Labor Relations Week Index-Summary

SAFETY, OCCUPATIONAL

See OCCUPATIONAL SAFETY AND HEALTH
– OSHA

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

SAG

See SCREEN ACTORS GUILD (SAG)

SALARIES

See WAGES AND SALARIES

SALES OF BUSINESSES

– Mergers

See MERGERS AND ACQUISITIONS

– Successor employers

See SUCCESSOR EMPLOYERS

– Sun Microsystems will layoff 3K employees as part of sale to Oracle, In Brief, 1709

SALTING

– Back pay, SMWIA and CJA challenge to NLRB's evidentiary rule for determining pay for “illegally discharged salts” is premature (D.C. Cir.), 563
– Truth in Employment Act

See LEGISLATION, FEDERAL, HR 2808, S 1227

SANCTIONS

See PENALTIES

SATISFACTION, JOB

See JOB SATISFACTION

SCHOOLS

See EDUCATIONAL INSTITUTIONS

SCREEN ACTORS GUILD (SAG)

– AMPTP and SAG

– – Natl. Bd. of Directors approve tentative pact, ratification urged, 634; pact ratified, 961
– – TV and cable animation, pact approved, 1370

– Ass'n of Natl. Advertisers/Am. Ass'n of Adver. Agencies, SAG and AFTRA, commercials pact attained, 555; joint board urges ratification, 635; pact ratified, In Brief, 843
– President, Howard elected, 1568
– Video game companies, pact attained, 1578

SEAFARER'S WAGE ACT

– Mandatory arbitration, cruise line workers' individual job and bargaining pacts not FAA-exempt as seamen's employment contracts (U.S., rev den), 1013

SEASONAL WORKERS

– Recreational establishment, seasonal lifeguards exempt, town beach open less than 7 months in calendar year, Op. Letter, 462
– Summer workers, nearly half of employers will not hire or plan to hire fewer workers in 2009, report, 540

SECRET BALLOTS

– Employee Free Choice Act (EFCA)

See ORGANIZING
– – Legislation

See LEGISLATION, FEDERAL, HR 1409, S 560

– GOP legislation

See LEGISLATION, FEDERAL, HR 1176, S 478

– National Labor Relations Modernization Act

See LEGISLATION, FEDERAL, HR 1355

– Representation elections

– – State initiatives, business-backed group to urge states to adopt constitutional amendments requiring secret ballots for union representation, 70; state initiatives prompt debate over NLRA preemption and constitutionality, attorneys say, Analysis and Perspective, 533; Ark. AG rejects amendment requiring secret ballot representation election, 987
– – Wal-Mart Canada, Labor Relations Bd. erred by not directing secret ballot vote among Weyburn outlet employees before certifying UFCW (Sask. Ct. Queen's Bench), 1096

SECURITIES

– AA Capital Partners, ERISA, investment manager ordered to restore $50M in losses to 5 Mich. funds (N.D. Ill.), 1301
– Brokerages

See FINANCIAL INSTITUTIONS

– ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Multiemployer plans, ERISA claim filed over losses tied to Madoff investments (S.D.N.Y.), 1589
– VEBA, EBSA issues proposed prohibited transaction exemption to allow GM to transfer securities to retirement health plan, 1509

SECURITY CLEARANCES

– Transp. Worker Identification Credential (TWIC)

– – Am. Samoa, DHS issues final rule to exempt some foreign workers from obtaining, 517
– – Port worker background checks, TSA reforms should include translation services, processing deadlines, report, 1234

SECURITY GUARDS

– ADT Sec. Servs., withdrawal from IBEW Local 131 unlawful when reassignment combined represented and unrepresented workers, injunction denied (W.D. Mich.), 813
– AlliedBarton Sec. Servs., FJC Sec. Servs., pacts with SEIU attained covering guards in N.Y.C. municipal buildings, 803
– Greenbrier Sec. Union, 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
– Securitas Sec. Servs., SEIU hails Kaiser Permanente decision to give security contract to more union-friendly firm, 162; SEIU pact ratified with Kaiser, 1208

SEIU

See SERVICE EMPLOYEES (SEIU)

SENIORITY

– Delta Air Lines supports plan for merged lists of 2 groups of flight attendants despite AFA-CWA RLA claim (D.D.C.), 277
– LMRA §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

SERVICE EMPLOYEES (SEIU)

– Addus HealthCare, renewal of national pact containing neutrality/organizing agreement signed, 279
– Appointments and personnel changes, Intl. Ex. Bd. (IEB) names two executive VPs, elects four VPs and seven IEB members, 957
– Bank of Am., NUHW files complaint with NLRB Reg. 2 questioning SEIU financial ties to, 1001
– Cal.'s In-Home Supportive Servs. program, SEIU and NUHW challenge whether proposed pay cuts violate ARRA terms, 758; preliminary injunction granted halting pay cuts (N.D. Cal.), 1041; emergency stay of preliminary injunction enjoining Cal. from implementing pay cuts denied (9th Cir.), 1179; Fresno County's request for dismissal rejected (N.D. Cal.), 1717
– “Change that Works” campaign launched to support jobs stimulus, health care reform and EFCA, 110
– Citigroup plan to hike workers' base salaries to compensate for smaller bonuses, SEIU chairman and Dodd (D-Conn.) decry move, 1043
– CNA/NNOC, agreement reached to jointly organize health care employees and bargain with employers, 472
– Comm. of Interns and Residents, interns and residents are employees, not students, representation election ordered (NLRB Reg.), 885
– Disaffiliation

– – AFL-CIO's Sweeney calls 2005 disaffiliation “biggest disappointment” during 14-year tenure, BNA Interview, 1429
– – UHW-W

