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 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

PAPER INDUSTRY

– MeadWestvaco, USW challenges loss, CPU's illicit direct dealing violated NLRA, new representation election ordered (NLRB ALJ), 285
– 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

– – 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

– 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

– Driver safety, OSHA orders UPS to rehire driver, pay penalties, back wages, benefits and damages, 593
– Failure to disclose documents to participants and beneficiaries, DOL issues final rule covering authority to assess civil fines, 54
– Fatalities

– – 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
– Illegal Immig. Enf. and Soc. Sec. Protection Act

See LEGISLATION, FEDERAL, HR 98

– Lead 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
– – 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
– Okla., House approves bill to assess penalties for employers issuing bad paychecks, 578
– 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

– – 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

– SEIU Local 6434, United Long Term Care Workers (ULTCW) sues former president for $1.1M in restitution (Cal. Super. Ct.), 562
– Tenn. unemployment insurance, Legislature approves penalties for misrepresentation, misconduct, and fraud, 947
– W. Va., industrial accident reporting rule adopted, In Brief, 940

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

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

– 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
– Terminated plan, transfer of USW claim over denial of miners' plant shutdown benefits to federal court granted (D. Minn.), 441
– 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
– 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

PENSIONS

– 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
– Defined benefit plans

See DEFINED BENEFIT PLANS

– Defined contribution plans

See DEFINED CONTRIBUTION PLANS

– 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

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

See MULTIEMPLOYER PLANS

– 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)

– Pre-bankruptcy petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 248
– 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

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

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

– 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

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
– Notification, NLRB ruling that firing correctional medical clinic workers for failing to give advance notice of was lawful reversed (2d Cir.), 1014
– 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

– 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

PILOTS (IPA)

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

PIPELINES

See OIL AND GAS

PLANT CLOSINGS

– 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
– 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
– Layoffs

See LAYOFFS

– 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
– 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 Web site set up to aid small business owners and workers facing closures, job losses, 801
– 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 under plant closing agreement (6th Cir.), 24
– USPS announce, job cuts, closings and early retirement to cut costs, 476
– WARN Act

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

PLAs

See PROJECT LABOR AGREEMENTS (PLAs)

PLUMBERS AND PIPE FITTERS (PPF)

– 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

– Bipartisan Campaign Reform Act, panel sets fast-track schedule for briefing in GOP suit challenging soft money restrictions (D.D.C.), 51
– Campaign financing

– – Corporate-funded messages about federal candidates, FEC regulation and disclosure challenged (U.S., oral arg), 524
– – Labor Outlook 2009, SplSupp (01/29/09)

– FEC split over complaints that Wal-Mart used meeting to urge workers to vote against Democrats, closes case, 840
– Hawaii, Abercrombie (D-Hawaii) announces intention to run for governor in 2010, 855
– Health care reform

See HEALTH INSURANCE

– Tax-exempt status, AFL-CIO and CTW file complaint against two unions with §501(c)(3) status for endorsing GOP senatorial candidates, 351

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

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
– N.Y. enacts legislation to bar posting Social Security numbers, 299

POULTRY PROCESSING

– 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
– Tyson's

See FOOD PRODUCTS

PPA

See PENSION PROTECTION ACT (PPA)

PPF

See PLUMBERS AND PIPE FITTERS (PPF)

PREEMPTION

– 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

– 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

– 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

– 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

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)

– 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
– 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

– 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

– Newspapers

See NEWSPAPERS

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

PUNITIVE DAMAGES

– Compensation and assistance, challenge to whether damages under maritime law should be remedy for shipowners that fail to provide “maintenance and cure” (U.S., oral arg), 362
– Labor Outlook 2009, SplSupp (01/29/09)
– 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