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INDEX
Vol. 23, Nos. 1-43, pp. 1-1740
Jan. 1-Oct. 29, 2009

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    NAFTA
    NALC
    NATCA
    NATIONAL FEDERATION OF NURSES (NFN)
      – New national union for RNs, nurses groups in Mont., N.J., N.Y., Ohio, Ore. and Wash. form, 631
    NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)
      – Asbestosis rate not decreasing despite years of regulation, study, 34
      – 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; MSHA seeks data in measuring miners' exposure, 1688
      – Director, HHS Sec'y re-appoints Howard, 1495
      – Green jobs, occupational safety and health initiative launched, 979
      – Hexavalent chromium, criteria document urges exposure risk limit to compound be reduced, 215
      – Map reading, video game format used to teach skills to miners available for downloading, 1603
      – Nanotechnology
        – – Nanoparticle exposure linked to human toxicity, NIOSH questions findings, 1384
        – – Proactive risk management to combat work exposure urged, 1383
      – Swine flu (H1N1), OSHA, NIOSH, CDC meet with unions to discuss protection measures, 1268
    NATIONAL LABOR RELATIONS ACT (NLRA)
      – Employee Free Choice Act (EFCA)
      – Enforcement
      – Federal Aviation Act reauthorization
        See LEGISLATION, FEDERAL, HR 915, HR 1512, S 1451
      – First Amend., finding that casino violated NLRA §8 by asking police to issues trespass citations to UNITE HERE protesters withdrawn (NLRB), 725
      – Members-only, minority-union bargaining, retired professor urges NLRA to adopt rule, 535
      – National Labor Relations Modernization Act
        See LEGISLATION, FEDERAL, HR 1355
      – Obama approach to labor and employment issues pragmatic, more aggressive on work-family issues, speakers say, ABA conference, 1260
      – Preemption, nonunion electrical contractor who sued under Ill. antitrust law after losing construction pact to IBEW Local 702 has claim reinstated (7th Cir.), 606
      – Reform, professor/arbitrator urges substantive fixes for organizing, employee free choice, collective bargaining and procedural fixes for how NLRA is administered, conference, 973
      – Representation case, NLRB produces digital video presentation in English and Spanish, In Brief, 1630
      – Rest and meal breaks, whether NLRA preempts Ill. hotel room attendant law, minimum labor standards challenged (U.S., rev den), 1593
      – ULPs
      – Union recognition
    NATIONAL LABOR RELATIONS BOARD (NLRB)
      – Administration
        – – Budget
          – – – FY2009
            See LEGISLATION, FEDERAL, HR 1105
          – – – FY2010, Obama proposed $283.4M, 791
        – – Pittsburgh reg'l office closed during G-20 meeting, In Brief, 1468
        – – Public Affairs Office formed to replace Info. Div., 1666
      – ADR, NLRB makes program permanent for ULP cases pending before board, 517
      – Appointments and personnel changes
        – – ALJs, Carissimi appointed, 1495; Amchan named, Division of Judges, D.C., 1739
        – – Chairman, Obama names Liebman (D), In Brief, 159
        – – Deputy assistant general counsel, Wilson appointed, In Brief, 1323
        – – Members, Obama to nominate Becker and Pearce, 671; Obama sends Becker, Pearce and Hayes nominations to Senate, 1159; Senate begins recess without acting on nominations, 1285; HELP Comm. approves nominations, McCain (R-Ariz.) threatens to withhold Becker nomination, 1663
        – – Reg'l atty., Jones appointed, In Brief, 1119
        – – Reg'l directors, Chester appointed to Pittsburgh, Ley to Buffalo, In Brief, 463; Wirick appointed to Pittsburgh post, In Brief, 543; Kreisberg appointed to Hartford, Conn., In Brief, 951; Osthus appointed to Minneapolis replacing Chester, In Brief, 1119
      – Casehandling, 256 decisions issued in FY2009, inventory of pending cases up 12%, 1715
      – Due process, second hearing properly denied, NLRB lawfully relied on decision of ALJ who reviewed record of hearing conducted by another judge (D.C. Cir.), 247
      – Electronic filing, procedures amended to include use of e-mail to serve documents on other parties, 201
      – Internet site, guidance videos posted, In Brief, 1176
      – Investigative subpoenas, Assoc. Gen. Counsel urges using e-filing process to expedite petitions to revoke, 1715
      – Jurisdiction, college affiliated with Presbyterian Church exempt, bargaining order to recognize UAW unenforceable (D.C. Cir.), 440
      – Labor laws
