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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
TAX-EXEMPT ORGANIZATIONS
– Attorneys' fees, plaintiff must pay tax on award paid directly to attorney (9th Cir.), In Brief, 258
– Breastfeeding Promotion Act – Employee status, bankruptcy court worker's claims for business expense deductions rejected (T.C.), In Brief, 1164 – Federal – Law – Payroll
See PAYROLL TAXES
– Colleges
– Performance-based pay, stakeholders must be willing to redefine traditional relations and create new collaboration needed to successfully develop and implement, report, 834 – Principals – Unions
See specific unions
– Locals 1560, 1559, and 527, complaint charges unlicensed recruiter cheated and intimidated Filipino teachers, 1126
– Ohio, Cleveland Teachers Union Local 279 signs MOU letting senior teachers to voluntarily transfer out of classrooms to ease budget shortfall, 734 – Pandemic flu, most health care facilities not adequately prepared, survey of union leaders finds, 497 – Proff'l Staff Congress of CUNY, teachers' union may include costs of political activities related to new pact in agency fees but amount charged excessive (2d Cir.), 1258 – W. Va., Kanawaha Cty., school district may not implement random drug testing for safety sensitive jobs where likely to violation 4th Amend. (S.D. W. Va.), 140
– AFL-CIO, 3 more locals announce affiliation, 311
– H1N1 virus, some health care providers mandating vaccinations for nurses, unions recommend protection but oppose mandate, 1201
– Local 695, Wis. bus driver fired after inability to drive after high-risk pregnancy has no disability bias claim where pact barred return (7th Cir.), 18 – Locals 77 and 250, Turnpike workers vote to accept fewer paid holidays in exchange for more paid vacation and no-layoff pledge, 584 – N.Y., Erie Cty., sheriff may implement new inmate classification policy without bargaining but must bargain over impact (N.Y.), 354
– Networks
– AT&T, decision pending on workers' pregnancy bias claims for credits lost under former leave policy (U.S.), 146; no bias in seniority accrual rule that gave women limited service credit for maternity leave (rev), 629
– IRS, effective controls for employee telephone calling cards not set up to identify improper use, weakness same as identified in FY2004, IG says, 369
– Continuity of operations, federal workers unsure of plans in connection with potential flu pandemic, survey shows strong relationship between telework and agency readiness, 582; OPM official focuses on attempt to promote to ensure COOP, 582
– Federal workers, OPM announces plan to jumpstart agency telework programs, 515; OPM report, 2007, 1087 – H1N1 virus, OPM official focuses on attempt to promote to ensure COOP, 601 – Telework Enhancement Act
See TELECOMMUTING
– Continuous service, Army orthodist who took temporary excepted service job with VA may appeal firing during probation (Fed. Cir.), 677
– Race and religious bias, African Am. Muslim denied permanent laundry job or extension after filing charge has claim (3d Cir.), 378 – Retaliation, environmental group says worker appeal for firing after reporting co-workers killing mountain lions will show whether new administration handles complaints differently (MSPB), 730; appointment end stayed while whistleblower claim pending (ALJ), 798 – Seasonal
See SEASONAL WORKERS
– Civil service merit boards, courts may only reverse or modify decision if constitutional or statutory provision violated, outside authority, unlawful procedures, abuse of discretion or insufficient evidence (Tenn.), 355
– Franklin, accord reached with solid waste director who claimed due process violation in firing for viewing pornography on work computer (M.D. Tenn.), 968 – Nashville & Davidson Cty., Tenn. worker fired after disclosing supervisor sexual harassment may pursue retaliation 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 – Nashville, sexual orientation and gender identity added to protected classes for city and county jobs, 1129 – Nepotism, 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 – Shelby Cty., merit board may consider expunged conviction in reviewing firing for failure to disclose on application (Tenn. Ct. App.), In Brief, 1233 – Transp. Dep't, maintenance workers race bias claim for promotion denial reinstated, application no hearsay and prior supervisor bias may have adversely affected record (6th Cir.), 528 – Whistleblowers, bill clarifying retaliatory discharge ban signed, In Brief, 618
– Ala., hearing officers may consider prior discipline when deciding whether to uphold firing (Ala.), 1266
– Limitations period, fire captain's claim for firing after dissolving fire district and creating fire division starts when job ended, public safety officer have constitutional right to job (N.J. Super. Ct. App. Div.), 356 – Race and sex bias, assistant professor established prima facie case of bias in denial but unable to rebut school's explanation (10th Cir.), 349 – Retaliation, probationary Cal. teacher denied permanent job for union activity must pursue educational employment relations claim, not grievance (Cal. Ct. App.), In Brief, 357
See also specific causes for discharges
– Reinstatement, NYC Sanitation Dep't violates civil service law by not reinstating worker fired after arrest but later acquitted (N.Y. Sup. Ct.), 258
