Labor Relations Week Index-Summary

RACIAL DISCRIMINATION

– Civil Rights Act of 1866, black electrician denied IBEW membership and job referrals may proceed to trial (W.D. Wis.), 133
– Disparate impact, discarding promotion exam results favoring White and Hispanic Conn. firefighters to avoid suit by black candidates who failed unlawful (U.S., rvs, rem), 1055
– Evidence, factory worker failed to prove biased supervisor influenced decision to fire him under “cat's paw” theory (6th Cir.), 102
– Prayer breaks, EEOC rules meat firm bias for firing Muslims after walkout over denied accommodation, 1401
– Retaliation, SMWIA referral procedures faulty, expert evidence on disparate impact rejected, retaliation claim revived (8th Cir.), 814
– Reverse bias, Labor Outlook 2009, SplSupp (01/29/09)
– UUR files claims against SEIU international with EEOC, 430
– Wis. legislature approves bill imposing stiffer damages for job bias, 782; gov. signs bill, 988

RACIAL HARASSMENT

– Anonymous harasser, panel analyzes “thorny” issues raised, conference, 568

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Card check/neutrality, Cintas' racketeering and trademark infringement claims against UNITE HERE, IBT and CTW dismissed (S.D.N.Y.), 390
– Defrauding nonprofit group, SEIU Local 660 former president pleads guilty to federal charges (C.D. Cal.), 1402
– Freedom From Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– LMRA §302, ad sales reps claim alleging accounting fraud may proceed (D. Ariz.), 645
– New York City

– – N.Y.C. Cen. Labor Coun., former president sentenced to 10 years (S.D.N.Y.), 840
– – UBC, N.Y.C. Dist. Council leader Forde and others charged in $1M bribery scheme (S.D.N.Y.), 1300

– Undocumented workers, hiring to depress wages

– – Mohawk Indus., denial of class certification overturned on appeal, remanded (11th Cir.), 971
– – Remedy, attorneys say RICO claims filed by employees and government likely to increase, Analysis and Perspective, 1106
– – SK Foods, class certification against food processing firm granted (E.D. Cal.), 854

RAIL SAFETY IMPROVEMENT ACT (RSIA)

– Hours of service

– – Recordkeeping and reporting requirements, FRA issues final rule, procedures specified, 845
– – Rest periods, FRA proposed interpretation bans railroads from interrupting with communications to schedule work, 1046

RAILROADS

– Arbitration, NMB closes over 7K grievance cases in FY2009, 1716
– BNSF Rwy., drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 851; DOT reinstates rule, 1248
– Commuter RR workers, FRA to examine fatigue, schedules and sleep patterns, In Brief, 861
– CSX Transp.

– – BLET, pact covering 5K members attained, 1369; pact ratified, 1460
– – FELA, fear of developing cancer valid basis for damages if shown to be “genuine and serious,” $5M award overturned due to improper jury instruction (U.S., rev grant, rvs), 892

– Hours of service

– Norfolk S. Ry., 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
– Representation elections, unions urge NMB to change balloting policy, 1575
– Union Pac. RR, arbitration, challenge to whether Natl. RR Adjustment Bd. panel violated BLET's due process rights by dismissing grievances (U.S., rev grant), 322; (U.S., oral arg), 1633

RAILWAY LABOR ACT (RLA)

– APA plan to discourage pilots from volunteering for optional flights constitutes economic self-help, disrupts operations talks (D.D.C.), 1418
– Arbitration, challenge to whether Natl. RR Adjustment Bd. panel violated BLET's due process rights by dismissing grievances (U.S., rev grant), 322; (U.S., oral arg), 1633
– Fair representation duty

See FAIR REPRESENTATION DUTY

– Federal Aviation Act reauthorization

See LEGISLATION, FEDERAL, HR 915, HR 1512, S 1451

– Flight attendant scheduling disagreement ruled minor dispute under RLA subject to arbitration, injunction overturned (9th Cir.), 935
– Ore. wage law not preempted by RLA, dismissal of class action filed by airline agent reversed (9th Cir.), 250
– Seniority, Delta supports plan for single seniority list of two groups of flight attendants despite AFA-CWA RLA claim (D.D.C.), 277
– Transportation law changes expected under Obama administration, conference, 446; employee reclassification from RLA to NLRA would cancel Boeing purchase order, FedEx tells SEC, 513