See United Healthcare Workers-West (UHW-W), this heading

– Doctors Med. Ctr., caregivers elect NUHW over SEIU, UHW protests decision to hold election, 844
– ERISA, SEIU may sue NUHW for fiduciary breach alleging it diverted union benefit funds to establish itself as rival union (N.D. Cal.), 969
– Ethic codes and conflict of interest policy, Intl. Ex. Bd. (IEB) approves, 957
– Health care reform, employer mandates supported, 1109
– Healthcare Pa., pact ratified with Allegheny Hosp., 1670
– Heartland Health Care Ctr., §10(j) injunction issued ordering recognition of SEIU Healthcare Mich. (E.D. Mich.), 602; settlement approved (NLRB Reg. Dir.), 1299
– Hotline and website set up to aid small business owners and workers facing closures, job losses, 801
– Local 1, PBGC approves amendment requested by multiemployer plan to use special withdrawal liability rules, 1510
– Local 4, interrogation, threats, firing of pro-union workers likely ULPs, nursing home ordered to recognize, bargain (N.D. Ill.), 812; recognition, bargaining ordered (NLRB), 1473
– Local 32BJ

– – AlliedBarton Sec. Servs., FJC Sec. Servs., pacts attained covering guards in N.Y.C. municipal buildings, 803
– – Arbitration, 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
– – Triangle Servs., ADA, “substantive waiver” not enforceable, office cleaner may not be compelled to arbitrate if union pact blocks access to forum (S.D.N.Y.), 850

– Local 49, Daimler Trucks awarded Army contract to make military trucks, Portland, Ore. plant will remain open, 1543
– Locals 56, 758, N.Y. Hotel and Motel Trades Council face arbitration for resisting pay and benefit cuts, 591
– Local 199, mandatory swine flu (H1N1) vaccination policy arbitrated, Special Report, 1650 et seq.
– Local 250, in-home supportive services file petition seeking election to end ties with SEIU and join NUHW, 396
– Local 434B, “perfectly clear” successor exception inapplicable to new nursing home owner, no duty to bargain over unilateral changes (D.C. Cir.), 1092
– Local 500, home-based child care providers will vote on first pact with Md. State Dep't of Educ., 1006; providers vote to ratify first pact, 1129; gov. signs first pact, 1694
– Local 660, former president pleads guilty to charges in scheme to defraud nonprofit group (C.D. Cal.), 1402
– Local 721, Ex. VP and local president Grajeda resigns to become assistant to Sec'y-Treas. Burger, 428
– Local 1107, Las Vegas RNs elect CNA/NNOC as bargaining agent ousting SEIU, 556
– Local 1199SEIU, Healthcare Workers East

See United Healthcare Workers-East (UHW-E), this heading

– Local 2007, Stanford Univ. workers ratify pact, 1405
– Local 6434, United Long Term Care Workers (ULTCW) sues former president for $1.1M in restitution (Cal. Super. Ct.), 562
– Natl. Union of Healthcare Workers

See HEALTHCARE WORKERS (NUHW)

– OSO Group sues SEIU for refusing to pay for $1M in security, surveillance and protection service fees prior to and during imposition of UHW-W trusteeship (N.D. Cal.), 770; federal suit dismissed, attorney will file suit in state court (N.D. Cal.), 1330
– Securitas Sec. Servs., Kaiser Permanente decision to give security contract to more union-friendly firm hailed by SEIU, 162; Kaiser Permanente and Securitas USA security guards ratify pact, 1208
– Swine flu (H1N1)

– – Mandatory vaccination policy, Local 199 arbitrates, 1650 et seq.
– – Protection measures, OSHA, NIOSH, CDC meet with unions to discuss, 1268
– – State health departments disregarding CDC guidance, preliminary analysis shows, Colo. and Ariz. defend actions, 819

– UNITE HERE

– – Local 54, members picket SEIU headquarters over jurisdictional raids, 671
– – Reaffiliation, UNITE HERE Gen. Ex. Bd. votes to reaffiliate with AFL-CIO and disaffiliate with CTW, cites SEIU interference, 427; UNITE HERE reaffiliates with AFL-CIO, Wilhelm named to executive council, committee, AFL-CIO convention, 1519

– United Healthcare Workers-East (UHW-E)

– – Kaleida Health, vote set for federally mediated pact, 13; ratified, 90
– – Local 1199SEIU

– – – Caritas Christi Health Care announces neutrality agreement in organizing drives, 159; St. Elizabeth workers approve representation, 598; Carney Hosp. workers approve representation, 963; Norwood Hosp. workers vote for representation, 1627
– – – Kingsbridge Heights Rehab. & Care Ctr., issuance of NLRA §10(j) injunction against owner committing ULP affirmed, reinstatement of strikers upheld (2d Cir.), 849
– – – League of Voluntary Hosps. and Homes of N.Y., economic downturn prompts early talks to modify 2007 CBA, 675; unprecedented pact modification attained, stabilizes pension and benefit funds, 1165
– – – Northside Med. Ctr., basic, technical, professional workers ratify pact, 1209
– – – Strikers failed to notify or call in, reinstatement ruling remanded for NLRB to consider §8(g) conflict with plant rule doctrine (2d Cir.), 815
– – – Union Hosp. votes for representation, 1131

– – Southampton Hosp., N.Y., registered nurses select UHW-E as bargaining agent, 31

– United Healthcare Workers-West (UHW-W)

– – Cal. Pac. Med. Ctr., failure to give 10 days notice to refuse overtime violates NLRA (9th Cir.), 1296
– – Disaffiliation vote requested after international board created new mega-local, 85; union president says he's not obligated to hold vote now, 124; former UHW-W leaders plan to form new union, NUHW, one day after being placed in trusteeship, 157; TRO issued ordering former UHW-W leaders to return information and property (N.D. Cal.), 603; DOL dismisses complaints alleging SEIU unjustly imposed trusteeship, 1365
– – Enloe Med. Ctr., four-year pact ratified, 14
– – Fresno County in-home health care workers will vote for either NUHW or UHW-W representation, 672; UHW-W elected, NUHW plans to challenge, 1001; Cal. Dep't of Indus. Rels. certifies UHW-W, 1171
– – Incumbent officers re-elected, 124
– – Kaiser Permanente