– Case Notes, 478
– Certification, dyslexic teacher has no claim for refusal to exempt from aspects of exam, allowing oral answers sufficient accommodation (2d Cir.), 771 – Drugs and alcohol – Entry-level, N.Y. mayor must testify in suit for race bias against Hispanic and black applicants for entry-level jobs, Sotomayor testimony suggests relevant knowledge (E.D.N.Y.), 920 – Federal Career Intern Program, NTEU may pursue challenge to implementing rules (D.D.C.), 857 – Firefighters, Va. city will not use national test to screen applicants after disparate impact found, DOJ accord (E.D. Va.), 375 – Race and national origin bias, admission test for firefighter academy not adequately job-related, had disparate, adverse impact on black and Hispanic applicants (E.D.N.Y.), 951 – Reverse bias
– – Firefighter exams, New Haven civil service board refusal to certify results was race-neutral (U.S., rev grant), 82; discarding results of promotional exams favoring white and Hispanic test takers was intentional race bias (rev), 819; employers need to be careful about selecting workers for RIFs, promotions, and other large scale actions, hiring experts recommended, 880; decision teaches us not to make decisions based on race or to avoid lawsuits, Analysis, 1170; black firefighter charges weighting of oral and written parts of promotion exam has disparate impact on African Americans (D. Conn.), 1220
– – Police promotions, white Ind. police lieutenants may pursue claim where African Am. officers who scored lower on exams got promotions (S.D. Ind.), 875 – – Racial disparities, accord establishing damages allocation process for class of Chicago white firefighters denied lieutenant jobs after test scores altered to address approved (N.D. Ill.), 338 – Vision, applicant for police officer job not certified for color perception failed to prove certifying agency considered disabled (E.D. Pa.), 383
– Case Notes, 935
– Conroe, fire dep't code enforcement officer may pursue sex and national origin bias claims (S.D. Tex.), 293 – Nueces Cty., park worker whose co-workers put dead rats in work van for reporting supervisor child pornography may pursue hostile environment claims but no age and religious bias (S.D. Tex.), 873 – Open Meetings Act, city council members indicted for using e-mail to consider whether to meet to review public contract have greater 1st Amend. protection than other public workers (5th Cir.), 560 – Workforce Comm'n, worker responsible for enforcing bias laws gets damages for firing for complaining about bias against agency staff (Tex. Dist. Ct.), 192
– Privacy and 4th Amend., Cal. city violated police sergeant's rights by reading (9th Cir., en banc rev den), 200
– Automatic enrollment of new federal employees
– Family Smoking Prevention and Tobacco Control Act
– – Automatic agency contributions to TSP accounts, FRTIB issues interim final rule, seeks comments, 729; interim final rule effective with tobacco bill signing, In Brief, 801
– – Bill – FY2010 budget, FRTIB approves, increase due to mandatory improvements in recent legislation, 1086 – Reform, amendments needed but some criticism on default fund, legislative action on surviving spouses and TSP subpoena authority needed, 156; AFGE would like to have automatic enrollment for new workers, 159; efforts to improve include implementing recent laws, modernizing computers, and developing new website, members tell advisory council, 1214; proposed rule updating provisions published, 1216 – RMDs, TSP will make processing changes to comply with PPA amendment suspending, 59 – Stock market downturn, participation rates remain steady and contributions continue to be made despite negative impact, new bills may improve, widen investment options, 334; second month of positive returns in April as legislative changes continue advancing, 607
– Limitations periods
– Breastfeeding Promotion Act
– PDA
See specific types of discrimination
– Family Smoking Prevention and Tobacco Control Act
– Assault, Md. board of education must defend vice principal in claim by student for showing knife in office (Md.), 596
– Case Notes, 1234 – Conversion, nonmembers have no private right to sue for using agency fees for political activities without consent but may sue for restitution (Wash. Ct. App.), 24 – Defamation
See DEFAMATION
See NEGLIGENCE
– Tenure, limitations period for denial that resulting in failure to hike salary governed by Fair Pay Act but no Miss. tort claim (S.D. Miss.), 566 – Workplace bullying, more states considering laws requiring monitoring workplaces to address, Analysis, 116; more common and prevalent than harassment, becoming important HR issue surfacing in courts and legislatures, Analysis, 1043
– Age bias, Navy police officer failed to show disparate treatment in more rigorous program, early retirement request denial not retaliation (11th Cir.), 46
– Compensability of time spent, guidance issued in DOL opinion letters, 310 – Due process, Pa. firefighter put on paid suspension without notice of lack of needed certification has claim (3d Cir.), 16 – Federal agencies, OPM nominee Griffin stresses importance of enhancing, confirmation hearing, 828 – Federal Supervisor Training Act – VA, rehabilitation and jobs program improved by collaborations and more staff but would benefit from strategic approach, GAO report, 160
