Labor Relations Week Index-Summary

CALIFORNIA

– Aerosol transmissible diseases standard, Cal/OSHA Bd. approves, 860; hearing held, compliance deadline Aug. 5, 1186; Cal. Office of Admin. Law approves standard, 1187
– E-Verify program, gov. vetoes bill banning local governments from requiring employers to use, 1695
– Health insurance

– – Fraud, Cal. Dep't of Managed Health (DMHC) shuts down CMA for allegedly pocketing premiums members paid to Intl. Union of Indus. and Indep. Workers (IUIIW) Local 30, 1127
– – San Francisco

See San Francisco, this heading

– Heat illness prevention, Cal/OSHA shutdown five farm labor contractors for violating rules, 901; Cal/OSHA fails to pass revised standard, 1226; Cal/OSHA shutdown two San Joaquin Valley farm labor operations, 1689
– In-Home Supportive Servs.

– – Pay cuts, SEIU and NUHW challenge whether 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
– – Representation election, Fresno County in-home supportive services file petition seeking election to end ties with SEIU Local 250 and join NUHW, 396; workers will vote for either NUHW or UHW-W representation, 672; UHW-W elected, NUHW plans to challenge, 1001; Cal. Dep't of Indus. Rels. certifies UHW-W, 1171

– Long Beach, L.A. ports clean-trucks program barring independent contractor drivers likely unconstitutional, preempted by federal law (9th Cir.), 485; injunction blocking concession agreements required under clean truck programs issued (C.D. Cal.), 728
– Los Angeles, Grocery Worker Retention Ordinance preempted by Cal. Retail Food Code and NLRA (Cal. Ct. App.), 1253
– Nurse minimum staffing ratios have little effect on quality patient care, study, 301
– Organizing, Senate clears bill creating card check procedures for farmworkers, modeled on EFCA, 697; gov. vetoes bill, In Brief, 1444
– Pay equity, gov. vetoes bill to make state law consistent with Lilly Ledbetter Fair Pay Act, 1695
– San Francisco

– – Health insurance

– – – Pay or play system, ERISA does not preempt city's ordinance (9th Cir., petition for rehearing en banc denied), 400; (U.S., application for stay denied), 510; employers adapting to pay or play requirement, grappling with taxes and payment options, legal challenges continue, Analysis and Perspective, 904; ERISA Indus. Comm. (ERIC) and Natl. Bus. Group on Health (NBGH) file amicus curiae brief (U.S., petition filed), 1178; (U.S., solicitor general's brief filed), 1596
– – – Public option working, mayor and AFL-CIO president say, 1386; Trumka says labor will challenge Democrats who fail to support, 1436

– – Progressive labor standards, Labor and Employment Relations Ass'n annual meeting panelists praise, 104

– Swine flu (H1N1 virus), 25M N95 respirators issued to health care employees, 1733
– Third-party beneficiaries, foreign employees claim that retailer liable for suppliers failure to comply with local labor laws rejected (9th Cir.), 1138
– Tip pooling among Starbucks baristas, shift supervisors and “shift leads” lawful (Cal. Ct. App.), 880; attorneys voice differing views over impact of ruling, Analysis and Perspective, 982; (Cal., cert. denied), 1518
– Unemployment benefits, ruling that locked-out UFCW workers failed to prove limitations period barring recovery should be extended reversed (Cal. Ct. App.), 443; unpublished opinion favoring workers certified for publication (Cal. App. Ct.), 642; locked-out workers' claim involving benefits denial may proceed (Cal. Ct. App.), 1471
– Unionization increasing faster than national average, study, 1489
– Wage and hour laws

– – Breaks, meal and rest, FedEx agrees to pay $8.12M for state wage and hour violations, settlement preliminarily approved (N.D. Cal.), 163
– – Car wash owners

– – – Lozano Car Wash workers get unpaid back wages, In Brief, 560
– – – Pirians, criminal complaint filed (Cal. Super. Ct.), 286; arraignment scheduled, NLRB seeks enforcement barring anti-union activities (Cal. Super. Ct.), 1679

– – Janitorial contractor sued under Cal. Labor Code §2810 for violations (Cal. Super. Ct.), 134
– – Living wage, rule limiting application of Los Angeles ordinance to hours private employees actually worked under city service contracts invalidated (Cal. Ct. App.), 161
– – Long Beach hotel, class action filed for labor law violations involving breaks, off-the-clock work, minimum wage and overtime (Cal. Super. Ct.), 773
– – Minimum wage, FLSA class action conditionally certified due to contractor's failure to reimburse workers (E.D. Cal.), 288; relocation reimbursement to guest workers resulting in pay less than minimum wage not FLSA violation, ETA withdraws interpretation, 517
– – Prevailing wages, $750K in back wages and penalties in settlements against two contractors recovered, third case debarred, 300

CALIFORNIA NURSES (CNA)

– NNOC

See NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

– Recognition of union, NLRB files petition seeking NLRA §10(j) injunction against hospital for withdrawing (E.D. Cal.), 399; injunction ordered granting CNA recognition (E.D. Cal.), 601; hospital ordered to bargain (NLRB ALJ), 771; hospital ordered to recognize CNA as union representative (NLRB), 1417
– Scripps Mem'l Hosp., CNA decertified, 1503
– Single-payer health care system would create 2.6M of jobs and improve health care, study, 150
– Swine flu (H1N1)

– – Cal.-OSHA probes complaint that hospital lacks face masks for workers exposed to infected patients, 1186
– – Mandatory vaccination policies opposed, but flu shots urged, Special Report, 1650 et seq.
– – Strikes, one-day strike at Catholic hospitals held over “poor readiness,” 1664