REAL ESTATE

– 14 Penn Plaza, pact requiring arbitration for ADEA claims is enforceable (U.S., rvs, rem), 561; AFL-CIO attorney discusses adversarial impact, conference, 567; panelists discuss Pyett ruling and issues confronting negotiators, 1261

RECOGNITION OF UNIONS

– Arbitration, successor hiring UFCW-represented employees must arbitrate if bound by substantive terms of CBA (2d Cir.), 1635
– Card check/neutrality agreements

– – Authorization, NLRA amendment bill

See LEGISLATION, FEDERAL, HR 1409, S 560

– – Berkeley Bowl and UFCW Local 5 reach card check procedure agreement, 927
– – Cal. Senate clears bill creating card check procedures for farmworkers, modeled on EFCA, 697; gov. vetoes bill, In Brief, 1444
– – Cintas' racketeering and trademark infringement claims against UNITE HERE, IBT and CTW dismissed (S.D.N.Y.), 390
– – Employee Free Choice Act (EFCA)

See ORGANIZING

– – Hawaii, House and Senate pass bill similar to EFCA, gov. expected to veto, 782; House and Senate override veto, 1195
– – Ill. public employees, unions may obtain certification as bargaining agent through card check or petition process even absent authorizations for dues deduction (Ill.), 21
– – Legal Servs. Corp. approves IFPTE representation, management fails to recognize union, 1507
– – LMRA, provision in UAW pact did not violate §302 (4th Cir.), 8; (U.S., rev den), 1593
– – Public sector card check procedure did not lead to intimidation, report finds, 909
– – SEIU and Addus HealthCare sign renewal of national pact, 8

– Employee Free Choice Act (EFCA)

See ORGANIZING

– Grand Rapids Educ. Support Personnel Ass'n (GRESPA), bus transportation firm is successor and must recognize predecessor's union (D.C. Cir.), 130
– Natl. Labor Relations Modernization Act

See LEGISLATION, FEDERAL, HR 1355

– Neutrality agreements

See Card check/neutrality agreements, this heading

– NLRB jurisdiction, college affiliated with Presbyterian Church exempt, bargaining order to recognize UAW unenforceable (D.C. Cir.), 440
– N. Am. Healthcare recognizes NUHW as bargaining agent, 474
– Progressive labor standards and card-check recognition, panelists praise San Francisco's procedures, 104
– Secret balloting

See SECRET BALLOTS

– Unfair labor practices

– – AFT Local 4986, §10(j) injunctive relief granted ordering successor to recognize and bargain with (E.D. Cal.), 1140; ALJ findings adopted (NLRB), 1678
– – CJA Local 2316, manufacturer violated NLRA by withdrawing union recognition based on employee decertification petition tainted by employer's unlawful assistance (NLRB), 246
– – CNA, NLRB files petition seeking NLRA §10(j) injunction against hospital for withdrawing recognition (E.D. Cal.), 399; injunction ordered granting CNA recognition (E.D. Cal.), 601; hospital that improperly withdrew recognition ordered to bargain (NLRB ALJ), 771; hospital ordered to recognize CNA as union representative (NLRB), 1417
– – GRESPA, bus transportation firm is successor and must recognize predecessor's union (D.C. Cir.), 130
– – IBT, §10(j) injunction issued against wholesaler for failing to recognize IBT, outsourcing and hiring violations (D. Conn.), 160; successor unlawfully refused to hire IBT-affiliated workers (NLRB), 1591
– – LIUNA Local 872, NLRB ruling that withdrawal lawful after reasonable time for bargaining with golf course elapsed overturned (9th Cir.), 768
– – Natl. Staff Nurses Union Local 141, medical center violated NLRA by withdrawing before certification year expired (9th Cir.), 361
– – NLRB two-member ruling that steel firm committed ULP by repudiating a pact and withdrawing IAM recognition upheld (7th Cir.), 709; resolution to 2-1 circuit split upholding two-member authority ruling sought (U.S., petition filed), 893; NLRB asks justices to uphold board's authority (U.S., brief filed), 1553
– – NUHW, N. Am. Healthcare recognizes union as bargaining agent, SEIU files charges, 474
– – Picketing, manufacturer and IBT Local 853 agree to cease and desist (NLRB), 1419
– – Protected concerted activity, nursing home supervisor's interrogation, threats, firing of pro-union workers violations, ordered to recognize, bargain with SEIU (N.D. Ill.), 812; recognition, bargaining ordered (NLRB), 1473
– – SEIU