– BOP, clear policies and procedures for lateral transfers needed, GAO report, 307
– Budget shortfall, Cleveland Teachers Union Local 279 signs MOU letting senior teachers to voluntarily move to tutor or substitute jobs to ease, 734 – Continuous service, Army orthodist who took temporary excepted service job with VA may appeal firing during probation (Fed. Cir.), 677 – Disability benefits, N.J. teacher who resigned after transfer for problems with principal refused has no claim for benefits denial (N.J. Super. Ct.), 51 – Disability bias
– – Classroom with natural light, Wis. teacher with seasonal affective disorder may pursue ADA claim for request denial (7th Cir.), 1125
– – Regarded as disabled, school administrator with arthritis failed to show where teaching job in same broad class of jobs (6th Cir.), 870 – Employee relocations and temporary duty travel, GSA proposes rule on agency expenditure reporting, 1247 – Free speech, Ill. corrections official has no claim for job change where no evidence parole board testimony caused, officials have qualified immunity (7th Cir.), 928; no state law or due process claims for indictment, 1067 – Jury service, D.C. school guidance counselor proved jury service motivated but not only cause (D.D.C.), 1110 – Race bias
– – Firing for arrest or transfer for outbursts and driving accidents, black firefighter failed to show bias (E.D. Pa.), 413
– – Retaliation, hardship transfer for another worker did not breach accord with EEOC Seattle field office worker (EEOC), 1079 – Separate community of interest, civilians reorganized from command unit no longer separate from workers in bargaining unit to which transferred (FLRA), 572 – Sexual harassment, worker reprimanded for treatment of women has no retaliation claim where female infractions not similar (11th Cir.), 379
– Discrimination
– Boston Carmen's Union
See CARMEN'S UNION
– Local 1338, Tex. law immunity from claims for pay and benefits not barred, union must file new grievance for failure to pay (Tex.), 110; Sup. Ct. lets decision stand (U.S., rev den), 718 – Local 1555, Bay Area Rapid Transit Dist. pact attained hours before planned strike, 944; ratified, 999
– Local 234, union strikes SEPTA after pact talks break down, service halted, 1280
– Mass transit
See MASS TRANSIT
– Text messaging, agency to consult with GSA and OPM to provide guidance, LaHood announces other measures to combat distracted driving, 1120
– Appointments and personnel changes, President announces intention to name Southers as head, 1019; Senate panel approves, forwarded to Homeland Security panel, 1248
– Due process and equal protection, unsuccessful airport screener applicant may not challenge decision where ATSA gives administrator discretion (2d Cir.), 405 – Fed. Air Marshals Serv., input from staff sought, recommendations adopted but survey needs redesign due to low response rate, GAO report, 217 – Human capital management, attrition rates declining but documentation of reasons needed, GAO report, 1217 – Overtime, no class claims for failure to pay premium rate for premium shift hours worked (Fed. Cl.), 1108 – RIFs, worker who retired after foreign tour of duty cut short and offered job in lower pay band may get hearing on notice of appeal (MSPB), 659 – Sensitive Security Info. disclosure – Transportation Security Workforce Enhancement Act
– Discrimination
– Employee relocations and temporary duty travel, GSA proposes rule on agency expenditure reporting, 1247
– Federal workers, GSA final rule clarifies cost of meals and incidentals must be deducted from expense allowance where included or otherwise provided, religious and medical exemptions available, 457 – Fraud, waste, and abuse, agencies must do more to ensure travel cards not used improperly by federal workers, CRS report, 859 – IRS, 11 unauthorized instances of first class air travel by IRS staff, improvements needed to better monitor, IG says, 1184 – National Indian Gaming Commission, fringe benefit program allows cash reimbursement to worker who ride bicycles to work, 994 – Per diem rates, FY2010, GSA announces changes, In Brief, 995 – Relocation expenses test programs
– Age, race, and sex bias, worker has no claim for evaluation where not ultimate employment decision, no evidence of harassment or retaliation (5th Cir.), 839
– IRS – Tax Admin., special agent failed to prove anonymous letters to U.S. State Dep't violated Privacy Act (D.D.C.), In Brief, 656 – U.S. Secret Service
See SECRET SERVICE
– CPB, union facial hair proposals nonnegotiable but FLRA improperly authorized rejecting trimming 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
– Fed. Career Intern Program, union may pursue claims that OPM interim rules unlawful, discretion to use program to fill vacancies not determination that exception to competitive process necessary (D.D.C.), 1003 – Federal Career Intern Program, NTEU may pursue challenge to implementing rules (D.D.C.), 857 – Midterm bargaining, CBP must negotiate with union on matters not addressed in existing pact (FLRA), 1197 – Pay, union seeks parity with military in administration's FY2010 pay proposal, other priorities presented at legislative conference, 277 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
