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Vol. 23, Nos. 1-26, pp. 1-1036 Jan. 1-June 25, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
CALIFORNIA
Aerosol transmissible diseases standard, Cal/OSHA Bd. approves, 860
Heat illness prevention rules, state regulators shutdown 5 farm labor contractors for violating, 901 In-Home Supportive Servs. program, SEIU and NUHW challenge whether pay cuts violate ARRA terms, 758 Long Beach, L.A. ports clean-trucks program barring independent contractor drivers likely unconstitutional, preempted by federal law (9th Cir.), 485; injunction blocking concession agreements required under clean truck programs issued (C.D. Cal.), 728 Nurse minimum staffing ratios have little effect on quality patient care, study, 301 Organizing, Senate clears bill creating card check procedures for farmworkers, modeled on EFCA, 697 San Francisco
Health insurance, ERISA does not preempt city's pay or play ordinance (9th Cir., petition for rehearing en banc denied), 400; (U.S., 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
Progressive labor standards, Labor and Employment Relations Ass'n annual meeting panelists praise, 104 Unemployment benefits, ruling that locked-out UFCW workers failed to prove limitations period barring recovery should be extended reversed (Cal. Ct. App.), 443; unpublished opinion favoring workers certified for publication (Cal. App. Ct.), 642 Wage and hour laws
Breaks, meal and rest, FedEx agrees to pay $8.12M for state wage and hour violations, settlement preliminarily approved (N.D. Cal.), 163
Car wash owners
Lozano Car Wash workers get unpaid back wages, In Brief, 560
Pirians, criminal complaint filed (Cal. Super. Ct.), 286 Living wage, rule limiting application of Los Angeles ordinance to hours private employees actually worked under city service contracts invalidated (Cal. Ct. App.), 161 Long Beach hotel, class action filed for labor law violations involving breaks, off-the-clock work, minimum wage and overtime (Cal. Super. Ct.), 773 Minimum wage, FLSA class action conditionally certified due to contractor's failure to reimburse workers (E.D. Cal.), 288 Prevailing wages, $750K in back wages and penalties in settlements against two contractors recovered, third case debarred, 300
NNOC
Single-payer health care system, CNA study says adopting plan would create 2.6M of jobs and improve health care, 150
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
NAFTA
Chrysler, pact ratified, 669
GM of Canada, pact attained, 394; pact ratified, 434; CAW unable to meet demands for retiree concessions despite bankruptcy threat, 759; amended pact ratified, 838
See RECOGNITION OF UNIONS
Employee Free Choice Act (EFCA)
See ORGANIZING
Local 2316, withdrawing union recognition based on employee decertification petition tainted by employer's unlawful assistance violates NLRA (NLRB), 246
Oil Capitol Sheet Metal, challenge to NLRB's evidentiary rule for determining back pay for illegally discharged salts is premature (D.C. Cir.), 563
Lump sum distribution, steel retirees' $46.2M award for miscalculations left intact, no review conducted on remedies available for statutory violations of ERISA (U.S., rev den), 98
Foxwoods Resort Casino
Beverage employees, representation election under tribal law slated for April, UFCW Local 371 president says, 509; UFCW representation rejected, 598
Dealers, UAW and Gaming Enter. continue talks under tribal law for first pact, 923; correction, 966 Laid-off workers, DOL will award grant to, In Brief, 354 Tropicana Casino Hotel violates NLRA §8(a)(5) by hiking medical costs before negotiating with union, UAW files ULP charges (NLRB), 164 UNITE HERE, pacts with
See UNITE HERE
Swine flu, state health departments disregarding CDC guidance, SEIU preliminary analysis, Colo. and Ariz. defend actions, 819
Employee Free Choice Act (EFCA)
See ORGANIZING
Recognition