– – – Job cuts in Cal. announced, separation incentives offered, 1332
– – – Security breach involving identity theft traced to UHW-W offices, officials confirm, 351

– – Kindred Healthcare, three-year pact ratified, 13
– – Natl. Union of Healthcare workers

See HEALTHCARE WORKERS (NUHW)

– – Stanford Hosp. and Clinics and Lucile Packard Children's Hosp., pact ratified, 1405
– – Trusteeship, Ex. Bd. of SEIU to decide whether to impose, 124; former UHW-W leaders plan to form new union, NUHW, one day after being placed in trusteeship, 157; claim filed alleging unlawful acts “obstructed effectuation of a trusteeship” (N.D. Cal.), 389; TRO issued ordering former UHW-W leaders to return information and property (N.D. Cal.), 603; consulting firm sues SEIU for refusing to pay for $1M in security, surveillance and protection service fees (N.D. Cal.), 770; injunction ordering former UHW-W officers to return key documents and data granted (N.D. Cal.), 1205; federal suit dismissed, attorney will file suit in state court (N.D. Cal.), 1330; DOL dismisses complaints alleging SEIU unjustly imposed trusteeship, 1365

– UUR files ULP charges over layoffs by international, race and age bias claims filed with EEOC, 430
– WakeUpWalMart.com, SEIU and UFCW unite to form, 1245
– Workers United Conf. of SEIU

See WORKERS UNITED

SERVICE INDUSTRIES

– Car wash owners, wage and hour violations

– – Lozano Car Wash workers get unpaid back wages, In Brief, 560
– – N.Y. fines for FLSA violations (E.D.N.Y.), 238
– – Pirians, criminal complaint filed (Cal. Super. Ct.), 286; arraignment scheduled, NLRB seeks enforcement barring anti-union activities (Cal. Super. Ct.), 1679

– Climate change, Senate bill could jeopardize over 4M jobs unless changes to House version made, 1610
– Offshore outsourcing

– – 160 occupations employing 30M Americans susceptible to, study, 183
– – Share of firms adopting offshoring strategy grows to 53%, study, 1357

– Oilind Safety, challenge to whether driving in rural areas is a major life activity under ADA (U.S., rev den), 566
– OSO Group sues SEIU for refusing to pay for $1M in security, surveillance and protection service fees prior to and during imposition of UHW-W trusteeship (N.D. Cal.), 770; federal suit dismissed, attorney will file suit in state court (N.D. Cal.), 1330
– Unionized workers make 2 more than nonunion workers, CEPR report, 621

SEVERANCE PAY AND BENEFITS

– Age bias, LMRA preempts state claims of employees denied severance benefits under plant closing agreement (6th Cir.), 24
– Career transition service for departing employees, firms more focused on, 623
– Delta Air Lines to offer voluntary severance packages to most employees as flying capacity reduced, 10; over 2K employees accept offer, 313
– LMRA §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
– Pre-bankruptcy claims, petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 248

SEX DISCRIMINATION

– Harassment

See SEXUAL HARASSMENT

– Pay

See PAY EQUITY

– Retaliation

– – Overtime distribution, filing grievance not protected activity, no Title VII, N.Y. HR Law claim (W.D.N.Y.), 1676
– – Promotion denial, transit police officer awarded $1.5M in damages (N.J. Super. Ct.), 366

– Title VII Fairness Act

See LEGISLATION, FEDERAL, S 3209

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

SEXUAL HARASSMENT

– Anonymous harasser, panel analyzes “thorny” issues raised, conference, 568
– Retaliation, challenge to whether Title VII anti-retaliation provision protects employee from being fired for cooperating with employer internal probe (U.S., rev, rem), 172

SEXUAL ORIENTATION DISCRIMINATION

– Del. lawmakers approve bias ban, 1073; gov. signs bill, In Brief, 1115
– Employment Non-Discrimination Act

See LEGISLATION, FEDERAL, HR 2981, S 1584

– Job bias, most large firms ban, report, 303
– Mich., Kalamazoo city commissioners approve bias ban, 1114
– Ohio, Akron bias ban enacted, In Brief, 1320
– State laws banning job bias, 21 states and D.C., GAO report, 1653
– Treatment of lesbian, gay, bisexual and transgendered employees, Human Rights Campaign report, 1565

SHEET METAL WORKERS (SMWIA)

– Local 2, referral procedures, expert evidence on disparate impact rejected, retaliation claim revived (8th Cir.), 814
– Local 19, LMRA, federal jurisdiction applies to disputes over existence of CBA and cases alleging violations of such agreement (E.D. Pa.), 894
– Local 33, arbitration award favoring union involving travel pay dispute vacated, grievance was untimely (6th Cir.), 1054
– Local 270, challenge to NLRB's evidentiary rule for determining back pay for “illegally discharged salts” is premature (D.C. Cir.), 563
– Local 287, FMLA eligibility, factory worker who returned to work under ULP accord may not claim layoff time as “hours of service” (S.D Ohio), 325
– Merger will “never” take place, UTU president says, 1125

SHERMAN ACT

– Antitrust, unionized Mich. hospital not entitled to dismiss claims by RNs alleging conspiracy to depress wages (E.D. Mich.), 523

SHIFTS

– GM plans to increase production at N. Am. assembly plants, add overtime and shifts, call back laid-off workers, 1330
– Nurse's FLSA claim over base hourly pay rates based on schedule rejected (9th Cir.), 1719

SHIPPING

– Delivery

See DELIVERY SERVICES

– Maritime

See MARITIME INDUSTRY

SHIPYARDS

– Bath Iron Works Local S6, former officers barred from running for office 2-4 years, trusteeships will be lifted soon, 1332

