Labor Relations Week Index-Summary

DAMAGES

See also BACK PAY
– Air cargo pilots will share $300K in ALPA accord (Ohio Ct. C.P., Cir.), 882
– Back pay

– Driver safety, OSHA orders UPS to rehire driver, pay penalties, back wages, benefits and damages, 593
– Minimum wages, N.M. gov. signs bill allowing treble damages for violations, 620
– N.Y. wage and hour laws, gov. signs bill allowing damages for employer retaliation, 1443
– Punitive

See PUNITIVE DAMAGES

– Statute of limitations on pay bias, Iowa gov. signs bill, liquidated damages allowed, 745
– ULPs, accord requires roofing firm to pay liquidated damages and reinstate fired workers unless they are undocumented (9th Cir.), 1051
– Whistleblower retaliation, OSHA orders remedies and withdrawal of defamation claims against employees who raised safety concerns (Conn. Super. Ct.), 610
– Wis. legislature approves bill imposing stiffer damages for job bias, 782; gov. signs bill, 988
– Wrongful discharge, jury award upheld in UFCW Local 951 business agent's claim in violation of just cause policy, LMRDA preemption inapplicable (6th Cir.), 934

DATA SECURITY

– Identity theft, security breach involving health care employees traced to UHW-W offices, officials confirm, 351
– Mass. health privacy and data security laws and regulations effective March 1, 2010, attorney says, conference, 1647

DAVIS-BACON ACT

– Market recovery dispute between PPF Local 539 and nonunion contractor must be argued before NLRB (Minn.), 1342
– Obama vows to support prevailing wage requirements, 494
– Water Infrastructure Financing Act

See LEGISLATION, FEDERAL, S 1005

DAY LABORERS

– Ill., temporary labor services may recover attorneys' fees in breach of contract suits, seek state-subsidized health insurance for employees' children, 1388

DEATHS

See FATALITIES

DECEIT

See FRAUD

DECERTIFICATION OF UNIONS

– Boeing, S.C. workers vote to decertify IAM, 1461
– Fresno County home health care workers seek election to end ties with SEIU Local 250 and join NUHW, 396
– Great Lakes Aviation, pilots replace IBT Local 747 with UTU as bargaining agent, In Brief, 599
– Narricot Indus., withdrawing recognition from CJA Local 2316 NLRA violation (NLRB), 246
– Scripps Mem'l Hosp., CNA decertified, 1503
– Trump Plaza Hotel, petition to decertify UAW as bargaining representative for dealers dismissed (NLRB Region 4), 1507
– Vista Vineyard Mgmt., Cal. ALRB decertifies UFW, 755

DEFAMATION

– Whistleblower retaliation, OSHA orders remedies for employees who raised safety concerns (Conn. Super. Ct.), 610

DEFENSE DEPARTMENT (DOD)

– FY2010 authorization

See LEGISLATION, FEDERAL, HR 2647

DEFERRED COMPENSATION

– ERISA

See ERISA

– 401(k) plans

See 401(k) PLANS

– Pensions

See PENSIONS

– Savings, participants save 7.5% of annual salary in deferral plans, 10% short of benchmark, EBRI reports, 495

DEFINED BENEFIT PLANS

– Chamber of Commerce releases report, intends to work with policymakers on recommendations, 1156
– Dollar limits will remain unchanged for 2010, IRS says, In Brief, 1675
– Employee benefits report, BLS, Mar. 2009, 1265
– Employer-based retirement system

– – Obama administration committed to improving, DOL Secy. says, conference, 1729
– – Total benefit contributions, value as percentage of pay, 2002-2008, survey, 1737

– Fair representation duty breach, ALPA must defend pilots 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
– 401(k) Fair Disclosure and Pension Sec. Act

