Labor Relations Week Index-Summary

BACK PAY

– Arbitration, USW Local 812 not obligated under CBA to pay back wages for time reinstated employee out of work, despite delay in demanding arbitration (8th Cir.), 1515
– Bronx bakery ordered to reinstate and pay back pay to ULP strikers (NLRB ALJ), 1097; bakery will be sold and relocated to Ohio, 1456
– Clothes changing, Nestle pays $5.1M owed to 6K workers after DOL probe, 125
– Driver safety, OSHA orders UPS to rehire driver, pay penalties, back wages, benefits and damages, 593
– Fair representation duty, CWA member failed to prove employer breached by limiting pay for wrongful discharge (8th Cir.), 853
– Overtime

– – Asian grocery store pays back wages for FLSA violations, 1339
– – Car wash owners

– – – Lozano Car Wash workers get unpaid back wages, In Brief, 560
– – – N.Y. fines car wash owners for FLSA violations (E.D.N.Y.), 238

– – Fluctuating workweek, back pay calculation of misclassified employees determined by regular rate of pay based on biweekly salary compensation employees received, Op. Letter, 461
– – Houston manufacturer pays for violating FLSA, 594
– – Residential group home/assisted living facilities agree to pay penalties and back wages for FLSA violations, 1338
– – Stainless steel mill ordered to pay back wages to employees denied pay, 435

– Salting, SMWIA and CJA challenge to NLRB's evidentiary rule for determining back pay for “illegally discharged salts” is premature (D.C. Cir.), 563
– Unfair labor practices

– – Anti-union animus, unlawful discharge, back pay proper even though driver unauthorized to work at the time (2d Cir.), 1375
– – Hospital failed to show technician unlawfully fired for engaging in strike is ineligible despite felony conviction (NLRB), 1177
– – Wage hikes, NLRB ruling that limits back pay award to auto parts workers denied across-the-board hikes overturned (7th Cir.), 1419

– Voice-mail clerks owed retroactive pay adjustment for additional assigned duties per CWA pact, arbitration award reinstated (D.C. Cir.), 1180

BACKGROUND CHECKS

– Transp. Worker Identification Credential (TWIC)

– – Am. Samoa, DHS issues final rule to exempt some foreign workers from obtaining, 517
– – Port workers, TSA reforms should include translation services, processing deadlines, report, 1234

BAKERIES

See FOOD PRODUCTS

BAKERY WORKERS (BCTGM)

– Interstate Bakeries emerges from Chapter 11 bankruptcy with cooperation from IBT and BCTGM (Bankr. W.D. Mo.), 237
– J.J. Cassone Bakery, NLRB did not violate due process rights by relying on decision of ALJ who reviewed record of hearing conducted by another judge (D.C. Cir.), 247
– Local 50, Stella D'oro announces closing one day before ULP strikers reinstated, 1087; reinstatement and back pay ordered for ULP strikers (NLRB ALJ), 1097; bakery will be sold and relocated to Ohio, 1456
– Locals 3-G, 50-G, 252-G, 374-G, pact attained with Kellogg, 1546; pact ratified, 1625
– Philip Morris will close N.C. plant more than one year earlier, 674

BALLOTS

– Secret

See SECRET BALLOTS

BANKRUPTCY

– Bruno's Supermarkets, motion filed to reject UFCW pacts to facilitate sales process, preserve jobs (N.D. Ala.), 443; asset sale to S. Family Mkts. approved, saves 56 jobs (N.D. Ala.), 756
– CBAs in Chap. 11 reorganizations, judges allegiance is to federal bankruptcy code, speaker says, conference, 405
– Chrysler restructuring

See AUTOMOTIVE INDUSTRY

– Circuit City plans to liquidate assets that would close remaining stores and cut jobs (E.D. Va.), 126
– Delphi

– – Reorganization, Delphi exits from Chapter 11 as private holding firm (S.D.N.Y.), 1622
– – Retiree health insurance, Delphi seeks to cut health and life insurance benefits for current and future salaried retirees (Bankr. S.D.N.Y.), 236; IUE-CWA and GM reach agreement, 1408

– FairPoint Communications files Chapter 11, pact concession talks with CWA Local 1400, IBEW Local 2327 continue (S.D.N.Y.), 1707
– Frontier Airlines seek approval for a reorganization plan to allow purchase by Republic Airways (Bankr. S.D.N.Y.), 1084; court order allowing airline to reject IBT pacts and implement modified terms covering technicians 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
– GM restructuring

