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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
MACHINISTS (IAM)
– Local 726, civilians reorganized from Navy command unit no longer separate from workers in bargaining unit to which transferred (FLRA), 572
– Buyouts, pact attained, offers incentives to workers who quit or retire by Nov. 30, different than NALC and NRLCA terms, 993
– Agency fees, charging nonmembers for SEIU litigation expenses for representation activities did not violate 1st Amend. (U.S.), 111
– Appointments and personnel changes, Killefer named chief performance officer, new position responsible for cutting government waste, 61; Killefer withdraws after tax-related problems uncovered, 162
– Circular A-76, protest challenging evaluation of agency tender that Navy improperly conducted discussions after rating hospital proposal upheld (GAO), 861 – Security Clearance Oversight and Accountability Act
– Federal, haphazard cuts will not make government more efficient or effective, groups tell Obama transition team, 5
– Age bias, decision pending on whether SEIU pact clause enforceable to waive right to sue (U.S.), 146
– Arbitration decisions
See ARBITRATION
– Layoffs, Mass. sheriff had to arbitrate claim for reassignments in violation of pact (Mass. App. Ct.), 1267
– Age bias, P.R. law requiring police officers to retire at age 55 if 30 years of service lawful, meets ADEA exemption for state and local public safety officers (1st Cir.), 868
– Back pay, MSPB has no authority to make award to air traffic controller hired before current FAA standard enacted (Fed. Cir.), 172 – Foreign Service, officer denied 2 year post because she would turn 65 charges age bias and equal protection violation (D.D.C.), 1120 – Veterans, agencies must raise corresponding retirement date where maximum entry age requirement waived, OPM memo, 1020
– Preemption, ERISA does not bar garnishing pension benefits owed by La. sheriff's fund to individuals who pled guilty, monthly limits only apply to wages (E.D. La.), 107
– Jones Act
See JONES ACT
– Domestic Partner Benefits and Obligations Act
– Aviation Admin., Burmese administrative worker may not claim no notice state motion was for summary judgment where included in response (4th Cir.), 105
– Baltimore City, Social Servs. Dep't official has no 1st Amend. claim where political affiliation was legitimate requirement of job (4th Cir.), 44 – Baltimore Cty., no age bias in pension plan requirement that older new hires make bigger contributions (D. Md.), 176 – Caroline Cty., office workers fired after supporting state's attorney opponent have political activity bias and free speech claims (Md.), 440 – Furloughs
See FURLOUGHS
– Mandatory agency fees, bill letting unions negotiate with state agencies passes, governor will sign, religious objections allowed, 461; signed, 584 – Mont. Cty., race and age bias claims properly dismissed, untimely and evidence insufficient (4th Cir.), 173 – Prince George's Cty., contract clause violated by furloughing county workers where not reasonable and necessary to serve public interest (D. Md.), 975 – State Family Care Ass'n, 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
– Alternative work periods, firefighters for public mass transit covered by partial exemption, authority considered state agency, DOL opinion letter, 375
– Big Blue Bus, Cal. city gets new trial in claims by probationary driver fired during pregnancy where jury misinstructed on mixed motive (Cal. Ct. App.), 1293 – Cal., Bay Area Rapid Transit Dist., ATU Local 1555 pact attained hours before planned strike, 944; ratified, 999 – Case Notes, 478 – Ill., Reg'l Transp. Auth., ATU local suit seeks to end Chicago bus system policy of penalizing drivers for red light camera violations (Ill. Cir. Ct.), 997 – Mass. Bay Transp. Auth.
– – Disability bias, accord awarding hearing-impaired railroad retroactive seniority and top pay rate to hearing-impaired applicant preempts pact terms (Mass.), 746
– – Sex bias, bus driver who moved to collection job after medical problems has no claim, job posting rescinded for budget constraints (1st Cir.), 19 – Metro N. Commuter Ry., OSHA orders corrective action, back pay, fees, and punitive damages for discipline for reporting injuries and interference with treatment, 766 – N.J., transit police officer denied promotions retaliation for sex bias claims gets damages (N.J. Super. Ct.), 246 – N.Y.C. Transit Auth., Pentecostal bus driver whose religion barred wearing slacks may pursue claim for not allowing her to wear skirts (S.D.N.Y.), 874 – , Pa., SE Pa. Transp. Auth.