CANADA

– Buy Am. clause in U.S. stimulus bill will spur protectionism and kill jobs, Canadian envoy says, trade minister eyes possible steel exemption, 259; OMB issues guidance, In Brief, 682; trade officials discuss easing Buy Am. requirements, 1467; business groups say provisions are hindering projects, jobs and endangering exports, 1692
– Card check authorization, EFCA first-contract arbitration could help parties focus on bargaining, EPI paper looks at Canadian experience, 1074; attorneys explain implications, schemes used in public sector and Canada, Analysis and Perspective, 1307 et seq.
– FedEx, Teamsters Canada launches campaign to organize employees, 1457
– NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

– Wal-Mart Canada

– – Organizing, injunction sought to block UFCW's website aimed communicating with employees, 1244
– – Secret ballot, Labor Relations Bd. erred by not directing secret representation vote among Weyburn employees before certifying UFCW (Sask. Ct. Queen's Bench), 1096
– – UFCW Local 501, arbitrator awards first labor pact for St-Hyacinthe, Quebec outlet to, 592

– Worker cooperatives in manufacturing, Mondragon and USW sign pact to create, 1705

CANADIAN AUTO WORKERS (CAW)

– Chrysler, pact ratified, 669
– GM of Canada, pact attained, 394; pact ratified, 434; CAW unable to meet demands for retiree concessions despite bankruptcy threat, 759; amended pact ratified, 838
– Local 88, CAMO Auto. workers ratify pact, 1505

CAR MAKERS, DEALERS, AND RENTALS

See AUTOMOTIVE INDUSTRY

CARD CHECKS

See RECOGNITION OF UNIONS
– Employee Free Choice Act (EFCA)

See ORGANIZING

– National Labor Relations Modernization Act

See LEGISLATION, FEDERAL, HR 1355

CARPENTERS (UBC)

– AA Capital Partners, investment manager ordered to restore $50M in losses to 5 Mich. funds (N.D. Ill.), 1301
– Colgate Scaffolding, CJA certified as representative, delay in opening polls had no impact on vote outcome (NLRB), 1469
– Disaffiliation from CTW announced, 1455
– Local 608, N.Y.C. Distr. Council leader Forde and others charged in $1M bribery scheme (S.D.N.Y.), 1300
– Local 2316, withdrawing union recognition based on employee decertification petition tainted by employer's unlawful assistance violates NLRA (NLRB), 246
– Oil Capitol Sheet Metal, challenge to NLRB's evidentiary rule for determining back pay for “illegally discharged salts” is premature (D.C. Cir.), 563
– Reaffiliation, AFL-CIO delegates urge CJA to return or face competition with AFL-CIO-certified rival union, convention, 1522

CARS

– Manufacturing and sales

See AUTOMOTIVE INDUSTRY

– Use and regulation

See MOTOR VEHICLES

CASH BALANCE PLANS

– Lump sum distributions

– – Award, steel retirees' $46.2M for miscalculations left intact, no review conducted on remedies available for statutory ERISA violations (U.S., rev den), 98
– – Class action, union steel retiree files claim alleging violation for failing to use whipsaw calculation (S.D. Ohio), 1142

CASINOS

– Bally's Atlantic City, UAW members authorize strike if pact agreement not reached, 1168
– Caesars Atlantic City, UAW members authorize strike if pact agreement not reached, 1168
– Foxwoods Resort Casino

– – Beverage employees, representation election under tribal law slated for April, UFCW Local 371 president says, 509; UFCW representation rejected, 598
– – Dealers, UAW and Gaming Enter. continue talks under tribal law for first pact, 923; correction, 966
– – Laid-off workers, DOL will award grant to, In Brief, 354

– Gaming Workers Council, AFL-CIO, UAW and TWU leaders announce formation to gain pact for employees, 430
– Tropicana Casino Hotel violates NLRA §8(a)(5) by hiking medical costs before negotiating with union, UAW files ULP charges (NLRB), 164
– Trump Marina Hotel and Casino, media ban rules unlawfully maintained and enforced (NLRB ALJ), 1474
– Trump Plaza Hotel, petition to decertify UAW as bargaining representative for dealers dismissed (NLRB Region 4), 1507
– UNITE HERE, pacts with

See UNITE HERE

– Venetian Casino Resort, ruling that asking police to issue trespass citations to UNITE HERE protesters violated NLRA §8 withdrawn (NLRB), 725
– Wynn, dealers sue alleging supervisor tip-sharing violates FLSA §16(b) (D. Nev.), 1141

CAW

See CANADIAN AUTO WORKERS (CAW)

CBAs

See COLLECTIVE BARGAINING AGREEMENTS

CDC

See CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

– Swine flu (H1N1)

See generally H1N1 VIRUS

CERTIFICATES AND CERTIFICATIONS

– Forced or indentured child labor, DOL seeks comments on updated labor products list requiring federal contractor certification, 1466

CERTIFICATION OF UNIONS

– Blue Diamond Growers, certification of ILWU Local 17 loss in representation election recommended (NLRB ALJ), 1557
– Employee Free Choice Act (EFCA)

See ORGANIZING

– Hosp. Housekeeping, NUHW certified as bargaining agent, 1627
– Natl. Labor Relations Modernization Act

See LEGISLATION, FEDERAL, HR 1355

– Natl. Staff Nurses Union, medical center that withdrew union recognition before certification year expired is ULP (9th Cir.), 361
– Recognition

See RECOGNITION OF UNIONS

– Sequoias Portola Valley, NUHW certified as bargaining agent, 1627

CHAMBER OF COMMERCE, U.S.