        – – Administrative actions, professor urges NLRB to expand focus to bring policy into legal process, conference, 944
        – – Dynamic approach to decisionmaking and NLRA as “living law,” member Liebman hopes for, conference, 406; economic crisis could reform labor policies, speakers say, conference, 613
        – – Fundamental reform needed, political and economic climate make change this year likely, 64
      – Labor Outlook 2009, SplSupp (01/29/09)
      – NLRA reform, professor/arbitrator urges substantive fixes for organizing, employee free choice, collective bargaining and procedural fixes for how NLRA is administered, conference, 973
      – Refusal to bargain
        – – NLRBPA, attorneys file ULP charge for refusal to bargain with certified bargaining unit that consolidated two separate units (FLRA), 550
        – – NLRBU, union certified as representative in consolidated unit, is ULP (FLRA), 311
      – Representation case, digital video presentation in English and Spanish produced, In Brief, 1630
      – Skip counsel rule, memo outlines policies regarding contacts with parties and witnesses represented by counsel, 1628
      – Two-member quorum
        – – Confidentiality, temporary agency that fired worker for using broad provision violated NLRA §8(a)(1), two-member ruling upheld (1st Cir.), 439; (U.S., petition filed), 1415
        – – Representation election, two-member panel authorized to issue decisions and orders under §3(b) in ruling challenging UFCW election (2d Cir.), 1012; (U.S., petition filed), 1513
        – – ULPs
          – – – Nursing home that changed benefits and policies without bargaining, legality of two-member ruling rejected (D.C. Cir.), 709; NLRB urges upholding legality of two-member rulings (U.S., cert. petition filed), 1553; (U.S., briefs filed), 1679
          – – – Steel firm that repudiated pact and withdrew recognition from IAM, legality of two-member ruling 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 authority (U.S., brief filed), 1553
    NATIONAL MEDIATION BOARD (NMB)
      – ADR, negotiators will be required to submit application form, In Brief, 1512
      – Annual performance and accountability report for FY2009 highlighted, conference, 445
      – Appointments and personnel changes, Obama names Puchala member, 463; Puchala sworn in, 891; Obama plans to name Hoglander to third term, In Brief, 993; Dougherty becomes chairman, succeeding Puchala, In Brief, 1119; Senate confirms Hoglander reappointment, In Brief, 1235; Senate HELP Comm. approves Hoglander nomination, In Brief, 1275
      – Budget
        – – FY2009
          See LEGISLATION, FEDERAL, HR 1105
        – – FY2010, Obama proposes $13.4M, 791
      – Delta Air Lines/Northwest Airlines
        – – AMFA, NMB accepts request to end union certification to represent mechanics, Delta vows to align pay, benefits and work rules, 352
        – – 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 system for three job classifications, 1329
      – E-filing trial period and comments extended to Aug. 10, In Brief, 1136
      – Railroad arbitration cases, NMB closes over 7K grievance cases in FY2009, 1716
      – Representation elections
        – – AirTran Airways, IAM files petition to represent fleet and passenger service and reservation agents, 1088
        – – Balloting policy, unions urge change, 1575
        – – Continental Airlines, IBT files petition to represent fleet service workers, 1671
        – – Delta Air Lines/Northwest Airlines, AFA asks NMB to declare single transportation system to spur election, 1211; delaying election while NMB considers request to change voting rules opposed, 1620
        – – Frontier Airlines, AFA-CWA files petition, 1581
        – – Internet voting, comments sought on allowing participants to post hyperlinks to voting website, 1551
      – UAL, AFT, IAM and ALPA request mediation help with bargaining talks, 1290
    NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)
      – Good Samaritan Hosp. and San Jose Reg'l Med. Ctr., pact ratified, 1290
      – Las Vegas hospitals, RNs elect as bargaining agent ousting SEIU, 556
      – 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
      – SEIU, agreement reached to jointly organize health care employees and bargain with employers, 472
      – Tenet Healthcare, Cypress Fairbanks, Park Plaza Hosp., complaint filed for unlawfully promulgated rules denying conference room access to anti-union groups (NLRB Reg. Dir.), 564
