Labor Relations Week Index-Summary

PAINTERS AND ALLIED TRADES (IUPAT)

– Bankruptcy code's automatic stay, ERISA anti-alienation violated by pension fund's offset of debtor's benefits (7th Cir.), 685
– Local 891, Greenbrier Hotel files for bankruptcy, cites “extraordinary” labor costs, sale to Marriott Hotel Servs. underway (Bankr. E.D. Va.), 477; pacts approved, 718; bankruptcy claim dismissed, hotel operating under new ownership and amended union pacts (E.D. Va.), 852
– Local 1094, Daimler Trucks awarded Army contract to make military trucks, Portland, Ore. plant will remain open, 1543
– Local 1422, N.Y. Hotel and Motel Trades Council face arbitration for resisting pay and benefit cuts, 591

PANAMA

– FTA, Levin (D-Mich.) says issues need to be resolved before passage can occur, 453; Chamber of Commerce head urges Congress to approve, 1535

PAPER INDUSTRY

– Intl. Paper will close 3 mills, 1708
– MeadWestvaco, USW challenges representation election loss to CPU, new vote ordered (NLRB ALJ), 285; CPU challenges pact ratified with USW Local 8-675, 1086; workers approve CPU Local 675 representation over USW, 1671
– Ore., DOL awards $1.4M for training laid-off workers, In Brief, 948
– Simpson Paper, ERISA, retirees showing entitlement to health benefits have standing to challenge cancellation regardless of vesting status, prior ruling reversed (9th Cir.), 896

PARENTAL LEAVE

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

PART-TIME EMPLOYEES

– Flexibility policies, experts discuss benefits, 908

PATERNITY LEAVE

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

PAY

See WAGES AND SALARIES
– Back pay

See BACK PAY

PAY EQUITY

– Gender gap, factors contributing to discussed, Joint Econ. Comm. hearing, 681
– Lilly Ledbetter

– – Cal. gov. vetoes bill to make state law consistent with act, 1695
– – Ind. gov. signs bill expanding filing options, adopts limitation standard, 1443
– – Iowa gov. signs bill, liquidated damages allowed, 745
– – Law

See LILLY LEDBETTER FAIR PAY ACT

– – Legislation

See LEGISLATION, FEDERAL, HR 11, S 181

– – Md. gov. signs Lilly Ledbetter Civil Rights Restoration bill, 656

– Obama approach to labor and employment issues pragmatic, more aggressive on work-family issues, speakers say, ABA conference, 1260
– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182

– Restructuring of the economy impacts, conference, 696
– Title VII Fairness Act

See LEGISLATION, FEDERAL, S 3209

– Wis. legislature approves bill imposing stiffer damages for job bias, 782; gov. signs bill, 988

PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

PDA

See PREGNANCY DISCRIMINATION ACT (PDA)

PENALTIES

– Child labor, N.C. gov. signs bill that increases fines for violators, 1231
– Failure to disclose documents to participants and beneficiaries, DOL issues final rule covering authority to assess civil fines, 54
– Fatalities

– – Electrocution death of one worker and injuries of two others, OSHA fines brewery, 1306
– – Home-improvement firm, OSHA fines for violation, In Brief, 1269
– – Metal specialties firm, OSHA fines for repeat, serious violations, In Brief, 1269
– – Mining

See Mine safety violations, this heading

– – Tyson Foods pleads guilty and pays maximum fine for OSH Act violation resulting in worker death (W.D. Ark.), 142
– – Wal-Mart, OSHA proposes $7K fine -Mart for incident involving part-time worker trampled to death, 902

– Freedom From Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– Health insurance reform bill should penalize employers for noncompliance, 906
– ICE raids

– – Military and leather goods manufacturer and its president sentenced for INA, FLSA and criminal law violations, ordered to pay fines (D. Mass.), 237
– – Mo. processing plant pays fines to settle charges for hiring undocumented workers (W.D. Mo.), 1518