– E-Verify program, Chamber leads business coalition in suit challenging E.O. mandating use of federal verification system (D. Md.), 12; implementation of E.O. and FAR rule postponed, 96; federal government postpones implementation of E.O., 204; implementation postponed until June 30, 640; implementation postponed until Sept. 8, 889; DHS plans to implement mandate, Sec'y Napolitano says, 1090
– Economic recovery plan support pledged, “State of Am. Bus.” report released, 110; chief economist predicts modest growth by fall, double-dip recession problematic, 1067
– Employee benefits, economic slowdown triggered cutbacks in 2008, Chamber reports, 541
– Health care reform, advertising and grassroots campaign launched in five states, In Brief, 1229
– Labor Day briefing, officials reiterate opposition to EFCA (S 560, HR 1409), pay-or-play plan, supports need for job creation, 1432; campaign to promote free enterprise, entrepreneurship launched, 1690
– Pension funds, shareholder activism creates little benefit, may lower investment value, study, 869; Chamber asks Solis to ensure proxy activism does not violate ERISA, 884; activism may change practices, but does not impact target firms' bottom line, Chamber report criticizes, 1027
– Retirement and health care report released, Chamber intends to work with policymakers on recommendations, 1156

CHANGE TO WIN (CTW)

– Card check/neutrality, Cintas' racketeering and trademark infringement claims against UNITE HERE, IBT and CTW dismissed (S.D.N.Y.), 390
– Disaffiliation

– – AFL-CIO's Sweeney calls 2005 disaffiliation “biggest disappointment” during 14-year tenure, BNA Interview, 1429
– – CJA announces, 1455
– – UNITE HERE Gen. Ex. Bd. votes to reaffiliate with AFL-CIO and disaffiliate with CTW, citing SEIU interference, 427; Wilhelm files jurisdictional complaint under CTW constitution against SEIU, 550; NLRB official issues guidance on how to handle ULP charges and representation petitions stemming from UNITE HERE/Workers United dispute, 1041; NLRB issues revised procedures for processing ULP charges stemming from dispute, 1243; UNITE HERE reaffiliates with AFL-CIO, Wilhelm named to executive council, committee, AFL-CIO convention, 1519

– EFCA, supporters rally at Capitol building as Chamber stresses opposition, 258
– Global economy, CTW, All-China Fed'n of Trade Unions leaders sign communications/dialogue agreement, 1400
– Immigration reform, plan with AFL-CIO 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
– National Labor Coordinating Comm. (NLCC) members meet with Obama to discuss EFCA (HR 1409, S 560), health care and the economy, 1125
– Reunification, AFL-CIO and CTW heads and presidents of largest unions meet to discuss unified labor movement, 85; Bonior (D-Mich.) says talks progressing, proposal on structure for organization and passage of EFCA (HR 1409, S 560) discussed, 85; AFL-CIO executive council approves unity talks, 389; 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
– Tax-exempt status, AFL-CIO and CTW file complaint against two unions with §501(c)(3) status for endorsing GOP senatorial candidates, 351

CHEMICAL HAZARDS

See HAZARDOUS SUBSTANCES

CHEMICAL INDUSTRY

– DuPont, arbitration

– – Ampthill Rayon Workers, challenge to whether arbitration with union over ERISA-governed benefit plans required over amendments made (U.S., rev den), 171
– – USW Local 4-5025, changes over collectively bargained benefit plans must be arbitrated with (2d Cir.), 727
– – USW Local 943, changes over collectively bargained health and pension plans must be arbitrated (3d Cir.), 1139

– Globally Harmonized Sys. of Classification and Labeling of Chems., OSHA chemical labeling rule sent to OMB regulatory office for review, 902; OSHA proposes rule to align with hazard communication standard, 1604
– Pharmaceuticals

See PHARMACEUTICAL INDUSTRY

– Process safety management (PSM) standard, compliance, OSHA to launch national emphasis program (NEP), impact discussed, 939; OSHA works on compliance directive to address process safety hazards posed by reactive chemicals, 1559
– W. Va., industrial accident reporting rule adopted, In Brief, 940

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

– Accidental chemical release reporting regulation, comments sought on establishing, 1068
– ANSI safety and health standards, USW quits “consensus” talks with petroleum industry, 1305
– Combustible dust

– – Explosion and fire prevention

– – – Legislation

See LEGISLATION, FEDERAL, HR 849

– – – Sugar refinery, accident preventable, report finds, 1560

– – Material safety data sheets (MSDS) inaccuracies, combustible dust and flammable liquid studies point to, globally harmonized system proposal challenged, Analysis, 143 et seq.
– – OSHA rulemaking, advance notice, 1727

– ConAgra, fatal explosion at Slim Jim plant will be probed, 1069; CSB rejects safety bulletin recommendations from probe, 1525

CHEMICAL WORKERS (ICWU)

– So. Cal. Gas, pact attained, 198; pact ratified, 356

CHILD CARE

– Working Families Flexibility Act

See LEGISLATION, FEDERAL, HR 1274

CHILD CARE PROVIDERS

– Long Island Head Start, unilateral change to health carrier lawful (NLRB), 1634
– Md., bargaining rights for home-based workers in state-subsidized programs enacted by E.O. upheld (Md. Ct. Spec. App.), 442; workers will vote on first pact negotiated by SEIU Local 500 with Md. State Dep't of Educ. and gov. office, 1006; providers vote to ratify first pact, 1129; gov. signs first pact, 1694

CHILD LABOR

– Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agric. Prods., sec'y appoints 13 members, 1613
– Cooperative agreement applications, DOL seeks comments, In Brief, 438
– Forced or indentured labor, DOL seeks comments on updated labor products list requiring federal contractor certification, 1466
– Global economic crisis could increase violations, girls especially vulnerable, ILO report, 989
– Grants for funding

– – Exploitive labor, ILAB awards $59M to help rescue children in four continents, 1551
– – Prevention, ILAB offers, In Brief, 600

– N.C., gov. signs bill that increases penalties for violators, 1231
– Prevention

– – Education and coordination among interest groups and businesses key to combating in developing countries, speakers say, forum, 985
– – Grants for funding, ILAB offers, In Brief, 600