SHUTDOWNS

See PLANT CLOSINGS

SICK LEAVE

– Family and medical leave

See FAMILY AND MEDICAL LEAVE
– – FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Flexibility policies, experts discuss benefits, 908
– Healthy Families Act

See LEGISLATION, FEDERAL, HR 2460, S 1152

– The Balancing Act

See LEGISLATION, FEDERAL, HR 3047

SKILLED LABOR

– Middle-skill jobs will continue to rise despite economic downturn, report, 375
– Restructuring of the economy impacts, conference, 696
– Visas for highly skilled workers

See VISAS

SLAVERY

See FORCED LABOR

SMALL BUSINESSES

– Employee benefits, economic downturn forcing employers to cut back, study, 1076
– Employee Free Choice Act (EFCA), Labor Day List highlights small- and medium-sized firms for their support, 1435
– Free enterprise, entrepreneurship, Chamber of Commerce launches campaign to promote, 1690
– Health insurance, impact of employer healthcare mandate highlighted, 223
– Job rates U.S. among lowest compared to other countries, report, 1321
– Seasonal businesses

See LEGISLATION, FEDERAL, S 388

– SEIU hotline and website set up to aid small business owners and workers facing closures, job losses, 801

SMOKING

– NC, Legislature approves ban in bars and restaurants, 827; gov. signs bill, 868
– Va., eateries must ban or limit under new bill approved by state legislature, 340; gov. signs, 455
– Wis. gov. signs bill banning in public places, 868

SMWIA

See SHEET METAL WORKERS (SMWIA)

SOCIAL SECURITY

– Family and medical leave financing, adding to Social Security program would result in minimal costs, broad coverage, report, 990

SOCIAL SECURITY ADMINISTRATION (SSA)

– Budget, FY2010

See LEGISLATION, FEDERAL, HR 3293

– Numbers

See SOCIAL SECURITY NUMBERS

SOCIAL SECURITY NUMBERS

– Employer use, New York law restricts, 73; 2008 legislation enacted, 299
– No-match letters, DHS granted time extension to review rule (N.D. Cal.), 1015; DHS announces intention to rescind rule, 1090; DHS issues proposed rule to rescind, 1371; DHS issues final rule to rescind no-match regulation, 1581

SOLICITATION, UNION

– Employer property, disciplining employees for using e-mail for union communication and banning display of union insignia violation (D.C. Cir.), 1091

SOUTH CAROLINA

– Legal status of applicant, state agencies required to verify before hiring, 299

SOUTH KOREA

– FTA, Levin (D-Mich.) says issues need to be resolved before passage can occur, 453; failure to enact FTA may result in job losses, study, 1535

SOUTHWEST AIRLINE PILOT ASSOCIATION (SWAPA)

– Southwest Airlines, agreement reached, 198

SOVEREIGN IMMUNITY

– Off-the-clock work, 11th Amend. no bar to bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 897
– Preemption, ruling that Dallas Area Rapid Transit immune from ATU Local 1338 grievance challenging wages left standing (U.S., rev den), 931

SPECIAL COUNSEL OFFICE (OSC)

– Veterans Employment Rights Realignment Act

See LEGISLATION, FEDERAL, HR 1089

SPECIAL REPORTS AND SUPPLEMENTS

– Cabinet posts, nominations for DOL, DOT Sec'ys and other positions announced, 38
– E-Verify creates fight over preemption of state and local immigration laws, Analysis and Perspective, 616 et seq.
– Economic recovery plan, Obama calls for swift action by Congress, 112; Senate approves $838B stimulus package, 261
– Employee Free Trade Act, Biden supports, key to rebuilding middle class, meeting, 416
– Employer Bargaining Objectives, 2009, SplSupp (03/19/2009)
– Excessive fees, ruling that 401(k) sponsor had no fiduciary duty to disclose that plan's investment provider engaged in revenue sharing with affiliate criticized, conference, 334
– Health care reform, Senate progresses on reaching agreement and public plan option compromise, House panel mulls over ERISA employer issues, 1030; Fin. panel continues drafting bill, House Comms. sends bill to floor, Congress unlikely to pass bill by Aug. recess, 1193; Senate HELP Comm. considers draft bill (Affordable Health Choices Act), elements highlighted, 1352 et seq.; Fin. Comm. continues markup of bill, Baucus (D-Mont.) expects floor action by Sept. 28, 1531
– Immigration reform, business groups skeptical of proposed commission created to determine labor market needs for visas, 1111
– Job creation, AFL-CIO Ex. Coun. urges second stimulus package to focus on jobs, meeting, 1230
– Job cuts announced

– – Boeing, 219
– – Caterpillar, 220
– – Cessna Aircraft, 221
– – Corning, 220
– – Macy's, 219
– – Starbucks, 221

– Labor law bills, EFCA (HR 1409, S 560), Paycheck Fairness Act (HR 12, S 1820) and comprehensive immigration reform slated for congressional action, 654
– Labor Outlook 2009, SplSupp (01/29/09)
– Multiemployer plans, underfunding, withdrawal liability, bargaining and negotiation discussed, Special Report, 1315 et seq.
– Standard occupational classification system, federal government set to update job descriptions for all U.S. workers in 2010, 336
– Supreme Court justice nominee, Obama names Sotomayor, civil rights groups and unions support, 865
– Swine flu (H1N1), mandatory vaccination policies implemented, health unions oppose, flu shots urged, guidance issued, 1650
– Union Fin. Disclosure Form (LM-2/LM-3), DOL reviewing comments responding to withdrawal of union financial reporting regulations, 1439 et seq.
– Union membership rose to 12.4% in 2008, Ctr. for Econ. and Policy Research reports, 181

SPEEA

See ENGINEERING EMPLOYEES IN AEROSPACE (SPEEA)