– Lead

– – Composite manufacturer, OSHA fines for alleged violations of federal standards to protect workers against exposure, 1305
– – Paint exposure, OSHRC issues opinion affirming ALJ finding, assessed penalty cut, 650

– Mine safety violations

– – Double A Mining, MSHA issues withdrawal order for failure to pay delinquent penalties, 480
– – Hiawatha Coal fined following vehicle rollover accident, 532
– – Intrepid Potash East, MSHA fines after electrocution of mine shift foreman, 451
– – Massey Energy pleads guilty and fined for violations resulting in deaths of two miners, 32; coal firm pleads guilty in fire deaths of W. Va. miners (S.D.W. Va.), 179
– – Newmont Mining, MSHA fines for June 2007 death of underground gold miner, 1149
– – Pay Car Mining files request to reopen final orders with penalties of over $26K, MSHA objects, 532
– – Procedural change implemented to resolve enforcement disputes and contested citations, 532
– – Tri-Star Mining, MSHRC approves penalties for highwall collapse and fatalities, In Brief, 861

– Misclassification of independent contractors

– – Md. Gen. Assembly approves bill fining violators, 656; gov. creates task force to target independent contractor misclassifications, 1231
– – N.J. gov. signs bill imposing fines on employers that misclassify employees as independent contractors, 1195

– Multiemployer plans, EBSA proposes rule assessing civil penalties against sponsors with underfunded plans, 1413
– OSH Act

– – Deterrence ability, whether OSHA fines are inadequate to deter health and safety violations debated, House Comm., 691
– – Protecting Am.'s Workers Act, Woolsey (D-Calif.) will introduce bill, seeks penalty reform, 257; for further action, see LEGISLATION, FEDERAL, HR 2067

– Overtime

– – Asian grocery store pays back wages for FLSA violations, 1339
– – Houston manufacturer ordered to pay $963K in fines for FLSA violations, 594
– – N.Y. fines car wash owners for FLSA violations (E.D.N.Y.), 238
– – Residential group home/assisted living facilities agree to pay over $318K in penalties and back wages for FLSA violations, 1338

– Safety and health

– – Chromium VI, OSHA proposes fines against metal firm for failing to monitor exposure, 1526
– – Combustible dust, OSHA issues 667 citations following inspections in Ala., Fla., Ga., Miss., 1104
– – Driver safety, OSHA orders UPS to rehire driver, pay penalties, back wages, benefits and damages, 593
– – Fire, OSHRC fine against chicken processor for death of employee sustained (5th Cir.), 1677
– – Lead

See Lead, this heading

– – Mar-Jac Poultry, OSHA fines for safety violations, 1385
– – Mining

See Mine safety violations, this heading

– – OSH Act

See OSH Act, this heading

– SEIU Local 6434, United Long Term Care Workers (ULTCW) sues former president for $1.1M in restitution (Cal. Super. Ct.), 562
– State laws

– – Bad paychecks, Okla. House approves bill to assess penalties for employers issuing bad paychecks, 578
– – N.Y. wage and hour laws, gov. signs bill hiking penalties and allowing damages for employer retaliation, 1443
– – Tenn. unemployment insurance, Legislature approves penalties for misrepresentation, misconduct, and fraud, 947
– – W. Va., industrial accident reporting rule adopted, In Brief, 940

– Undocumented workers

– – ICE raids, Mo. processing plant pays fines to settle charges for hiring (W.D. Mo.), 1518
– – Identity theft, Tenn., gov. enacts penalty law for use, manufacture, or transfer of false identity, In Brief, 828
– – Illegal Immig. Enf. and Soc. Sec. Protection Act

See LEGISLATION, FEDERAL, HR 98

PENNSYLVANIA

– E-Verify creates fight over preemption of state and local immigration laws, Special Report, 616 et seq.
– Off-the-clock work, 11th Amend. no bar to SEPTA bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 897
– Pittsburgh reinvents itself, offers model on how to transition into new economy, report, 1355

