Labor Relations Reporter; News and Background Index

– Case summaries, 196
– Lockheed Martin, IAM pacts attained for 8 facilities, 317
– Lockheed Martin, worker subjected to racial epithets and other harassment gets damages, EEOC accord (D. Haw.), 132
– Pratt & Whitney, IAM Locals 700, 1746, and 1646A pacts ratified, 29; correction, 56
– Vought Aircraft, aircraft components maker to pay back pay to applicants for race and sex bias, OFCCP accord (N.D. Tex.), 467

AFFILIATION OF UNIONS

– Case summaries, 483
– NEA, AFL-CIO issued charters to 6 chapters of Cal. Teachers Ass'n, 341
– UAN, N.Y., Ohio, Or., and Wash. state associations disaffiliating immediately, 99; N.J. nurses disaffiliating, N.Y. nurses unhappy with disaffiliation, suit challenged by members who ran on pro-UAN slate (S.D.N.Y.), Special Report, 259; dispute between SEIU and CNA escalating, SEIU accused of assaulting members, Ohio representation elections canceled after CNA leafletting, 461

AFFIRMATIVE ACTION

See also DIVERSITY
– OFCCP enforcement

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

– Preferences on basis of race and sex, Colo. ballot initiative to go before voters in Nov., would bar public employers from granting, 467

AFL-CIO

– Affiliation

See AFFILIATION OF UNIONS

– Executive Council winter meeting, new economic recovery program urged, political candidates asked to produce policies, 315

AFSCME

See STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)

AFT

See TEACHERS (AFT)

AGE DISCRIMINATION

– Ed. Note: This heading covers state law. For cases involving ADEA or both state and ADEA claims, see AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA).

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Ed. Note: This heading includes federal law and combined state and federal claims. For cases involving only state law claims, see AGE DISCRIMINATION.
– Case summaries, 10; 31; 57; 105; 246; 295; 319; 320; 342; 415; 439
– Charge, whether any document filed with EEOC qualified among issues to be addressed in 2007-8 term (U.S.), Special Report, 211
– Disability retirement, whether Ky. differentiation based on eligibility for normal retirement unlawful among cases to be decided in 2007-8 term, (U.S.), Special Report, 211; case close, outcome unpredictable, Solicitor Gen. supports bias finding, practitioners tell ABA, Special Report, 429
– Disparate impact

– – Burden of proof, workers must prove employer did not rely on reasonable factors other than age (U.S., rev grant), 178; case among issues to be addressed in 2007-8 term, Special Report, 211; justices dislike ADEA, likely to find inadequate evidence of bias regardless of who has burden, practitioners tell ABA, Special Report, 429

– – – Analyzing claims, EEOC proposed changes to rules, 416

– Fair Pay Restoration Act

See LEGISLATION, FEDERAL, S 1843

– Future, demographic changes and economic shifts may impact, 40th anniversary conference speakers say, Special Report, 45
– Hiring

– – Adverse impact on older workers, ALJ improperly dismissed claims by air traffic controllers for recruitment policies (EEOC), 133
– – Job referrals, accord with staffing firm that denied to applicants who are black or over 40 and those retaliation against for objecting approve (N.D. Ind.), 489

– Retaliation

– – Demotion, loss of pay, and other adverse actions, dean claiming demotion, loss of pay, and other adverse actions for complaints gets damages and new contract in accord (M.D. Fla.), 225
– – Lost hours, Congressional intent to protect among issues to be addressed in current term (U.S.), Special Report, 211; whether federal workers can bring retaliation claims gives Court chance to study increasing significance, 274; justices likely to rule no implied individual right to sue, practitioner tells ABA, Special Report, 429

– Retiree health benefits, EEOC issues final rule creating exemption letting plans change, cut, or end when recipient eligible for Medicare, 106; EEOC had power to issue exemption letting plans coordinate benefits (U.S., rev den), Special Report, 404
– RIFs, admissibility of testimony from other RIF'd workers who reported to other supervisors addressed (U.S., oral arg), 31; case among issues to be addressed in 2007-8 term, Special Report, 211; no rule on admissibility of age-related remarks to other workers, requires context-specific inquiry (dec), 295; decision anticlimactic, little guidance on admissibility of evidence offered, practitioners tell ABA, Special Report, 429
– Waivers, mandatory arbitration clause in SEIU pact unenforceable to waive right to sue for bias (U.S., rev grant), 284; case could be most significant in 2008-9 term, practitioners tell ABA, Special Report, 429