E-Verify program, Chamber leads business coalition in suit challenging E.O. mandating use of federal verification system (D. Md.), 12; implementation of E.O. and FAR rule postponed, 96; federal government postpones implementation of E.O., 204; implementation postponed until June 30, 640; implementation postponed until Sept. 8, 889
Economic recovery plan support pledged, State of Am. Bus. report released, 110 Employee benefits, economic slowdown triggered cutbacks in 2008, Chamber reports, 541 Pension funds, shareholder activism 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
Card check/neutrality, Cintas' racketeering and trademark infringement claims against UNITE HERE, IBT and CTW dismissed (S.D.N.Y.), 390
Disaffiliation, UNITE HERE Gen. Ex. Bd. votes to reaffiliate with AFL-CIO and disaffiliate with CTW, citing SEIU interference, 427 EFCA, supporters rally at Capitol building as Chamber stresses opposition, 258 Immigration reform, plan with AFL-CIO to push for comprehensive bill unveiled, 5 points outlined, 589; Obama expected to advance, but does not expect completion this year, Special Report, 654; independent panel to determine labor market needs for job visas proposed, conference, 857 Reunification, AFL-CIO and CTW heads and presidents of largest unions meet to discuss unified labor movement, 85; Bonior says talks progressing, proposal on structure for organization and passage of EFCA (HR 1409, S 560) discussed, 85; AFL-CIO executive council approves unity talks, 389; talks on key issues progress, Bonior will chair Natl. Labor Coordinating Comm., 549; CWA delegates adopt resolution calling for unified labor movement, convention, 1019 Tax-exempt status, AFL-CIO and CTW file complaint against two unions with §501(c)(3) status for endorsing GOP senatorial candidates, 351
DuPont, arbitration
Collectively bargained benefit plans, changes must be arbitrated with USW (2d Cir.), 727
ERISA-governed benefit plans, challenge to whether arbitration with union required over amendments made (U.S., rev den), 171 Pharmaceuticals W. Va., industrial accident reporting rule adopted, In Brief, 940
So. Cal. Gas, pact attained, 198; pact ratified, 356
Md., bargaining rights for home-based workers in state-subsidized programs enacted by E.O. upheld (Md. Ct. Spec. App.), 442; workers will vote on first pact negotiated by SEIU Local 500 with Md. State Dep't of Educ. and gov. office, 1006
Cooperative agreement applications, DOL seeks comments, In Brief, 438
Global economic crisis could increase violations, girls especially vulnerable, ILO report, 989 Prevention
Education and coordination among interest groups and businesses key to combating in developing countries, speakers say, forum, 985
Grants for funding, ILAB offers, In Brief, 600
ERISA, program expansion amends Act to allow coordination with employer-provided plans, 243
Nationwide labor pact law
All China Fed'n of Trade Unions, AFL-CIO's Brown sees possibility of change in state sanctioned union, meeting, 864
Economic downturn impacting enforcement, labor groups say, 333 Wal-Mart, restructuring plan to relocate and scale back managers softened, 674
Penalty
See PENALTIES
Director, Obama plans to nominate Mayorkas, 701; Obama sends nomination to Senate, In Brief, 951
H-1B visas program, USCIS challenges include fraud, economy and its impact on business-related visas, meeting, 374 I-9 verification, interim final rule altering list of acceptable documents delayed, In Brief, 205 Nurses, ombudsman report urges to expedited visa processing to help alleviate nursing shortage, 42 Visas
See VISAS
Race bias, black electrician denied IBEW membership and job referrals may proceed to trial (W.D. Wis.), 133
See CARPENTERS (CJA)
Arbitration
Benefit dispute, tire firm must arbitrate with USW over health and pensions (4th Cir.), 969
FAA, arbitration of claims allowable even where pact is silent in shipping pact (U.S., rev grant), 967
Antitrust
Albany hospitals seek preliminary approval of settlement with nurses (N.D.N.Y.), 388
Detroit hospital and two RNs seek preliminary approval of class action settlement (E.D. Mich.), 522 Unionized Mich. hospital not entitled to claims dismissal by RNs alleging Sherman Act violation (E.D. Mich.), 523