See LEGISLATION, FEDERAL, HR 2989

– Funding status

– – Account balances fell up to 20% from 1/08-6/09 as result of stock market drop, EBRI report, 1321
– – Deficit, $409B plan funding surplus at end of 2008 due to financial market “chaos,” Mercer analysis, 114
– – Milliman report, Dec. 2008, 184; Jan. 2009, 342; Mar., 621; May, 989; June, 1198
– – Underfunding

– – – Reporting by controlled groups, PBGC issues update waiving certain requirements, 20
– – – Senior and experienced workers will leave once aware of benefit restrictions, speakers say, 72

– – Unfunded liability, 30-year amortization period, amendment to PPA urged by IBT official, 1228

– Large corporate plans, GAO report identifies trends affecting, 580
– Lump-sum restrictions and other accelerated distributions, 2009 table posted on PBGC site, 20
– PPA, Bus. Roundtable urges Congress and White House to relax new funding rules, 297
– Retirement 20/20, future policy could include new risk-mitigation programs, actuaries identify ways to improve traditional model, 1109
– Single-employer plans, 1 out of 5 participants affected by freezes, BLS analysis, 1484
– Third-party financial firm buyouts of hard-frozen plans, risks and benefits outlined, GAO report, 658
– Women, retirement security, comparative factors, Natl. Inst. on Ret. Sec., 785

DEFINED CONTRIBUTION PLANS

– Account balances fell from 1/08-6/09 as result of stock market drop, EBRI report, 1321
– Dollar limits will remain unchanged for 2010, IRS says, In Brief, 1675
– Employee benefits report, BLS, Mar. 2009, 1265
– Employer-based retirement system

– – Obama administration committed to improving, DOL Secy. says, conference, 1729
– – Total benefit contributions, value as percentage of pay, 2002-2008, survey, 1737

– ERISA, class action filed alleging poultry firm breached fiduciary duty over failure to disclose loss of company stock investments (E.D. Tex.), 135
– 401(k) plans

See 401(k) PLANS

– Reform

– – Financially strapped sponsors can alter plans to cut costs and/or contributions, attorney says, conference, 1487
– – Miller (D-Calif.) urges improvement, McKeon (R-Calif.) cautions against nationalization, annuity option suggested, 319

– Retirement 20/20, future policy could include new risk-mitigation programs, ways to improve traditional model identified, 1109
– Savings, primary retirement plan of 30.9% of workers in 2006, EBRI reports, 495

DELAWARE

– Prevailing wage legislation enacted, 299
– Sexual orientation bias ban, General Assembly approves, 1073; gov. signs bill, In Brief, 1115

DELIVERY SERVICES

– Atlas Air Worldwide Holdings, pilots vote to replace ALPA with IBT, 16
– DHL Express, former drivers failed to make prima facie case that employer violated WARN Act (N.D. Ill.), 1558
– DHL Holdings, Astar Air Cargo, ALPA accord protects pilots from furloughs and pay cuts, shares $300K in damages (Ohio Ct. C.P., Cir.), 882
– FedEx

– – ADEA, older couriers failed to individually or collectively support allegations, claims dismissed (S.D.N.Y.), 1345
– – Fed. Aviation Act reauthorization

See LEGISLATION, FEDERAL, HR 915, HR 1512, S 1451

– – Meal and rest breaks, $8.12M will be paid to settle 2 claims for alleged Cal. wage and hour violations, settlement preliminarily approved (N.D. Cal.), 163
– – Misclassifying drivers as independent contractors

– – – Class action, bid to reverse 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
– – – Mass. delivery drivers who voted for IBT representation were independent contractors (D.C. Cir.), 683
– – – Overtime, Ground Pkg. Sys. settles claim with drivers denied pay (E.D.N.Y.), 1301
– – – State AGs urge proper classification to ensure basic labor protections and that payroll taxes are paid, 1042; N.Y., N.J., Mont. plan to sue, 1734

– – Transportation law changes expected under Obama administration, conference, 446; reclassification of employees from RLA to NLRA would result in Boeing purchase order cancellation, FedEx says, 513