– – – Healthcare Mich., §10(j) injunction issued ordering nursing home to restore (E.D. Mich.), 602; settlement approved (NLRB Reg. Dir.), 1299
– – – Ill. nursing home that fired nurses during organizing drive ordered to recognize and bargain (NLRB), 1473

– – Successor contract, declaring impasse and implementing terms including discretionary use of union workers and withdrawing recognition violated NLRA (D.C. Cir.), 57
– – UMWA, energy subsidiary ordered to hire 85 miners pending NLRB's ULP ruling, court's refusal to order recognition and bargaining affirmed (S.D.W. Va.), 1094; subsidiary ordered to cease and desist ULPs, hire, recognize, bargain with union (NLRB), 1587

– Withdrawal

– – IBEW Local 131, withdrawal unlawful after union technicians combined with unrepresented and represented employees, injunction denied (W.D. Mich.), 813
– – LIUNA Local 872, NLRB ruling that withdrawal lawful after reasonable time for bargaining with golf course elapsed talks overturned (9th Cir.), 768
– – New Process Steel, NLRB two-member ruling that repudiating a pact and withdrawing IAM recognition is ULP upheld (7th Cir.), 709; resolution to 2-1 circuit split upholding two-member authority ruling sought (U.S., petition filed), 893; NLRB asks justices to uphold authority (U.S., brief filed), 1553

RECORDKEEPING

– Driver's Privacy Protection Act, challenge to whether UNITE HERE violated for using motor vehicle records to find Cintas employees' home addresses during organizing drive (U.S., rev den), 483; Cintas employees not entitled to punitive damages, UNITE HERE request for jury trial denied (3d Cir.), 1344
– Falsified safety records, Tenn. Valley Auth. contractor pays $6.2M to settle charges (E.D. Tenn.), 180
– Hours of service, FRA issues final rule to railroads, procedures specified, 845
– Injury and illness national emphasis program, OSHA plans launch in Aug., economist says, 1225; OSHA launches program, 1602

RECRUITING

– H-2A visas, temporary agriculture program, ETA extends transition period for employer compliance for pre-filing recruitment procedures, 640
– Young women, Job Corps training program finds difficulty meeting enrollment goals, GAO report, 1075

REDUCTIONS IN FORCE (RIFs)

– AT&T announces 2500 job cuts in wireline business, 1543
– Challenger, Gray & Christmas, 2008 annual report, 108; Jan. 2009, 293; Apr., 776; July, 1304
– Goodyear Tire & Rubber, RIFs at three plants represented by USW Local 831 announced, 313
– Layoffs

See LAYOFFS
– – Announcements

See LAYOFF ANNOUNCEMENTS

– McClatchy Co. announce job cuts, 392
– Outplacement

See OUTPLACEMENT SERVICES

– Philip Morris will close N.C. plant more than one year earlier, 674
– Pratt and Whitney announce job cuts, 1545
– USPS announce job cuts, closings and early retirement to cut costs, 476

REFUSAL TO BARGAIN

See BARGAINING DUTY

REHABILITATION ACT

– Lilly Ledbetter

– – Fair Pay Act

See LEGISLATION, FEDERAL, HR 11, S 181

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

REIMBURSEMENT OF EXPENSES

– Travel

See TRAVEL AND TRANSPORTATION EXPENSES

REINSTATEMENT

– Back pay, USW Local 812 not obligated under CBA to pay back wages for time reinstated employee out of work, despite delay in demanding arbitration (8th Cir.), 1515
– Caterpillar announces recalls, 1709
– Driver safety, OSHA orders UPS to rehire driver, pay penalties, back wages, benefits and damages, 593
– Status benefit, Ford violated ERISA §510, LMRA §301 by failing to honor 1989 rehire vow (E.D. Mich.), 1681
– Unfair labor practices

