taxpayer funds, five-point revitalization plan listed, 862 Ford, modification to 2007 pact, tentative funding agreement to modify VEBA trust provision reached, 314; ratification vote expected by Mar. 9, 355; concessionary changes to 2007 pact approved, 393; pact changes will save $500M annually, 432; Ford allowed to fund stock portion of contributions to VEBA, 1206; pact ratification urged, 1623; UAW officials highlight tentative changes, 1668 Foxwoods Resort Casino dealers, UAW and Gaming Enter. continue talks under tribal law for first pact, 923; correction, 966 Freightliner pact with card check provision did not violate LMRA (4th Cir.), 8; (U.S., rev den), 1593 Gaming Workers Council, AFL-CIO, UAW and TWU leaders announce formation to gain contracts for employees, 430 GM
Financial report, net losses of $9.6B for 4th quarter, $30.9B for 2008, continuation of business doubtful, 353
LMRA §301 preempts workers breach of contract and promissory estoppel claims under state law for reduction in credited years of service (W.D. Okla.), 605 Restructuring, bailout funds expected contingent on showing of progress toward profitability, worker concessions critical, 5; production cuts will temporarily idle 10 N. Am. assembly plants and cut shifts in Mich. and Ohio plants, 165; White House creates task force to oversee progress, 271; White House urges more comprehensive plans with tougher concessions, 507; UAW to vote on pact to avoid bankruptcy, meet White House demands, 667; 16 plant closings and hourly workforce reduction from 61K to 40K announced, 668; bankruptcy inevitable as June 1 deadline approaching, UAW opposes shutdowns, 711; dealer network closings accelerate, about 63K jobs will be lost, bankruptcy discussed, 799; UAW voting on concessionary changes to 2007 pact aimed to cuts costs so GM can survive, 837; UAW approves concessionary changes to 2007 pact, amends VEBA to cut hourly labor costs, 878; reorganization plan excludes New United Motor Mfg. Inc. (NUMMI), In Brief, 1085; Toyota Motor Corp. plans to close joint venture NUMMI in Fremont, Cal., 1403 Local 12, worker failed to prove retaliation for reporting harassing comment and being evasive about obtaining private data (6th Cir.), 642 Local 31, failed sale of Saturn brand will not effect production workers, 1576 Local 218, Bell Helicopter Textron workers strike after rejecting best and final pact offer, 960; pact ratified, 1210 Local 371, casino representation election under tribal law slated for April, UFCW president says, 509; beverage employees reject UFCW representation, 598 Local 600, Ford violated ERISA §510, LMRA §301 by failing to honor 1989 rehire vow (E.D. Mich.), 1681 Locals 624, 2149, pact concessions to keep kept N.Y. auto supply plant open rejected, parent firm will initiate wind-down plan for site, 242 Locals 677, 171, 1247, 2301, 472, Mack Trucks, tentative master accord attained, includes VEBA, 804; master pact ratified, 886 Local 974, Caterpillar announces job cuts of 20K workers worldwide, 166; additional 2K workers cut, Special Report, 220; voluntary buyout package offered to 2K production employees, 278; additional 2.5K job cuts announced, 431 Local 1423, ERISA, class certified over retiree health care changes, violated 1985 plant closing pact (E.D. Wis.), 936 Locals 31, 602, 2209, third shift will be added at Lansing Delta Township, Fairfax, Ft. Wayne assembly plants in early 2010 2400 recalled, 1502 Membership falls by almost 34K, In Brief, 553 President Gettelfinger to retire in 2010, In Brief, 501 Restructuring, White House creates task force to oversee GM's and Chrysler's progress, 271; White House urges more comprehensive plans with tougher concessions, 507; UAW to vote on pact to avoid bankruptcy, meet White House demands, 667; GM announces 16 plant closings and hourly workforce reduction from 61K to 40K, 668; UAW votes to ratify concessions, talks with debt holders break down, petition for bankruptcy protection filed (S.D.N.Y.), 712; UAW voting on concessionary changes to 2007 pact aimed to cuts costs so GM can survive, 837; UAW approves concessionary changes to 2007 pact, amends VEBA to cut hourly labor costs, 878; EBSA proposes prohibited transaction exemption to let New Chrysler transfer $4.59B to retirement health plan, 1583 Tropicana Casino Hotel violates NLRA §8(a)(5) by hiking medical costs before negotiating with union, UAW files ULP charges (NLRB), 164 Trump Plaza Hotel, petition to decertify UAW as bargaining representative for dealers dismissed (NLRB Region 4), 1507 Whirlpool, ERISA, LMRA, retiree benefit cuts, UAW's class action certified (W.D. Mich.), employer has standing to seek declaratory judgment, UAW bid for transfer to Mich. court denied (S.D. Iowa), 287