PENSION AND WELFARE BENEFITS ADMINISTRATION

See now EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Defined benefit plans

See generally DEFINED BENEFIT PLANS

– Electronic filing Webcasts for plan administrators announced, In Brief, 1468
– Financial reporting, final rule waiving released, In Brief, 438
– Investments and contracts of former director Millard, IG asked by Senators to continue probe, 801
– Labor Outlook 2009, SplSupp (01/29/09)
– Lump-sum benefit restrictions, 2009 table posted on agency site, 20
– Reporting by controlled groups with defined benefit plan underfunding, update waiving certain requirements issued, 20
– Single-employer plans, flat-rate premium for 2010 will increase to $35, In Brief, 1716
– Terminated plan, transfer of USW claim over denial of miners' plant shutdown benefits to federal court granted (D. Minn.), 441
– Underfunded plan takeovers

– – Delphi, 6 plans, $6.2B in new liabilities, 1208
– – IndyMac Bank, bankrupt, In Brief, 1368

– W. Union Fin. Servs., PBGC negotiates deal to stabilize pension plan, 1368
– Withdrawal liability, final rule dealing with allocation of unfunded vested benefits withdrawing from multiemployer plans when less than 65% funded issued, 55

PENSION PROTECTION ACT (PPA)

– Defined benefit plans, Bus. Roundtable urges Congress and administration to relax new funding rules, 297
– Excess funding as worrisome as underfunding, attorney explains, 1271
– 401(k) plans, final regulation on automatic enrollment implementing PPA issued, In Brief, 320
– Investment advice, final rule on advice that fiduciaries give criticized by Miller (D-Calif.), 129; rule delayed to consider legal and policy issues, 481; second rule delay announced, In Brief, 891
– Technical corrections, Bush signs bill, 18
– Worker protections expansion under ERISA, new legislation urged at end of 2014, DOL Secy. and others say, conference, 1729
– WRERA zone status freeze, trustees deadlocked, UFCW plan cannot elect to freeze funding status at 2008 levels (Arb.), 1221

PENSIONS

– Account balances fell up to 20% from 1/08-6/09 as result of stock market drop, EBRI report, 1321
– Adequacy and structure, ERISA Council evaluates, speakers differ on improving, 1528
– Annuity purchases before plan termination, PBGC dislikes idea, attorney says, conference, 1690
– Arbitration, chemical firm must arbitrate with USW Local 943 over collectively bargained plans (3d Cir.), 1139
– Assets, $300B in losses reported in 2008, Milliman 100 Index, In Brief, 520
– Cash balance pension plans

See CASH BALANCE PLANS

– Chrysler sale to Fiat granted despite challenges raised by Ind. pension funds (U.S., stay lifted), 919
– Contributions to retirement savings have diminished, AARP survey, 115
– Crime victims, N.Y. union local and benefit funds not crime victims due restitution from construction official who pled guilty to conspiracy (2d Cir.), 970
– Crisis update, employers' retention concerns drive restoration of benefits, pay cuts and freezes, survey, 1391
– Defined benefit plans

See DEFINED BENEFIT PLANS

– Defined contribution plans

See DEFINED CONTRIBUTION PLANS

– Delphi, IUE-CWA and GM reach agreement, 1408
– 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

See ERISA

– Fair representation duty breach, claim against ALPA for bargaining for benefits biased against older pilots may proceed (D. Minn.), 772
– Fiduciary breach

See FIDUCIARY DUTY

– 401(k) plans

See 401(k) PLANS

– Funding

– – Average funded status of U.S. plans in Standard & Poor's 1500 index, 87% in Apr., Mercer report, 818
– – Deficiency, impact of recession, ERISA preemption discussed, conference, 536
– – Relief bill