– – Disability bias, driver fired after medical restrictions barring commercial driving not qualified, evidence of prior suits properly admitted to impeach (3d Cir.), 502
– – Overtime, no 11th Amend immunity from bus driver's class action for time spend on vehicle safety inspections (U.S., rev den), 688 – – TWU Local 234, union strikes after pact talks break down, service halted, 1280
See generally LAW ENFORCEMENT EMPLOYEES
– Tex., Dallas Area Rapid Transfer, state law immunity from ATU claims for pay and benefits not barred, must file new grievance (Tex.), 110; Sup. Ct. lets decision stand (U.S., rev den), 718 – Wash. Metro Area Transit Auth., DOJ accord for refusal to accommodate religious practices of bus driver applicant announced (D.D.C.), 165 – Wis., Madison driver fired after inability to drive after high-risk pregnancy has no disability bias claim where IBT pact barred return (7th Cir.), 18
– Admin. & Fin. Sec'y, decision barring mandatory reporting and withholding without bargaining upheld (Mass. App. Ct.), 506
– Occupational safety data, bill requiring state agencies to compile signed, sets up joint labor-management health and safety committees, 521 – Pensions, governor urges reform, warns of layoffs of police officers, firefighters, and teachers, In Brief, 133
– Family and medical leave
– Business travel, GSA final rule clarifies that amount must be deducted from expense allowance where included or otherwise provided, medical and religious exemptions available, 457
– Newspapers
See NEWSPAPERS
– ADR, court administrator entitled to costs of participation, 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
– FMCS
See HOSPITALS
– At-risk OSHA workers, staff whose work creates risk of exposures or other hazardous conditions covered under agency exam program, In Brief, 1093
– Free speech, Conn. supervisory engineer required to have physical exam after complaints about suspension has claim (2d Cir.), 1070 – Health risk assessment, requirement that all workers complete to participate in employer funded plan violates ADA, EEOC opinion letter, 1154
– Case Notes, 935
– Injury and illness logs, OSHA rule change to allow collection on recurring annual basis nearing finalization, adds provision letting OSHA access records at federal work sites, 800
– Agoraphobia, panic disorder, and depression, USDA worker's Rehabilitation Act claims precluded by receipt of disability retirement benefits (D.D.C.), 1160
– Anxiety, county nurse with attendance problems after car accident has no ADA claim where driving not major life activity (7th Cir.), 525 – Case Notes, 935 – Cluster headaches and depression, postal worker fired for excessive absenteeism failed to show pretext, other workers disciplined for attendance not previously fired (9th Cir.), 742 – Disability bias, MSPB improperly refused to consider medical evidence of mental impairment, firing postal worker improper (Fed. Cir.), 1132 – Generalized anxiety disorder, no separation of powers violation in applying amended definition of disability retroactively (Wash.), 233 – Stress, teacher who resigned after transfer for problems with principal has no claim, treating therapists not credible (N.J. Super. Ct.), 51
– Barclays Global Investors, TSP fund manager being sold to BlackRock, chief investment officer calls good news, 728; CEO describes advantages of merger, automatic enrollment will increase TSP participation, 858
– Mergers and acquisitions
– Federal workers, oversight of performance awards and incentives are complicated due to differing rules, CRS report, 5
– Agencies and departments
See specific agencies or departments
– Burden of proof in appeals to pay grade claims clarified in favor of employees (MSPB), 259 – Disability retirement, evidence arising after postal worker may be considered in determining whether heat and dust on rural route aggravated chronic asthma (Fed. Cir.), In Brief, 1009 – Jurisdiction, patent examiner who protested lack of within-grade increase after reinstatement may not bring MSPB claim (Fed. Cir.), 230 – Leave accruals, no jurisdiction over mail processor's claims for failure to credit during leave without pay for job injury (Fed. Cir.), 135 – Merit Principles Survey, review shows improvement in adherence to principles but further improvement needed, report, 9 – Security clearances, board had no jurisdiction to review Navy civilian's suspension (Fed. Cir.), 1191
– Breckenridge, ageist comments about village manager whose contract was not renewed were stray remarks unrelated to decision, no direct evidence (E.D. Mich.), 1289
– 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 cost of participation in mediation, city representative had no settlement authority (E.D. Mich.), 352; administrator has standing but immunity bars claims for promotion denial for relationship with judge, 411 – Detroit, city planner with perfume sensitivity claiming disability bias and accommodation denial gets damages in accord (E.D. Mich.), 832 – Furloughs
See FURLOUGHS
