Labor Relations Week Index-Summary

MACHINISTS (IAM)

– AirTran Airways, petition filed with NMB to represent fleet and passenger service and reservation agents, 1088
– Bath Iron Works Local S6, former officers barred from running for office 2-4 years, trusteeships of Me. shipyard will be lifted soon, 1332
– Delta/Northwest Airlines, IAM asks NMB to declare single transportation system for three job classifications, 1329
– Dist. 9, administrative manager of Pension/Health and Welfare Fund pleads guilty to embezzling funds (E.D. Mo.), 757
– Dist. 141, pact attained with Hawaiian Airlines, 395; pact rejected, 515
– Dist. 751, Boeing

– – Decertification, Charleston, S.C. workers vote to decertify IAM, 1461
– – Voluntary layoff plan agreed to, 1244

– Dist. Lodge 142, pact attained with Southwest Airlines, 717; pact ratified with customer service and reservation agents, 1003
– Dist. Lodge 776, pact ratified with Lockheed Martin Aeronautics, 636
– Local 264, LMRA §301, arbitrator's award of “second-generation” interest arbitration lacked employer consent, vacated (D. Mass.), 1378
– Local 568, members vote to ratify pact with Kennecott Utah Copper, 1578
– Local 639, pact with Bombardier Aerospace approved, 1626
– Local 735, Vought Aircraft notifies strikers of replacements, 91; pact approved ending 15-week strike, 126
– Local 933, Raytheon sued over changes to retiree health benefits in violation of LMRA and ERISA (D. Ariz.), 685
– Local 1005, Daimler Trucks awarded Army contract to make military trucks, Portland, Ore. plant will remain open, 1543
– Lodge 26, Pratt and Whitney announce 1000 job cuts, 1545
– Mercury Marine, pact rejected, move will shift jobs to another facility, 1370; pact approved after employer agrees not to move jobs to nonunion facility, 1411
– Modernization, unions meet to outline ways to strengthen AFL-CIO, blueprint will be presented at Sept. convention, 883
– New Process Steel, NLRB two-member ruling that repudiating pact and withdrawing IAM recognition is ULP upheld (7th Cir.), 709; resolution to 2-1 circuit split upholding two-member authority ruling sought (U.S., petition filed), 893; NLRB asks justices to uphold board's authority (U.S., brief filed), 1553
– Philip Morris will close N.C. plant more than one year earlier, 674
– UAL, AFT, IAM and ALPA request NMB help with bargaining talks, 1290
– UPS, members voting on nationwide pact covering mechanics and maintenance workers, 1045; pact ratified, Local 701 rejects, 1245

MAIL

– Electronic

See E-MAIL

MAINE

– Agency fees, Me. State Employees Ass'n did not violate 1st Amend. of objecting nonmembers by charging fees for litigation costs (U.S., aff), 170

MAINTENANCE WORKERS

– Buildings

See BUILDING SERVICES

MAJORITY STATUS OF UNION

– Employee Free Choice Act (EFCA)

See ORGANIZING

– National Labor Relations Modernization Act

See LEGISLATION, FEDERAL, HR 1355

MANAGEMENT AND BUDGET OFFICE (OMB)

– 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
– New federal public-private job competitions, appropriations bill suspends under Circular A-76, 438
– Standard occupational classification system, federal government set to update job descriptions for all U.S. workers in 2010, Special Report, 336

MANAGEMENT RIGHTS

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

MANAGERS

– Supervisors

See SUPERVISORS

MANDATORY ARBITRATION

– ADEA, pact requiring arbitration of claims is enforceable (U.S., rvs, rem), 561; AFL-CIO attorney discusses adversarial impact, conference, 567; panelists discuss Pyett ruling and issues confronting negotiators, 1261
– Antitrust, arbitration of class claims allowable even where pact is silent in shipping pact provisions (U.S., rev grant), 967
– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

– Seafarer's Wage Act, cruise line workers' individual job and bargaining pacts not FAA-exempt seamen's employment contracts, arbitration clauses enforceable (U.S., rev den), 1013

MANDATORY RETIREMENT

– Pilot age, FAA final rule raising pilot age from 60 to 65 to comply with 2007 law, 1134

