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INDEX
Vol. 46, Nos. 2286-2328, pp. 1-1298
Jan. 6 - Nov. 10, 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

    CAA
    CALIFORNIA
      – Aerosol transmissible and zoonotic diseases, OSH Bd. approves workplace standards, 673; Admin. Law Dep't approves standard, effective date set, 805
      – Age and race bias, notice of appeal filed after reconsideration motion denied untimely, limitations period not tolled (Cal. Ct. App.), 909
      – Attorney General's office, no 1st Amend. violation in requiring state attorneys to get permission before representing clients in private practice (9th Cir.), 252
      – Attorneys, ALJs, and Hearing Officers, union failed to prove failure of statutory bargaining process violates constitutional merit principle (Cal. Ct. App.), 777
      – Attorneys' fees, plaintiff must pay tax on award paid directly to attorney (9th Cir.), In Brief, 258
      – Case Notes, 687; 1234; 1234
      – Development Servs. Dep't, order barring interference with EEOC investigation of race, sex, and disability bias and retaliation (E.D. Cal.), 766
      – Fresno, home health care workers must choose between representation by SEIU affiliate or switch to newly created union, 523
      – Furloughs
      – H1N1, 25M respirators released to health care facilities in response to delays in vaccine availability, 1253
      – Health insurance
        – – Lower-cost plans, administration seeking bids to cut costs, 66; proposal in next budget year by lower-cost insurance, will require new workers to work 25 years before vested lifetime benefits, 583
        – – Retiree benefits, unfunded liabilities still growing, state covering on pay-as-you-go basis, 245
      – Home health care, emergency stay of injunction barring state from cutting hourly wages denied (9th Cir.), 866
      – Los Angeles
        – – Coalition of City Unions, pact extension stalls over dispute over amortization period for early retirement incentive program payoffs, 998; pact with SEIU Local 721 announced, all city unions agree to 2 year extensions of status quo, 1152
        – – Deputy district attorney may pursue free speech claim for harassment and demotion for criticizing D.A. (9th Cir.), 197
        – – National origin, race, and sex bias, award to deputy city attorney improper, failed to show evidence of misbehavior was pretext (U.S., rev den), 782
      – Nurse-to-patient ratios, implementation of minimums has little effect on quality of care, study, 224
      – Oakland, city parks director with cognitive disability after workplace brain injury may pursue ADA claim for accommodation denial but firing for performance not pretext for bias (N.D. Cal.), 1005
      – Orange Cty., bid to void retroactive retirement benefits for deputy sheriffs dismissed (Cal. Super. Ct.), 282
      – Pay cuts, governor has authority to reduce pay to federal minimum wage in absence of state budget, tentative ruling (Cal. Super. Ct.), 284; state controller must comply with executive order cutting worker pay, 376
      – Plumas Cty., county may appeal subject matter jurisdiction despite removing layoff claims from state court (9th Cir.), In Brief, 278
      – Public Employees' Retirement Sys. (CalPERS), board meets to review asset allocations, 223; smoothing methodology for local government contributions to ease impact of investment losses adopted, 765
      – Sacramento
        – – Area Flood Control Agency, firing, pay cut, excluding from managers' meetings, and reduced duties are prima facie evidence of race bias (E.D. Cal.), 595
        – – Whistleblowing, workers may bring claims after adverse initial findings without exhausting administrative remedies (Cal.), 353
      – San Diego, no contract clause violation where deferred retirement and subsidies to employee contributions cut during pact talks (9th Cir.), 809
      – Santa Clara Cty., whistleblower should have reported accord proceeds on federal income tax return (T.C.), In Brief, 1078
      – Santa Monica, city gets new trial in claims by probationary bus driver fired during pregnancy where jury misinstructed on mixed motive (Cal. Ct. App.), 1293
      – Sonoma Cty., no discretionary act immunity from court commissioner's age bias claim (Cal. Ct. App.), 49
      – Union membership, rate faster than rest of country, UCLA study, 1065
      – Vallejo, municipality in Chapter 9 bankruptcy may void union pacts (Bankr. E.D. Cal.), 339; bankruptcy judge mediates IAFF and IBEW pacts while state considers bill requiring state approval before filing, 518; bill requiring localities to get state approval before declaring bankruptcy approved, 704; city satisfied legal requirements to file for municipal bankruptcy protection (9th Cir.), 804; motion to reject IBEW Local 2376 pact approved, 1021; IBEW appeals bankruptcy court approval of pact rejection, 1064