– – Bronx bakery closing announced one day before strikers reinstated, 1087; bakery ordered to reinstate and pay back pay to ULP strikers (NLRB ALJ), 1097; bakery will be sold and relocated to Ohio, 1456
– – Hospital failed to show technician unlawfully fired for engaging in strike is ineligible despite felony conviction (NLRB), 1177
– – Immigration, roofing firm required to pay liquidated damages and reinstate fired workers, unless undocumented (9th Cir.), 1051
– – Strikers, challenge to whether nursing homes failure to reinstate strikers while secretly hiring permanent replacements violates NLRA (U.S., rev den), 1632

RELIGIOUS DISCRIMINATION

– 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
– N.J., 2008 legislation enacted, 299
– Prayer breaks, EEOC rules meat firm bias for firing Muslims after walkout over denied accommodation, 1401
– Religious Freedom Restoration Act

See RELIGIOUS FREEDOM RESTORATION ACT (RFRA)

– Remarks, promotion denial, and firing, Iranian Muslim quantitative analyst gets damages, EEOC accord (S.D.N.Y.), 62

RELIGIOUS FREEDOM RESTORATION ACT (RFRA)

– 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
– Faith-based groups, DOL issues guidance clarifying application, 56

RELIGIOUS ORGANIZATIONS

– Accommodation, Ore. gov. signs bill, In Brief, 1196
– Carroll College affiliated with Presbyterian Church, exempt from NLRB jurisdiction, bargaining order to recognize UAW unenforceable (D.C. Cir.), 440
– Non-Minister Religious Worker Visa Program

See LEGISLATION, FEDERAL, HR 1127

– Pope Benedict XVI encyclical addresses challenges in workers' ability to form unions, support for labor unions reiterated, 1153

RELOCATION OF EMPLOYEES

– Residence change 12.3% in 2008, Census Bureau says, 689

REMEDIES

– Back pay

See BACK PAY

– Damages

See DAMAGES

– ERISA, steel retirees' $46.2M award for miscalculations left intact, no review conducted on remedies available for statutory violations (U.S., rev den), 98
– Fines

See PENALTIES

– Injunctions

See INJUNCTIONS

RENTAL CARS AND TRUCKS

See AUTOMOTIVE INDUSTRY

REPETITIVE STRESS INJURIES

See generally MUSCULOSKELETAL DISORDERS

REPORTING REQUIREMENTS

– Accidental chemical release reporting regulation, CSB seeks comments on establishing, 1068
– Hours of service, FRA issues final rule to railroads, procedures specified, 845
– Human trafficking, 1200 incidents reported between 1/1/2007-9/30/2008, DOJ says, 184
– Job Corps performance outcomes, DOL failed to file annual reports to Congress, misreported placement data, OIG reports, 540
– LMRDA

See LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)

– Pensions, PBGC issues update waiving certain for controlled groups with defined benefit plan underfunding, 20
– Waivers, PBGC releases final rule waiving financial reporting, In Brief, 438
– W. Va., industrial accident reporting rule adopted, In Brief, 940

REPORTS

– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.

REPRESENTATION

– Legal

See ATTORNEYS
– – Fees

See ATTORNEYS' FEES

– NLRB produces digital video presentation in English and Spanish, In Brief, 1630
– Union