MANUFACTURING

See also specific industries
– Bemis

– – ERISA, retiree health care changes violated 1985 plant closing pact, class certified (E.D. Wis.), 936
– – WU Local 1426 slated to continue mediated talks after strikers reject pact, 1369; pact ratified ending six-week strike, 1409

– Caterpillar

– – Layoffs 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 workers cut, 431; layoffs and recalls announced, 1709
– – Retirement-eligible workers when 1988 pact expired not entitled to benefits, class LMRA and ERISA claim rejected (6th Cir.), 209

– Cequent Towing Prods., agency fees renewals, USW annual filing requirement no breach of fair representation duty (NLRB ALJ), 1298
– Clean energy, Apollo Alliance releases GreenMAP for rebuilding U.S. manufacturing capacity around, 651
– Climate change, Senate bill could jeopardize over 4M job unless changes to House version made, 1610
– CNH Am., retiree health benefits

– – Free, lifetime benefits, retirees have vested right to, but scope, extent may be altered (6th Cir.), 1220
– – Reduction in benefits, UAW did not breach CBA by supporting retirees suing over (E.D. Mich.), 1182

– Corning announces 3.5K in job cuts, 220
– Deere

– – Excessive fees, 401(k) sponsor had no ERISA 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
– – Retiree health benefits, employer's unilateral changes not ERISA violation (S.D. Iowa), 1718
– – UAW, 6-year master pact ratified, 1575

– Diversification, Pittsburgh, Pa. offers model on how to transition into new economy, report, 1355
– Eagle-Picher Techs., 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
– Economic activity

– – ISM survey, March 2009, 579; Apr., 730
– – Recovery, Brown (D-Ohio) says federal government must bolster sector to jump-start economy and create jobs, 1070

– Forest Uniform, N.Y. Labor Dep't confiscates goods and factory equipment for labor violations, 745
– Formaldehyde exposure increases cancer risk for industrial workers, study, 903
– Globe Composite Solutions, OSHA fines for alleged violations of federal standards to protect workers against lead exposure, 1305
– Granite Rock and IBT Local 853 approve settlement to resolve picketing aimed to force organizing and union recognition (NLRB), 1419
– Green jobs creation, industry sector must plays part in developing new energy technologies, Stabenow (D-Mich.) says, conference, 253
– Hartz Mountain, IUJAT service workers affiliate Local 355 certified as bargaining agent for production and warehouse workers, 31
– Hawker Beechcraft announces 2.3K in job cuts, 238
– IFCO Sys. pays back overtime wages, 594
– Industrial production report, Jan. 2009, 329
– Industrial strategy, lack of contributing to hike in unemployment and weakening economy, officials say, 1191
– Inspections, OSHA Site-Specific Targeting (SST) program target as high-hazard facility, 1426
– Intl. Comfort Prods., multiemployer plan, withdrawal liability statutory (6th Cir.), 1720
– Mercury Marine, IAM members reject pact, move will shift jobs to another facility, 1370; pact approved after employer agrees not to move jobs to nonunion facility, 1411
– Modernization, AFL-CIO delegates approve resolution, convention, 1480
– Mohawk Indus.

– – Attorney-client privilege, challenge to whether employer may immediately appeal a discovery order to disclose materials covered by (U.S., oral arg), 1597
– – RICO, hiring illegal workers to depress wages, denial of class certification overturned on appeal, remanded (11th Cir.), 971

– Mondragon and USW reach pact to create workers cooperatives in manufacturing in U.S., Canada, 1705
– Narricot Indus. violated NLRA by withdrawing recognition from CJA Local 2316 based on employee decertification petition tainted by employer's unlawful assistance (NLRB), 246
– National policy to support sector urged by Ford and labor leaders, conference, 694
– Nestle pays $5.1M in back wages owed to 6K workers after DOL probe, 125
– Packaging Corp. of Am., master pact with USW ratified, 596
– Parksite Group, §10(j) injunction issued against for failing to recognize IBT, outsourcing and hiring violations (D. Conn.), 160; successor unlawfully refused to hire IBT-affiliated workers (NLRB), 1591
– Prof'l Furniture Serv., arbitrator's ruling that employer only remit benefit fund contributions for union members exceeds power in interpreting CBA, award vacated (D.N.J.), 399
– Recovery, congressional policy decisions on health care, taxes, organizing could impact global competitiveness, NAM says, 1434
– Republic Windows and Doors, union charges closing facility, moving operations, and refusing to bargain in good faith after sit-in are ULPs, 50; displaced workers expect to return to work after plant sold to green employer, 352
– Rock-Tenn, race bias, employee failed to prove supervisor influenced decisiomaker to fire him under “cat's paw” theory (6th Cir.), 102
– Senior counselor for manufacturing policy, Obama names Bloom, 1494
– Site-Specific Targeting (SST), included in OSHA program, 1426
– Timken, pact attained with USW Local 1123, 1669
– UAW, pacts with