– UPS

– – ADA pattern or practice, class certification overturned, individual members not determined to be “qualified” (3d Cir.), 1257
– – IAM voting on nationwide pact covering mechanics and maintenance workers, 1045; pact ratified, Local 701 rejects, 1245
– – IBT Local 886 violated NLRA §8 when steward's statements about grievance and union disputes overheard by employees (NLRB), 1217
– – Penalties, OSHA imposes, orders rehiring, payment of back wages, benefits and damages, 593
– – UPS Airlines, pilots volunteer to cut hours, leave and costs to avoid furlough, IPA head says, 883

DENTISTS

– UAPD

See PHYSICIANS AND DENTISTS (UAPD)

DEPARTMENT OF

See specific departments

DHS

See HOMELAND SECURITY DEPARTMENT (DHS)

DISABILITY BENEFITS

– Long-term disability benefits misrepresentation not intentional, reliance claim rejected, fraud claim preempted (U.S., rev den), 686
– Voluntary benefits would “grow in popularity” if employers reduce provided coverage, survey, 1698
– Workers' compensation

See WORKERS' COMPENSATION

DISABILITY LEAVE

– Family and medical leave

See FAMILY AND MEDICAL LEAVE
– – FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

DISABLED EMPLOYEES

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– Flexible work arrangements beneficial, speakers say, 1730
– Workers' compensation

See WORKERS' COMPENSATION

– Wounded Vet. Job Security Act

See LEGISLATION, FEDERAL, HR 466

DISAFFILIATION OF UNIONS

– AFL-CIO's Sweeney calls 2005 split with several large unions “biggest disappointment” during 14-year tenure, BNA Interview, 1429
– 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
– CJA disaffiliates from CTW, 1455
– CTW

See CHANGE TO WIN (CTW)

– Natl. Fed'n of Nurses (NFN), nurses groups in Mont., N.J., N.Y., Ohio, Ore. and Wash. form, 631
– UNITE HERE, Raynor sues Wilhelm under §301(a) for attempting to take control of union (E.D.N.Y.), 194; Gen. Ex. Bd. (GEB) rejects proposal that 2004 merger be dissolved, 233; delegates approve disaffiliation to end merger, 387; UNITE HERE GEB votes to reaffiliate with AFL-CIO and disaffiliate with CTW, citing SEIU interference, 427; new union, Workers United Conf. affiliates with SEIU, 471; Wilhelm files jurisdictional complaint under CTW constitution against SEIU, 550; GEB suspends Raynor for trying to divide union and promote SEIU, 629; UNITE HERE Local 54 members picket SEIU headquarters over jurisdictional raids, 671; Wilhelm implements suspension of Raynor, 800; NLRB official issues guidance on how to handle ULP charges and representation petitions stemming from dispute with Workers United, 1041; using arbitration to resolve dispute with Workers United rejected, 15 union presidents pledge solidarity, convention, 1063; status hearing reviews ownership of UNITE HERE assets, attorney conflict of interest questioned (S.D.N.Y.), 1166; NLRB issues revised procedures for processing ULP charges stemming from dispute, 1243; Local 383T status as bargaining representative not affected by Joint Bd. disaffiliation (NLRB), 1255; UNITE HERE reaffiliates with AFL-CIO, Wilhelm named to executive council, committee, AFL-CIO convention, 1519
– United Healthcare Workers-West (UHW-W) requests vote after SEIU board creates new mega-local, 85; SEIU president says he's not obligated to hold vote now, 124; former UHW-W leaders plan to form new union, NUHW, one day after being placed in trusteeship, 157; TRO issued ordering former UHW-W leaders to return information and property (N.D. Cal.), 603; consulting firm sues SEIU for refusing to pay for $1M in security, surveillance and protection service fees (N.D. Cal.), 770; injunction ordering former UHW-W officers to return key documents and data granted (N.D. Cal.), 1205; federal suit dismissed, attorney will file suit in state court (N.D. Cal.), 1330; DOL dismisses complaints alleging SEIU unjustly imposed trusteeship, 1365