See specific unions
– – Elections for union representation

See REPRESENTATION ELECTIONS

– – Fair representation duty

See FAIR REPRESENTATION DUTY

REPRESENTATION ELECTIONS

– Affiliated Computer Servs. challenges CWA Local 1102 representation election by N.Y. customer service employees, 1172
– Am. Etc. d/b/a Royal Laundry, election petition dismissed, Workers United Local 75 is bargaining representative despite disaffiliation from UNITE HERE (NLRB), 958; ruling upheld, review denied (NLRB), 1221
– Am. Med. Response, NEMSA representation pact certified, 31
– Blue Diamond Growers, ALJ recommends certification of ILWU Local 17 loss, 1557
– Cal. hospitals and nursing homes, NUHW files 64 petitions with NLRB, 194; elections postponed until NLRB probes ULP charges filed by SEIU Intl. Union against UHW-W, 309; SEIU files ULP charges, 474; for further action, see specific hospitals or health care facilities, this heading
– Cape Air, Cape Air Pilots Ass'n elected bargaining agent, 762
– Card checks

See RECOGNITION OF UNIONS

– Carney Hosp., Boston workers choose 1199SEIU UHW-E, 963
– Catholic Healthcare West (CHW) hospitals, NUHW files petition with NLRB to represent workers, 235; NLRB S.F. Reg'l director dismisses petition, 473
– Colgate Scaffolding, CJA certified as representative, delay in opening polls did not impact vote outcome (NLRB), 1469
– Comcast of Cal., technicians reject CWA representation, 31
– Community Med. Ctr., new NYSNA election ordered (NLRB), 932
– Del. N. Cos. Travel Hospitalities Servs., Workers United files petition with NLRB seeking election after UNITE HERE ratifies new national pact, 1284; NLRB Reg. 22 dismisses Workers United request for new election, 1416
– Delta Air Lines/Northwest Airlines, single transportation system

– – AFA asks NMB to declare system to spur election, 1211; delaying election while NMB considers request to change voting rules opposed, 1620
– – IAM asks NMB to declare single transportation system for three job classifications, 1329

– Doctors Med. Ctr., caregivers elect NUHW over SEIU, UHW protests decision to hold election, 844
– Electronic filing, NMB extends trial period and comments until Aug. 10, In Brief, 1136
– First Student, Olathe, Kan., IBT Local 838 certified as bargaining agent for drivers and mechanics, 31
– Foxwoods Resort Casino, election under tribal law slated for April, UFCW Local 371 president says, 509; beverage employees reject UFCW representation, 598
– Fresno County in-home health care workers will vote for either NUHW or UHW-W as bargaining agent, 672; UHW-W elected, NUHW plans to challenge, 1001; Cal. Dep't of Indus. Rels. certifies UHW-W, 1171
– Frontier Airlines, AFA-CWA files petition with NMB seeking election, 1581
– Gateway Packaging, Local 383T status as bargaining representative not affected by Joint Bd. disaffiliation from UNITE HERE, petition denied (NLRB), 1255
– Hartz Mountain, IUJAT service workers affiliate Local 355 certified as bargaining agent for production and warehouse workers, 31
– Horizon and Alaska Airlines, IBT confident it will oust AMFA as representative of mechanics, 312; IBT wins representation vote, 638
– Host Intl., Tampa Airport workers elect Workers United, 1246
– Internet voting, NMB seeks comments sought on whether to let participants post hyperlinks to voting website, 1551
– JetBlue Airways pilots reject JetBlue Pilots Ass'n representation, 200
– Kaiser Permanente, NUHW files petition with NLRB, 358; NLRB Oak. Reg'l director dismisses petition, 591
– Lakewood Reg'l Med. Ctr., NUHW files petition for L.A. hospital subcontractors harmed by “sweetheart deals,” 316
– Las Vegas hospitals, RNs elect CNA/NNOC as bargaining agent ousting SEIU, 556
– MeadWestvaco, USW challenges loss to CPU, new election ordered (NLRB ALJ), 285; workers approve CPU Local 675 representation over USW, 1671
– NLRB-supervised

– – Employer opposition to organizing and union activity, workers routinely subjected to threats, harassment, surveillance, EPI report, 869; Chamber of Commerce report criticizes union arguments to push for labor law changes, 1653
– – Win rates of unions, 2008, 742