Mohawk Indus., hiring illegal workers to depress wages, denial of class certification overturned on appeal, remanded (11th Cir.), 971
SK Foods, certification of claim alleging food processing firm intentionally hired undocumented workers granted (E.D. Cal.), 854
LMRA, retiree benefit cuts, UAW's class action certified (W.D. Mich.), employer has standing to seek declaratory judgment, UAW bid for transfer to Mich. court denied (S.D. Iowa), 287
Stock investment, class action filed alleging poultry firm breached fiduciary duty over failure to disclose company losses (E.D. Tex.), 135
Cal., claim filed for violations involving breaks, off-the-clock work, minimum wage and overtime (Cal. Super. Ct.), 773
Kansas wage and hour laws and FLSA, Tyson production workers may collectively proceed with claims (D. Kan.), 326 Minimum wage, farm labor contractor's failure to reimburse Mex. workers violated requirements, class action conditionally certified (E.D. Cal.), 288 Off-the-clock work
11th Amend. no bar to bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 897
Minn., class action accord against Wal-Mart, civil penalty approved (Minn. Dist. Ct.), 968 Tip pooling, Manhattan restaurant waiters, bus staff, bartenders seek final approval of $2.5M settlement (S.D.N.Y.), 248 Retiree health benefits
Bemis, ERISA, health care changes violated 1985 plant closing pact, class certified, includes pre-agreement retirees (E.D. Wis.), 936
Raytheon, class action certified over changes to vested benefits in violation of LMRA and ERISA (D. Ariz.), 684
Am. Conservation and Clean Energy Enhancement Act
Job creation
Am. Clean Energy and Sec. Act, witnesses debate views on job creation, renewable energy, GOP seeks definition on green jobs, House panel, 679
Investment of $150B would create 2.5 million jobs, study explores benefits, drawbacks, 1034 Technologies, industry sector must play part in developing, Stabenow (D-Mich.) says, conference, 253 Training grants for workers in renewable energy and/or energy efficiency sectors, ETA announces, 1010
See PLANT CLOSINGS
Back wages, Nestle pays $5.1M owed to 6K workers after DOL probe, 125
Kansas wage and hour laws and FLSA, Tyson production workers may collectively proceed with claims (D. Kan.), 326
MSHA
See FOOD SERVICES
See CLASS ACTIONS
Ariz., E.O. sets up process to allow state employee representatives to meet with agency employers, incoming gov. may rescind, 40
Employer objectives, 2009, SplSupp (03/19/2009) Labor Outlook 2009, SplSupp (01/29/09) NLRA reform, professor/arbitrator urges substantive fixes for organizing, employee free choice and collective bargaining and procedural fixes for how NLRA is administered, conference, 973
Application to third party, union waited too long to compel arbitration by former employer not a party to current agreement (6th Cir.), 22
Arbitrator's ruling that furniture service only remit benefit fund contributions for union members exceeds power, award vacated (D.N.J.), 399 Average first-year wage increases, BNA report, 2008, 67; 1st quarter 2009, 608; correction to page 608, 690 Bankruptcy, judges allegiance is to federal bankruptcy code, not protecting CBAs, speaker says, conference, 405 Child care providers, bargaining rights for home-based workers in Md.-subsidized programs enacted by E.O. upheld (Md. Ct. Spec. App.), 442; workers will vote on first pact negotiated by SEIU Local 500 with Md. State Dep't of Educ. and gov. office, 1006 China, economic downturn impacting enforcement of nationwide labor pact law, labor groups say, 333 Lump-sum payment frequency, 2006-2008, BNA report, 409 Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act
FTA, Levin (D-Mich.) says issues need to be resolved before passage can occur, 453
See generally RACIAL DISCRIMINATION
Designated beneficiary agreement for unmarried people, gov. signs bill, 657
