Labor Relations Week Index-Summary

VACATION

VACATION PAY

– Multiemployer pension plans, employer's failure to contribute funds for “worked vacation pay” violates NLRA and ERISA in breach of contract claim (N.D. Cal.), 1016

VEBAs

See VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS (VEBAs)

VENUE

– Plant shutdown benefits, USW claim against PBGC must be decided in federal court where plan termination proceedings have concluded (D. Minn.), 441

VERMONT

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

VETERANS

– Employment rights

See LEGISLATION, FEDERAL, HR 466, HR 1089

– Training

– – Apprenticeships, internships, on-the-job training

See LEGISLATION, FEDERAL, HR 1098

– – Homeless Veterans Reintegration, VETS seeks comments on data collection, study, In Brief, 284; VETS extends grant program to train, counsel, and offer placement services, In Brief, 560
– – Mandatory Veteran Specialist Training Act

See LEGISLATION, FEDERAL, HR 1088

– – Priority within DOL job programs, VETS releases final rule, 19

VETERANS' EMPLOYMENT AND TRAINING SERVICE (VETS)

– Ass't sec'y of labor, Jefferson nominated, 661; Senate HELP Comm. approves nomination, 1275; Senate confirms Jefferson, In Brief, 1323
– Budget, FY2010

See LEGISLATION, FEDERAL, HR 3293

– Final rule giving veterans priority within DOL job programs released, 19
– FY2010, House Appropriations Comm. approves $257.1M budget, 1174
– Mandatory Veteran Specialist Training Act

See LEGISLATION, FEDERAL, HR 1088

VIOLENCE

– Domestic

See DOMESTIC VIOLENCE

– Emergency nurses subjected to physical and verbal abuse, survey, 1351
– Freedom From Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– Murder and torture of Colombian union leaders

– – Ala. coal firm and foreign subsidiary not liable under ATCA and TVPA for crimes by mercenary soldiers (11th Cir.), 26
– – Bottling and beverage firms, dismissal of ATCA and TVPA claims affirmed (11th Cir.), 1377

– OSH Act general duty clause will be used by OSHA to cite employers for hazards, 778

VIRGINIA

– Legal status verification legislation adopted, 299
– Smoking, eateries must ban or limit under new bill approved by state legislature, 340; gov. signs, 455

VISAS

– H-1B, temporary visas for highly skilled foreign workers program

– – FY2008, admissions for guestworkers dropped 11%, 599
– – FY2010, fewer applications expected in, but defenders say program drives high-tech innovation, cite high OPT demand, 575; USCIS says cap not met, 599; USCIS says 20K visas still available, In Brief, 1373
– – Labor certification, ETA introduces iCERT portal system for submitting applications, 600
– – USCIS agenda, challenges include fraud, and applying stimulus provision, meeting, 374; officials discuss CIS adjudication, drop in applications, request for evidence, conference, 1683

– H-2A, temporary agriculture program

– – Adverse-effect wage rate, ETA issues proposed rule to amend guestworker program, 1412; ETA extends comment period, In Brief, 1586
– – FY2008, admissions for farm guestworkers rose, Immig. Statistics Office, 599
– – Guestworker exit pilot program, DHS postpones, In Brief, 1373
– – Minimum wage, class action conditionally certified, contractor failed to reimburse workers for travel costs (E.D. Cal.), 288; relocation reimbursement to guest workers resulting in pay less than minimum wage not FLSA violation, ETA withdraws interpretation, 517
– – Pre-filing recruitment procedures, ETA extends transition period for employer compliance, 640
– – Suspension, ETA proposes 9 month suspension of final rule, 436; DOL reviewing comments, 640; ETA suspends final rule for months pending DOL re-evaluation, 889
– – UFW bid for injunction to postpone DOL rule denied, economic loss not irreparable harm (D.D.C.), 176

– H-2B, nonagricultural jobs program

– – Abuse of guestworkers continues nationwide, DOL enforcement laxed, witnesses tell House panel, 679
– – Final rules, USCIS and DOL publish, 17
– – FY2008, admissions for seasonal workers fell by 29%, Immig. Statistics Office, 599
– – FY2009, CIS reopens filing period and began accepting new petitions, 1295
– – Guestworker exit pilot program, DHS postpones, In Brief, 1373
– – Organizing workers, attorneys outline methods and strategies, pros and cons highlighted, conference, 535
– – Relocation reimbursement to guest workers resulting in pay less than minimum wage not FLSA violation, ETA withdraws interpretation, 517
– – Save Our Small and Seasonal Bus. Act

See LEGISLATION, FEDERAL, S 388

– Independent panel to determine labor market needs for job visas, EPI and MPI propose, 857
– Labor certification, ETA introduces iCERT portal system for submitting applications for H-1B and PERM programs, 600
– Labor Outlook 2009, SplSupp (01/29/09)
– Non-Minister Religious Worker Visa Program

See LEGISLATION, FEDERAL, HR 1127

– Nurses, USCIS urged to expedite processing to help alleviate nursing shortage, 42
– “Provisional” visas needed to meet market needs, transition to permanent status, report, 1233

VOLUNTARY CONTRIBUTIONS ACT

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

VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS (VEBAs)

– AK Steel VEBA trust to settle dispute over benefits affirmed (6th Cir.), 604
– Big Three and UAW continuing further talks to fund benefits, 271
– Chrysler, proposed addendum includes cash contributions and company stock, 667; UAW votes to ratify concessions, VEBA will get 55% of stock, 712; EBSA issues proposed prohibited transaction exemption to transfer $4.59B to retirement health plan, 1583
– CNH Am., UAW did not breach CBA by supporting retirees suing over health care benefits reduction (E.D. Mich.), 1182
– Delphi retiree health insurance, use TARP money to fund

See LEGISLATION, FEDERAL, S 1663

– Ford and UAW reach tentative funding agreement to modify trust provision of 2007 pact, 314; ratification vote expected by Mar. 9, 355; concessionary changes to pact approved, 393; changes to pact will save $500M, 432; Ford allowed to fund stock portion of contributions to VEBA, 1206; pact ratification urged, 1623; UAW officials highlight tentative changes, 1668
– GM

– – IUE-CWA files bankruptcy objection for retirees trying to protect their health and life insurance (Bankr. S.D.N.Y.), 882
– – Securities to retirement health plan, EBSA issues proposed prohibited transaction exemption to transfer, 1509
– – UAW approves concessionary changes to 2007 pact, amends VEBA to cut hourly labor costs, 878

– Mack Trucks, UAW tentative master accord includes VEBA, AB Volvo to fund, 804; master pact ratified, 886
– Transparency, accountability and adoption of guidelines, comments filed with DOL call for, 83