    CALIFORNIA NURSES (CNA)
      – H1N1 virus, some health care providers mandating vaccinations for nurses, unions recommend protection but oppose mandate, 1201
      – NNOC
      – Univ. of Cal., wage reopener ratified, 166
    CANADA
      – Public sector collective bargaining settlements, HRSD report, October 2008, In Brief, 14
    CANCER
      – Breast, air traffic control specialist denied reinstatement after return to work with limitations entitled to accommodation (EEOC), 878
      – Or., law broadening number of cancers presumed to job related for firefighters for workers' compensation purposes signed, 375
    CARD CHECKS
    CAREGIVERS
    CARMEN'S UNION
      – Local 589
        – – Disability bias, accord awarding hearing-impaired rail repairer retroactive seniority and top pay rate preempts pact terms (Mass.), 746
        – – Sex bias, bus driver who moved to collections job for medical reasons has no sex bias claim, posting rescinded for budget constraints (1st Cir.), 19
    CARPAL TUNNEL SYNDROME
      – Sovereign immunity, denying Senate Sergeant at Arms' motion to dismiss claim for accommodations denial not reviewable (Fed. Cir.), 17
    CASINOS
      – National Indian Gaming Commission, fringe benefit program allows cash reimbursement to worker who ride bicycles to work, 994
      – Native american
    CBAs
    CBP
    CENSUS BUREAU
      – State and Local Government Public Employee Retirement Sys. Census, 2008, 12
    CERTIFICATION OF UNIONS
    CFTC
    CHARITABLE ORGANIZATIONS
    CHILD CARE
      – FRD
      – Organizing, Md. executive order establishing bargaining rights for home-based child care workers getting state pay upheld (Md. Ct. Spec.. App.), 385; pact attained, 766; ratified, 834
      – Wash., SEIU complaints about suspending pay raises in budget cuts accelerated (Wash.), 221
    CIGAR AND CIGARETTE SMOKING
    CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)
      – Attorneys' fees, successful deportation officer must pursue request in court for work challenging MSPB decision (Fed. Cir.), 169
    CIVIL PROCEDURE
      – Rule 11, magistrate abused discretion in imposing sanctions on attorney (D.C. Cir.), In Brief, 1009
    CIVIL RIGHTS ACT OF 1866 (42 U.S.C. §1981)
      – Race bias, statute does not create implied right to sue Philadelphia for firing after EEOC right-to-sue letter (3d Cir.), 195
    CIVIL RIGHTS ACT OF 1871 (42 U.S.C. §1983)
      – Due process and free speech, officers have no §1983 claim for expulsion from FOP, no state action (7th Cir.), In Brief, 935
      – Free speech, deputy LA district attorney may pursue claim for harassment and demotion for criticizing D.A. (9th Cir.), 197
      – Political affiliation, county board may not use to choose Social Servs. Dep't director but officials who chose may not know it was unlawful (4th Cir.), 739
      – Race bias, N.Y. police detective may not pursue claims for sick leave policy where state proceeding addressed (E.D.N.Y.), 108
    CIVIL RIGHTS ACT OF 1964
      – Title VII
        See specific forms of discrimination
    CIVIL RIGHTS COMMISSION, U.S.
      – FY2010 budget, President's proposal calls for slight increase, 552; bill, see LEGISLATION, FEDERAL, HR 2847
      – National origin bias, government bringing meritless claims for English-only rules but EEOC official defends litigation, 13
    CIVIL SERVICE
    CIVIL SERVICE EMPLOYEES (CSEA)
      – N.Y., Nassau Cty., pact with buyouts and deferred pay as alternative to layoffs and pay cuts attained, 308
    CIVIL SERVICE REFORM ACT (CSRA)
      – Case Notes, 295
      – Promotions, U.S. citizens denied jobs given to noncitizens may not use APA to circumvent exclusivity (D.C. Cir.), 560
    CIVIL SERVICE RETIREMENT SYSTEM (CSRS)
      – Basic pay, OPM had authority to determine that court reporter's income from preparing transcripts excluded from calculation (Fed. Cir.), 1032
      – Investments, retirement system not fully funded, liability continues to rise, CRS report, 796
      – Phased retirement bill
        See LEGISLATION, FEDERAL, HR 1198; LEGISLATION, FEDERAL, S 469
      – Survivor annuities, OPM should publicize rule that CSRS participants who leave to work for private sector will lose pension not applied for before death, 190
    CLASS ACTIONS
      – Ed. Note: This heading covers issues of class composition and certification. For all other class claims, see specific subjects.