– Human Servs. Dep't, granting race bias class 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 – Leoni Public Works Dep't, worker improperly fired for refusing to go into hole without trench box, ALJ must determine credibility (Mich.), In Brief, 206 – Saginaw, police officer's refusal to take polygraph test during internal investigation not constitutionally protected speech (6th Cir.), In Brief, 324
– Case Notes, 26
– Del., law protecting retirement benefits of state troopers called to active duty signed, In Brief, 897 – Disability bias, no accord breach where USPS improperly calculated retirement benefits by using time in service (7th Cir.), 70 – FMLA, final DOL rules lets families of wounded personnel take unpaid leave to provide care, separate from regular FMLA leave, 113 – NDAA, OPM issues proposed FMLA rules letting family of wounded personnel take 6 months unpaid leave to provide care, 989 – Pensions and other benefits, Conn. police officer who retired to work for State Dep't contractor in Iraq not entitled to reinstatement after accepting (Conn.), 597 – USERRA
– DOL opinion letters
– AFSCME Council 5 and Minn. Ass'n of Proff'l Employees ratify pacts with no pay hikes but keeps health insurance benefits intact, 761
– Hennepin Cty. Med. Ctr., no FMLA violation in firing janitor on medical leave for failure to call in absences or provide medical documentation (8th Cir.), 43 – Pensions, retirement system had not had adequate controls to protect systems and business data, In Brief, 807 – State government wages, freeze for 2 years proposed, unions say pay and benefits did not cause deficit, 99
– Alcohol abuse
– Dishonest and failure to render first aid, police officer firing for just cause for inconsistent accounts of suspect death met CBA standard (Arb.), 538 – Disobedience, substantial evidence supported MSPB finding that fired postal worker required to obey any supervisor (Fed. Cir.), In Brief, 26 – Drug and alcohol abuse – Fraudulent billing, fraternizing with detainee, and mishandling suicide attempt, juvenile facility head failed to prove firing was pretext for retaliation for FMLA absence (7th Cir.), 467 – Government contracts, postmaster properly fired for providing fraudulent divorce decree in investigation of contract with husband (Fed. Cir.), 592 – Gross negligence and falsifying documents, damages award to S.C. prison warden not rehired after retirement for refusal to lie about security and training director upheld (4th Cir.), 929 – Off-duty
See OFF-DUTY CONDUCT
– Romantic relationships
See OFFICE ROMANCE
– Sexual assault, letter carrier properly fired where customer reported entering home, grabbing, and kissing on route (Fed. Cir.), 812 – Sexual contact with inmate, fired Ark. correctional officer has no sex bias claim where based on voice stress analysis test (8th Cir), 710 – Substance abuse – Tax returns, IRS worker properly fired for filing joint return claiming improper deductions, job carries heightened duty to file accurately (Fed. Cir.), 533 – Threatening supervisor and taking bribes from subcontractor, Miss. Transp. Dep't worker failed to present enough evidence to outweigh firing for numerous disciplinary infractions (5th Cir.), 954 – Using taxpayer data without authorization or business purpose, IRS worker removal upheld (Fed. Cir.), In Brief, 778 – Viewing pornography on work computers, accord reached with fired Tenn. city solid waste official, forensic expert found only uncontrollable pop-ups (M.D. Tenn.), 968 – Walking naked in municipal building after hours, putting assistant law director job in classified service exceeded Ohio city's authority under state home rule provisions (Ohio Ct. App.), 846 – Workplace bullying, more states considering laws requiring monitoring workplaces to address, Analysis, 116; more common and prevalent than harassment, important employee relations issue increasingly surfacing in state courts and legislatures, Analysis, 116 – Workplace violence
See VIOLENCE
– Transp. Dep't
– – Race bias, African Am. worker failed to present enough evidence of retaliation to outweigh firing for numerous disciplinary infractions (5th Cir.), 954
– – Sexual harassment, no continuing violation where female worker reassigned for 16 months, claim untimely (5th Cir.), 1259
– Layoffs, governor proposing state jobs to cut FY2010 budget, In Brief, 133
– Mental Health Dep't, sovereign immunity bars damages award to fired worker for begrudging accommodations but may get prospective relief, no retaliation, age bias, or FMLA claims (E.D. Mo.), 623 – RIFs, 700 state jobs will be cut to balance state budget, retirement and health care benefits funded without restriction, 1256 – St. Louis, elections board director may pursue pay equity claim for paying male counterpart higher salary for equal work (E.D. Mo.), 654
– Envt'l Quality Dep't, merely allowing disabled fiscal officer to bring service animal to work does not mean agency fulfilled accommodation duty (Mont.), 844
– Breastfeeding Promotion Act
– GASB, comments sought on draft amendments for multiemployer postemployment benefits, 806
– Governmental plan exemption for withdrawal liability not applicable because many contributing employers from private sector (D. R.I.), 321 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