– NMB balloting policy, unions urge change, 1575
– Norton Audubon Hosp. threatened loss of pay hikes and interfered with union activity prior to CNA/NNOC election (NLRB ALJ), 25
– Providence Tarzana Med. Ctr., NUHW files petition for L.A. hospital subcontractors harmed by “sweetheart deals,” 316
– St. Barnabas, interns and residents are employees, not students, representation election ordered (NLRB Reg.), 885
– St. Elizabeth workers approve Local 1199SEIU UHW-E representation, 598
– St. Mary's Hosp., Reno, Nev., CWA Local 9415 certified as bargaining agent, 31
– Secret balloting

See SECRET BALLOTS

– Smithfield Packing, UFCW representation rejected, 677
– 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
– Southampton Hosp., N.Y., SEIU UHW-E certified to represent registered nurses, 31
– State Univ. of N.Y. Research Found., CWA Local 1104 certified as bargaining agent for research assistants, 31
– Union Hosp., workers vote for 1199SEIU UHW-E, 1131
– UNITE HERE/Workers United dispute, NLRB official issues guidance on how to handle charges and representation petitions stemming from, 1041
– Vista Vineyard Mgmt., Cal. ALRB decertifies UFW as representative, 755

RESIGNATION FROM EMPLOYMENT

– ADA, arbitration ruling on whether worker who resigned without notice under terms of union pact bars re-litigating issue in related suit challenged (U.S., rev den), 324

REST PERIODS

See BREAKS, MEAL AND REST

RESTAURANTS

See FOOD SERVICES

RESTRAINING ORDERS

See INJUNCTIONS

RESTRICTIVE COVENANTS

– Noncompetition

See NONCOMPETE AGREEMENTS

RETAIL INDUSTRY

– Baby Zack's, overtime pay applies to store located on tribal land and owned by Indian tribe member, treaty no bar (9th Cir.), 687
– Circuit City plans to liquidate assets that would close remaining stores and cut jobs (E.D. Va.), 126
– Dollar Gen.

– – FMLA retaliation, challenge to whether verdict favoring worker fired after using protected leave consistent with Act (U.S., rev den), 174
– – Job creation, 4K new jobs planned, In Brief, 553

– Jones Apparel Group, 1K job cuts announced, 715
– Macy's, layoffs announced, 89; restructuring will cut 7K jobs, Special Report, 219
– Menards, OSHA fines for violation in worker's death, In Brief, 1269
– N.Y.C. workers receive low wages and limited health benefits, study, 41
– UFCW, pacts with

See FOOD AND COMMERCIAL WORKERS (UFCW)

– Wal-Mart

– – Benefits, hourly workers will get $2B in bonuses, discounts, and 401(k) contributions, 476
– – China, restructuring plan to relocate and scale back managers “softened,” 674
– – Handbilling dispute involving UFCW ends after employer withdraws its exception to ALJ 2001 decision and NLRB adopts ALJ's findings and conclusions, 1421
– – Health care reform, employer mandates supported, 1109
– – Job creation, 22K new jobs planned in 2009, In Brief, 921
– – Meal breaks, $3M paid to Mass. for violations, In Brief, 1552
– – Multiple wage and hour suits settled pending approval of trial courts, 9; Wal-Mart will pay $35M (Wash. Super. Ct.), 1205
– – Off-the-clock work, accord and civil penalty over Minn. labor law violations approved (Minn. Dist. Ct.), 968
– – Organizing

– – – Labor practices, UFCW-led coalition launches campaign aimed at holding retailer accountable, details listed, 1402
– – – Unionization push increasing after Obama election, over 100 authorization cards signed, 719
– – – WakeUpWalMart.com, SEIU and UFCW unite to form, 1245

– – Third-party beneficiaries, foreign employees claim that retailer liable for suppliers failure to comply with local labor laws rejected (9th Cir.), 1138
– – Trampling death of part-time employee, OSHA proposes $7K fine, 902
– – Unlawful express advocacy, using meeting to urge workers to vote against Democrats, FEC split over complaints, closes case, 840
– – Wal-Mart Canada

See CANADA

RETAIL, WHOLESALE, AND DEPARTMENT STORE UNION (RWDSU)