      – Benefits denial, class claims fail where notice of amount individual claims may be settled for and intent to file class claim not given (Ariz.), 232
      – Free speech, age bias charge not speech on a matter of public concern, no retaliation (5th Cir.), 253
      – Overtime, clarification of unclear order barring NYPD Internal Affairs Bureau from questioning sergeant about deposition sought (2d Cir.), 201; injunction needed to prevent retaliation against officers pursuing claims (S.D.N.Y.), 774
      – Race bias
        – – Certification, appeal not filed within 10 days untimely (D.C. Cir.), In Brief, 570
        – – Culture of bias, granting certification erroneous, no policy or practice by Mich. Human Servs. Dep't that affects job opportunities of ethnic and minority men (Mich. Ct. App.), 817
        – – Promotion, mail handler failed to meet EEOC requirements despite signatures by 170 co-workers where claims not the same (EEOC), 445
    CLEAN WATER ACT
      – Whistleblowers, Ga. sewer inspectors fired after telling supervisors of compliance issues have no retaliation claims under statute or 1st Amend. (11th Cir.), 649
    CNA
    COACHES
    COAST GUARD (USCG)
    COBRA
    COLAs
    COLLATERAL ESTOPPEL
      – Age bias, Mich. agency fact findings do not apply to secretary fired for complaint where ADEA has administrative remedy (5th Cir.), 527
      – Hearsay, claim for promotion denial reinstated, white worker's application within public record exception and prior supervisor bias may have adversely affected record (6th Cir.), 528
      – Public employer, Ohio public defender's office workers hired after incorporation as nonprofit not barred from seeking service credit from state retirement system (Ohio), 48
      – Race bias, African Am. police detective may not pursue claims for sick leave policy where state proceeding addressed (E.D.N.Y.), 108
    COLLECTION OF DEBTS
    COLLECTIVE BARGAINING
      – Ed. Note: For contracts reached through negotiations, see specific union names, types of public employees, and states.
      – Big cities and unionized municipal workers, difficulties in balancing budgets in tough economic times heavily influences, report, 1096
      – Duty
      – Economic downturn, communication of problems essential, conference told, 265
      – FAA reauthorization bill
        See LEGISLATION, FEDERAL, S 1451
      – Merit principles, union representing Cal. state attorneys, ALJs, and hearing officers failed to prove failure of statutory process unconstitutional (Cal. Ct. App.), 777
      – Public sector employers and unions, likely that pacts will be attained through litigation and political pressure during economic downturn, conference, 1296
      – Rights
      – Transportation Security Workforce Enhancement Act
        See LEGISLATION, FEDERAL, HR 1881
      – ULPs
    COLLECTIVE BARGAINING AGREEMENTS
      – Ed. Note: For contracts reached through negotiations, see specific union names, types of public employees, and industries.
      – Card check provisions
    COLLEGES AND UNIVERSITIES
      – Ala. A&M Univ., professor of Taiwanese descent may pursue bias claim for firing despite replacement by member of different subset of Asian race (11th Cir.), In Brief, 1295
      – ARRA, states that got fiscal relief retained or created jobs, preliminary estimate, 1224
      – Average faculty salaries, 2008-2009 data, AAUP report, 462
      – Cal. State Univ., faculty association votes to accept monthly unpaid furloughs as part of effort to absorb state funding cuts, 865
      – Case Notes, 935; 1234
      – City Univ. of N.Y., teachers' union may include costs of political activities related to new pact in agency fees but amount charged excessive (2d Cir.), 1258
      – Del. State Univ., department head fired for changing grades and giving credit for classes not taken failed to present evidence of protected speech (3d Cir.), 436
      – Galludet Univ., hearing-impaired former dean may pursue disability bias claim for adverse actions after supporting former president, hostile environment that she was not deaf enough (D.D.C.), 977
      – Ga. Tech, program coordinator whose lost funding has no race bias or retaliation claim, no protected activity and qualifications not superior (11th Cir.), 650
      – Iowa State Univ., female Muslim Palestinian professor denied tenure failed to show bias tainted lower level of review (8th Cir.), 738
      – Jackson State Univ., limitations period for tenure denial resulting in failure to hike salary governed by Fair Pay Act but no Miss. tort claim (S.D. Miss.), 566
      – La. State Univ., faculty member's claim for unpaid leave denial after sabbatical untimely but may pursue claim for demand for repayment for failure to return (5th Cir.), 1004
      – Medical school hospitals
      – Minimum wage and overtime, athletic instructor exempt from FLSA even if substantial time spent recruiting student athletes, DOL opinion letter, 39
      – Nevada Sys. of Higher Educ., school worker cannot bring age bias claim, ADEA sole remedy (9th Cir.), 286
      – N.J., Mercer Cty. Comty. Coll., bias law exception allowing refusal to hire or promote workers over 70 inapplicable to contract nonrenewal (N.J. Super. Ct.), 569
      – N.M., Luna Cmty. Coll., DOJ charges failure to prevent sexual harassment by former college president (D.N.M.), 67
      – N.D. State Univ., sports official has no age bias claim, courts must defer to Univ. personnel board decision despite state human rights law (N.D.), 598
      – Ohio
        – – Cuyahoga Cty., worker who filed internal sexual harassment complaint has counterclaim for retaliation in defamation suit (Ohio Ct. App.), 415
        – – Ohio Univ., professor has due process claim for failure to offer name-clearing hearing before suspending faculty status for plagiarism scandal (6th Cir.), 134
      – Okla. State Univ., complaints about supervisor's affair and related favoritism not protected (10th Cir.), In Brief, 1042
      – Ozarka College, former president who got pretermination hearing entitled to separate hearing to clear name (8th Cir.), 1189
      – Temple Univ., Ass'n of Univ. Professionals pact covering librarians, faculty, and academic professionals ratified, 1063
      – U.S. Public Service Academy Act
        See LEGISLATION, FEDERAL, HR 2102
      – Univ. of Ala., no constitutional violation in medical school director refusal to provide peer review data to another hospital based on state privilege (11th Cir.), 711
      – Univ. of Ark.