STAFFING

– Hiring

See HIRING

– Recruiting

See RECRUITING

STANDING TO SUE

– ADA, disabled retirees not qualified to perform essential job functions may not sue over pension cuts (U.S., rev den), 1060
– ERISA

– – Fiduciary duty, employees who cashed out may sue for breach (D.N.D.), 402
– – Retiree benefits

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

STATE AND LOCAL GOVERNMENT

See also specific states
– Budget shortfalls could be improved by quick stimulus, conference told, 63
– EFCA first contract arbitration provision, attorneys explain implications, schemes used in public sector and Canada, Analysis and Perspective, 1307 et seq.
– Infrastructure key to job growth, job crisis severe and recovery slow, speakers say, conference, 1723
– Job creation in high-tech, collaboration between government, academic institutions, and private industry, speakers tout, conference, 408
– Jobs and training

– – Allotments from $3.5B stimulus funding, ETA announces, 455; ETA announces allotments for WIA youth, adult and dislocated worker programs, 482; OIG report finds ETA lacks process and software to validate adult and dislocated worker data, 1698
– – Renewable energy and/or energy efficiency sectors, ETA announces solicitation for grant applications, 1010
– – Strategies, link between economic and workforce development identified, report, 949

– Regional and state unemployment report, BLS report, Jan. 2009, 449
– TAA, DOL grants $455M for FY2009, In Brief, 988
– Trade and Globalization Adjustment Assistance Act, ETA proposes rule to implement changes to state TAA funding, personnel, summary, 1251
– Unemployment insurance

– – Extended benefits, states offered ETA guidance, In Brief, 244
– – Multi-state combined-wage claims, ETA guidance letter explains new rule, 244

STATE AND LOCAL GOVERNMENT EMPLOYEES

– Police

See LAW ENFORCEMENT EMPLOYEES

– Professional codes of conduct, ethics and integrity, website aimed at increasing awareness launched, 863

STATE AND LOCAL LAWS

See also specific states
– E-Verify creates fight over preemption of state and local immigration laws, Special Report, 616 et seq.
– Immigration, workplace enforcement and other omnibus laws, 2008, Natl. Conf. of State Legislatures (NCSL) report, 75; 1st quarter 2009, 698; first half of 2009, 1232
– Labor and job bills enacted in 2008, less than prior year, ESA analysis, 299
– 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
– Sexual orientation, gender identity, 21 states and D.C. have laws banning job bias, GAO report, 1653

STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)

– Council 4, fair representation duty breached by pursuing grievance to cut pay of sec'y paid more than others and excluding in proceedings (Conn. App. Ct.), 60
– Local 1000, NLRB ruling that firing correctional medical clinic workers for failing to give advance notice before picketing was lawful reversed (2d Cir.), 1014
– Long Island Head Start, unilateral change to health carrier lawful (NLRB), 1634
– Swine flu (H1N1)

– – Mandatory vaccination policy arbitrated, Special Report, 1650 et seq.
– – Protection measures, OSHA, NIOSH, CDC meet with unions to discuss, 1268

STATUTES OF LIMITATIONS

– Arbitration, 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
– CBAs, union waited too long to compel arbitration by former employer not a party to current agreement (6th Cir.), 22
– Equitable tolling allowed on unemployment benefits claim, reversal on appeal favors locked-out UFCW workers (Cal. Ct. App.), 443; unpublished opinion favoring workers certified for publication (Cal. App. Ct.), 642; locked-out workers' claim involving denial of unemployment benefits may proceed (Cal. Ct. App.), 1471
– Lilly Ledbetter

– – 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

– La., prescriptive time period in bias cases, legislation enacted, 299
– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182

– Title VII Fairness Act

See LEGISLATION, FEDERAL, S 3209

STEEL INDUSTRY

– AK Steel

– – Cash balance plans

– – – Award, retirees' $46.2M award for benefits miscalculations left intact, no review conducted on remedies available for statutory violations of ERISA (U.S., rev den), 98
– – – Class action, union retiree files alleging ERISA violation for failing to use whipsaw calculation for lump-sum distributions (S.D. Ohio), 1142

– – VEBA, accord setting up trust for retirees affirmed (6th Cir.), 604

– Alcoa, layoffs announced, 87
– BEKO Assocs. required to contribute to trust fund for every hour employees paid, not every hour employees actually worked (D. Utah), 895
– Buy Am. clause in U.S. stimulus bill will spur protectionism, kill jobs, Canadian envoy tells Senate leaders, trade minister eyes possible exemption, 259; OMB issues guidance, In Brief, 682; Can. and U.S. trade officials discuss easing Buy Am. requirements, 1467; business groups say provisions are hindering projects, jobs and endangering exports, 1692
– Gerdau Macsteel will reopen plant after USW Local 8339 agree to pact concessions, 1410
– Harris Farms ordered to pay back wages to employees denied pay, 435
– L&M Steel Servs., challenge to whether Mex. citizen accused of illegal entry and using falsified documents for employment violated federal criminal law (U.S., rem), 723
– LTV Steel, pre-bankruptcy petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 248
– 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
– Rouge Steel, Ford violated ERISA §510, LMRA §301 by failing to honor 1989 rehire vow (E.D. Mich.), 1681
– U.S. Steel, walking to and from work areas, employees may proceed with collective action for unpaid wages (N.D. Ind.), 1718
– USW, pacts with

See STEELWORKERS (USW)

STEELWORKERS (USW)