Parent-teacher conferences and academic activities, gov. signs bill offering unpaid leave to state employees, 947 Swine flu, state health departments disregarding CDC guidance, SEIU preliminary analysis, 819 Tax credit for firms creating jobs, gov. signs bill, 782 Unemployment insurance for locked-out workers, House approves bill, sends to gov., 783; gov. vetoes, 867 Wage disclosure legislation enacted, 299
FY2010, House Appropriations Comm. approves bill for $64.4B, 929; for further action, see LEGISLATION, FEDERAL, HR 2847
Outside sales or administrative exemptions, life insurance agents may be subject to, Op. Letter, 500
AT&T, last, best final offer presented to Southwest region, 802
AT&T Mobility, strike authorization approved as pact talks lag, 239; pact attained, 393; pact ratified, 553 Chinese Daily News, asking worker about representation election vote during wage and hour suit deposition was ULP (NLRB), 59 Comcast of Cal., technicians reject CWA representation, 31 Fair representation duty, member failed to prove employer breached by limiting back pay for wrongful discharge (8th Cir.), 853 Flight attendants (AFA) St. Mary's, Reno, Nev., Local 9415 certified as bargaining agent, 31 State Univ. of N.Y. Research Found., Local 1104 certified as bargaining agent for research assistants, 31 TNG-CWA
Bicycle commuters entitled to reimbursements for expenses, In Brief, 126
Railroad workers, FRA to examine fatigue, schedules and sleep patterns, In Brief, 861
See WAGES AND SALARIES
Minimum wage
See MINIMUM WAGE
See OVERTIME
IT
AFL-CIO Ex. Council Meeting, 349; 416
AFSCME Nurses Congress, 777; 778; 780 Am. Bar Ass'n
Am. Law Inst.-ABA, 136 et seq.
Employment Rights and Responsibilities Comm., 527; 528; 576 Homeland Sec. Law Inst., 374 Joint Comm. on Employee Benefits, 217; 615 Labor and Employment Law Section
Dev. of the Law Under the NLRA Comm., 405; 406
Midwinter Meeting, 333; 334 Ry. and Labor Law Comm., midwinter meeting, 446 Teleconference, 109 Ry. and Airline Labor Law Comm., midwinter meeting, 445 Am. Fed'n of Teachers Healthcare/Public Employees, 984 Am. Indus. Hygiene Ass'n (AIHA) conference, 940; 984 Am. Univ. Wash. College of Law Conf., 535 BCTD 2009 legislative conference, 855 Blue Green Alliance Good Jobs, Green Jobs Conf., 251 et seq. Compete Am. roundtable, 575 Congressional Caucus for Women's Issues, 825 CWA, joint convention/legislative-political conference, 1019 District of Columbia Bar, 297 Divs. of Labor: Wages, Pensions, and Benefits, 696 Econ. Policy Inst., 372; 614 Inst. for Women's Policy Research, 575 Intl. Soc'y for Labor and Soc. Sec. Law's Conf. on Comparative and Intl. Labor and Employment Law, 864 Labor and Employment Relations Ass'n
Annual meeting, 63; 64; 104; 105; 106
Natl. Policy Forum, 973; 974 Labor Shortages and Comprehensive Immig. Reform, 857; 858 Legal Momentum, 414 Mich. Labor-Mgmt. Ass'n, 694 Natl. Acad. of Arbitrators, 907 Natl. Ass'n for Bus. Econ. (NABE), 407; 408 Natl. Press Club news conference, 297 NYU 62nd Annual Conf. on Labor, 944 Thinking Big, Thinking Forward, 296 Univ. of San Francisco School of Law symposium, 415 Worldwide Employee Benefits Network, Wash. Metro. Chapter, retirement plan meeting, 72
Employment contract, temporary agency violated NLRA §8(a)(1) by firing worker for violating overly broad confidentiality provision, two-member NLRB ruling upheld (1st Cir.), 439
Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
House Educ. and Labor Comm., GOP members announced, 96; McKeon (R-Calif.) announces GOP leadership for panel's 5 subcommittees, 129 Labor Outlook 2009, SplSupp (01/29/09)
Conscience laws, Conn. AG says HHS rule is unlawful and unconstitutional (D. Conn), 123
Labor and job laws, minimum wage and misclassification of employees legislation enacted, 299
Economic stimulus plan, subsidies included for unemployed workers who pay health care premiums, 274
Eligibility
Appealing subsidy denials, DOL issues guidance, 847
500K participants eligible for subsidies, survey, 699 Voluntary and involuntary unpaid leave, furloughs impact on subsidies, Analysis and Perspective, 941 et seq.