        – – First Amend., nonpromotion of public safety officer not tied to protected speech (8th Cir.), In Brief, 295
        – – Med. Sciences, director who filed sexual harassment complaints against co-workers who filed charges against him failed to refute belief that he lied during interview (8th Cir.), 435
        – – Pine Bluff, professor who filmed classes and refused to explain sabbatical due to perceived vendetta failed to prove retaliation or due process violations (8th Cir.), 442
      – Univ. of California
        – – AFGE Local 3299 pact ratified, 129
        – – Age and race bias, notice of appeal filed after reconsideration motion denied untimely, limitations period not tolled by defective motion (Cal. Ct. App.), 909
        – – Hospitals, CNA wage reopener ratified, 166
      – Univ. of Colo., assistant professor established prima facie case of sex and race bias for tenure denial but unable to rebut school's explanation (10th Cir.), 349
      – Univ. of Ga., African Am. police officer failed to show reasons for promotion denial were pretext for bias (11th Cir.), 1038
      – Univ. of La., 11th Amend. does not bar EEOC from recovering damages for age bias in denying former dean rehire (5th Cir.), 227
      – Univ. of S. Miss., music professor whose contract was not renewed after student complaint about remarks on homosexuality has no due process or equal protection claims (S.D. Miss.), 1292
      – Univ. of Texas
        – – Arlington, workers who said prayers and rubbed oil on co-worker cubicle have no free speech claim but may be religious bias (N.D. Tex.), 440
        – – Med. Branch, Galveston, workers laid off after hurricane get preference for rehiring in accord for making personnel decisions without open meeting (Tex. Dist. Ct.), 493
      – Va. Tech. Univ., business manager fired after asking student-worker to pose for calendar failed to assert proper basis for judicial review (Va.), 536
      – West Point, AFGE to challenge decision to privatize public works jobs, no GAO protest until Army briefing and SBA challenge resolution, 457; contract for public works functions improperly awarded due to improper calculation of cost savings, 1250
    COLORADO
      – Denver, bill merging public schools' retirement system with state plan signed, 639
      – Domestic partners
        – – Group health benefits, bill making same-sex partners of state workers eligible signed, In Brief, 645
        – – Health insurance and retirement benefits, bill giving unmarried people right to designate beneficiaries signed, 462
      – Douglas Cty., deputy coroner may pursue claim that firing was for reporting suicide cover-up (D. Colo.), 744
      – Fire and Police Pension Ass'n, bill suspending annual contributions for 3 years for budgetary reasons signed, additional bill requires compliance with IRC, 519
      – Leave-sharing, bill expanding types of paid leave state workers can bank and share signed, 433
      – Political contributions, constitutional amendment barring state and local government worker unions from making stayed, permanent order expected, amendment violates 1st Amend. (Colo. Dist. Ct.), 803
      – Transp. Dep't, no vicarious liability for supervisor sexual harassment, firing for performance not retaliation (10th Cir.), 561
    COMMERCE DEPARTMENT
    COMMODITY FUTURES TRADING COMMISSIONS (CFTC)
      – Discipline, CFTC worker failed to prove charges against him unsubstantiated or that military service motivated firing (Fed. Cir.), 1286
    COMMUNICATIONS WORKERS (CWA)