– AK Steel proposal to shut down Ky. plant and layoff workers violates union pact (Arb.), 1181
– ANSI safety and health standards, USW quits “consensus” talks with petroleum industry, 1305
– Antidumping rules and other U.S. remedies law, direction of ongoing talks unacceptable, Gerard tells outgoing officials, will work with new administration to rein in, 71
– Blue Green Alliance, Good Jobs, Green Jobs Conf. goals aligned with economic stimulus bill, USW president says, 251; greening of economy should focus on domestic investment, jobs, labor officials comment, 251
– Bridgestone, talks continue, 1335; pact attained, 1501; pact ratified, 1577
– Cequent Towing Prods., renewals, annual filing requirement no breach of fair representation duty (NLRB ALJ), 1298
– China, USW urges Obama administration to reject trade remedy cases on oil country tubular goods and consumer tires, 744; members call U.S. automakers request to exempt some tires from proposed tariff hike offensive, 1286; Obama imposes 3-year tariff at 35% on tire imports, 1463
– Continental Tire N. Am., dispute with union over health and pensions subject to arbitration (4th Cir.), 969
– Domestic auto manufacturing industry, government urged to support with taxpayer funds, five-point revitalization plan listed, 862
– Goodyear Tire & Rubber

– – Local 831, RIFs at three plants announced, 313
– – Master pact extended while talks continue, 1335; members prepare to vote on tentative pact, 1404; pact ratified, 1501; master pact will save $215M over 5 years, 1545

– Hexavalent chromium, challenge to OSHA PEL standard denied (3d Cir.), 370
– Kennecott Utah Copper, members vote to ratify pact, 1578
– Local 2-1019, former financial sec'y sentenced for embezzling union funds (W.D. Mich.), In Brief, 513
– Local 4-5025, Dupont must arbitrate changes to collectively bargained benefit plans (2d Cir.), 727
– Local 8-675, pact ratified with MeadWestvaco, 1086
– Locals 351L, 715L attain master pact covering BF Goodrich workers with Michelin, 1335; pact ratified, 1404
– Local 812, CBA does not obligate payment of back wages for time reinstated employee out of work, despite delay in demanding arbitration (8th Cir.), 1515
– Local 831, Goodyear Tire announce RIFs at three plants, 313
– Local 1123, pact attained with Timken, 1669
– Local 1557, workers may proceed with claim to be paid for walking to and from work areas (W.D. Pa.), 1052
– Locals 2102, 3267 and Evraz Rocky Mtn. Steel ratify pact, 1547
– Local 2635-06, pact ratified with AmeriServ. Fin., 1711
– Local 7600, Kaiser Permanente announce job cuts in Cal., separation incentives offered, 1332
– Local 8339, members agree to pact concessions paving way to reopen Macsteel plant, 1410
– Locals 12775, 13796, pact with N. Ind. Pub. Serv. ratified, 761
– Locals 505 and 1488, Intl. Paper will close 3 mills, 1708
– M&G Polymers, retirees entitled to trial on claim that health benefits are vested and cannot be changed by employer (6th Cir.), 565
– MeadWestvaco, USW challenges representation election loss to CPU, new election ordered (NLRB ALJ), 285; CPU challenges pact ratified with USW Local 8-675, 1086; workers approve CPU Local 675 representation over USW, 1671
– Mondragon, pact to create workers cooperatives in manufacturing in U.S., Canada reached, 1705
– Packaging Corp. of Am., master pact ratified, 596
– Sec'y-Treas., Johnson appointed to replace English, In Brief, 951
– Shell, tentative national oil bargaining pattern agreement reached, 197; agreement includes pay hikes, ratification bonus and health care, 238; 53 locals ratify pacts, 432
– Venue, USW claim against PBGC over denial of plant shutdown benefits must be decided in federal court (D. Minn.), 441

STEWARDS

See UNION STEWARDS

STIMULUS PLANS

– ARRA

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Berry Amend. to create textile and apparel jobs, stimulus package expands, 319
– Buy Am. clause in U.S. stimulus bill will spur protectionism and kill jobs, Canadian envoy says, trade minister eyes possible steel exemption, 259; OMB issues guidance, In Brief, 682; Canadian and U.S. trade officials discuss easing Buy Am. requirements, 1467; business groups say provisions are hindering projects, jobs and endangering exports, 1692
– CEA chair says stimulus working despite continued job losses, outlook would be worse without it, 1303
– COBRA, subsidies included for unemployed workers who pay health care premiums, 274
– Economic recovery, stimulus will lift economy as year progresses, analysts say, 898
– Job creation

– – AFL-CIO Ex. Council urges second stimulus to focus on jobs, meeting, Special Report, 1230
– – RATB reports stimulus funding recipients created 30K new jobs, 1698
– – Tax cuts, Fin. Comm. approves about $522B for inclusion in bill, 169

– Job losses, opponents criticize Obama plan after Sept. jobs report, supporters urge patience, discipline, 1605
– Legislation

See LEGISLATION, FEDERAL, HR 1, S 336

– National lobbying campaign launched to support Obama stimulus plan, 11
– Recession

See ECONOMIC OUTLOOK

– Training

See TRAINING

STOPPAGES, WORK

See WORK STOPPAGES
– Lockouts

See LOCKOUTS

– Strikes

See STRIKES

STRESS

– Flexibility policies, experts discuss benefits, 908

STRIKE REPLACEMENTS

– Congress Plaza Hotel, Chicago, alderman violated NLRA by denying operating permit to hotel being struck by UNITE Local 1 (N.D. Ill.), 1588
– Vought Aircrafts notifies IAM Local 735 of move for replacements, 91; pact approved ending 15-week strike, 126

STRIKES

– Amerijet and IBT ratify pact, ending 2-week strike, 1460
– AT&T Mobility, members approve strike authorization as pact talks lag, 239; pact attained, 393; pact ratified, 553
– Bally's Atlantic City, UAW members authorize strike if pact agreement not reached, 1168
– Bell Helicopter Textron, UAW Local 216 workers strike after rejecting “best and final” pact offer, 960
– Bemis and WU Local 1426 slated to continue mediated talks after strikers reject pact, 1369; pact ratified ending six-week strike, 1409
– Caesars Atlantic City, UAW members authorize strike if pact agreement not reached, 1168
– CNA/NNOC holds one-day strike at Catholic hospitals over lack of Swine flu (H1N1) readiness, 1664
– Congress Plaza Hotel, Chicago, alderman violated NLRA by denying operating permit to hotel being struck by UNITE Local 1 (N.D. Ill.), 1588
– Food stamp eligibility for strikers