See LEGISLATION, FEDERAL, HR 7327, S 3712

– – Rules, impact of changes under Worker, Retiree, and Employer Recovery Act highlighted, conference, 217
– – Surpluses, excess funding as worrisome as underfunding, attorney explains, 1271
– – Unpaid contributions, corporate veil properly pierced to hold firms with unity trust jointly liable, but trust liability reversed (7th Cir.), 1470

– Funds maintain investment strategies despite economic, stock turmoil, report, 1699
– Labor Outlook 2009, SplSupp (01/29/09)
– Multiemployer plans

See MULTIEMPLOYER PLANS

– New contributory plan criminal project would prosecute violators, EBSA's Borzi says, 1467
– Participation and contributions increased from 1998-2003, declined by 2006, CRS report, 263
– PDA, whether Ledbetter law effects timeliness of pregnancy bias claims of workers denied service credits based on calculations using pre-PDA system (U.S., supplemental brief filed), 323; attorneys discuss possible effect of Ledbetter law, ABA conference, 567; PDA not retroactive, Ledbetter inapplicable (U.S., rvs), 811
– Phased retirement access blocked by pension rules, bureaucratic barriers, AARP reports, 264
– Plan assets and participant contributions, DOL semiannual regulatory agenda, 786
– PPA

See PENSION PROTECTION ACT (PPA)

– PPF Local 38-owned resort and spa, allegedly renovated using union funds, announces closure, 1458
– Pre-bankruptcy petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 248
– Private U.S. system, reforming would require tradeoffs, present risks, foreign alternatives compared, GAO report, 1392; GAO reissues report to correct table, In Brief, 1414
– Retirement 20/20, future policy could include new risk-mitigation programs, actuaries identify ways to improve traditional model, 1109
– Shareholder activism by union funds creates little benefit, may lower investment value, study, 869; Chamber asks Solis to ensure proxy activism does not violate ERISA, 884; activism may change practices, but does not impact target firms' bottom line, Chamber report criticizes, 1027
– Union funds

See specific unions

PEONAGE

See FORCED LABOR

PERFORMANCE, JOB

– ADA and FMLA, pilot instructor with sleep apnea fired for poor performance, resolution on whether burden-shifting is appropriate urged (U.S., rev den), 646

PERSONAL PROTECTIVE EQUIPMENT (PPE)

– National consensus design standards, OSHA final rule revises PPE sections to include, 1425
– Respirators

– – Fit-tested N95 respirators

See MEDICAL EQUIPMENT AND SUPPLIES

– – TSA workers, OSH amendment

See LEGISLATION, FEDERAL, HR 2200

PETROLEUM

See OIL AND GAS

PHARMACEUTICAL INDUSTRY

– Duane Reade Holdings settles FLSA class actions alleging overtime and worker classification violations (S.D.N.Y.), 125

PHARMACIES

– Rite Aid, UFCW 1776 not bound to arbitrate grievances over refusal to give organizers access to nonunion stores (M.D. Pa.), 643

PHYSICIANS

– Aerosol transmissible diseases standard, Cal/OSHA Bd. approves, 860; hearing held, compliance deadline Aug. 5, 1186; Cal. Office of Admin. Law approves standard, 1187
– Conscience laws, HHS issues final rule to enhance protections for health care workers with religious or moral objections to health care services, 19; Conn. AG says HHS rule unlawful and unconstitutional (D. Conn), 123; HHS proposes to rescind law, 397
– Swine flu (H1N1)

See generally H1N1 VIRUS

– UAPD

See PHYSICIANS AND DENTISTS (UAPD)

PHYSICIANS AND DENTISTS (UAPD)

– Health insurance reform, public option and quality coverage urged, survey, 1610

PICKETING

– First Amendment

– – 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
– – Trespassing, finding that casino violated NLRA §8 by asking police to issue citations to UNITE HERE protesters withdrawn (NLRB), 725