DISCIPLINE

– Management rights, oral pact extension between GCC-IBT Local 65-B and printing firm valid, clause authorizes change to discipline policy (7th Cir.), 1137

DISCLOSURE

– Colo., wage disclosure legislation enacted, 299
– Failure to disclose documents to participants and beneficiaries, DOL issues final rule covering authority to assess civil penalties, 54
– 401(k) plans

– – Excessive fees, sponsor had no fiduciary duty to disclose that plan's investment provider engaged in revenue sharing with affiliate (7th Cir.), 289; DOL representative criticizes ruling, conference, 334; Solis files amicus briefs seeking a rehearing (7th Cir.), 484; DOL official criticizes ruling for not deferring to 404(c) regulation, conference, 615
– – Fair disclosure bills

See LEGISLATION, FEDERAL, HR 2989

– Global regulation and disclosure requirements for private equity firms urged by SEIU and European labor groups, new standards proposed, 258
– LMRDA

See LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)

– Nurse staffing information, N.Y. Assembly approves bill, 1196; gov. signs bill, 1694
– Social Security numbers and personal data, new New York law restricts use and disclosure, 73; 2008 legislation enacted, 299
– Work stoppages, Chicago City Council declines to act on ordinance pushed by UNITE HERE Local 1, 1694

DISCOVERY

– Attorney-client privilege, challenge to whether employer may immediately appeal a discovery order to disclose materials covered by privilege (U.S., oral arg), 1597

DISCRIMINATION

See also specific types of discrimination
– Health insurance reform, civil rights leader says employer mandate would inadvertently promote bias, 1314

DISEASES AND DISORDERS

See INJURIES AND ILLNESSES; specific diseases or disorders

DISPARATE IMPACT AND TREATMENT

– ADA and FMLA, pilot instructor with sleep apnea fired for poor performance, urges resolution on whether burden shifting is appropriate (U.S., rev den), 646
– ADEA, disparate treatment claims must prove “but for” cause, burden shifting inapplicable to mixed-motive claims (U.S), 1011
– Race bias, SMWIA referral procedures faulty, expert evidence on disparate impact rejected, retaliation claim revived (8th Cir.), 814
– Reverse race bias, discarding promotion exam results favoring White and Hispanic Conn. firefighters to avoid suit by black candidates who failed unlawful (U.S., rvs, rem), 1055

DISTRICT OF COLUMBIA

– 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

DOC

See COMMERCE DEPARTMENT (DOC)

DOCTORS

See PHYSICIANS

DOD

See DEFENSE DEPARTMENT (DOD)

DOE

See ENERGY DEPARTMENT (DOE)

DOFFING

See CLOTHES CHANGING

DOJ

See JUSTICE DEPARTMENT (DOJ)

DOL

See LABOR DEPARTMENT (DOL)

DOMESTIC PARTNERS

– Designated beneficiary agreement for unmarried people, Colo. gov. signs bill, 657
– FMLA, expand care to

See LEGISLATION, FEDERAL, HR 2132

– Health insurance, over half of large firms offer, report, 303
– Nev. Legislature overrides veto, 948

DOMESTIC VIOLENCE

– Family and medical leave

– – Fla., employees entitled to 3 days leave, 299
– – Philadelphia employees entitled to eight weeks of unpaid leave, 164

– Flexible work arrangements beneficial to victims, speakers say, 1730
– Kansas, job bias ban legislation enacted, 299

DOMINICAN REPUBLIC

– Cen. Am. Free Trade Agreement (CAFTA-DR), OTLA declined to seek consultations with Guatemala, 169

DONNING AND DOFFING

See CLOTHES CHANGING

DOT

See TRANSPORTATION DEPARTMENT (DOT)