      – Dist. 1, N.J. Civil Serv. Comm'n approves emergency rule authorizing mandatory unpaid furloughs to cut costs, 372; emergency adoption complied with state law, but entire unit must be off on same day, CWA charges ULPs, 519; pact for N.J. state workers attained, wages frozen in exchange for no layoffs, furloughs still mandated, 668; ratified, 803
      – H1N1 virus, some health care providers mandating vaccinations for nurses, unions recommend protection but oppose mandate, 1201
      – Pandemic flu, most health care facilities not adequately prepared, survey of union leaders finds, 497
    COMMUTING
      – Hours of work
        – – Appellate review improper where no reversible error in denying overtime pay (8th Cir.), 748
        – – Government cars, workers who must use who use to travel to work and may not use for personal purposes not entitled to overtime pay (Fed. Cir.), 1029
      – Telecommuting
    COMPENSATION
    COMPENSATORY DAMAGES
    COMPENSATORY TIME
      – Case Notes, 954
      – Overtime
        – – EEOC, requiring time off rather than pay for excess hours worked was willful FLSA violation (Arb.), 417
        – – Failure to grant leave within reasonable time, Chicago violated FLSA in offering credit in lieu of pay but denying leave requests (7th Cir.), 437
        – – N.Y.C. Ed. Dep't parent support workers may not agree to accept time off in lieu of pay where AFSCME pact did not address (S.D.N.Y.), 21; union failure to file grievance was not agreement to accept (rev den), 202
      – Religious, IRS urged to update procedures to prevent abuse by employees, TIGTA report, 308
    COMPETITIVE SOURCING
    COMPRESSED WORKWEEKS
      – Utah, shift to 4-day workweeks has not generated expected energy cost savings, official says, 1255
    COMPUTERS
    CONFERENCES AND MEETINGS
      – ABA
        – – Labor and Emp. Law Section
          – – – Center for Continuing Legal Ed. conference, 880
          – – – Third Annual CLE Conf., 1296
        – – Nat'l Ins. on Health and Welfare Benefit Plans, 1238; 1239
        – – Section on Taxation meeting, 588
        – – Teleconference, 480
      – AFL-CIO Exec. Council
        – – Spring meeting, 433
        – – Winter meeting, 311
      – AFSCME
        – – Annual legislative conference, 585
        – – Nurses Congress, 558
      – ALI-ABA teleconferences
        – – DOL FMLA rules, 113
        – – Lilly Ledbetter Fair Pay Act, 263
        – – Retaliation, Crawford ruling, 325
      – Am. Constitution Soc'y for Law and Policy, 479
      – Am. Soc'y of Pension Proff'ls and Actuaries, 1283
      – Center for Am. Progress Action Fund Annual Equal Pay Day forum, 540
      – Coalition for Effective Change 15th anniversary, 757
      – Fed. Advisory Council on Occupational Safety and Health, 1092
      – IAFF legislative conference, 345
      – Minn. State Bar Ass'n Continuing Legal Education
        – – Public Sector Labor & Employment Law conference, 265
        – – Seminar, “The New ADA,” 27
      – Nat'l Emp. Law Institute, 850
      – Nat'l Emp. Lawyers Ass'n meeting, 1289
      – NTEU annual legislative conference, 277
      – SPARK Inst. webcast, 957
    CONFIDENTIALITY
      – Disclosure
      – Privacy rights
      – Settlements, no breach in telling prosecutor in criminal case of potential financial problems (Fed. Cir.), In Brief, In Brief, 79
      – Sexual harassment, N.J. county must provide accord with female worker to local newspaper and public information advocate (N.J. Super. Ct.), 385
      – Social Security numbers and state workers' personal data, new N.Y. law restricting use and disclosure takes effect, 41
      – USCG, report finds agency civil rights programs do not protect information, 398; panel leaders urge Controller Gen. to ask GAO to study OCR, implementation of EEO programs, 459
    CONGRESS, U.S.
      – Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
      – Congressional Accountability Act
      – Congressional Research Service
        – – Reports
          See specific subject matter
        – – Sexual orientation bias, transsexual whose CRS job was rescinded after supervisor learned of sex change gets damages (D.D.C.), 516
      – Oversight and Government Reform Subcommittee on Federal Workforce, USPS, and D.C., Lynch (D-Mass) selected chair, In Brief, 163
      – Senate
        – – Homeland Security and Govt'l Affairs panel, Voinovich (R-Ohio) will not seek another term, 64
        – – Sergeant at Arms, denying motion to dismiss ADA claim for accommodation denial not reviewable where merits and timeliness intertwine (Fed. Cir.), 17
      – U.S. Capitol Police
        – – Natural disasters, officers could be deployed to Tex. after hurricane without notice to appropriations panels, GAO legal opinion, 216
        – – Race and sex bias, counseling and mediation are jurisdictional requirements of CAA, officers need not appear in person, and written notice triggers limitations period (D.C. Cir.), 925
    CONGRESSIONAL ACCOUNTABILITY ACT (CAA)
      – Race and sex bias, counseling and mediation are jurisdictional requirements, officers need not appear in person, and written notice triggers limitations period (D.C. Cir.), 925
      – Sovereign immunity, denying Senate Sergeant at Arms' motion to dismiss ADA claim for accommodations denial not reviewable (Fed. Cir.), 17
    CONGRESSIONAL RESEARCH SERVICE (CRS)
    CONNECTICUT
      – Atty. Gen.., state FEP law waives state immunity from paralegal's age, disability, and sex bias claims (Conn.), 655
      – Case Notes, 935; 954
      – Envt'l Protection Dep't, supervisor required to submit to physical exam after complaining about suspension for altercation with subordinate has claim (2d Cir.), 1070
      – Furloughs
      – Newington, clerk has no claim for public disclosure of age bias accord where no economic harm, penalty only for violating contract (2d Cir.), 45
      – Retaliation, union members may pursue class action for claims for layoffs for budget shortfall pretext for bias against and for exercising 1st Amend. rights (Conn.), 934
    CONSENT DECREES
      – Race bias, Mass. police department did not use race in reordering hiring list, within scope of 1973 accord (1st Cir.), 470
      – Settlements
    CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
      – Early retirement, hospital workers should have been provided with notice of health care continuation rights even though retirement package had other health benefits (W.D. Va.), 47
    CONSTITUTIONAL RIGHTS
    CONSTRUCTIVE DISCHARGE
      – Case Notes, 1234
    CONSUMER PRICE INDEX (CPI)
      – Urban consumers, BLS reports, Dec., 2008, 102; Jan. 2009, 248; Feb., 344; March, 465; April, 617; May, 736; June, 835; July, 969; Aug., 1066; Sept., 1187
    CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
      – Hiring, applicant whose offer was withdrawn for concealing firing during probation by Library of Congress gets constructive suitability determination (MSPB), 658
    CONTINGENT WORKERS
    CONTRACTING OUT
      See also DEFENSE CONTRACTORS; FEDERAL CONTRACTS AND CONTRACTORS
      – BOP, vocational training program instructor could not protest decision to contract out dental laboratory services performed by inmates where not affected by decision (GAO), 614
      – Correction of Longstanding Errors in Agencies' Unsustainable Procurements Act
        See LEGISLATION, FEDERAL, S 924
      – Delivery services, Congress and unions concerned about USPS use despite serving less than 3% of delivery routes, CRS report, 917
      – D.C., AFGE Local 2741 charges city reprogrammed funds to eliminate office to privatize day care, 1027
      – FPS, use of contract security guards in federal buildings continuing despite Congressional efforts to protect employees, CRS report, 125; DHS FY2010 budget proposal transfers FPS from ICE to Nat'l Protection Programs Directorate, AFGE praises, 550; serious problems continue to cause security risks, GAO says required training not conducted, 793; transfer from ICE to Nat'l Protection and Programs Directorate announced, 1247
      – Headstone setting, designated VA employee agent has no claim for decision to use contractor where cemetery caretakers' jobs not affected (GAO), 698
      – Improving acquisition practices, better managing multi-sector workforce, and increasing performance data quality, OMB guidance, 918
      – Inherently governmental work
        – – Definition, AFGE would like to strengthen, review all contracts, and not enter into any more, 159
        – – Reform, Obama seeks improved oversight and end to unneeded cost-plus contracts, 279
      – Pay and benefits, U.S. should follow state and local governments by including when evaluating bids, report, 700
      – Private tax collection, IRS reviewing performance, will decide on contract renewals by March, 155; IRS announces end of program, 275
      – Professional services, DHS contracts valued at more than $1M will be reviewed to ensure no performance of inherently government functions, 700
      – Wash., Gen. Admin. Dep't rules defining displaced workers and barring Employee Business Units from bidding on more than one contract invalid (Wash. Ct. App.), 1231