See AUTO WORKERS (UAW)

– UFCW, pacts with

See FOOD AND COMMERCIAL WORKERS (UFCW)

– Vacuform Indus., FMLA eligibility, factory worker who returned to work under ULP accord may not claim layoff time as “hours of service” (S.D Ohio), 325
– W. Va., industrial accident reporting rule adopted, In Brief, 940
– 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
– – Plant closing in Evansville, Ind. announced, 1404

MARITIME INDUSTRY

– Atlantic Sounding, challenge to whether punitive damages under maritime law should be remedy for shipowners that fail to provide “maintenance and cure” (U.S., oral arg), 362; (U.S., aff), 1061
– Cal. ports clean-trucks program barring independent contractor drivers unconstitutional, preempted by federal law (9th Cir.), 485; injunction blocking concession agreements issued (C.D. Cal.), 728
– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 851; DOT reinstates rule, 1248
– Royal Caribbean Cruise Lines workers' individual job and bargaining pacts not FAA-exempt seamen's employment contracts, arbitration clauses enforceable (U.S., rev den), 1013
– Stolt-Nielsen, antitrust, arbitration of class claims allowable even where pact is silent in shipping pact provisions (U.S., rev grant), 967
– Transp. Worker Identification Credential (TWIC)

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

MARITIME TRANSPORTATION SECURITY ACT

– Transp. Worker Identification Credential (TWIC), DHS issues final rule to exempt some foreign workers in Am. Samoa from obtaining, 517

MARYLAND

– Child care workers bargaining rights, home health aides 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
– Lilly Ledbetter Civil Rights Restoration, gov. signs bill, 656
– Misclassification of independent contractors, Gen. Assembly approves bill fining violators, 656; gov. creates task force to target workplace fraud, 1231
– Prevailing wage apprenticeship training requirements, gov. signs bill, In Brief, 868
– Time limitations and wage and benefit notification legislation enacted, 299

MASS LAYOFFS

See LAYOFFS

MASS TRANSIT

– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 851; DOT reinstates rule, 1248
– Southeastern Pa. Transp. Auth., off-the-clock work, SEPTA not exempt arm of state, 11th Amend. no bar to bus driver's FLSA collective action (U.S., rev den), 897
– Transportation infrastructure spending could net 1.1M jobs over next 2 years, EPI data, 609

MASSACHUSETTS

– Health insurance

– – Privacy and data security laws and regulations effective March 1, 2010, attorney says, conference, 1647
– – Public funds, state spent $794M for employed individuals in 2008, officials say, 580; spending distribution unchanged from 2005-2007, study, 622

– Occupational safety, gov. issues E.O. requiring state agencies to compile data and set up labor-management committees, 746
– Skycaps claim that JetBlue violated Mass. wage law by instituting bag fees dismissed, FLSA claim may proceed (D. Mass.), 1346

MASSACHUSETTS NURSES (MNA)

– New national union for RNs, CNA/NNOC, MNA and UAN plan to form UAN-NNOC, 273; delegates agree to more talks, 429; CNA/NNOC vote to join Natl. Nurses United (NNU), 1455; NNU combines 3 nurses union, convention will be held in Dec. in Ariz., 1458
– Tufts Med. Ctr., members to vote on pact next month, 842

MATERNITY LEAVE

See FAMILY AND MEDICAL LEAVE
– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

MEAL BREAKS

See BREAKS, MEAL AND REST

MEATPACKING

– Smithfield Foods

– – Job cuts announced, 278
– – UFCW Local 6, pact ratified, 240

– Smithfield Packing, UFCW

– – Local 1208, pact attained, In Brief, 1046; pact ratified, 1087
– – Representation rejected, 677

