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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
NALC
– Federal workers, chances to increase numbers and prevent departures not being utilized, policy paper, 398
– Contracting out, reliance on private contractors for services heavier, federal workforce smaller despite §324, remedial action needed, paper, 8
– FMLA, final DOL rules lets families of wounded personnel take unpaid leave to provide care, separate from regular FMLA leave, 113 – Military leave, OPM issues proposed FMLA rules letting family of wounded personnel take 6 months unpaid leave to provide care, 989 – Outsourcing, no indication OMB pressured military to hold public-private competitions, some from chain of command, IG report, 63; reexamining using contractors instead of civil servants or military personnel needed, GAO official tells House panel, 218; DOD reviewing whether to bring contract jobs in-house, CFO tells House panel, 367; budget request will seek to hike civilian workforce and decrease reliance on contractors, Gates says, 425; moratorium on outsourcing in FY2010 defense authorization bill until compliance with statutory requirements, In Brief, 801; FY2010 National Defense Authorization Act, see LEGISLATION, FEDERAL, HR 2647, S 1390
– Alaska, accord with EEOC for executive director sexual harassment of female workers approved (D. Alaska), 1062
– 403(b) plan, DOL files amicus brief support argument that organization incapable of establishing governmental plan, Valuebuilder just annuity option (9th Cir.), 1060
– Ill., no USERRA violation in discontinuing policy letting officers to make up shifts missed for training on days off (7th Cir), 737
– N.D., Grand Forks Cty., juvenile detention officer denied promotions due to membership gets damages, DOJ accord (D. N.D.), 522
– Transportation fringe benefit program allows cash reimbursement to worker who ride bicycles to work, 994
– Employee Free Choice Act
– Ed. Note: For enforcement actions other than general stories and weekly summaries, see relevant subject headings.
– Bargaining duty, NLRB refusal to bargain with certified consolidated union was ULP (FLRA), 296; NLRB to appeal ULP finding, Meisburg says, 426 – Unfair labor practices
– Biennial convention, delegates vote to endorse and join Nat'l Nurses United, combines CNA/NNOC, UAN, and Mass. Nurses Ass'n, 1064
– Availability pay, criminal investigator fired for inaccurate time and attendance data has no claim where unable to perform unscheduled duty due to medical condition (Fed. Cir.), 681
– Accents, fired Nigerian-born DOD auditor-trainee has no claim for supervisor suggestion to take English lessons where no protected activity (10th Cir.), 406
– Asian Americans and Pacific Islanders, interagency work group makes recommendations on issues in federal employment, final report, 64 – Case Notes, 954 – Cat's paw theory, female Muslim Palestinian Iowa college professor failed to show bias tainted lower level of review (8th Cir.), 738 – English-only rules, government bringing meritless claims for against employers with policies, witnesses tell CRC, EEOC official defends, 13 – Ethnic slurs, taunts and graffiti, Ill. correctional officer of Middle-Eastern origin has claim for failure to investigate complaints (N.D. Ill.), In Brief, 628 – Federal Work Force, EEOC annual report, FY2008, 1055 – Firefighters, code enforcement officer may pursue bias claims (S.D. Tex.), 293 – Harassment, associational bias due to perceived support of Latino politicians, minority Cal. city police officers gets damages in accord (Cal. Super. Ct.), 1185 – Hiring
– – Job-related, admission test for N.Y.C. firefighter academy has disparate, adverse impact on black and Hispanic applicants (E.D.N.Y.), 951
– – Native Am. man and white woman denied firefighter jobs failed to provide evidence of bias in decisions (D. Minn.), 76 – – Protected activity, fired N.Y. officer may pursue claim for rejected sanitation department application for participation in prior class suit by Latino officers (E.D.N.Y.), 1040 – – Retaliation, program coordinator whose lost funding after duties automated has no claim, no protected activity and no qualifications not superior (11th Cir.), 650 – – Selection process, applicant for ROTC instructor job has no claim where not pre-screened (10th Cir.), 139 – Misconduct, Bahamian Fla. corrections worker failed to show bias in firing for threats against supervisor, hearsay exception inapplicable (11th Cir.), 562 – N.Y.C., Latino Officers Ass'n fails to show NYPD contempt of court-approved settlement (2d Cir.), 313 – Personal liability, liability does not attach to individual employees as agents of employer (1st Cir.), 314 – Promotions