– Wage and Hour Div.'s complaint intake and investigative processes, low wage workers vulnerable to wage theft, GAO report, 509
– Worst forms of abuse, Harkin (D-Iowa) and others urge U.S. trade policies and agreements include provision to address, 1551

CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT

– ERISA, program expansion amends Act to allow coordination with employer-provided plans, 243

CHINA

– Global economy, CTW, All-China Fed'n of Trade Unions leaders sign communications/dialogue agreement, 1400
– Nationwide labor pact law

– – All China Fed'n of Trade Unions, AFL-CIO's Brown sees possibility of change in state sanctioned union, meeting, 864
– – Economic downturn impacting enforcement, labor groups say, 333

– Trade remedy cases on oil country tubular goods and consumer tires, USW urges Obama administration to reject, 744; USW calls U.S. automakers tire exemption request from proposed tariff hike offensive, 1286; Obama imposes 3-year tariff at 35% on tire imports, 1463
– Wal-Mart

– – Restructuring plan to relocate and scale back managers “softened,” 674
– – Third-party beneficiaries, claim that retailer liable for suppliers failure to comply with local labor laws rejected (9th Cir.), 1138

CHIP

See CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT

CITATIONS

– Penalty

See PENALTIES

CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Director, Obama plans to nominate Mayorkas, 701; Obama sends nomination to Senate, In Brief, 951; Senate confirms Mayorkas, In Brief, 1323; Mayorkas says USCIS is preparing for E-Verify mandate, plans to modernize, launches Pub. Engagement Office, 1465
– H-1B visas program, USCIS challenges include fraud, economy and its impact on business-related visas, meeting, 374
– I-9 verification, interim final rule altering list of acceptable documents delayed, In Brief, 205
– Nurses, ombudsman report urges to expedited visa processing to help alleviate nursing shortage, 42
– Visas

See VISAS

CIVIL RIGHTS ACT OF 1866

– Race bias, black electrician denied IBEW membership and job referrals may proceed to trial (W.D. Wis.), 133

CJA

See now CARPENTERS (UBC)

CLASS ACTIONS

– ADA pattern or practice, class certification overturned, individual members not determined to be “qualified” (3d Cir.), 1257
– Arbitration

– – Benefit dispute, tire firm must arbitrate with USW over health and pensions (4th Cir.), 969
– – FAA, arbitration of claims allowable even where pact is silent in shipping pact (U.S., rev grant), 967

– Cash balance plans, union steel retiree files claim alleging violation for failing to use whipsaw calculation for lump sum distributions (S.D. Ohio), 1142
– Conspiracy to depress wages

– – Antitrust, nurses

– – – Albany hospitals seek preliminary approval of settlement with nurses (N.D.N.Y.), 388
– – – Chicago nurses seeking class certification cannot show common questions of law or fact predominate in wage dispute (N.D. Ill.), 1589
– – – Detroit hospital and two RNs seek preliminary approval of class action settlement (E.D. Mich.), 522; hospital not entitled to claims dismissal by RNs alleging Sherman Act violation (E.D. Mich.), 523

– – RICO Act

– – – Mohawk Indus., hiring illegal workers to depress wages, denial of class certification overturned on appeal, remanded (11th Cir.), 971
– – – SK Foods, certification of claim alleging food processing firm intentionally hired undocumented workers granted (E.D. Cal.), 854

– Defined benefits, ALPA must defend pilots' fair representation duty suit 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
– 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
– – Stock investment, class action filed alleging poultry firm breached fiduciary duty over failure to disclose company losses (E.D. Tex.), 135

– Fair Labor Standards Act

– – Cal., claim filed for violations involving breaks, off-the-clock work, minimum wage and overtime (Cal. Super. Ct.), 773
– – Kansas wage and hour laws and FLSA, Tyson production workers may collectively proceed with claims (D. Kan.), 326
– – Minimum wage, farm labor contractor's failure to reimburse Mex. workers violated requirements, class action conditionally certified (E.D. Cal.), 288
– – Off-the-clock work

– – – 11th Amend. no bar to bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 897
– – – Minn., class action accord against Wal-Mart, civil penalty approved (Minn. Dist. Ct.), 968

– – Representation election, asking named plaintiff about vote during deposition was ULP, policies barring wearing union insignias and soliciting in nonwork activities must be rescinded (NLRB), 59
– – Tip pooling, Manhattan restaurant waiters, bus staff, bartenders seek final approval of $2.5M settlement (S.D.N.Y.), 248

– Misclassifying drivers as independent contractors, bid to reverse class action certification of drivers fails (N.D. Ind.), 27; class status granted to drivers in eight states, denied in four states and two national classes (N.D. Ind.), 1256
– Pay bias, challenge to whether Hispanic employees' request for class certification of Title VII pay bias claims against grocery store properly rejected by trial judge (U.S., rev den), 175
– Retiree health benefits

– – Bemis, ERISA, health care changes violated 1985 plant closing pact, class certified, includes pre-agreement retirees (E.D. Wis.), 936
– – Raytheon, class action certified over changes to vested benefits in violation of LMRA and ERISA (D. Ariz.), 684

CLEAN ENERGY

– Am. Conservation and Clean Energy Enhancement Act

See LEGISLATION, FEDERAL, HR 2227

– Job creation

– – Am. Clean Energy and Sec. Act, witnesses debate views on job creation, renewable energy, GOP seeks definition on “green jobs,” House panel, 679
– – Investment of $150B would create 2.5 million jobs, study explores benefits, drawbacks, 1034
– – Technologies, industry sector must play part in developing, Stabenow (D-Mich.) says, conference, 253
– – Training grants for workers in renewable energy and/or energy efficiency sectors, ETA announces, 1010