– Swift

– – ICE raids, number of native-born workers, wages and bonuses increase after raids, changes urged, report, 497
– – Prayer breaks, EEOC rules meat firm bias for firing Muslims after walkout over denied accommodation, 1401
– – UFCW Local 711 ratifies pact, 1170

– Tyson's

See FOOD PRODUCTS

MEDIA

– Newspapers

See NEWSPAPERS

– ULPs, casino unlawfully maintained and enforced employee media ban rules, NLRA §8(a)(1) violation (NLRB ALJ), 1474

MEDIATION

– Due process protocol, attorneys and arbitrators oppose reworking, NAA guidelines favored, conference, 333
– FMCS

See FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS)

– Multinational firms are considering the benefits of dispute resolution, panelists say, 106

MEDICAL CENTERS

See HOSPITALS

MEDICAL EQUIPMENT AND SUPPLIES

– Fit-tested N95 respirators for health care employees

– – Surgical masks, Inst. of Med. urges respirators instead of, 1427; CDC revised guidance urges respirators, 1687
– – Swine flu (H1N1), Cal. issues 25M respirators to health care employees, 1733

– Particle accelerators, radiation exposure, OSHA guidance, In Brief, 1728

MEDICAL INSURANCE

See HEALTH INSURANCE

MEDICAL LEAVE

See FAMILY AND MEDICAL LEAVE; FAMILY AND MEDICAL LEAVE ACT (FMLA)

MEDICAL SAVINGS ACCOUNTS (MSAs)

See HEALTH SAVINGS ACCOUNTS (HSAs)

MEDICARE

– America's Affordable Health Choices Act

See LEGISLATION, FEDERAL, HR 3200

– ANA claim that HHS unlawfully failed to ensure compliance with staffing requirement and unlawfully delegated authority to private party rejected (D.D.C.), 208
– Retiree health benefits

See RETIREE HEALTH BENEFITS

MEETINGS

See CONFERENCES AND MEETINGS

MEMBERSHIP IN UNION

– AFL-CIO, membership at 8.4M over 2-year period, report, 1562
– Cal., unionization increasing faster than national average, study, 1489
– “Dues objector policy,” mechanic who failed to claim protection fired for failing to pay dues (U.S., rev den), 724
– Econ. and Policy Research Center report, membership rose to 12.4% in 2008, Special Report, 181
– EFCA could cause increase in membership and unemployment if enacted, study, 419
– Immigrants reluctant to join, unequal enforcement of wage and organizing laws, raids, 415
– Members-only, minority-union bargaining, retired professor urges NLRA to adopt rule, 535
– Race bias, black electrician denied IBEW membership and job referrals may proceed to trial (W.D. Wis.), 133
– UAW membership falls by almost 34K, In Brief, 553

MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT (MHPAEA)

– Effective date moved from 2009 to 2010, 18; employers await compliance guidance before amending health and welfare plans for 2010 deadline, 1606; DOL, HHS and Treas. Depts. plan to release rules by end of year, 1729

MERGERS AND ACQUISITIONS

– Delta Air Lines/Northwest Airlines

– – AMFA certification to represent mechanics, NMB accepts request to end, Delta vows to align pay, benefits and work rules, 352
– – Seniority, Delta supports plan for single seniority list of two groups of flight attendants despite AFA-CWA RLA claim (D.D.C.), 277
– – Single transportation system

– – – AFA asks NMB to declare 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

– 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 Airways to buy Frontier, 1504

MERGERS, UNION

– AFL-CIO and CTW heads and union presidents 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; executive council approves unity talks with CTW and NEA, 389; unification talks on key issues progress, Bonior will chair Natl. Labor Coordinating Comm. (NLCC), 549
– ALPA, Natl. Pilots Ass'n vote to merge with, 593; ALPA Ex. Bd. approves merger, In Brief, 715
– Exclusive representative, firm must bargain with union local after 5 locals merge, presumption of majority status after pact ends (D.C. Cir.), 57
– New national union for RNs, CNA/NNOC, MNA and UAN plan to form United Am. Nurses-Natl. Nurses Org. Comm., 273; delegates agree to more talks, 429; CNA/NNOC vote to join Natl. Nurses United (NNU), 1455; NNU combines 3 nurses union, convention will be held in Dec. in Ariz., 1458
– UTU president says merger with SMWIA will “never” take place, 1125