AGENCY

– Case summaries, 223; 243

AGENCY FEES

– Freedom of speech and association, no 1st Amend violation in charging nonmembers for expenses of representation activities by union parent (U.S., rev grant), 284

AGRICULTURE

– Case summaries, 40; 196; 299
– Mosaic Fertilizer, UFCW Local 1625 pact ratified, 9

AIDS AND HIV

– Case summaries, 423

AIR FREIGHT INDUSTRY

See DELIVERY SERVICES

AIR LINE PILOTS (ALPA)

See also AIR TRANSPORTATION
– Case summaries, 315

AIR TRAFFIC CONTROLLERS

See FEDERAL EMPLOYEES

AIR TRANSPORTATION

– Airport screeners

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

– Am. Airlines, DOJ accord for USERRA violations in restricting leave accrual for pilots on military service (N.D. Tex.), 484
– Aviation security pilot project

See LEGISLATION, FEDERAL, HR 1614

– Case summaries, 155; 156; 209; 315; 363
– Fair Treatment for Experienced Pilots Act

See LEGISLATION, FEDERAL, HR 4343

– Freight

See DELIVERY SERVICES

– Southwest Airlines, firing flight attendant suspected of drinking during flight improper, no symptoms of intoxication and no confirming test (Arb.), 210
– United Airlines, mechanics oust AMFA, seek representation by IBT, 411

AIRCRAFT MECHANICS (AMFA)

– United Airlines, mechanics oust union, seek representation by IBT, 411

AIRPORT SCREENERS

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

AIRPORTS

See AIR TRANSPORTATION

ALASKA

– Case summaries, 27; 209

ALCOHOL ABUSE

See DRUG AND ALCOHOL ABUSE

ALIENS

– Documentation

See UNDOCUMENTED WORKERS

ALPA

See AIR LINE PILOTS (ALPA)

ALTER EGOS

– Case summaries, 251

ALTERNATIVE DISPUTE RESOLUTION (ADR)

– Arbitration

See ARBITRATION; MANDATORY ARBITRATION
– – Arbitration Fairness Act

See LEGISLATION, FEDERAL, S 1782

– Due process, ABA panel leaders discuss updating or revising protocol for mediation and arbitration, 270

AMERICAN BAR ASSOCIATION (ABA)

– Meetings

See CONFERENCES AND MEETINGS

AMERICAN INDIANS

See NATIVE AMERICANS

AMERICANS WITH DISABILITIES ACT (ADA)

– Ed. Note: This heading includes federal and combined federal and state law claims. For cases involving state law claims only, see DISABLED EMPLOYEES.
– Accommodation

– – Reassignment, worker not entitled to vacant equivalent job where Wal-Mart policy required most qualified candidates (U.S., rev grant), 83
– – Substantial limit on major life activity, asthmatic police officer affected by cologne has no claim where no breathing limits, EEOC opinion letter, 35

– ADA Restoration Act

See LEGISLATION, FEDERAL, HR 3195, S 1881

– Case handling, EEOC eliminating rules permitting dismissal when charging party cannot be located, fails to cooperate, or fails to accept full remedy, 180
– Case summaries, 83; 83; 152; 152; 202; 202; 202; 249; 249; 297; 297; 297; 346; 346; 395; 395; 441; 441; 491
– Disability, definition is most active legal issue, may courts taking hard line against finding substantial limit on major life activity, EEOC official says, 442
– Rehabilitation Act

See REHABILITATION ACT

– Service-connected disabilities, EEOC posts data on veterans' protections on Web site, 349

AMFA

See AIRCRAFT MECHANICS (AMFA)