– Manufacturing capacity, Apollo Alliance releases GreenMAP for rebuilding, 651
– Renewable energy and energy efficiency investment could create 4.5M jobs by 2030, report, 1737

CLEAN WATER ACT (CWA)

– Water Infrastructure Financing Act

See LEGISLATION, FEDERAL, S 1005

CLEANING INDUSTRY

See BUILDING SERVICES

CLOSING OF BUSINESS

See PLANT CLOSINGS

CLOTHES CHANGING

– Back wages, Nestle pays $5.1M owed to 6K workers after DOL probe, 125
– FLSA compliance, more oversight expected under DOL Sec'y Solis, attorney says, conference, 1143
– KS wage and hour laws, FLSA, Tyson production workers may collectively proceed with claims (D. Kan.), 326
– Or., Del Monte ordered to pay minimum wage workers (Or. Cir. Ct.), 1635
– Walking to and from work areas

– – Pre- and post-shift activities, steel employees may proceed with collective action for unpaid wages (N.D. Ind.), 1718
– – USW Local 1557 payment claim may proceed (W.D. Pa.), 1052

CLOTHING INDUSTRY

See APPAREL AND GARMENT INDUSTRY

CNA

See CALIFORNIA NURSES (CNA)
– NNOC

See NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

COAL MINING

– MSHA

See MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

COBRA

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

COFFEE SHOPS

See FOOD SERVICES

COLAs

See COST-OF-LIVING ADJUSTMENTS (COLAs)

COLLECTIVE ACTIONS

See CLASS ACTIONS

COLLECTIVE BARGAINING

– Ariz., E.O. sets up process to allow state employee representatives to meet with agency employers, incoming gov. may rescind, 40
– Employer objectives, 2009, SplSupp (03/19/2009)
– Labor Outlook 2009, SplSupp (01/29/09)
– Mandatory arbitration, statutory bias, waivers, panelists discuss Pyett ruling and issues confronting negotiators, 1261
– NLRA reform, professor/arbitrator urges substantive fixes for organizing, employee free choice and collective bargaining and procedural fixes for how NLRA is administered, conference, 973
– Transp. Sec. Workforce Enhancement Act

See LEGISLATION, FEDERAL, HR 1881

COLLECTIVE BARGAINING AGREEMENTS

– Application to third party, union waited too long to compel arbitration by former employer not a party to current agreement (6th Cir.), 22
– Arbitration, successor hiring UFCW-represented employees must arbitrate if bound by substantive terms of CBA (2d Cir.), 1635
– Bankruptcy, judges allegiance is to federal bankruptcy code, not protecting CBAs, speaker says, conference, 405
– Benefit fund contributions, arbitrator's ruling that furniture service only remit contributions for union members exceeds power, award vacated (D.N.J.), 399
– Child care providers, bargaining rights for home-based workers in Md.-subsidized programs enacted by E.O. upheld (Md. Ct. Spec. App.), 442; workers will vote on first pact negotiated by SEIU Local 500 with Md. State Dep't of Educ. and gov. office, 1006; providers vote to ratify first pact, 1129; gov. signs first pact, 1694
– China, economic downturn impacting enforcement of nationwide labor pact law, labor groups say, 333
– First-year wage increases, BNA report, 2008, 67; 1st quarter 2009, 608; correction to page 608, 690; 1st half of 2009, 1184; 1st three quarters of 2009, 1637
– Lump-sum payment frequency, 2006-2008, BNA report, 409
– Management rights, oral pact extension between GCC-IBT Local 65-B and printing firm valid, clause authorizes change to discipline policy (7th Cir.), 1137
– Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act

See LEGISLATION, FEDERAL, HR 2732, S 1184

– Subject matter jurisdiction, federal courts have jurisdiction in disputes over existence of CBA and cases alleging violations of such agreement (E.D. Pa.), 894

COLLEGES AND UNIVERSITIES

See EDUCATIONAL INSTITUTIONS

COLOMBIA

– Alien Tort Act and Torture Victim Protection Act

– – Ala. coal firm and foreign subsidiary not liable for murder and torture of union leaders (11th Cir.), 26
– – Bottling and beverage firms, dismissal of claims by union leaders affirmed (11th Cir.), 1377

– FTA

See FREE TRADE AGREEMENTS (FTAs)

COLOR DISCRIMINATION

See generally RACIAL DISCRIMINATION

COLORADO

– Designated beneficiary agreement for unmarried people, gov. signs bill, 657
– Minimum wage, negative inflation rate could lead to 3 cent decline, 1443; Labor Div. proposes to decrease wage from $7.28 to $7.24, 1608
– Parent-teacher conferences and academic activities, gov. signs bill offering unpaid leave to state employees, 947
– Swine flu, state health departments disregarding CDC guidance, SEIU preliminary analysis, 819
– Tax credit for firms creating jobs, gov. signs bill, 782
– Unemployment insurance for locked-out workers, House approves bill, sends to gov., 783; gov. vetoes, 867
– Wage disclosure legislation enacted, 299

COMMERCE DEPARTMENT (DOC)

– FY2010, House Appropriations Comm. approves bill for $64.4B, 929; for further action, see LEGISLATION, FEDERAL, HR 2847
– Swine flu (H1N1), guidance issued, 1383

COMMISSIONS

– Outside sales or administrative exemptions, life insurance agents may be subject to, Op. Letter, 500

COMMUNICATIONS WORKERS (CWA)

– AT&T

– – Legacy unit, pact attained, 1399; pact ratified, 1579
– – Midwest region, pact attained, 1169; pact ratified, 1283
– – Southwest region, last, best final offer presented, 802; pact attained, 1624
– – West region, pact attained with Dist. 9, 1283; pact ratified, 1399