METALS INDUSTRY

– Crucible Specialty Metals fined by OSHA for repeat, serious violations following worker death, In Brief, 1269
– Hexavalent chromium

See HAZARDOUS SUBSTANCES

– M&G Polymers, trial may proceed on claim that retirees health benefits are vested and cannot be changed by employer (6th Cir.), 565
– Pride Plating, OSHA proposes fines for failing to monitor chromium VI exposure, 1526

MEXICO

– Cross border trucking pilot program

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

MHPAEA

See MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT (MHPAEA)

MICHELLE'S LAW

– Health and welfare plans, employers await compliance guidance before amending plans for 2010 deadline, 1606

MICHIGAN

– Sexual orientation, gender identity, Kalamazoo city commissioners approve bias ban, 1114
– Training

– – Community colleges, gov. signs bill allowing colleges to partner with employers to provide training in high-demand fields, 73
– – Grants for laid-off auto workers, DOL grants $4.1M, In Brief, 802
– – Green jobs, retraining of workers planned, Levin says, conference, 694; report outlines kinds of jobs, training needed, defines green job, Senators working on manufacturing policy, conference, 829

– Unemployment insurance

– – Extension, gov. signs bill extending benefits 7 weeks, 620
– – Hiring, agency will hire new workers due to surge in claims, 222

– 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

MILITARY LEAVE

– DOD Authorization Act for FY2010

See LEGISLATION, FEDERAL, HR 2647

– R.I., employees entitled to 3 days unpaid leave, 299

MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE (MINER) ACT

– Rescue teams

– – Training mandate, MSHA reissues new final rule, 980
– – UMWA, portions of MSHA rules conflicting with MINER ACT overturned in challenge suit (D.C. Cir.), 294; DOL seeks OMB approval to collect data, In Brief, 861

MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

– Asst. sec'y of labor, Obama nominates Main, 1118; Senate confirms nomination, 1739
– Backlog of overdue mine plan reviews will be cleared soon, MSHA says, In Brief, 257
– Brookwood-Sago grants for education and training programs available in FY2009, In Brief, 1069; grant recipients announced, 1525
– Budget, FY2010

See LEGISLATION, FEDERAL, HR 3293

– Conveyor belts and belt air, underground coal mines, final rule issued, 69; compliance date corrected, In Brief, 215
– Dust levels

– – Continuous personal dust monitor, MSHA and NIOSH allowed to approve CPDM under proposed rule, 142; hearing will be held in July, In Brief, 981; witnesses tell MSHA to keep CPDM durable and user-friendly, 1149; data in measuring miners' exposure to dust sought, 1688
– – DOL semiannual regulatory agenda, 786

– Enforcement

– – Labor Outlook 2009, SplSupp (01/29/09)
– – Penalties, Pay Car Mining files request to reopen final orders, MSHA objects, 532
– – Procedural change implemented to resolve enforcement disputes and contested citations, 532
– – Violations, potential pattern, 10 mine operators notified, 1641

– FY2010, House Appropriations Comm. approves $353.2 budget, 1174
– Ground control plans, comments sought on intent to continue, In Brief, 735
– Intrepid Potash East, N.M. mine fined after electrocution of mine shift foreman, 451
– Mountaineer Alma A mine, 7 miners trapped in pooling water emerge safely, 819
– Pattern of violation notices sent to 15 mine operators, list, 450; MSHA closes Snapco after operator failed to pay penalties, 734
– Penalties

See PENALTIES

– Refuge alternatives, life-sustaining environments, final rule issued, 68
– Rescue teams

– – Training mandate, new final rule reissued, 980
– – UMWA, portions of MSHA rules conflicting with MINER ACT overturned in challenge suit (D.C. Cir.), 294; DOL seeks OMB approval to collect data, In Brief, 861

MINE SAFETY AND HEALTH REVIEW COMMISSION (MSHRC)

– Chair, Jordan nominated, In Brief, 1393
– Tri-Star Mining, MSHRC approves penalties for highwall collapse and fatalities, In Brief, 861

MINE WORKERS (UMWA)

– Massey Energy ordered to hire 85 miners pending NLRB's ULP ruling, court's refusal to order recognition and bargaining affirmed (S.D.W. Va.), 1094; subsidiary ordered to cease and desist ULPs, hire, recognize, bargain with union (NLRB), 1587
– President, secretary-treasurer, Roberts and Kane re-elected to 5-year terms, 1275
– Rescue teams