      – ULPs, hospital threatened loss of pay hikes and interfered with union activity prior to representation election (NLRB ALJ), 25
    NATIONAL ORIGIN DISCRIMINATION
      – Prayer breaks, EEOC rules meat firm bias for firing Muslims after walkout over denied accommodation, 1401
      – Remarks, promotion denial, and firing, Iranian Muslim quantitative analyst gets damages, EEOC accord (S.D.N.Y.), 62
    NCFO
    NEA
    NEEDLETRADES, INDUSTRIAL, AND TEXTILE EMPLOYEES (UNITE)
    NEMSA
    NEPAL
      – Child labor prevention, ILAB offers grants for funding, In Brief, 600
    NETWORKS
    NEUTRALITY AGREEMENTS
    NEVADA
      – Domestic partner benefits, Legislature overrides veto, 948
      – Minimum wage, hike effective July, gov. says, 578
      – OSH Program, OSHA finds deficiencies, 1727
      – 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
    NEW HAMPSHIRE
      – WARN Act, gov. signs bill, 1320
    NEW JERSEY
      – First Amend., N.J. sign ordinance banning union from displaying inflatable rat to protest use of nonunion contractor violates First Amend., conviction of IBEW Local 269 official overturned (N.J.), 245
      – Health standards, state legislature urges federal DOL to reject proposed risk assessment rule, 34
      – Job creation, gov. signs bill, 40
      – Misclassification of employees as independent contractors
        – – FedEx Ground drivers, misclassifying may circumvent worker protections, result in uncollected tax revenues, state AGs say, 1042; claim against FedEx planned, 1734
        – – Penalties, gov. signs bill, allows stop-work order against violators, 1195
      – Religious bias legislation enacted, 299
      – Transit police lieutenant denied promotions in retaliation for sex bias complaints awarded damages (N.J. Super. Ct.), 366
      – Unemployment insurance, nurses striking hospital entitled to recover since strike failed to meet definition of “work stoppage” under N.J. law (N.J.), 207
    NEW MEXICO
      – Minimum wage, gov. signs bill allowing treble damages for violations, 620
    NEW YORK
      – Crime victims, N.Y. union local and benefit funds not crime victims due restitution from construction official guilty of conspiracy (2d Cir.), 970
      – Green Jobs-Green N.Y. Act, gov. signs bill, 1695
      – Independent contractor misclassifications, claim against FedEx planned, 1734
      – Nurse staffing disclosure, State Assembly approves bill, 1196; gov. signs bill, 1694
      – Privacy, new law restricts employer use of Social Security numbers and communication of personal data to public, 73; 2008 legislation enacted, 299
      – Retaliation, filing grievance over overtime distribution not protected activity, no Title VII, N.Y. HR Law claim (W.D.N.Y.), 1676
      – Swine flu (H1N1 virus), mandatory vaccine for health care employees suspended, 1733
      – Wage and hour laws
        – – Amish grocery chain and affiliates settle dispute, 362
        – – Asian restaurant owner agrees to $2.3M accord, 511
        – – Bakery and gas owners arrested for failing to pay overtime and minimum wage, file taxes, pay into unemployment insurance fund, 513
        – – Car wash owners fined for FLSA violations (E.D.N.Y.), 238
        – – Employer retaliation, gov. signs bill hiking penalties and allowing damages, 1443
        – – N.Y.C. retail workers receive low wages and limited health benefits, study, 41
        – – Underpaid wages, Labor Dep't recovery announced, 73
        – – Wage Watch launched to monitor compliance, Comm'r Smith says, 165
      – WARN Act, emergency/proposed rules governing interpretation and implementation for Act passed in 2008 issued, 222; job losses prompt publication of rules, 338
      – Whistleblower, gov. vetoes bill expanding protections for public and private employees, 1609
    NEW YORK STATE NURSES ASSOCIATION (NYSNA)
      – Community Med. Ctr., new representation election ordered (NLRB), 932
    NEWSPAPER AND MAIL DELIVERERS' UNION (NMDU)
      – IBT affiliation announced, In Brief, 314
    NEWSPAPER GUILD (TNG-CWA)
      – Boston Newspaper Guild Local 31245 and Boston Globe attain pact, 715; details of concessionary “understanding” reached with management received, 761; pact concessions rejected, 922; ULP filed with NLRB, talks resume, 961; pact attained, 1044; Guild approves revised package agreement, 1168
      – Chicago Newspaper Guild rejects concessionary pact with Sun-Times Media Group, 1505; bankruptcy judge approves sale after pact ratification (D. Del.), 1621
      – Washington-Baltimore Newspaper Guild (WBNG)