– AT&T Mobility, strike authorization approved as pact talks lag, 239; pact attained, 393; pact ratified, 553
– Avaya, pact ratified, 1211
– Chinese Daily News, asking worker about representation election vote during wage and hour suit deposition was ULP (NLRB), 59
– Comcast of Cal., technicians reject CWA representation, 31
– Fair representation duty, member failed to prove employer breached by limiting back pay for wrongful discharge (8th Cir.), 853
– Flight attendants (AFA)

See FLIGHT ATTENDANTS (AFA-CWA)

– IUE-CWA

See INDUSTRIAL DIVISION (IUE-CWA)

– Local 1102, Affiliated Computer Servs. challenges representation election by N.Y. customer service employees, 1172
– Local 1298, AT&T announces 2500 job cuts in wireline business, 1543
– Local 1400, FairPoint Communications files Chapter 11 bankruptcy reorganization, pact concession talks continue (S.D.N.Y.), 1707
– Local 37194, Eugene Newspaper Guild, disciplining employees for using e-mail for union communication and banning display of union insignia is ULP (D.C. Cir.), 1091
– Local 39521, Cal. Media Workers Guild ratifies pact concessions with San Francisco Chronicle, 434
– St. Mary's, Reno, Nev., Local 9415 certified as bargaining agent, 31
– State Univ. of N.Y. Research Found., Local 1104 certified as bargaining agent for research assistants, 31
– TNG-CWA

See NEWSPAPER GUILD (TNG-CWA)

– UAW, joint legislative alliance created to pool staff and resources to attain shared goals, 1456
– Unified labor movement, delegates adopt resolution calling for, convention, 1019
– Verizon Wash. owes clerks retroactive pay adjustment for additional duties, arbitration award reinstated (D.C. Cir.), 1180

COMMUTING

– Bicycle commuters entitled to reimbursements for expenses, In Brief, 126
– Railroad workers, FRA to examine fatigue, schedules and sleep patterns, In Brief, 861

COMPENSATION

See WAGES AND SALARIES
– Minimum wage

See MINIMUM WAGE

– 9/11 health monitoring and compensation program

See LEGISLATION, FEDERAL, HR 847, S 1334

– Overtime

See OVERTIME

– Unemployment

See UNEMPLOYMENT INSURANCE

– Workers' compensation

See WORKERS' COMPENSATION

COMPENSATORY TIME

– Family-Friendly Workplace Act

See LEGISLATION, FEDERAL, HR 933

– Overtime pay, EEOC violated FLSA by requiring employees to take comp time in lieu of (Arb.), 525

COMPUTERS

– IT

See INFORMATION NETWORKS AND TECHNOLOGY

– New technologies, familiarization with urged, attorney-client privilege could be compromised, attorneys say, conference, 528

CONFERENCES AND MEETINGS

– AFL-CIO

– – Ex. Council Meeting, 349; 416; 1230
– – Quadrennial convention, 1453; 1478 et seq.; 1519 et seq.

– AFSCME Nurses Congress, 777; 778; 780
– Am. Bar Ass'n

– – Am. Law Inst.-ABA, 136 et seq.
– – Employment Rights and Responsibilities Comm., 527; 528; 576
– – Health and Welfare benefit plans, 1729
– – Homeland Sec. Law Inst., 374
– – Joint Comm. on Employee Benefits, 217; 615
– – Labor and Employment Law Section, 1259 et seq.

– – – Dev. of the Law Under the NLRA Comm., 405; 406
– – – Midwinter Meeting, 333; 334
– – – Ry. and Labor Law Comm., midwinter meeting, 446
– – – Teleconference, 109

– – Natl. Conf. on EEO Law, 567; 568
– – Ry. and Airline Labor Law Comm., midwinter meeting, 445

– Am. Constitution Soc'y for Law and Policy's national meeting, 1017; 1488
– Am. Fed'n of Teachers Healthcare/Public Employees, 984
– Am. Indus. Hygiene Ass'n (AIHA) conference, 940; 984
– Am. Law Inst.-ABA, 1487; 1647; 1690
– Am. Soc'y of Safety Engr'rs annual convention, 1104
– Am. Univ. Wash. College of Law Conf., 535
– BCTD 2009 legislative conference, 855
– Blue Green Alliance Good Jobs, Green Jobs Conf., 251 et seq.
– CNA/NNOC biennial convention, 1455
– Coalition of Labor Union Women (CLUW), 1739
– Compete Am. roundtable, 575
– Congressional Caucus for Women's Issues, 825
– CWA, joint convention/legislative-political conference, 1019; 1070
– District of Columbia Bar, 297
– Divs. of Labor: Wages, Pensions, and Benefits, 696
– Econ. Policy Inst., 372; 614
– Economic Club of Washington, 1303
– Indus. Liaison Group, 1272
– Inst. for Women's Policy Research, 575
– Intl. Soc'y for Labor and Soc. Sec. Law's Conf. on Comparative and Intl. Labor and Employment Law, 864
– Kaiser Permanente Health Care Inst., second annual health care forum, 1223
– Labor and Employment Law Conf., 1228
– Labor and Employment Relations Ass'n

– – Annual meeting, 63; 64; 104; 105; 106
– – Natl. Policy Forum, 973; 974

– Labor for Single-Payer Healthcare conference, 147
– Labor Shortages and Comprehensive Immig. Reform, 857; 858
– Legal Momentum, 414
– Mich. Labor-Mgmt. Ass'n, 694
– Natl. Acad. of Arbitrators, 907
– Natl. Ass'n for Bus. Econ. (NABE), 407; 408
– Natl. Employment Lawyers Ass'n, 1732
– Natl. Press Club news conference, 297
– New Am. Found., 1723
– NYU 62nd Annual Conf. on Labor, 944
– Practising Law Inst., 1682
– Retirement USA, 1729
– Soc'y for Human Resource Mgmt. (SHRM) 61st annual conference, 1143
– Stanford Univ. School of Law, international labor standards, 1387
– Thinking Big, Thinking Forward, 296
– UNITE HERE convention, 1063; 1098
– Univ. of San Francisco School of Law symposium, 415
– Voluntary Protection Program Participants' Ass'n, 1428
– Worldwide Employee Benefits Network, Wash. Metro. Chapter, retirement plan meeting, 72