– Jurisdictional raids by SEIU, UNITE HERE Local 54 members picket SEIU headquarters, 671
– Local 1, Chicago hotel employees picket downtown, lobby for passage of city law to disclose labor disputes, 1503
– Notification, NLRB ruling that firing correctional medical clinic workers for failing to give advance notice of was lawful reversed (2d Cir.), 1014
– ULPs, IBT Local 853 and manufacturer approve accord to resolve picketing aimed to force organizing and union recognition (NLRB), 1419
– Vietnamese restaurant violated ULP by promising pay hike if wage and hour claim dropped, videotaping picketing and firing deliverymen (NLRB), 487

PILOTS

– Air transportation

See generally AIR TRANSPORTATION

– FLSA, business or company pilots, “position of non-enforcement” reaffirmed, Op. Letter, 498
– FMLA coverage for airline flight crew

See LEGISLATION, FEDERAL, HR 912

– Mandatory retirement age, FAA final rule raises age from 60 to 65 to comply with 2007 law, 1134
– Unions

– – ALPA

See AIR LINE PILOTS (ALPA)

– – APA

See ALLIED PILOTS (APA)

– – FAPA

See FRONTIER AIRLINE PILOTS (FAPA)

– – JetBlue Pilots Ass'n, JetBlue Airways pilots reject representation, 200
– – Southwest Airlines Pilots Ass'n (SWAPA), agreement reached, 198; pact attained, 717; pact narrowly rejected, 926; pact attained, 1504

PILOTS (ALPA)

See AIR LINE PILOTS (ALPA)

PILOTS (IPA)

– UPS Airlines, pilots volunteer to cut hours, leave and costs to avoid furlough, IPA head says, 883

PILOTS (USAPA)

– US Airways, union ordered to bargain in good faith for single CBA, including arbitrated seniority list for all pilots (D. Ariz.), 1219

PIPELINES

See OIL AND GAS

PLANT CLOSINGS

– AK Steel proposal to shut down Ky. plant and layoff workers violates USW pact (Arb.), 1181
– Albertson's closing 6 stores, 1459
– Chrysler, expanded buyouts offered at six plants slated for closure, 801
– Forced vacation leave during temporary plant shutdown has no effect on salaried workers' FLSA-exempt status, Op. Letter, 460
– GM, production cuts will temporarily idle 10 N. Am. assembly plants and cut shifts in Mich. and Ohio plants, 165; Treas. Dept. grants $5B loan, jobs cuts and closings expected, 630; 16 plants will close by end of 2012, 668; GM announces 16 plant closings and hourly workforce reduction from 61K to 40K, 668; bankruptcy inevitable as June 1 deadline approaching, UAW opposes shutdowns, 711; dealer network closings accelerate, about 63K jobs will be lost, bankruptcy discussed, 799; GM files for Chap. 11 bankruptcy, expects to emerge in 60-90 days, 14 plant closures identified (Bankr. S.D.N.Y.), 877; UAW-represented workers accept buyout offer, hourly workforce cut to 48K, 1242
– Harley-Davidson announces plans to close 3 plants, 1167
– Hartmarx, Workers United threaten sit-in if creditors liquidate and close plant, 755
– Hayssen Mfg., ERISA, retiree health care changes violated 1985 plant closing pact, class certified (E.D. Wis.), 936
– Intl. Paper will close 3 mills, 1708
– Layoffs

See LAYOFFS

– Michelin plans to close Opelika plant, 1335
– New Process Gear, UAW Local 624 reject pact concessions to keep plant open, parent firm will initiate wind-down plan for site, 242
– Outplacement