Wage depression
Antitrust, nurses' class action
Albany hospitals seek preliminary approval of settlement (N.D.N.Y.), 388
Detroit hospital and two RNs seek preliminary approval of class action settlement (E.D. Mich.), 522 Unionized Mich. hospital not entitled to claims dismissal by RNs alleging Sherman Act violation (E.D. Mich.), 523
Mohawk Indus., hiring illegal workers to depress wages, denial of class certification overturned on appeal, remanded (11th Cir.), 971
SK Foods, certification of claim alleging food processing firm intentionally hired undocumented workers granted (E.D. Cal.), 854
Due process
See DUE PROCESS
Fifth Amend., arbitration, challenge to whether Natl. RR Adjustment Bd. panel violated BLET's due process rights by dismissing grievances (U.S., rev grant), 322 First Amendment
See FIRST AMENDMENT
Green jobs
Labor market shortage, strict immigration enforcement could impact industry, professor says, conference, 858 Oil Capitol Sheet Metal, SMWIA and CJA challenge to NLRB's evidentiary rule for determining back pay for illegally discharged salts is premature (D.C. Cir.), 563 OSHA inspections to increase on federal worksites for ARRA-funded projects, special focus on construction, Solis tells cabinet heads, 860 Paschall Elec., nonunion contractor who sued under Ill. antitrust law after losing construction pact to IBEW Local 702 has claim reinstated (7th Cir.), 606 PLA agreements for large-scaled, federally funded projects, Obama signs E.O. urging federal agencies to require use, 242 Prevailing wage apprenticeship training requirements bill, Md. gov. signs, In Brief, 868 Stone & Webster Constr. pays $6.2M to settle charges over falsified safety records (E.D. Tenn.), 180 Transportation infrastructure spending could net 1.1M jobs, EPI data, 609 U.S. Rebar, N.Y. union local and benefit funds not crime victims due restitution from official guilty of conspiracy (2d Cir.), 970 VCI Telecom and Unite Steel Ind., prevailing wages, Cal. gets $750K in back wages and penalties, third case debarred, 300 Wash. gov. signs bill requiring Labor and Indus. Dep't to give education and outreach to construction contractors concerning workers' compensation, 827
Availability, Chrysler halts all production for one month due to inability of customers to obtain financing, 11
Housing component will be modernized, In Brief, 491
Monthly reports, BLS data, Dec. 2008, 139; Jan. 2009, 327; Feb., 489; Mar., 647; Apr., 817; May, 1020
Independent contractors
Fatalities, BLS will begin tracking contractor deaths in 2011, economist says, 332
Federal Independent State
See specific states
Corr. Med. Servs., NLRB ruling that firing workers for failing to give notice before picketing was lawful reversed (2d Cir.), 1014
MeadWestvaco, USW challenges loss, CPU's illicit direct dealing violated NLRA, new election ordered (NLRB ALJ), 285
Discover Bank, federal courts urged to look through petition under FAA §4 in deciding jurisdiction to compel arbitration (U.S.), 401
Assault
See VIOLENCE
See EMBEZZLEMENT
See FRAUD
ICE raids
Bush-era raids disregarded workers' constitutional rights and rule of law, UFCW Comm'n says, 1032
DHS urged to formulate coherent policy, conference, 374 Membership in union, unequal enforcement discourages immigrants from joining, 415 Military and leather goods manufacturer and its president sentenced for INA, FLSA and criminal law violations, ordered to pay fines (D. Mass.), 237 Swift plants, number of native-born workers, wages and bonuses increased after raids, report, 497
See IDENTITY THEFT
Poor safety records, OSHA launches Severe Violators Inspection Program, 733 Racketeering
See specific states
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