CONFIDENTIALITY

– Employment contract, temporary agency violated NLRA §8(a)(1) by firing worker for violating overly broad confidentiality provision, two-member NLRB ruling upheld (1st Cir.), 439; (U.S., petition filed), 1415

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– House Educ. and Labor Comm., GOP members announced, 96; McKeon (R-Calif.) announces GOP leadership for panel's 5 subcommittees, 129; Kline (R-Minn.) will serve as ranking minority member, 1077; Price (R-Ga.) named to serve as ranking member of HELP panel, 1118
– Labor Outlook 2009, SplSupp (01/29/09)
– Senate Health Educ., Labor and Pensions (HELP) Comm., Franken (D-Minn.) appointed, In Brief, 1159; Kennedy (D-Mass.) dies after battling brain cancer, 1363; Harkin (D-Iowa) named chairman, succeeds late Sen. Kennedy, 1494

CONGRESSIONAL RESEARCH SERVICE (CRS)

– Influenza pandemic, ADA application, CRS report, 1735
– Infrastructure, CRS reports on job creation estimates, explains model limitations, lack of data for green jobs sector, 1273

CONNECTICUT

– Conscience laws, Conn. AG says HHS rule is unlawful and unconstitutional (D. Conn), 123
– Labor and job laws, minimum wage and misclassification of employees legislation enacted, 299

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

– Subsidies

– – Economic stimulus plan, subsidies included for unemployed workers who pay health care premiums, 274
– – Eligibility, 500K participants eligible for subsidies, survey, 699
– – Enrollment doubles after offer of premium assistance for laid off workers, report, 1391
– – Model notices, DOL issues FAQs on premium subsidy under ARRA, 481; expanded guidance released, 560; DOL issues guidance on appealing subsidy denials, 847; DOL seeks comments, In Brief, 1373

– Voluntary and involuntary unpaid leave, furloughs impact on subsidies, Analysis and Perspective, 941 et seq.

CONSPIRACY

– Alien Tort Act and Torture Victim Protection Act

– – Ala. coal firm and foreign subsidiary not liable for murder and torture of Colombia union leaders (11th Cir.), 26
– – Bottling and beverage firms, dismissal of claims by Colombia union leaders affirmed (11th Cir.), 1377

– Extortion of school bus firm, former ATU Local 1181 board members plead guilty (S.D.N.Y.), 1456
– Metallic Lathers Local 46, N.Y. union local and benefit funds not crime victims due restitution from construction official guilty of conspiracy (2d Cir.), 970
– Unlawful rehiring of locked-out grocery workers, former executives acquitted of conspiracy and fraud charges (C.D. Cal.), 1095
– Wage depression

– – Antitrust, nurses' class action

– – – Albany hospitals seek preliminary approval of settlement (N.D.N.Y.), 388
– – – Chicago nurses seeking class certification cannot show common questions of law or fact predominate in wage dispute (N.D. Ill.), 1589
– – – Detroit hospital and two RNs seek preliminary approval of class action settlement (E.D. Mich.), 522; unionized hospital not entitled to claims dismissal by RNs alleging Sherman Act violation (E.D. Mich.), 523

– – RICO Act

– – – Mohawk Indus., hiring illegal workers to depress wages, denial of class certification overturned on appeal, remanded (11th Cir.), 971
– – – Remedy, attorneys say claims filed to combat unlawful hiring of undocumented workers likely to increase, Analysis and Perspective, 1106
– – – SK Foods, certification of claim alleging food processing firm intentionally hired undocumented workers granted (E.D. Cal.), 854

CONSTITUTIONAL RIGHTS

– Due process

See DUE PROCESS

– 11th Amend. no bar to bus driver's FLSA off-the-clock work collective action against Pa. transit agency (U.S., rev den), 897
– Fifth Amend., arbitration, challenge to whether Natl. RR Adjustment Bd. panel violated BLET's due process rights by dismissing grievances (U.S., rev grant), 322; (U.S., oral arg), 1633
– First Amendment

See FIRST AMENDMENT

– ICE raids, Bush-era raids disregarded workers' constitutional rights and rule of law, UFCW Comm'n says, 1032

CONSTRUCTION INDUSTRY

– Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (U.S., rev grant), 1057
– Green jobs

– – Clean energy investment of $150B would create 2.5 million jobs, study, 1034
– – Funding for nonunion training programs