DOWNSIZING

– Layoffs

See LAYOFFS
– – Announcements

See LAYOFF ANNOUNCEMENTS

– Plant closings

See PLANT CLOSINGS
– – WARN Act

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

DRESS CODES AND GROOMING

– Wearing union insignia, disciplining employees for displaying is ULP (D.C. Cir.), 1091

DRIVERS

– FedEx, misclassifying drivers as independent contractors

– – Class action, bid to reverse 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
– – State AGs urge proper classification to ensure workers have labor protections and that payroll taxes are paid, 1042

– First Student, Olathe, Kan., IBT Local 838 certified as bargaining agent for drivers and mechanics, 31
– Gopher News, ERISA fiduciary breach, drivers terminated under adverse selection rule may proceed against Cen. States Pension Fund (D. Minn.), 287
– Hours of service, IBT and others challenge FMCSA final rule increasing from 10 to 11 consecutive hours interstate truckers may drive (D.C. Cir.), 475; agreement reached with DOT, 1712
– Northeast Beverage, drivers' walkout to attend bargaining meeting not protected activity, dealing directly with employee over severance ULP (D.C. Cir.), 206
– N.Y.C. school bus, former ATU Local 1181 board members plead guild to extortion conspiracy (S.D.N.Y.), 1456
– South Bay Teamsters, IBT welfare fund breached ERISA fiduciary duties by refusing to return Bakery Drivers' surplus fund payments under trust-to-trust accord (C.D. Cal.), 131
– UPS, OSHA imposes penalties, orders rehiring, payment of back wages, benefits and damages, 593

DRIVER'S PRIVACY PROTECTION ACT

– UNITE HERE, challenge to whether using motor vehicle records to find Cintas employees' home addresses during organizing drive violated act (U.S., rev den), 483; Cintas employees not entitled to punitive damages, UNITE HERE request for jury trial denied (3d Cir.), 1344

DRUG

– Manufacturing

See PHARMACEUTICAL INDUSTRY

– Prescription benefits

See PRESCRIPTION DRUG BENEFITS

– Stores

See PHARMACIES

– Testing

See DRUG AND ALCOHOL TESTING

DRUG AND ALCOHOL TESTING

– Return-to-work and follow-up drug tests, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 851; DOT reinstates rule, 1248
– Transportation law changes expected under Obama administration, conference, 446

DUE PROCESS

– Arbitration, attorneys and arbitrators oppose reworking due process protocol, NAA guidelines favored, conference, 333
– Second hearing properly denied, NLRB lawfully relied on decision of ALJ who reviewed record of hearing conducted by another judge (D.C. Cir.), 247

DUES, UNION

– Agency fees

See AGENCY FEES

– Federal contractors, workers' rights, Obama issues 3 labor-friendly E.O.s, summary, 191; OLA rescinds rules requiring posting notices informing employees of their rights not to join union, 516; OLMS proposes notification of NLRA rights, 1241; OLMS seeks comments for information collection, In Brief, 1414; businesses criticize NLRA employee rights notice, Analysis and Perspective, 1642 et seq.
– First Amend., Idaho law banning state employees' payroll deductions for political causes does not violate (U.S., rvs), 321
– Ill. public employees, unions may obtain certification as bargaining agent through card check or petition process even absent authorizations for dues deduction (Ill.), 21
– Membership in union, mechanic who failed to claim protection of “dues objector policy” fired for nonpayment (U.S., rev den), 724
– Newspaper that agreed to dues checkoff after CBA expired cannot reverse decision without bargaining with GCC-IBT (D.C. Cir.), 684
– Workers United files criminal charges against Aramark alleging theft for holding dues money in escrow, 1286

DUTY OF FAIR REPRESENTATION

See FAIR REPRESENTATION DUTY

DUTY TO BARGAIN IN GOOD FAITH

See BARGAINING DUTY