Aluminum Casting and Eng'g, NLRB ruling that limits back pay award to workers denied across-the-board increases overturned (7th Cir.), 1419
Auto Workers (UAW), pacts with
See also specific auto industry under this heading
NABE conference, speakers offer differing views, 407
Crisis, differing viewpoints on causes, interrelated functions, improving and remaking industry addressed, conference, 974
Job banks program for laid-off workers, Big Three and UAW agree to end, 195 New vehicle sales, Dec. 2008, 50 Car wash owners, overtime violations
Lozano Car Wash workers get unpaid back wages, In Brief, 560
N.Y. fines owners for FLSA violations (E.D.N.Y.), 238 Pirians, criminal complaint for wage and hour law violations filed (Cal. Super. Ct.), 286; arraignment scheduled, NLRB seeks enforcement barring anti-union activities (Cal. Super. Ct.), 1679
Buyout programs offer vehicle vouchers and lump-sum payments to hourly employees, 196; expanded buyouts offered at six plants slated for closure, 801
Fiat, nonbinding agreement to form global strategic alliance assets reached, 163; 30 days of working capital granted while technology sharing pact secured, 507; sale to Fiat granted despite challenges raised by Ind. pension funds (U.S., stay lifted), 919 Plant reopenings announced at 7 locations, 1002 Production halted for one month due to consumer credit crunch, 11 Restructuring, bailout funds expected contingent on showing progress toward profitability, worker concessions critical, 5; White House creates task force to oversee GM's and Chrysler's progress, 271; White House urges more comprehensive plans with tougher concessions, 507; Treas. Dept. grants $500M loan allowing more time to restructure plan, 630; UAW voting on tentative pact aimed to avoid bankruptcy and meet demands, 667; CAW ratifies pact, 669; UAW votes to ratify concessions, talks with debt holders break down, petition for bankruptcy protection filed (S.D.N.Y.), 712; EBSA proposes prohibited transaction exemption to transfer $4.59B to VEBA, 1583 Retaliation, worker failed to prove firing was for reporting harassing comment and evasiveness about private data (6th Cir.), 642 Delphi
Reorganization, Delphi exits from Chapter 11 as private holding firm (S.D.N.Y.), 1622
Retiree health insurance Earnings, hours and employment, preliminary unadjusted data, BLS figures, 447 Executive Order, Obama signs creating cabinet-level task force aimed to help laid off workers, 1000 Ford, failure to honor 1989 rehire vow violates ERISA §510, LMRA §301, status benefit questioned (E.D. Mich.), 1681 Freightliner, UAW pact with card check provision did not violate LMRA (4th Cir.), 8; (U.S., rev den), 1593 GM
ADA, disabled retirees not qualified to perform essential job functions lack standing to sue over pensions cuts (U.S., rev den), 1060
Buyout programs offer vehicle vouchers and lump-sum payments to hourly employees, 196 Canada, pact attained with CAW, 394; pact ratified, 434; CAW unable to meet demands for retiree concessions despite bankruptcy threat, 759 Dealer network closings accelerate, about 63K jobs will be lost, bankruptcy discussed, 799 Financial report, net losses of $9.6B for 4th quarter, $30.9B for 2008, continuation of business doubtful, 353 Gen. Motors Retiree Ass'n (GMRA) notified that hearing announced on whether to appoint committee to represent interests of salaried retirees (Bankr. S.D.N.Y.), 920 LMRA §301 preempts workers breach of contract and promissory estoppel claims under state law for reduction in credited years of service (W.D. Okla.), 605 Production shifts
Lansing Delta Township, Fairfax, Ft. Wayne assembly plants, third shift will be added in early 2010 and recall 2400 workers, 1502
N. Am. assembly plants, production will increase, overtime and shifts added, laid-off workers called back, 1330 Saturn, failed sale will not effect UAW Local 31 represented production workers, 1576 VEBA, EBSA issues proposed prohibited transaction exemption to transfer securities to retirement health plan, 1509 Honda N. Am. offers voluntary retirement and separation packages, labor cost cuts include reduction in production days, bonuses and managers pay, 675 Mo. Div. of Workforce Dev., DOL will award grants to laid-off workers, In Brief, 354 Motor vehicle use and regulation
See MOTOR VEHICLES
New United Motors Mfr. Inc. (NUMMI) settles FLSA violations over bonus miscalculations, 1003 Toyota Motor Corp. plans to close joint venture NUMMI in Fremont, Cal., 1403 UAW, pacts with
Back pay
See BACK PAY
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