MINER ACT

See MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE (MINER) ACT

MINIMUM WAGE

See also specific states
– Asian grocery store pays back wages for FLSA violations, 1339
– Barback is tipped employee, minimum wage tip credit applies, Op. Letter, 499
– Business or company pilots, “position of non-enforcement” reaffirmed, Op. Letter, 498
– Federal rate increases to $7.25 per hour effective July 24, 1216
– Forced vacation leave during temporary plant shutdown has no effect on salaried workers' FLSA-exempt status, Op. Letter, 460
– H-2A visa program

– – Relocation reimbursement, FLSA class action conditionally certified due to contractor's failure to reimburse workers (E.D. Cal.), 288; reimbursement to guest workers resulting in pay less than minimum wage not FLSA violation, ETA withdraws interpretation, 517

– Hourly workers making federal minimum or less, BLS report, 2008, 448
– Increase, AFL-CIO delegates approve resolution, convention, 1480
– Low wage workers, FLSA violations rampant, study, 1445
– Misclassification of FedEx drivers, state AGs urge proper classification to ensure workers have labor protections and that payroll taxes are paid, 1042
– Nonprofit childcare institution not a covered enterprise despite payroll link to employee leasing firm, Op. Letter, 498
– Opinion letters, DOL releases 40, but withdraws 20 for further consideration by Wage and Hour Div., 397
– Recreation exemption

– – Catering firm and recreational establishment not “single establishment” despite exclusive service contract, Op. Letter, 462
– – Seasonal lifeguards employed by town exempt, town beach open less than 7 months in calendar year, Op. Letter, 462

– Restructuring of the economy impacts, conference, 696
– Tomato pickers, Palo Alto food services firm and Coalition of Immokalee Workers agree on FLSA pact, 713; Compass Group and CIW reach agreement on improving working conditions, pay, 1544

MINING

– Brookwood-Sago grants for education and training programs available in FY2009, In Brief, 1069; grant recipients announced, 1525
– Continuous personal dust monitor, MSHA and NIOSH allowed to approve CPDM under proposed rule, 142; NIOSH and MSHA will hold hearing in July, In Brief, 981; witnesses tell MSHA to keep CPDM durable and user-friendly, 1149; MSHA seeks data in measuring miners' exposure to dust, 1688
– Ground control plans, MSHA seeks comments on intent to continue, In Brief, 735
– Kennecott Utah Copper, USW, IBEW, IAM Local 568, IUOE Local 3 members vote to ratify pact, 1578
– Map reading, video game format used to teach skills available for downloading, NIOSH says, 1603
– Massey Energy

– – Fatalities, firm pleads guilty and fined for violations resulting in deaths in 2006, 32; coal firm pleads guilty in fire deaths of W. Va. miners (S.D.W. Va.), 179
– – ULP, subsidiary ordered to hire 85 miners pending NLRB's ruling, court's refusal to order UMWA recognition, bargaining affirmed (S.D.W. Va.), 1094; subsidiary ordered to cease and desist ULPs, hire, recognize, bargain with union (NLRB), 1587

– Mountaineer Alma A mine, 7 miners trapped in pooling water emerge safely, 819
– MSHA

See MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

– Pattern of violation notices, MSHA sends to 15 mine operators, list, 450; MSHA closes Snapco after operator failed to pay penalties, 734
– Penalties

See PENALTIES

– Rescue teams

– Rosebud Mine, IUOE members walkout after pact dispute with W. Energy, 478; pact ratified, 554
– Thunder Mining, PBGC request to transfer USW claim over denial of miners' plant shutdown benefits to federal court granted (D. Minn.), 441
– Tri-Star Mining, MSHRC approves penalties for highwall collapse and fatalities, In Brief, 861
– Violations, potential pattern, MSHA notifies 10 mine operators, 1641

MINNESOTA

– Legal status verification legislation adopted, 299
– Off-the-clock work, class accord against Wal-Mart and civil penalty approved (Minn. Dist. Ct.), 968
– Prevention of Consumer Fraud Act, FedEx bid to reverse class action certification of drivers claiming improper misclassification as contractors fails (N.D. Ind.), 27