See AUTOMOTIVE INDUSTRY

– Greenbrier Hotel files for bankruptcy, cites “extraordinary” labor costs, sale to Marriott Hotel Servs. underway (Bankr. E.D. Va.), 477; pacts approved, 718; bankruptcy claim dismissed, hotel operating under new ownership and amended union pacts (E.D. Va.), 852
– Hartmarx, Workers United threaten sit-in if creditors liquidate and close plant, 755
– IndyMac Bank, PBGC takes over underfunded plan, In Brief, 1368
– Interstate Bakeries emerges from Chapter 11 bankruptcy with cooperation from IBT and BCTGM (Bankr. W.D. Mo.), 237
– Northside Med. Ctr., Forum Health wins pact concessions from Ohio nurses' unions, 1209
– Pre-bankruptcy claims lack transaction with bankruptcy estate and petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 248
– Sun-Times Media Group, Chicago Newspaper Guild rejects concessionary pact, 1505; sale approved after ratification of concessionary pact (D.Del.), 1621
– Tribune Co. ordered to disclose $70M executive bonus plan to Wash.-Baltimore Newspaper Guild (WBNG) Local 32035 (Bankr. D. Del.), 1343

BANKS

See FINANCIAL INSTITUTIONS

BARGAINING AGREEMENTS

See COLLECTIVE BARGAINING AGREEMENTS

BARGAINING DUTY

– Layoffs, P.R. grain firm's failure to bargain with union over layoffs of striking workers is ULP (1st Cir.), 364
– Plant closing, union files NLRB charge for closing facility, moving operations, and refusing to bargain in good faith after sit-in, 50; displaced workers expect to return to work after plant sold to green employer, 352
– Refusal to bargain

– – NLRBPA, attorneys file ULP charge for refusal to bargain with certified bargaining unit that consolidated two separate units (FLRA), 550
– – NLRBU, refusal to bargain with union certified as representative in consolidated unit is ULP (FLRA), 311
– – Successor hiring most of UFCW-represented employees must arbitrate if bound by substantive terms of CBA (2d Cir.), 1635

– ULPs

See UNFAIR LABOR PRACTICES (ULPs)

BARGAINING UNITS

– Accretion, baristas cannot be accreted in preexisting UNITE HERE bargaining unit (NLRB), 1554
– Consolidation, telecommunications firm had no duty to bargain with IBEW Local 21 over move to merge installers to larger CWA bargaining unit (9th Cir.), 726
– Refusal to bargain

– – NLRBPA, attorneys file ULP charge for refusal to bargain with certified bargaining unit that consolidated two separate units (FLRA), 550
– – NLRBU, refusal to bargaining with union certified as representative in consolidated unit is ULP (FLRA), 311

BCTD

See BUILDING AND CONSTRUCTION TRADES DEPARTMENT (BCTD)

BCTGM

See BAKERY WORKERS (BCTGM)

BENEFITS

See EMPLOYEE BENEFITS; specific benefits

BEVERAGE INDUSTRY

– Coca-Cola, dismissal of Colombian union leaders TVPA and ATCA claims affirmed (11th Cir.), 1377
– MillerCoors, OSHA fines for electrocution death of one worker and injuries of two others, 1306
– Northeast Beverage, drivers' walkout to attend bargaining meeting not protected activity, dealing directly with employee over severance ULP (D.C. Cir.), 206
– Peerless Importers, IBT Local 917 protest of lost truck driving work violated NLRA §8(e) ban on hot cargo pacts (2d Cir.), 1340

BIAS

See specific types of discrimination

BLACKS

– Discrimination against

See RACIAL DISCRIMINATION

– Unemployment rates, 2008, impact on households, Census Bureau, 369

BLET

See LOCOMOTIVE ENGINEERS AND TRAINMEN (BLET)

BLS

See LABOR STATISTICS BUREAU (BLS)

BOARD OF

See specific boards

BONUSES

– Citigroup plan to hike workers' base salaries to compensate for smaller bonuses opposed by SEIU chairman and Dodd (D-Conn.), 1043
– Executive

See EXECUTIVE COMPENSATION

– Honda N. Am. offers voluntary retirement and separation packages, labor cost cuts include reduction in production days, bonuses and managers pay, 675
– ICE raids, number of native-born workers, wages and bonuses increased after Swift raids, report, 497
– Overtime, NUMMI settles FLSA violations over miscalculations, 1003
– Safety bonus properly factored into regular rate of pay for calculation of overtime covering same period, Op. Letter, 461
– Supplemental pay, share of total cash compensation varies by industry, BLS reports, 581
– TARP aid, limits for firms receiving