– Local 1102, first pact ratified with H&M Hennes & Mauritz, 842

RETALIATION

– Auto worker failed to prove employer retaliated for reporting harassing comment and evasiveness about obtaining union address (6th Cir.), 642
– Cross border trucking pilot program, Mex. will increase duties on U.S. commodity exports in retaliation for ban, 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
– FLSA compliance, more oversight expected under DOL Sec'y Solis, attorney says, conference, 1143
– FMLA, challenge to whether verdict favoring worker fired after using protected leave consistent with Act (U.S., rev den), 174
– N.Y. wage and hour laws, gov. signs bill hiking penalties and allowing damages for employers that retaliate, 1443
– Organizing and union activity, employer opposition, workers routinely subjected to threats, harassment, surveillance, EPI report, 869; Chamber of Commerce report criticizes union arguments to push for labor law changes, 1653
– Overtime distribution, filing grievance not protected activity, no Title VII, N.Y. HR Law claim (W.D.N.Y.), 1676
– Race bias, SMWIA referral procedures faulty, expert evidence on disparate impact rejected, retaliation claim revived (8th Cir.), 814
– Sex bias, transit police officer denied promotions awarded $1.5M in damages (N.J. Super. Ct.), 366
– Sexual harassment, challenge to whether Title VII anti-retaliation provision protects employee from being fired for cooperating with employer internal probe (U.S., rev, rem), 172
– Whistleblowing

See WHISTLEBLOWING

– Wrongful discharge, NLRB has jurisdiction over retaliatory discharge claims by hospital employee fired for union organizing activities (Ky.), 208

RETENTION OF EMPLOYEES

– Cal. Grocers Ass'n, Grocery Worker Retention Ordinance preempted by Cal. code and NLRA (Cal. Ct. App.), 1253
– Training

– – Industry-specific training results in higher retention and pay for trainees, report, 749
– – Young women, Job Corps training program finds difficulty meeting enrollment goals, GAO report, 1075

RETIREE HEALTH BENEFITS

– Delphi

– – Salaried retirees, Delphi seeks to cut health and life insurance benefits for current and future salaried retirees (Bankr. S.D.N.Y.), 236; IUE-CWA and GM reach agreement on retiree health care and pensions, 1408
– – VEBA, use TARP money to fund

See LEGISLATION, FEDERAL, S 1663

– Employer-based system

– – Obama administration committed to improving, DOL Secy. says, conference, 1729
– – Total benefit contributions, value as percentage of pay, 2002-2008, survey, 1737

– ERISA/LMRA

– – Alterations violated 1985 plant closing pact, class certified, includes pre-agreement retirees (E.D. Wis.), 936
– – Benefit cuts

– – – Ambiguous pact, claims based on ambiguous pact, transfer of liability revived (6th Cir.), 1472
– – – Salaried retirees, Delphi seeks to cut health and life insurance benefits for current and future salaried retirees (Bankr. S.D.N.Y.), 236
– – – UAW class action certified (W.D. Mich.), employer has standing to seek declaratory judgment, bid for transfer to Mich. court denied (S.D. Iowa), 287

– – Deere's unilateral changes to benefits not ERISA violation (S.D. Iowa), 1718
– – Fiduciary duty, retiree may sue for breach in underfunding even though ERISA imposes no minimum funding requirement (D. Conn.), 100
– – Raytheon sued over changes to vested benefits in violation of (D. Ariz.), 685
– – Retirement-eligible workers when 1988 pact expired not entitled to benefits, class claim rejected (6th Cir.), 209
– – Standing to sue

– – – Cancellation, retirees showing benefits entitlement have standing to challenge regardless of vesting status, prior ruling reversed (9th Cir.), 896
– – – Spin-off, former telecommunications employees transferred post-retirement to benefit plans sponsored by spin-off lack standing (10th Cir.), 488

– – §301 preempts workers breach of contract and promissory estoppel claims under state law that GM improperly reduced their credited years of service (W.D. Okla.), 605
– – Vesting

See Vesting, this heading

– – Worker protections expansion under ERISA, new legislation urged at end of 2014, DOL Secy. and others say, conference, 1729

– GM of Canada, CAW unable to meet demands for retiree concessions despite bankruptcy threat, 759
– GM Retiree Ass'n (GMRA), hearing announced on whether to appoint committee to represent interests of participants (Bankr. S.D.N.Y.), 920
– Postal Serv. Retiree Health Benefits Funding Reform Act