AMUSEMENT BUSINESSES

– Case summaries, 251

ANALYSIS AND PERSPECTIVE

– E-mail, no ULP where newspaper policy barred use for non-job-related solicitation (NLRB), 163
– Racial harassment, sufficient evidence supported jury verdict that firing black man for refusing to sign arbitration pact was retaliation (11th Cir.), 235

ANNUAL LEAVE

– Case summaries, 198
– Pay

See VACATION PAY

– USERRA, Am. Airlines accord resolves claim for restricting pilot rights during military service (N.D. Tex.), 484

ANTITRUST

– ULP, NLRB issues guidance after decision that bringing reasonable but unsuccessful suit lawful even if retaliation for protected activity, 126

APPAREL AND GARMENT INDUSTRY

– Am. Power Source, laid-off workers have no WARN Act claim against uniform maker, complaint filed 14 months after layoff untimely (N.D. Miss.), 15
– Case summaries, 373; 415; 470

APPEARANCE STANDARDS

See DRESS CODES AND GROOMING

APPLICANTS FOR EMPLOYMENT

See HIRING

APPLICATIONS FOR EMPLOYMENT

– Case summaries, 228

APPRENTICES

– Case summaries, 243
– Race bias, black men excluded from Ford apprenticeship program get damages, EEOC accord, 107

ARBITRATION

See also GRIEVANCE SETTLEMENTS
– Arbitration Fairness Act

See LEGISLATION, FEDERAL, S 1782

– Cal., whether arbitrator may determine applicability of law granting Labor Comm'r exclusive jurisdiction among issues to be addressed in 2007-8 term (U.S.), Special Report, 211; Fed. Arb. Act preempts state law (dec), 326
– Case summaries, 37; 99; 123; 228; 251; 279; 291; 459; 483
– Federal Arbitration Act

See ARBITRATION

– FMLA, complaint signed by union official after worker fired for submitting falsified doctor's certificate arbitrable (Arb.), 118
– Recognition, clause in Ill. Bell Telephone pact could trigger arbitration (U.S., rev den), Special Report, 381
– Sexual assault, waitress's suit for rape by supervisor not covered by job application clause (U.S., rev den), Special Report, 381

ARKANSAS

– Case summaries, 219

ARMED SERVICES

– Civilian employees

See FEDERAL EMPLOYEES

– Line-of-duty injuries, OFCCP proposes rule on leave for family members, 418
– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

ASSESSMENTS, UNION

See AGENCY FEES

ASSIGNMENTS

See WORK ASSIGNMENTS

ASTHMA

– Accommodation, police officer affected by cologne has no claim where breathing not limited, EEOC opinion letter, 35

AT-WILL EMPLOYMENT

See EMPLOYMENT-AT-WILL

ATTENDANCE

– Absenteeism, unilaterally revising rules on vacations and sick leave without bargaining justified, discipline warranted (Arb.), 380
– Case summaries, 83
– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

ATTORNEYS

– Case summaries, 228; 295

AUTO WORKERS (UAW)

– Case summaries, 27; 219; 411
– Membership drops from previous year, lowest since 1941, restructuring in auto plants cited, annual report, 412
– Region 9A, Tribal Nation files objection claiming election improper where casino outside NLRB jurisdiction (NLRB), 28; certification of election by dealers should be upheld, NLRA gives jurisdiction over Native Am. owned casino (NLRB ALJ), 374; accord reached, casino agreed to post notices and bargain, 413
– 2008 Legislative Conf., McCaskill (D-Mo) says she will oppose Battista nomination as NLRB chair, 222

AUTOMOTIVE INDUSTRY

– Borg-Warner, IBT Local 317 wins runoff election against IAM Local 2001, 55
– Case summaries, 27; 176; 272; 342; 411; 493
– Ford, black men excluded from apprenticeship program get damages, EEOC accord, 107
– Gunite, FMLA complaint signed by union official after worker fired for submitting falsified doctor's certificate arbitrable (Arb.), 118
– Parts retailers

See RETAIL INDUSTRY

LAW ENFORCEMENT EMPLOYEES

– Disability bias, no duty to accommodate asthmatic officer affected by cologne where breathing not limited, EEOC opinion letter, 35

AWARDS

– Freedom Initiative Award, nominations sought, 206