See OUTPLACEMENT SERVICES

– Philip Morris will close N.C. plant more than one year earlier, 674
– Pratt and Whitney, 1000 job cuts announced, 1545
– Republic Windows, UE Local 1110 files ULP charges against manufacturer that closed plant, moved operations, and refused to bargain in good faith after sit-in, 50; displaced workers expect to return to work after plant sold to green employer, 352
– SEIU hotline and website set up to aid small business owners and workers facing closures, job losses, 801
– Stella D'oro, closing announced one day before strikers reinstated, 1087; reinstatement and back pay ordered for ULP strikers (NLRB ALJ), 1097; bakery will be sold and relocated to Ohio, 1456
– Terminated plan, PBGC request to transfer USW claim over denial of miners' plant shutdown benefits to federal court granted (D. Minn.), 441
– Thyssenkrupp Budd, LMRA preempts state age bias claims of employees denied severance benefits (6th Cir.), 24
– Toyota plans to close joint venture New United Motors Mfg. Inc. (NUMMI) in Fremont, Cal., 1403
– USPS announce, job cuts, closings and early retirement to cut costs, 476
– WARN Act

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Whirlpool plans to close Evansville, Ind. plant, 1404

PLAs

See PROJECT LABOR AGREEMENTS (PLAs)

PLUMBERS AND PIPE FITTERS (PPF)

– Local 38, union-owned resort and spa, allegedly renovated using union pension funds, will close, 1458
– Local 539, market recovery dispute between noncontractor should be argued before NLRB (Minn.), 1342
– Local 625, Greenbrier Hotel files for bankruptcy, cites “extraordinary” labor costs, sale to Marriott Hotel Servs. underway (Bankr. E.D. Va.), 477; pacts approved, 718; bankruptcy claim dismissed, hotel operating under new ownership and amended union pacts (E.D. Va.), 852

POLICE

See LAW ENFORCEMENT EMPLOYEES

POLITICAL ACTIVITIES

– Campaign financing

– – Bipartisan Campaign Reform Act, panel sets fast-track schedule for briefing in GOP suit challenging soft money restrictions (D.D.C.), 51
– – Corporate-funded messages about federal candidates, FEC regulation and disclosure 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
– – EMILY's List, FEC limits on contributions struck down, differing views on First Amend. application (D.C. Cir.), 1556
– – Labor Outlook 2009, SplSupp (01/29/09)

– Hawaii, Abercrombie (D-Hawaii) announces intention to run for governor in 2010, 855
– Health care reform

See HEALTH INSURANCE

– Ore., bill banning discipline of workers who skip employer-sponsored meetings on religious and political matters passed, 1073; gov. signs bill, In Brief, 1115
– Shared goals, UAW and CWA create alliance to pool staff and resources to attain, 1456
– Tax-exempt status, AFL-CIO and CTW file complaint against two unions with §501(c)(3) status for endorsing GOP senatorial candidates, 351
– Wal-Mart used meeting to urge vote against Democrats, FEC split over complaints, closes case, 840
– Wash. State Labor Council reformulates political action strategy as support for Democrats wanes, 1319

PORTUGAL

– Labor codes implemented with new rules that includes job training and work schedules, 372

POSTAL SERVICE (USPS)

– Restructuring, job cuts, closings and early retirement offered to cut costs, 476
– Retiree Health Benefits Funding Reform Act

See LEGISLATION, FEDERAL, S 1507

POSTING NOTICES

– 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; businesses criticize NLRA employee rights notice, Analysis and Perspective, 1642 et seq.
– N.Y. enacts legislation to bar posting Social Security numbers, 299

POULTRY PROCESSING

– George's Processing pays fines to settle charges for hiring undocumented workers (W.D. Mo.), 1518
– Mar-Jac Poultry, OSHA fines $379.8K for multiple violations, 1385
– Pilgrim's Pride, ERISA class action filed alleging breach of fiduciary duty over failure to disclose loss of company stock investments (E.D. Tex.), 135
– Sanderson Farms, OSHRC penalty for employee killed in fire sustained (5th Cir.), 1677
– Tyson's

See FOOD PRODUCTS

PPA

See PENSION PROTECTION ACT (PPA)

PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

PPF

See PLUMBERS AND PIPE FITTERS (PPF)