See LEGISLATION, FEDERAL, S 1507

– Retirement 20/20, future policy could include new risk-mitigation programs, actuaries identify ways to improve traditional model, 1109
– VEBAs

See generally VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS (VEBAs)

– Vesting

– – ERISA/LMRA

– – – Polymers firm retirees entitled to trial on claim challenging employer benefit changes (6th Cir.), 565
– – – Right to free lifetime benefits vested, but scope, extent may be altered (6th Cir.), 1224
– – – Standing to sue, retirees showing benefits entitlement have standing to challenge regardless of vesting status, prior ruling reversed (9th Cir.), 896

– – Voluntary and involuntary unpaid leave, furloughs impact on, Analysis and Perspective, 941 et seq.

RETIREMENT

– Adequacy and structure, ERISA Council evaluates, speakers differ on improving, 1528
– Chamber of Commerce releases report, intends to work with policymakers on recommendations, 1156
– Confidence, inadequate financial resources cause delay or need to work part-time, survey, 658
– Designated beneficiary agreement for unmarried people, Colo. gov. signs bill, 657
– Early

See EARLY RETIREMENT

– Employee benefits report, BLS, Mar. 2009, 1265
– 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

– Health benefits

See RETIREE HEALTH BENEFITS

– Honda N. Am. offers voluntary retirement and separation packages, labor cost cuts include reduction in production days, bonuses and managers pay, 675
– Incentives and education urged to add number of workers who choose rollover rather than lump-sum payment when changing jobs, EBRI report, 151
– Mandatory

See MANDATORY RETIREMENT

– Older workers, employers ill-prepared to manage challenges exacerbated by recession, Boston researcher says, 1074
– Pensions

See PENSIONS
– – PPA

See PENSION PROTECTION ACT (PPA)

– Phased retirement

– – Access blocked by pension rules, bureaucratic barriers, AARP reports, 264
– – Flexible work arrangements, diverse range of employees may benefit, 1730

– Preserving Union Values Charitable Foundation planned to preserve labor heritage, mobilize retirees, Special Report, 1230
– Savings

– – 401(k) plans, GAO urges changing hardship withdrawal rules to control leakage, 1612
– – Pension contributions have diminished, AARP survey, 115

– Voluntary retirement incentive program, Washington Post offers, 512; WBNG Local 32035 ratifies pact, 960

REVERSE DISCRIMINATION

– Disparate impact, discarding promotion exam results favoring White and Hispanic Conn. firefighters to avoid suit by black candidates who failed unlawful (U.S., rvs, rem), 1055

RFRA

See RELIGIOUS FREEDOM RESTORATION ACT (RFRA)

RHODE ISLAND

– Family military leave legislation enacted, 299
– Misclassifying FedEx Ground drivers as independent contractors may circumvent worker protections and result in uncollected tax revenues, state AGs say, 1042

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

RIFs

See REDUCTIONS IN FORCE (RIFs)

RIGHT TO WORK

– First Amend., Idaho law banning state employees' payroll deductions for political causes does not violate union's free speech (U.S., rvs), 321

RLA

See RAILWAY LABOR ACT (RLA)

ROOFERS, WATERPROOFERS, AND ALLIED WORKERS (RWAW)

– Local 135, accord requires roofing firm to pay liquidated damages and reinstate fired workers unless they are undocumented (9th Cir.), 1051

ROOFING

– C&C Roofing Supply must comply with accord and pay liquidated damages to fired workers, but not required to rehire undocumented workers (9th Cir.), 1051

RSIA

See RAIL SAFETY IMPROVEMENT ACT (RSIA)

RUBBER INDUSTRY

– Tires

See TIRE INDUSTRY

RWANDA

– Child labor prevention, ILAB offers grants for funding, In Brief, 600

RWAW

See ROOFERS, WATERPROOFERS, AND ALLIED WORKERS (RWAW)

RWDSU

See RETAIL, WHOLESALE, AND DEPARTMENT STORE UNION (RWDSU)