      – West Point, AFGE to challenge decision to privatize public works jobs, no GAO protest until Army briefing and SBA challenge resolution, 457; contract for public works functions improperly awarded due to improper calculation of cost savings, 1250
    CONTRACTS AND CONTRACTORS
    CORRECTIONAL FACILITIES
      – Ark. Corr. Dep't, no race and sex bias in firing workers based on voice stress analysis tests (8th Cir.), 710
      – BOP
      – California
        – – Cal. Med. Facility, DOJ charges USERRA violation in not offering comparable job to injured veteran after discharge (E.D. Cal.), 556
        – – Fresno, forcing officer injured during active duty to take entry-level job violates USERRRA, DOJ charges (E.D. Cal.), 640
        – – Layoffs, 5K state workers to get notices, health benefit cut as cost-cutting move to close budget deficit, 583
      – Case Notes, 1165
      – Connecticut
        – – Defamation, supervisors immune from due process and equal protection claims by failing to clear officer accused of choking co-worker (Conn. App. Ct.), 980
        – – Fitness tests, female applicant had standing to challenge disparate impact of on women (D. Conn.), 292
      – D.C., Oak Hill Youth Center, FOP pact requires officer to file ULP charge for juvenile escapes (D.C. Cir.), 137
      – Federal
      – Fla. Corr. Dep't, Bahamian failed to show race or national origin bias in firing for threatening supervisor, hearsay exception inapplicable (11th Cir.), 562
      – Illinois
        – – Cook County
          – – – Free speech, prisons' guards' assertion that code of silence barred complaints about inmate mistreatment but may have claims of threats to prevent testimony (7th Cir.), 1100
          – – – National origin bias, officer of Middle-Eastern origin has claim for management failure to investigate co-worker conduct (N.D. Ill.), In Brief, 628
        – – Corrections Dep't
          – – – Dwight Corr. Ctr., fired male sergeant whose negligence caused inmate death failed to prove pretext for sex bias (7th Cir.), 932
          – – – Free speech, official has no claim for transfer where no evidence parole board testimony caused, officials have qualified immunity (7th Cir.), 928; no state law or due process claims for indictment, 1067
        – – Political activities bias, GOP supporters laid off after Democrat inaugurated failed to show bias influenced rehire refusal (7th Cir.), 1284
        – – Robinson Corr. Ctr., change in job duties with same position and salary not a demotion, no due process rights infringed (7th Cir.), 288
        – – Will Cty., juvenile detention facility head failed to prove firing for misconduct was pretext for retaliation for FMLA absence (7th Cir.), 467
      – Ky., Henderson Cty., applicant denied deputy jailer job for failing prehire drug test for medications for epilepsy has no claim (W.D. Ky.), 625
      – Md., Rastafarian corrections officer failed to prove firing for dreadlocks and not for performance and preferential treatment of subordinate (4th Cir.), 930
      – Massachusetts
        – – Corr. Dep't, prison guard fired for romantic relationship with former inmate has no due process claim where state has security interest in monitoring relationships (1st Cir.), 348
        – – Sex bias, DOJ charges ability test used to screen applicants has disparate impact on women and not job related or required by business necessity (D. Mass.), 1127
        – – Suffolk Cty., sheriff who decommissioned jail officers for union activities and support for rival not immune (1st Cir.), In Brief, 478
      – Mich. Corr. Dep't, male officer may pursue sex bias claim for denial of request to work shift and job restricted to female officers (E.D. Mich.), 439
      – Missouri
        – – Equal protection, no violation in excluding juvenile court office workers from county retirement fund (Mo.), 203
        – – Sexual harassment, claim failed where offensive touching did not affect job and no retaliation where co-workers' actions not adverse (8th Cir.), 1132
      – N.H., fact that SEIU pact with Corrections Dep't not signed does not permit PBA to file petition to represent workers (N.H.), 204
      – N.J., Essex Cty., DOJ charges suspending and firing officer for wearing head scarf was religious bias (D.N.J.), 735
      – New York
        – – Erie Cty., sheriff may implement new inmate classification policy without bargaining but must bargain over impact (N.Y.), 354
        – – Nassau Cty., no unfair prejudice in caustic remarks to defense witness, front pay award for refusal to hire after earlier sexual harassment suit upheld but attorneys' fees must be reconsidered (2d Cir.), 1073
      – N.D., Grand Forks Cty., juvenile detention officer denied promotions due to National Guard membership gets damages, DOJ accord (D. N.D.), 522
      – Ohio, Public Employees Ret. Sys. board could not be given service credit to dentist who served inmates without majority approval (Ohio), In Brief, 1078
      – Pennsylvania
        – – Lawrence Cty. Adult Probation and Parole Dep't, judicial district subject to Rehabilitation Act claims where one subunit took federal funds (3d Cir.), 103
        – – Philadelphia, officer who claims discipline in retaliation for serving as co-worker union representative has no due process or free speech claim (3d Cir.), 712