See LEGISLATION, FEDERAL, S 1238

– – School construction

See LEGISLATION, FEDERAL, HR 2187

– Jerry Ryce Bldrs/Masonry Inc. Claims, Ill. imposes penalties for misclassifying employees as independent contractors, 1388; Ill. Dep't of Labor plans enforcement actions under new law, 1489
– Keating Bldg., LMRA, federal courts have jurisdiction in disputes over existence of CBA and cases alleging violations of such agreement (E.D. Pa.), 894
– Labor market shortage, strict immigration enforcement could impact industry, professor says, conference, 858
– Lay-Com, corporate veil properly pierced to hold firms jointly liable for unpaid contributions, trust liability reversed (7th Cir.), 1470
– Md., task force created to target independent contractor misclassifications, 1231
– Multiemployer plans, underfunding, withdrawal liability, bargaining and negotiation discussed, Special Report, 1315 et seq.
– Oil Capitol Sheet Metal, SMWIA and CJA challenge to NLRB's evidentiary rule for determining back pay for “illegally discharged salts” is premature (D.C. Cir.), 563
– OSHA inspections to increase on federal worksites for ARRA-funded projects, special focus on construction, Solis tells cabinet heads, 860
– Paschall Elec., nonunion contractor who sued under Ill. antitrust law after losing construction pact to IBEW Local 702 has claim reinstated (7th Cir.), 606
– PLA agreements for large-scaled, federally funded projects, Obama signs E.O. urging federal agencies to require use, 242
– Prevailing wage apprenticeship training requirements bill, Md. gov. signs, In Brief, 868
– R.H. Cochran & Assocs., arbitration award favoring SMWIA Local 33 over travel pay dispute vacated, grievance was untimely (6th Cir.), 1054
– Stone & Webster Constr. pays $6.2M to settle charges over falsified safety records (E.D. Tenn.), 180
– Transportation infrastructure spending could net 1.1M jobs, EPI data, 609
– U.S. Rebar, N.Y. union local and benefit funds not crime victims due restitution from official guilty of conspiracy (2d Cir.), 970
– VCI Telecom and Unite Steel Ind., prevailing wages, Cal. gets $750K in back wages and penalties, third case debarred, 300
– Wash. gov. signs bill requiring Labor and Indus. Dep't to give education and outreach to construction contractors concerning workers' compensation, 827

CONSUMER CREDIT

– Availability, Chrysler halts all production for one month due to inability of customers to obtain financing, 11

CONSUMER PRICE INDEX (CPI)

– Housing component will be modernized, In Brief, 491
– Monthly reports, BLS data, Dec. 2008, 139; Jan. 2009, 327; Feb., 489; Mar., 647; Apr., 817; May, 1020; June, 1183; July, 1348; Aug., 1523; Sept., 1684
– Ore. minimum wage unchanged due to drop in CPI, In Brief, 1609

CONTINGENT WORKERS

– Independent contractors

See INDEPENDENT CONTRACTORS

– Staffing, quarterly surveys, ASA report, 950

CONTRACTORS

– Fatalities, BLS will begin tracking contractor deaths in 2011, economist says, 332
– Federal

See FEDERAL CONTRACTS AND CONTRACTORS

– Heat illness prevention, Cal. regulators shutdown five farm labor contractors for violating rules, 901; Cal/OSHA fails to pass revised standard, 1226; Cal/OSHA shutdown two San Joaquin Valley farm labor operations, 1689
– Independent

See INDEPENDENT CONTRACTORS

– MD Mech., market recovery dispute between PPF Local 539 and nonunion contractor must be argued before NLRB (Minn.), 1342
– PLA agreements, Obama signs E.O. that urges federal agencies to consider requiring use of PLAs for federally funded construction projects of at least $25M, 242
– State

See specific states

– Tech. Garment USA, N.Y. Labor Dep't tags garments until restitution made to underpaid workers, 745

CONTRACTS

– Employment

See EMPLOYMENT AGREEMENTS

– Union

See COLLECTIVE BARGAINING AGREEMENTS

CORRECTIONAL FACILITIES

– Corr. Med. Servs., NLRB ruling that firing workers for failing to give notice before picketing was lawful reversed (2d Cir.), 1014

COST-OF-LIVING ADJUSTMENTS (COLAs)

– Increase in 20 U.S. cities compared with most major metropolitan areas, Mercer reports, 1147

COVINGTON PAPERWORKERS UNION (CPU)

– MeadWestvaco, USW challenges representation election loss to CPU, new vote ordered (NLRB ALJ), 285; CPU challenges pact ratified with USW Local 8-675, 1086; workers approve CPU Local 675 representation over USW, 1671

CPI

See CONSUMER PRICE INDEX (CPI)

CPU

See COVINGTON PAPERWORKERS UNION (CPU)

CREDIT CARDS

– Discover Bank, federal courts urged to “look through” petition under FAA §4 in deciding jurisdiction to compel arbitration (U.S.), 401
– Financial reform, new regulations and strict oversight needed, says AFL-CIO head Trumka, 1529

CREDITS AGAINST TAXES

– Colo. gov. signs bill giving tax credit for firms creating jobs, 782
– Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

– Tenn. gov. signs bill to hike UI taxable wage base, 1114

CRIMINAL ACTIVITIES

– Assault

See VIOLENCE

– Bribery, BLET president on leave pending outcome of federal case, 1666
– Conspiracy

See CONSPIRACY

– Dues, Workers United files criminal charges against Aramark alleging theft for holding money in escrow, 1286
– Embezzlement

See EMBEZZLEMENT

– Felony conviction, hospital failed to show technician unlawfully fired for engaging in strike is ineligible for back pay and reinstatement (NLRB), 1177
– Fraud

See FRAUD

– ICE raids

– – Bush-era raids disregarded workers' constitutional rights and rule of law, UFCW Comm'n says, 1032
– – DHS urged to formulate coherent policy, conference, 374
– – Membership in union, unequal enforcement discourages immigrants from joining, 415
– – Military and leather goods manufacturer and its president sentenced for INA, FLSA and criminal law violations, ordered to pay fines (D. Mass.), 237
– – Mo. processing plant pays fines to settle charges for hiring undocumented workers (W.D. Mo.), 1518
– – Swift plants, number of native-born workers, wages and bonuses increased after raids, report, 497

– Identity theft

See IDENTITY THEFT

– New contributory plan criminal project would prosecute violators, EBSA's Borzi says, 1467
– Poor safety records, OSHA launches Severe Violators Inspection Program, 733
– Racketeering

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– ULPs

See UNFAIR LABOR PRACTICES (ULPs)

– Undocumented workers

See UNDOCUMENTED WORKERS

– Wage and hour laws, state

See specific states

– Wash. patrol conducts probe of privacy act e-mail inadvertently sent to state legislators by Wash. State Labor Council, 455

CRS

See CONGRESSIONAL RESEARCH SERVICE (CRS)

CSB

See CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)