– – Pretext, FBI agent denied job in Rome office despite being highest ranked candidate showed adverse action to support claim (D.D.C.), 175
– – Qualifications, rejected auditor has no claim for choosing younger black man instead of older black woman, experience not only factor (3d Cir.), 678 – – Retaliation, administrative worker may not argue improper notice that state motion treated as summary judgment where included in his response (4th Cir.), 105 – – Retaliation, researcher denied tenure track job has no claim where remedies not exhausted and remark not made by decisionmaker (4th Cir.), 174 – Reassignment, Mich. school counselor moved to computer teacher has no claim, comments not direct evidence (E.D. Mich.), 48 – Reprimand, BOP psychiatrist who failed to consult EEO counselor after warning for violating policies did not exhaust administrative remedies (5th Cir.), 680 – Retaliation
– – Latina teacher reassigned to lower grade has no claim where no loss of pay or benefits (7th Cir.), 740
– – Public policy and 1st Amend., Polish bi-lingual teacher has no claim for contract nonrenewal but may pursue bias claim (7th Cir.), 1133 – – Summary judgment, Burmese administrative worker may not claim no notice where included in response (4th Cir.), 105 – – Tex. state worker fired after complaining about bias against agency workers gets damages (Tex. Dist. Ct.), 192 – – Unacceptable conduct, award to LA city attorney improper, failed to show city evidence was pretext (U.S., rev den), 782
– Acquisition workforce, DOD lacks critical data to meet mission, fails to collect data on contractor personnel, GAO report, 399
– Cybersecurity, DHS authorized to hire professionals to assist in protecting computer networks, 1150 – Homeland security – National Security Personnel System
– Case Notes, 26
– Pay equity
– – Agency acted willfully and in bad faith in paying female director less than men in comparable jobs (Fed. Cir.), 74
– – FLSA claim of retaliation for filing EPA complaint following nonpromotion pretextual, dismissed (D.D.C.), 320
– Part-time workers, all workers who have Sunday shifts must get 125% of normal pay rate (Fed. Cir.), 707
– Casinos
– Hurricane Ike, Univ. of Tex. in Galveston workers laid off after storm get hiring preferences in accord for failure to hold open meeting about RIFs (Tex. Dist. Ct.), 493
– Hurricane Ike, U.S. Capitol Police could be deployed in response to emergency without notice to Congress, GAO legal opinion, 216
See ARMED SERVICES
See TEACHERS (NEA)
– E-Verify, bill requiring public employers and contractors to us, In Brief, 465
– Health & Human Servs. Dep't, verdict by trial court for Pay Equity not appealable where attorneys' fees not decided, and judgment ordered against only 2 parties (Neb.), In Brief, 506 – Omaha, no improper use of state property where city council member filmed reelection campaign video in office (Neb.), In Brief, 144 – Reinstatement of state trooper with ties to Ku Klux Klan, arbitration award not enforceable due to public policy against race bias (Neb.), 294; (U.S., rev den), 781
– Health benefits, concern about participants neglecting care for chronic health conditions in consumer-directed plans, survey, 168
– Personal injury
See PERSONAL INJURY
– Concurrent employment of spouses, Tenn. dispatch operator fired for violating ban upon returning to after police officer husband's death has no public policy claim (Tenn. Ct. App.), 716
– Age bias, school worker cannot sue state, ADEA sole remedy for claims (9th Cir.), 286
