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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
New national union for RNs, nurses groups in Mont., N.J., N.Y., Ohio, Ore. and Wash. form, 631
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
Employee Free Choice Act (EFCA)
See ORGANIZING
Members-only, minority-union bargaining, retired professor urges NLRA to adopt rule, 535 National Labor Relations Modernization Act 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
Administration
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 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 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 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
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
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 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
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
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
See TEACHERS (NEA)
See now UNITE HERE
Child labor prevention, ILAB offers grants for funding, In Brief, 600
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
WARN Act, gov. signs bill, 1320
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 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
Minimum wage, gov. signs bill allowing treble damages for violations, 620
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 Whistleblower, gov. vetoes bill expanding protections for public and private employees, 1609
Community Med. Ctr., new representation election ordered (NLRB), 932
IBT affiliation announced, In Brief, 314
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
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
Permissible exposure limits, Am. Indus. Hygiene Ass'n urges OSHA to cut, 735
Idaho enacts restrictive covenant legislation, 299
New technologies, familiarization with urged, attorney-client privilege could be compromised, attorneys say, conference, 528
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
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
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
Guestworkers, DHS delays application of federal laws to CNMI until Nov., 577
COBRA
Layoffs
Alert Laid-Off Employees in Reasonable Time (ALERT) Act
Posting
See POSTING NOTICES
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 Hospitals
See HOSPITALS
Northside Med. Ctr., bankrupt Forum Health wins pact concessions from Ohio nurses' unions, 1209 Pandemic influenza
See INFLUENZA
Safe patient handling 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
See generally H1N1 VIRUS
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
ANA
See NURSES (ANA)
NFN NYSNA
See NURSES (UAN)
Visas, USCIS urged to expedite processing to help alleviate nursing shortage, 42
Staffing requirements, claim that HHS unlawfully failed to ensure compliance and delegated authority to private party rejected (D.D.C.), 208
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
Assisted living
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 Safe patient handling 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)
See generally H1N1 VIRUS
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