PREEMPTION

– Cal., L.A. Grocery Worker Retention Ordinance requiring successor employers to retain workers for 90 days after purchase barred by state and federal law (Cal. Ct. App.), 1253
– FELA, Ohio state law requiring plaintiffs suing in state court on asbestos claims under FELA produce threshold medical evidence stands (U.S., rev den), 99
– Guns on company property, OSH Act general duty clause does not preempt Okla. laws holding employers liable for banning, injunction reversed (10th Cir.), 331
– Illinois

– – Airline Deregulation Act, airline mechanic may pursue state law claim for retaliatory firing after complaining about safety rule violations (Conn. App. Ct.), 61
– – NLRA, nonunion contractor who sued under state antitrust law after losing construction pact to IBEW Local 702 has claim reinstated (7th Cir.), 606
– – Rest and meal breaks, whether state hotel room attendant law preempted, minimum labor standards argument challenged (U.S., rev den), 1593

– Labor Management Relations Act

– – Age bias, LMRA preempts state claims of employees denied severance benefits under plant closing agreement (6th Cir.), 24
– – Credited years of service, §301 preempts UAW workers breach of contract and promissory estoppel claims under state law that GM improperly reduced (W.D. Okla.), 605

– Long-term disability benefits misrepresentation, state law fraud claim preempted (U.S., rev den), 686
– RLA no bar to Ore. wage law class action, revived, “ordinary,” “complete” preemption distinguished (9th Cir.), 250
– Sovereign immunity, ruling that Dallas Area Rapid Transit immune from ATU Local 1338 grievance challenging wages left standing (U.S., rev den), 931
– State and local immigration laws, E-Verify creates fight over preemption, Special Report, 616 et seq.
– 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

PREGNANCY DISCRIMINATION

– Labor Outlook 2009, SplSupp (01/29/09)

PREGNANCY DISCRIMINATION ACT (PDA)

– Family leave benefits in U.S. detailed, CRS report, 990
– Pensions, challenge to whether Ledbetter law effects timeliness of pregnancy bias claims of workers denied service credits based on calculations using pre-PDA system (U.S., supplemental brief filed), 323; attorneys discuss possible effect of Ledbetter law, ABA conference, 567; PDA not retroactive, Ledbetter inapplicable (U.S., rvs), 811

PREGNANCY LEAVE

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

PRELIMINARY AND POSTLIMINARY ACTIVITIES

– Donning and doffing

See CLOTHES CHANGING

– Off-the-clock work

See OFF-THE-CLOCK WORK

PRESCRIPTION DRUG BENEFITS

– Am.'s Affordable Health Choices Act

See LEGISLATION, FEDERAL, HR 3200

– Generic equivalents, several major drugs lost patents, equivalents less expensive, 74
– Treatment for chronic illness, number of patients delaying increasing, study, 748

PRESIDENT, U.S.

– Agency actions

See specific agencies and departments

– Bill signings

See LEGISLATION, FEDERAL

– Cabinet posts, various nominations announced, Special Report, 38
– Econ. Recovery Advisory Bd., Obama appoints labor, manufacturing, finance, business advisers to help turnaround economy, 255
– Economic outlook, best way for Obama to stimulate economy is creating jobs and increasing pay, meeting, 63
– Executive orders

See EXECUTIVE ORDERS

– Health care reform

See HEALTH INSURANCE

– Recovery plan

– – House Democratic leaders unveil $825B package, 127
– – Middle-class working families

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– – National lobbying campaign launched to support Obama stimulus plan, 11
– – Obama calls for swift action by Congress, Special Report, 112

PREVAILING WAGES

– Cal. gets $750K in back wages and penalties in settlements against two public works contractors, third case debarred, 300
– Davis-Bacon Act

See DAVIS-BACON ACT

– Delaware and Hawaii enact legislation, 299
– Md. gov. signs apprenticeship training requirements bill, In Brief, 868
– PLA agreements, Obama signs E.O. that urges federal agencies to consider requiring use of PLAs for large-scaled, federally funded construction projects, 242