        – – AFL-CIO, 1-year pact extension approved, includes successor clause, 1625
        – – Local 32035
          – – – Tribune Co. ordered to disclose $70M executive bonus plan (Bankr. D. Del.), 1343
          – – – Washington Post, pact ratified, 960
    NEWSPAPERS
      – Boston Globe, pact attained with Boston Newspaper Guild Local 31245, 715; details of concessionary “understanding” reached with management received, 761; pact concessions rejected, 922; ULP filed with NLRB, talks resume, 961; pact attained, 1044; Guild approves revised package agreement, 1168
      – Chinese Daily News, asking worker about representation election vote during wage and hour suit deposition was ULP (NLRB), 59
      – Gannett, job cuts announced, 1085
      – Globe Newspaper, LMRA §301, arbitrator's award of “second-generation” interest arbitration lacked employer consent, vacated (D. Mass.), 1378
      – Gopher News, ERISA fiduciary breach, delivery drivers terminated under adverse selection rule may proceed against Cen. States Fund (D. Minn.), 287
      – McClatchy Co. announce job cuts, 392
      – Media Gen. Operations d/b/a Tampa Tribune, using profanity to describe executive not protected activity (4th Cir.), 485
      – New York Times, nonunion employees will get pay cuts in exchange for paid leave, layoffs of business employees announced, 512; Newspaper Guild of N.Y. agrees to pay cut in exchange for leave, 716; buyout offers extended to cut newsroom jobs, 1667
      – San Francisco Chronicle, Cal. Media Workers Guild, CWA Local 39521 affiliate, ratifies pact concessions, 434
      – Sun-Times Media Group, Chicago Newspaper Guild rejects concessionary pact, 1505; sale approved after pact ratification (D.Del.), 1621
      – Tribune Co. ordered to disclose executive bonus plan with WBNG Local 32035 (Bankr. D. Del.), 1343
      – Tribune Publ'g, allowing dues checkoff after CBA expired and then reversing decision without bargaining with GCC-IBT is ULP (D.C. Cir.), 684
      – Washington Post offers voluntary retirement incentive program, 512; WBNG Local 32035 ratifies pact, 960
    NFN
    NIOSH
    NLRA
    NLRB
    NMB
    NMDU
    NNOC
    NOISE
      – Permissible exposure limits, Am. Indus. Hygiene Ass'n urges OSHA to cut, 735
    NONCOMPETE AGREEMENTS
      – Idaho enacts restrictive covenant legislation, 299
      – New technologies, familiarization with urged, attorney-client privilege could be compromised, attorneys say, conference, 528
    NONPROFIT ORGANIZATIONS
      – Catholic health care institutions, bishops, hospitals and labor unions unveil nonbinding union guidelines, 7 key points outlined, 999
      – Childcare institution not FLSA-covered enterprise despite payroll link to employee leasing firm, Op. Letter, 498
      – Citizens United, campaign finance, FEC regulation and disclosure of corporate-funded messages about federal candidates challenged (U.S., oral arg), 524; reargument ordered (U.S., order), 1059; Citizens United challenges FEC, over 40 briefs submitted pending reargument (U.S., briefs filed), 1255; analysts offer differing views on impact of ending campaign spending limits, 1488; defenders urge justices to leave law intact (U.S., oral arg), 1514
      – Red Cross, Natl. Workers Rights Bd. urges change in employee relations policy, 1654
    NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)
      – Mex. cross border trucking pilot program
        – – Owner-Operator Indep. Drivers Ass'n seeks ruling on legal challenge (9th Cir.), 558; case moot because FMCSA ended program (9th Cir.), 634
        – – Retaliation for ban, Mex. will increase duties on U.S. commodity exports, Camp (R-Mich.) and Brady (R-Texas) say, 437; Obama and Mex. Pres. Calderon will resolve dispute over ban, 633; Sherman (D-Calif.) asks if USTR will challenge excessive tariffs, 1010; Alliance to Keep U.S. Jobs vows to press White House and Congress to resolve dispute, 1216
    NORTH CAROLINA
      – Child labor, gov. signs bill that increases penalties for violators, 1231
      – Job training initiative launched, gov. says, In Brief, 657
      – Smoking ban in bars and restaurants, Legislature approves, 827; gov. signs bill, 868
    NORTHERN MARIANA ISLANDS (CNMI)
      – Guestworkers, DHS delays application of federal laws to CNMI until Nov., 577
    NOTICE AND NOTIFICATION
    NUHW
    NURSES
      – Aerosol transmissible diseases standard, Cal/OSHA Bd. approves, 860; hearing held, compliance deadline Aug. 5, 1186; Cal. Office of Admin. Law approves standard, 1187
      – Antitrust class action, conspiracy to depress wages