See LEGISLATION, FEDERAL, HR 1095, HR 1644, S 133

– Wal-Mart will give hourly workers $2B in bonuses, discounts, and 401(k) contributions, 476

BOTTLERS

See BEVERAGE INDUSTRY

BREAKS, MEAL AND REST

– California

– – Car wash owners, 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
– – FedEx agrees to pay $8.12M for state wage and hour violations, settlement preliminarily approved (N.D. Cal.), 163
– – Long Beach hotel, class action filed for labor law violations (Cal. Super. Ct.), 773

– Ill. hotel room attendant law, NLRA preemption, minimum labor standards challenged (U.S., rev den), 1593
– KS wage and hour laws and FLSA, Tyson production workers may collectively proceed with claims (D. Kan.), 326
– Low wage workers, FLSA violations rampant, study, 1445
– Mass., Wal-Mart pays $3M for violations, In Brief, 1552
– Multiple suits against Wal-Mart settled pending approval of trial courts, 9; Wal-Mart will pay $35M to class of Wash. employees (Wash. Super. Ct.), 1205
– Pilots and flight attendants on long-range flights

– – Airline Safety and Pilot Training Improvement Act

See LEGISLATION, FEDERAL, HR 3371

– – Colgan Air, Senators seek DOT IG probe of FAA small carrier regulations, if fatigue and lack of pilot training caused crash, 859
– – Rest requirements, airlines 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
– – Scheduling disagreement ruled minor dispute under RLA subject to arbitration, injunction implementation overturned (9th Cir.), 935

– Prayer, EEOC rules meat firm that fired Muslims after walkout for being denied accommodation bias, 1401
– Railroad workers, FRA to examine fatigue, schedules and sleep patterns, In Brief, 861
– RSIA, FRA proposed interpretation bans railroads from interrupting rest periods with communications to schedule work, 1046
– ULPs, class certification, asking worker about representation election vote violation, policies on wearing union insignia and soliciting in nonwork areas must be rescinded (NLRB), 59

BREWERIES

See BEVERAGE INDUSTRY

BROKERAGES

See generally FINANCIAL INSTITUTIONS

BSOIW

See IRON WORKERS (IW)

BUDGET, U.S.

See also specific agencies and departments
– Federal deficit, sweeping changes would lower, CEA report, 888
– FY2010 budget resolution

See LEGISLATION, FEDERAL, HConRes 85, SConRes 13

BUILDING AND CONSTRUCTION TRADES DEPARTMENT (BCTD)

– Health insurance reform bill should include mandatory participation, penalize noncompliance, close independent contractor loopholes, avoid harming Taft-Hartley, AFL-CIO comments, 906
– Legislative Conf., Solis, lawmakers discuss budget, policies, green job creation, enforcement, EFCA and health care, 855; Sweeney gives final speech, lists health care, low wages, wage gap, EFCA opposition as problems, Sanders (I-Vt.) urges probe of visa abuse, 856

BUILDING SERVICES

– Bldg. Contractors Ass'n of N.J., arbitrator's ruling that furniture service only remit benefit fund contributions for union members exceeds his power in interpreting CBA, award vacated (D.N.J.), 399
– Colgate Scaffolding, CJA certified as representative, delay in opening polls had no impact on vote outcome (NLRB), 1469
– Meridian Mgmt., successor hiring UFCW-represented employees must arbitrate if bound by substantive terms of CBA (2d Cir.), 1635
– Security guards

See SECURITY GUARDS

– Subcontractor, janitorial contractor sued under Cal. Labor Code Sec. 2810 for wage law violations (Cal. Super. Ct.), 134
– Triangle Servs., ADA, “substantive waiver” not enforceable, office cleaner may not be compelled to arbitrate if SEIU pact blocks access to forum (S.D.N.Y.), 850

BURDEN OF PROOF

– ADEA, disparate treatment claims must prove “but for” cause, burden shifting inapplicable to mixed-motive claims (U.S), 1011
– Preemption, Ohio state law requiring plaintiffs suing in state court on asbestos claims under FELA produce threshold medical evidence stands (U.S., rev den), 99

BUS TRANSPORTATION

– Consolidated Bus Transit, driver unlawfully fired for union activities, back pay award proper despite being unauthorized to work (2d Cir.), 1375
– Dean Transp. is successor and ordered to recognize predecessor's union GRESPA (D.C. Cir.), 130
– First Student, Olathe, Kan., IBT Local 838 certified as bargaining agent for drivers and mechanics, 31
– Mass transit

See MASS TRANSIT

BUSINESS TRAVEL

– Expenses

See TRAVEL AND TRANSPORTATION EXPENSES