PRIVACY

– Electronic monitoring

See ELECTRONIC MONITORING

– HIPAA

See HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– Mass. health privacy and data security laws and regulations effective March 1, 2010, attorney says, conference, 1647
– Social Security numbers and personal data, new New York law restricts use and disclosure, 73; 2008 legislation enacted, 299
– Wash. patrol conducts criminal probe of privacy act e-mail inadvertently sent to state legislators by Wash. State Labor Council, 455

PRIVILEGE

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

PRODUCTIVITY

– Industrial production report, Jan. 2009, 329
– Manufacturing sector

See MANUFACTURING

– Multinational firms, recession and productivity reason for job loss, not offshoring, study, 457
– Nonfarm business, BLS report, 4th quarter 2008, preliminary data, 256; 4th quarter, revised, 412; 1st quarter 2009, preliminary, 775
– Restructuring of the economy impacts, conference, 696

PROFESSIONAL AND TECHNICAL ENGINEERS (IFPTE)

– Legal Servs. Corp. approves IFPTE representation by card check authorization, management fails to recognize union, 1507
– President announces intent to run for AFL-CIO Sec'y-Treas., 951

PROFESSIONAL SPORTS

– Natl. Football League Players Ass'n, judge declines to set aside jury verdict finding league cheated retired payers out of royalties (N.D. Cal.), 132

PROJECT LABOR AGREEMENTS (PLAs)

– Large-scale, federally funded construction projects, Obama signs E.O. that urges federal agencies to consider requiring use, 242

PROMOTIONS

– National origin and religious bias, Iranian Muslim quantitative analyst gets damages for remarks, refusal to put in quantitative unit, and firing, EEOC accord (S.D.N.Y.), 62
– 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
– Sex bias, N.J. Transit police lieutenant denied promotions in retaliation for sex bias complaints awarded damages (N.J. Super. Ct.), 366
– Wis. legislature approves bill imposing stiffer damages for job bias, 782; gov. signs bill, 988

PROOF

See generally EVIDENCE
– Burden

See BURDEN OF PROOF

PROPERTY MANAGEMENT

See BUILDING SERVICES

PROPERTY OF EMPLOYER

– E-mail, disciplining employees for using e-mail for union communication and banning display of union insignia is ULP (D.C. Cir.), 1091
– Firearms in locked vehicles, OSH Act general duty clause does not preempt Okla. laws holding employers liable for banning guns on company property (10th Cir.), 331

PUBLIC EMPLOYEES

– Federal

See FEDERAL EMPLOYEES; specific agencies and departments

– State and local

See STATE AND LOCAL GOVERNMENT EMPLOYEES; specific states

PUBLISHING INDUSTRY

– Guard Publ'g, disciplining employees for using e-mail for union communication and banning display of union insignia is ULP (D.C. Cir.), 1091
– Newspapers

See NEWSPAPERS

– Quebecor World, oral pact extension with GCC-IBT Local 65-B valid, management rights clause authorizes change to discipline policy (7th Cir.), 1137

PUERTO RICO

– Congreso de Uniones Indus. de P.R., grain firm's failure to bargain over layoffs of striking workers is ULP (1st Cir.), 364

PULP AND PAPER WORKERS (AWPPW)

– Local 3, Intl. Paper will close 3 mills, 1708

PUNITIVE DAMAGES

– Labor Outlook 2009, SplSupp (01/29/09)
– Maintenance and cure, challenge to whether punitive damages for seamen under maritime law should be remedy when shipowners refuse to provide (U.S., oral arg), 362; (U.S., aff), 1061
– Natl. Football League Players Ass'n, judge declines to set aside jury verdict finding league cheated retired payers out of royalties (N.D. Cal.), 132
– N.J. Transit police lieutenant denied promotions in retaliation for sex bias complaints awarded (N.J. Super. Ct.), 366