        – – Albany hospitals seek preliminary approval of settlement (N.D.N.Y.), 388
        – – Chicago nurses seeking class certification challenging wage suppression cannot show common questions of law or fact predominate (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
      – Conscience laws, HHS issues final rule to enhance protections for health care workers with religious or moral objections to health care services, 19; state AG says HHS rule unlawful and unconstitutional (D. Conn.), 123; HHS proposes to rescind law, 397
      – Hospitals
      – Inspections, OSHA Site-Specific Targeting (SST) program target as high-hazard facility, 1426
      – Northside Med. Ctr., bankrupt Forum Health wins pact concessions from Ohio nurses' unions, 1209
      – Pandemic influenza
      – Professional codes of conduct, ethics and integrity, website aimed at increasing awareness launched, 863
      – Safe patient handling
        – – Nurse-to-patient staffing ratio
          See LEGISLATION, FEDERAL, HR 2273, S 1031
        – – OSHA standard
          See LEGISLATION, FEDERAL, HR 2381, S 1788
      – SEIU Healthcare Pa., pact ratified with Allegheny Hosp., 1670
      – Shifts, FLSA claim over base hourly pay rates related to schedule rejected (9th Cir.), 1719
      – Shortage incentives, HHS will provide $13.4M to help pay for student loans and nursing schools, 1339
      – Southampton Hosp., N.Y., SEIU UHW-E certified to represent registered nurses, 31
      – Staffing ratio
        – – Cal. nurse minimum staffing ratios have little effect on quality patient care, study, 301
        – – Legislation
          See LEGISLATION, FEDERAL, HR 2273, S 1031
        – – N.Y., State Assembly approves bill to require disclosure of staffing information, 1196; gov. signs bill, 1694
      – Swine flu (H1N1)
      – Training, ETA solicits applications for $220M in grants, 1175
      – Unemployment insurance, nurses striking hospital entitled to recover since strike failed to meet definition of “work stoppage” under N.J. law (N.J.), 207
      – Unions
      – Violence, emergency nurses subjected to physical and verbal abuse, survey, 1351
      – Visas, USCIS urged to expedite processing to help alleviate nursing shortage, 42
    NURSES (ANA)
      – Staffing requirements, claim that HHS unlawfully failed to ensure compliance and delegated authority to private party rejected (D.D.C.), 208
    NURSES (UAN)
      – New national union for RNs
        – – Natl. Fed'n of Nurses (NFN), nurses groups in Montana, N.J., N.Y., Ohio, Ore. and Wash. form, 631
        – – United Am. Nurses-Natl. Nurses Org. Comm., CNA/NNOC, MNA and UAN plan to form, 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
    NURSING HOMES
      – Assisted living
      – Avery Heights, challenge to whether failure to reinstate strikers while secretly hiring permanent replacements violates NLRA (U.S., rev den), 1632
      – Heartland Health Care Ctr., §10(j) injunction issued ordering recognition of SEIU Healthcare Mich. (E.D. Mich.), 602; settlement approved (NLRB Reg. Dir.), 1299
      – Kindred Healthcare, 3-year SEIU UHW-W pact ratified, 13
      – Kingsbridge Heights Rehab. & Care Ctr., issuance of NLRA §10(j) injunction against owner committing ULP affirmed, reinstatement of SEIU strikers upheld (2d Cir.), 849
      – Laurel Baye, NLRB two-member ruling that unilaterally changing benefits, policies without UFCW bargaining is ULP rejected (D.C. Cir.), 709; NLRB urges upholding legality of two-member rulings (U.S., cert. petition filed), 1553; (U.S., briefs filed), 1679
      – NUHW
      – Regal Health & Rehab Ctr., interrogation, threats, firing of pro-union workers likely ULPs, ordered to recognize, bargain with SEIU (N.D. Ill.), 812; recognition, bargaining ordered (NLRB), 1473
      – Safe patient handling
        – – Nurse-to-patient staffing ratio
          See LEGISLATION, FEDERAL, HR 2273, S 1031
        – – OSHA standard
          See LEGISLATION, FEDERAL, HR 2381, S 1788
      – SF Market St. Healthcare, “perfectly clear” successor exception inapplicable, no duty to bargain with SEIU Local 434B (D.C. Cir.), 1092
      – Site-Specific Targeting (SST), included in OSHA program, 1426
      – Snell Island SNF d/b/a/ Shore Acres Rehab. & Nursing Ctr., two-member NLRB panel authorized to issue decisions and orders under NLRA §3(b) in ruling challenging UFCW representation election (2d Cir.), 1012; (U.S., petition filed), 1513
      – Swine flu (H1N1)

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