MINORITIES

– African Americans

See BLACKS

– Discrimination against

See RACIAL DISCRIMINATION

– Hispanics

See HISPANICS

– Racial and ethnic health disparities, issue brief details how better data and strategies needed to reduce, 699

MISCONDUCT

– Professional codes of conduct, ethics and integrity, website aimed at increasing awareness launched, 863
– Unemployment insurance, Tenn. Legislature approves penalties for misrepresentation, misconduct, and fraud, 947

MISREPRESENTATION

– Fraud

See FRAUD

MISSISSIPPI

– Combustible dust, OSHA inspections trigger citations, 1104
– Legal status, law requires hiring only legal citizens or aliens, 299

MISSOURI

– E-Verify creates fight over preemption of state and local immigration laws, Special Report, 616 et seq.
– Misclassification of employees, legislation enacted, 299; misclassifying FedEx Ground drivers as independent contractors may circumvent worker protections and result in uncollected tax revenues, state AGs say, 1042
– 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
– Training for laid-off workers, DOL will award grants to automotive supply workers, In Brief, 354

MNA

See MASSACHUSETTS NURSES (MNA)

MONITORING

– Electronic

See ELECTRONIC MONITORING

– New York Wage Watch, state Labor Dep't launches to monitor compliance with wage laws, Comm'r Smith says, 165
– 9/11 health and compensation program

See LEGISLATION, FEDERAL, HR 847, S 1334

MONTANA

– Misclassifying FedEx Ground drivers as independent contractors may circumvent worker protections and result in uncollected tax revenues, state AGs say, 1042; claim against FedEx planned, 1734

MOTELS

See HOTELS

MOTION PICTURE AND TELEVISION PRODUCERS (AMPTP)

– Hollywood Basic Agreement, 15 IATSE locals ratify new pact, 478
– SAG

– – Natl. Bd. of Directors, tentative pact approved, ratification urged, 634; pact ratified, 961
– – TV and cable animation, pact approved, 1370

MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

– Appointments and personnel changes, Obama names Ferro to lead, IBT's Hoffa opposes, 992
– Cross-border pilot program

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

– Hours of work, IBT and advocacy groups challenge FMCSA final rule increasing from 10 to 11 consecutive hours interstate truckers may drive (D.C. Cir.), 475; agreement reached with DOT, 1712

MOTOR VEHICLES

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

See AUTOMOTIVE INDUSTRY

MPPAA

See MULTIEMPLOYER PENSION PLAN AMENDMENTS ACT (MPPAA)

MSDs

See MUSCULOSKELETAL DISORDERS

MSHA

See MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

MSHRC

See MINE SAFETY AND HEALTH REVIEW COMMISSION (MSHRC)

MULTIEMPLOYER PENSION PLAN AMENDMENTS ACT (MPPAA)

– “Employer,” withdrawal liability statutory or contractual, circuits split (6th Cir.), 1720

MULTIEMPLOYER PLANS

– Bankruptcy code's automatic stay, ERISA anti-alienation provision violated by IUPAT pension fund's offset of debtor's benefits (7th Cir.), 685
– Cen. States, SE & SW Area Pension Fund, withdrawal liability statutory (6th Cir.), 1720
– Funding freeze status at 2008 levels

– – IFEBP, most participants intend to implement, survey, 748; most red zone plans elect to freeze, officials say, 1117; 3/4 of representatives say plans are 80% funded, 1612
– – WRERA, trustees deadlocked, UFCW plan cannot elect to freeze funding status at 2008 levels (Arb.), 1221

– Madoff investments, ERISA claim filed over losses (S.D.N.Y.), 1589
– Underfunded plans

– – Civil penalties, EBSA proposes rule assessing fines for ERISA violations, 1413
– – Employer contributions, plans face negotiation, withdrawal liability and bargaining issues, Special Report, 1315 et seq.

– Withdrawal liability

– – Special withdrawal liability rules, PBGC approves SEIU Local 1 Pension Trust Fund amendment request, 1510
– – Unfunded vested benefits, PBGC issues final rule for dealing with allocation of benefits withdrawing from plans when less than 65% funded, 55

– “Worked vacation pay,” pact requires employer-contribution to pension funds, not responsible for vacation exceeding 184 hours per month (N.D. Cal.), 1016

MUSCULOSKELETAL DISORDERS

– Older workers, prevention key to protecting, CDC consultant says, 1150