See LEGISLATION, FEDERAL, HR 3048

– Home health care strikers failed to notify or call in, reinstatement ruling remanded for NLRB to consider §8(g) conflict with plant rule doctrine (2d Cir.), 815
– Ky. hospital failed to show technician unlawfully fired for engaging in strike is ineligible for back pay and reinstatement despite felony conviction (NLRB), 1177
– Oak Harbor Freight Lines, Auburn, Wash., IBT strike continues amid charges of employer ULPs, 15; members offer to return to work and end strike, 280; employer move to give returning workers reduced benefits and suspend 13 workers may prompt another strike, 354
– Pan Am. Grain, failure to bargain over layoffs of striking workers is ULP (1st Cir.), 364
– Reinstatement, challenge to whether nursing homes failure to reinstate strikers while secretly hiring permanent replacements violates NLRA (U.S., rev den), 1632
– 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
– UFCW Local 99 approves strike authorization against Ariz. supermarkets, In Brief, 1549
– UNITE HERE Local 1

– – Congress Plaza Hotel, denying operating permit to hotel being struck by union NLRA violation (N.D. Ill.), 1588
– – Disclosure of labor disputes, Chicago City Council declines to act on ordinance, 1694

– UNITE HERE Local 2 approve strike authorization, 1709
– Vought Aircrafts, IAM Local 735 strikers notified of move for replacements, 91; pact approved ending 15-week strike, 126

STUDENTS

– Non-Minister Religious Worker Visa Program

See LEGISLATION, FEDERAL, HR 1127

STUDIES

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

SUBCONTRACTING AND SUBCONTRACTORS

– L.A. hospital workers harmed by “sweetheart deals,” NUHW files representation petition seeking elections, 316
– PLA agreements, Obama signs E.O. that urges federal agencies to consider requiring use of PLAs for federally funded construction projects of at least $25M, 242
– Wage and hour laws, janitorial contractor sued under Labor Code Sec. 2810 for violations (Cal. Super. Ct.), 134

SUBJECTS FOR BARGAINING

– Jurisdiction, federal courts have jurisdiction in disputes over existence of CBA and cases alleging violations of such agreement (E.D. Pa.), 894
– LMRA §301, arbitrator's award of “second-generation” interest arbitration lacked employer consent, vacated (D. Mass.), 1378

SUBSTANCE ABUSE

– Testing

See DRUG AND ALCOHOL TESTING

SUCCESSOR EMPLOYERS

– Cal. Retail Food Code and NLRA, L.A. Grocer Worker Retention Ordinance preempted by (Cal. Ct. App.), 1253
– 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; OLMS proposes notification of NLRA rights, 1241; OLMS seeks comments for information collection, In Brief, 1414; businesses criticize NLRA employee rights notice, Analysis and Perspective, 1642 et seq.
– “Perfectly clear” successor exception inapplicable to new nursing home owner, no duty to bargain with SEIU Local 434B (D.C. Cir.), 1092
– Recognition of union

– – Arbitration, successor hiring UFCW-represented employees must arbitrate if bound by substantive terms of CBA (2d Cir.), 1635
– – Building materials wholesaler, §10(j) injunction issued for ULPs violations (D. Conn.), 160
– – Bus transportation firm is successor and must recognize predecessor's union GRESPA (D.C. Cir.), 130

– Status benefit, Ford violated ERISA §510, LMRA §301 by failing to honor 1989 rehire vow (E.D. Mich.), 1681
– ULP, energy subsidiary ordered to hire 85 miners pending NLRB's ruling, court's refusal to order UMWA recognition and bargaining affirmed (S.D.W. Va.), 1094; subsidiary ordered to cease and desist ULPs, hire, recognize, bargain with union (NLRB), 1587

SUPERMARKETS

See GROCERY STORES

SUPERVISORS

– Tip pooling

– – Baristas, shift supervisors and “shift leads,” sharing with lawful (Cal. Ct. App.), 880; attorneys voice differing views over impact of ruling, Analysis and Perspective, 982; (Cal., cert. denied), 1518
– – Casino dealers sue alleging FLSA §16(b) violation (D. Nev.), 1141

SUPREME COURT, U.S.

– ADEA, disparate treatment claims must prove “but for” cause, burden shifting inapplicable to mixed-motive claims, 1011
– Americans with Disabilities Act

– – Essential job functions, disabled GM retirees not qualified to perform lack standing to sue over pension cuts (rev den), 1060
– – Major life activity, whether driving in rural areas is or is not challenged (rev den), 566
– – Resignation, challenge to whether worker who resigned without notice under terms of union pact bars re-litigating issue in related suit challenged (rev den), 324

– Arbitration

– – ADEA, pact requiring arbitration for ADEA claims is enforceable (rvs, rem), 561; AFL-CIO attorney discusses adversarial impact, conference, 567; panelists discuss Pyett ruling and issues confronting negotiators, 1261
– – Due process, challenge to whether Natl. RR Adjustment Bd. panel violated BLET's Fifth Amend. rights by dismissing grievances (rev grant), 322; (oral arg), 1633
– – ERISA employee benefit plans, challenge to whether arbitration with union over amendments chemical firm made to plans required (rev den), 171
– – FAA

– – – Class claims allowable even where pact is silent in shipping pact provisions (rev grant), 967
– – – §4, federal courts urged to “look through” petition in deciding jurisdiction to compel, 401