      – S.C., damages award to prison warden not rehired after retirement for refusal to lie about security and training director upheld (4th Cir.), 929
      – Tenn., corrections officer had no prima facie retaliation claim, failed to link EEOC sexual harassment charge to firing for failure to correct files (W.D. Tenn.), 108
      – Utah, physician's assistant has no disability bias claim where unable to do job, safety and security concerns made emergency response training essential (10th Cir.), 1131
    COST-OF-LIVING ADJUSTMENTS (COLAs)
      – Federal judiciary, Chief Justice calls for reversing inaction, report, 34
      – Federal pay, replace non-foreign COLAs with locality pay system
        See LEGISLATION, FEDERAL, S 507
    COURTS
      – Case Notes, 1234
      – Employee status, worker's claims for business expense deductions rejected (T.C.), In Brief, 1164
      – Ga., Cobb Cty., rejected applicant who failed to rebut reasons for turning down for promotion has no race bias claim (11th Cir.), 231
      – Judges
      – Judicial immunity, N.Y. public defender may not bring due process or contract breach claims for underpayment (2d Cir.), In Brief, 1165
      – La., clerk in state judge's office whose job was eliminated during pregnancy leave may not sue state where not paid by state (La.), 626
      – Michigan
        – – Clinton Twnshp., court workers fired after interviews during oversight review raised factual issue of protected property interest in jobs (6th Cir.), 350
        – – Dearborn, court administrator entitled to costs of mediation, city representative had no settlement authority (E.D. Mich.), 352; administrator had standing but immunity bars claims for promotion denial for relationship with judge, 411
      – Ohio, Cuyahoga Cty., liability of juvenile court workers for penalties for appealing race bias claim denial must be determined individually (6th Cir.), 170
      – Supreme Court
      – U.S. Judicial Conf., OPM properly determines that court reporter's income from preparing transcripts excluded from basic pay for calculating retirement annuity (Fed. Cir.), 1032
    CPI
    CPSC
    CRC
    CREDIT REPORTS
      – Use in making employment decisions, EEOC continuing to examine need for guidance after public hearing last spring, Ishimaru says, 480
    CRIMINAL ACTIVITIES
      – Assault
      – Conspiracy and mail fraud, applicant properly denied IRS seasonal tax examiner job despite pardon (Fed. Cir.), In Brief, 1233
      – Driving under the influence, Tenn. merit board may consider expunged conviction in reviewing firing for failure to disclose on application (Tenn. Ct. App.), In Brief, 1233
      – Free speech, Tex. city council members indicted for using e-mail to decide whether to meet on public contract have greater 1st Amend. protection (5th Cir.), 560
      – Giving alcohol to minor, deputy sheriff has no due process claim where administrative remedies not exhausted (8th Cir.), 407
      – Misappropriation, Tenn. worker fired after disclosing supervisor sexual harassment may pursue Title VII claim even though no charge filed (U.S., rev and rem), 145; scope of impact of Crawford ruling uncertain, practitioners tell conference, 325; payroll coordinator produced sufficient evidence for jury trial on whether firing was retaliatory (Tenn.), 1291
      – Pensions, R.I. retirement system may revoke benefits even if no conviction (R.I. Super. Ct.), 1195
      – Public corruption, formation of Ill. Reform Comm'n to study options for enhancing and ensuring higher degrees of conduct announced, 38
      – Race bias, EEOC reviewing data from public meeting on using criminal records in making employment decisions, Outlook, 179; EEOC continuing to examine need for more guidance, Ishimaru says, 480
      – Violence
      – Voyeurism, MSPB must reconsider claims of FBI special agent fired for making sexual videotapes, standards not articulated and no analysis of whether criminality would affect (Fed. Cir.), 675
    CRS (CONGRESSIONAL RESEARCH SERVICE)
    CSEA
    CSRA
    CSRS
    CUSTOMS AND BORDER PROTECTION (CBP)
      – Age bias, Border Patrol agents failed to prove age was motivating factor in supervisor selection, qualifications and performance not pretext (S.D. Tex.), 745
      – Appointments and personnel changes, President announces intent to name Bersin commissioner, 1093
      – Army reservists, partnership with Army will provide access to job openings at CBP, In Brief, 493
      – Border Patrol
        – – H1N1 virus, NTEU pact allowing use of respirators attained, 942
        – – New agents, bureau did not follow best practices in determining cost estimates for hiring in FY2009, GAO report, 731
      – Grooming policy, 2 NTEU proposals nonnegotiable but FLRA improperly authorized facial hair policy without evidence of respirator use (D.C. Cir.), 69; agency must bargain with NTEU over proposed facial hair ban for officers who may wear respirators (FLRA), 779
      – Midterm bargaining, agency required to negotiate with NTEU on matters not addressed in existing pact (FLRA), 1197
      – Sex bias, Border Control agent not entitled to extra time off to express breast milk (5th Cir.), 652

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