– Collective bargaining, bill giving state workers limited rights on noneconomic issues vetoed, 671 – Domestic partners, veto of bill extending rights and benefits offered to married couples overturned, but no duty to extend health benefits, 671 – Modifying and reducing pensions and benefits offered to state workers and retirees, panel find benefits exceed private sector and other states, report, 37 – Salt River Project Agric. Improvement & Power Dist., disability bias claim by metallurgist for accommodation for extended out-of-town project reinstated (9th Cir.), 249 – Southern Nev. Health Dist., supervisor's biased comments poison firing process, bias claims allowed (D. Nev.), 319 – State workers, temporary pay cut and freeze on step increases and longevity pay proposed, In Brief, 102; lawmakers want to force state workers to take one mandatory furlough day per month, suspend merit and longevity raises, spending plan, 584 – USERRA, DOJ charges state with denying chief deputy controller reinstatement after return from active duty (D. Nev.), 763
– Layoffs, revising state workers' health benefits, and limiting bumping rights, governor proposes to balance budget, 221; SEIU rejects pact requiring 19 unpaid days off during 2 year term, layoffs start, 1187
– Age bias, exception letting employers refuse to hire or promote workers over 70 inapplicable to contract nonrenewal (N.J. Super. Ct.), 569
– Case Notes, 687 – Envt'l Protection Dep't, policy of public release of technical and scientific reports improperly restricts ability to inform public, workers argue, 672 – Furloughs
See FURLOUGHS
– Monmouth Cty., government must provide sexual harassment accord with female worker to local newspaper and public information advocate (N.J. Super. Ct.), 385 – Morristown, management specialist gets damages for sexual harassment by town business administrator in accord (D.N.J.), 342 – Pensions, bill letting local governments defer half of April public pension payments signed, 340 – Recognition of unions, use of majority sign up, or card check, to join union did not lead to intimidation, AFL-CIO report, 644 – Transit Corp., police officer denied promotions in retaliation for sex bias claims awarded damages (N.J. Super. Ct.), 246
– ADR, firefighters' arbitration-based impasse resolution provision requiring expenditure of state funds not effective until legislature makes appropriations (N.M. Ct. App.), 876
– Game & Fish Dep't, man complaining about sex bias may introduce recording of supervisor's conversation with temporary, no wiretap violation (D.N.M.), 905 – Pensions, bills requiring higher worker contributions and changing eligibility passed, governor reviewing, 401; AFGE Council 18 files suit contesting constitutionality, law set to take effect July 1, 734
– Case Notes, 687
– Clinton Cty., election commissioner properly fired for holding another public office in violation of state law (2d Cir.), In Brief, 847 – Dutchess Cty., election official forced to quit after female co-worker claimed sexual harassment established prima facie case of constructive discharge (2d Cir.), 676 – Erie Cty., sheriff not required to bargain over new inmate classification policy but must bargain over impact (N.Y.), 354 – Family court, judicial immunity bars public defender's due process and breach claims for underpayment (2d Cir.), In Brief, 1165 – H1N1 and seasonal flu, restraining order barring state from mandating vaccinations for health care workers issued, 1201; mandatory vaccinations for H1N1 and seasonal flu suspended, 1222 – James Zadroga 9/11 Health and Compensation Act – Mental Health Ofc., treatment assistant fired after starting interracial relationship with co-worker may pursue race and sex bias claims (N.D.N.Y.), 567; white assistant gets damages for hostile environment and firing, 1221 – Nassau Cty., CSEA pact with buyouts and deferred pay as alternative to layoffs and pay cuts attained, 308 – New York City
– – Health and Mental Hygiene Dep't, worker may not pursue LMRA claim where public workers not covered (S.D.N.Y.), In Brief, 1139
– – Homeless Servs. Dep't, policy limiting extended medical leave to permanent workers violates interactive process requirements of state human rights law (N.Y. App. Div.), 981 – – Income taxes, extended time period for filing appeal when U.S. is party applies to private parties only when government intervenes (U.S.), In Brief, 719 – – National origin and race bias, fired police officer may pursue claim for rejected sanitation department application for participation in prior class suit by Latino officers (E.D.N.Y.), 1040 – – Preliminary budget calls for RIFs, cutting pensions and benefits, Bloomberg says, 191; pacts with municipal unions announced, provides needed budgetary