– – Seafarer's Wage Act, cruise line workers' individual job and bargaining pacts not FAA-exempt as seamen's employment contracts (rev den), 1013

– Attorney-client privilege, challenge to whether employer may immediately appeal a discovery order to disclose materials covered by (oral arg), 1597
– Bargaining duty, nursing home that unilaterally changed benefits and job policies committed ULP, NLRB two-member ruling challenged (briefs filed), 1679
– Campaign financing, FEC regulation and disclosure of corporate-funded messages about federal candidates challenged (oral arg), 524; reargument ordered (order), 1059; Citizens United challenges FEC, over 40 briefs submitted pending reargument (briefs filed), 1255; analysts offer differing views on impact of ending campaign spending limits, 1488; defenders urge justices to leave law intact (oral arg), 1514
– Card check/neutrality agreements, provision in UAW pact did not violate LMRA §302 (rev den), 1593
– Chrysler sale to Fiat granted despite challenges raised by Ind. pension funds (stay lifted), 919
– Confidentiality, temporary agency challenges two-member NLRB ruling that firing worker for violating overly broad confidentiality provision violated NLRA §8(a)(1) (petition filed), 1415
– 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 (rev den), 483
– ERISA

– – Cash balance plan, steel retirees' $46.2M award for miscalculations left intact, no review conducted on remedies available for statutory violations (rev den), 98
– – Health insurance, ERISA does not preempt San Francisco's pay or play ordinance (application for stay denied), 510; employers adapting to pay or play requirement, grappling with taxes and payment options, legal challenges continue, Analysis and Perspective, 904; ERISA Indus. Comm. (ERIC) and Natl. Bus. Group on Health (NBGH) file amicus curiae brief (U.S., petition filed), 1178; (U.S., solicitor general's brief filed), 1596
– – Long-term disability misrepresentation not intentional, reliance claim rejected, fraud claim preempted (rev den), 686
– – Pensions, challenge to whether Xerox's calculation methods violate actuarial equivalence requirement (invitation to file brief), 365

– Federal Employers Liability Act (FELA)

– – Emotional distress, fear of developing cancer valid basis for damages only where shown to be “genuine and serious,” $5M award overturned due to improper jury instruction (rev grant, rvs), 892
– – Ohio state law requiring plaintiffs suing in state court on asbestos claims under FELA produce threshold medical evidence stands (rev den), 99

– First Amendment

– – Agency fee objections, Me. State Employees Ass'n did not violate 1st Amend. of objecting nonmembers by charging fees for litigation costs (aff), 170
– – Idaho law banning state employees' payroll deductions for political causes does not violate unions' free speech (rvs), 321

– FLSA, off-the-clock work, 11th Amend. no bar to SEPTA bus driver's collective action against Pa. transit agency (rev den), 897
– FMLA retaliation, challenge to whether verdict favoring worker fired after using protected leave consistent with Act (rev den), 174
– Forced labor, no review over application of criminal statute to couple who warned their illegal domestic servant of deportation (rev den), 100
– Hiring permanent replacements, nursing homes failure to reinstate strikers while secretly hiring replacements violates NLRA challenged (rev den), 1632
– Identity theft, challenge to whether Mex. citizen accused of illegal entry and using falsified documents for employment violated federal criminal law (rem), 723
– Justice nominee, Obama names Sotomayor, civil rights groups and unions support, Special Report, 865; Senate confirms, 1323
– Labor Outlook 2009, SplSupp (01/29/09)
– LMRDA, IUOE Local 150 challenges right to sue ex-treasurer for breach over real estate deal (rev den), 1631
– NLRB quorum, circuits split on authority of 2-member NLRB to issue rulings, Court asked to resolve (petition filed), 893; NLRB asks justices to uphold board's authority (brief filed), 1553
– Pay bias

– – Hispanics, challenge to whether request by employees for class certification of Title VII claims against grocery store properly rejected by trial judge (rev den), 175
– – Time limits for filing claims

See LEGISLATION, FEDERAL, HR 11, S 181

– PDA, whether Ledbetter law effects timeliness of pregnancy bias claims of workers denied service credits based on calculations using pre-PDA system (supplemental brief filed), 323; attorneys discuss possible effect of Ledbetter law, ABA conference, 567; PDA not retroactive, Ledbetter inapplicable (rvs), 811
– Punitive damages, challenge to whether damages under maritime law should be remedy for shipowners that fail to provide “maintenance and cure” (oral arg), 362; (aff), 1061
– Recognition of union, two-member NLRB panel authorized to issue decisions and orders under NLRA §3(b) in ruling challenging UFCW representation election (petition filed), 1513
– Reverse race bias, discarding promotion exam results favoring White and Hispanic Conn. firefighters to avoid suit by black candidates who failed unlawful (rvs, rem), 1055
– Sexual harassment, challenge to whether Title VII anti-retaliation provision protects employee from being fired for cooperating with employer internal probe (rev, rem), 172
– Sovereign immunity, ruling that Dallas Area Rapid Transit immune from ATU Local 1338 grievance challenging wages left standing (rev den), 931
– 2009-2010 term, denied review of labor and employment cases, 1593
– ULPs, interference charge rejected where IBT International not party to pact, but dispute with local must be arbitrated (rev grant), 1057
– Union dues, airline mechanic who failed to claim protection of “dues objector policy” fired for failing to pay (rev den), 724
– WARN Act, challenge to whether transportation firm qualified for “faltering business” defense (rev den), 521

SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

– UPS, OSHA imposes penalties, orders rehiring, payment of back wages, benefits and damages, 593

SURVEILLANCE

– Monitoring

See MONITORING
– – Electronic

See ELECTRONIC MONITORING

– 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

SURVEYS

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

SWAPA

See SOUTHWEST AIRLINE PILOT ASSOCIATION (SWAPA)

SWINE FLU (H1NI VIRUS)

See H1N1 VIRUS