relief with minimal benefits disruption, 669 – – Racial bias, Latino Officers Ass'n fails to show NYPD contempt of court-approved settlement (2d Cir.), 313 – – Reverse bias, white motor vehicle operator produced enough evidence of supervisor harassment and promotion denial to raise triable claims (2d Cir.), 1130 – – Sexual harassment, civil rights law broader than Title VII, can apply to single acts but heating technician proved only petty slights (N.Y. App. Div.), 234 – – Termination, Sanitation Dep't failure to reinstate worker fired after arrest but later acquitted violates civil service law (N.Y. Sup. Ct.), 258 – Retiree health, governor creates task force on public retiree health benefits, key issue is impact of GASB 45, 284 – RIFs, state workforce cuts needed after unions reject concessions, 372; pacts attained with largest unions to avert need for layoffs, 701 – Same-sex marriages, marriage recognition rule allows Civl Servs. Dep't to recognize out-of-state marriages (N.Y. App. Div.), 178 – State pension fund for state and local workers, investments declined in FY2008-2009 fiscal year, comptroller announces, 673; legislation proposing to let local governments borrow from state to ease current payments declined during session, 833 – Sullivan Cty., no immunity for cooperative educational services board not arm of state, counselor may pursue claim for teacher harassment (2d Cir.), 198
– Asbury Park Press, N.J. county must provide sexual harassment accord with female worker (N.J. Super. Ct.), 385
– Milwaukee Journal Sentinel, ratification of CBA barring public release of state worker data insufficient to amend Wis. public records law (Wis.), 1008
– Council for Excellence in Government, will close after transferring programs to Partnership for Public Serv., In Brief, 190
– Ohio, Franklin Cty. public defenders, office workers hired after incorporation as nonprofit not barred from seeking service credit from state retirement system (Ohio), 48 – Ohio, Lucas Cty. Bd. of Mental Retardation and Dev. Disabilities, workers transferred to organization providing same services entitled to retirement service credit (Ohio), 1230
– Army reservist denied reinstatement, Admin. Office of the Courts settles DOJ lawsuit (E.D.N.C.), 283
– Bumcome Cty., N.C. agency director's statement that candidate not selected because people objected to gender and youth admissible (4th Cir.), 409 – Franklin Cty, waste water treatment plant operator gets damages for retaliation for sexual harassment complaint, DOJ accord (E.D.N.C.), 1151 – Greensboro, EEOC charges hiring substantially younger electronic process specialists was age bias and recordkeeping violations (M.D.N.C.), 923 – Health insurance, bill requiring smokers and overweight state workers to pay higher premiums signed, 559 – Teachers and state workers, executive order cuts annual pay for remainder of year, must take 10 hours flexible furlough leave, 520
– Agency fees, AFSCME Dist. Council 33 delay in sending when responsible worker took family leave proper where sufficiently detailed (3d Cir.), 1159
– Class actions, no claim for benefits denial where no notice of amount individual claimants would settle for and intent to file class action (Ariz.), 232 – COBRA – FMLA, worker who needs unforeseen leave must give such notice as practicable but no allowance provided by rules, DOL opinion letter, 585 – Furloughs, Haw. notifies unions of possible RIFs, first step in process, 863 – Posting
See POSTING NOTICES
– Age bias, hospital failed to rebut claim of 61 year old nurse fired and replaced by 30 year old with performance problems (3d Cir.), 530
– Cal. Nurses – Minimum nurse-to-student ration, Cal. implementation has little effect on quality of care, study, 224 – Nurse and Health Care Worker Protection Act
– CNA/NNOC, delegates to biennial convention vote to endorse and join new superunion combining with union and Mass. Nurses Ass'n, 1064
– Nat'l Fed. of Nurses, state associations from N.J., N.Y., Ohio, Montana, Or., and Wash. announce new federation, 460 – Pandemic flu, most health care facilities not adequately prepared, survey of union leaders finds, 497
– CNA/NNOC, delegates to biennial convention vote to endorse and join new superunion combining union, UAN, and Mass. Nurses Ass'n, 1064
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