Workplace Law Report Index-Summary

RACIAL DISCRIMINATION

– Bellevue Med. Ctr., claimant charging vast conspiracy fails to state Title VII claim (S.D.N.Y.), 1183
– Civil Rights Act of 1866, §1981

– – Hiring, diversity goal may be circumstantial proof, §1981 claim revived for white applicant rejected in favor of less qualified black candidate (5th Cir.), 497
– – Iranian national's claim that failed to allege race bias revived, race, nationality, ethnicity not synonymous under §1981 (7th Cir.), 432
– – Retaliation, whether §1981 includes cause of action debated (U.S., oral arg), 238; claim viable, right to sue implied (aff), 713; text, 738

– Disparate impact, employer status, NYC teacher candidates may sue city for imposition of certification requirements, but not state (U.S., rev den), 916
– Disparate treatment

– – BCI Coca-Cola Bottling, $250K, training settles EEOC claim based on cat's paw theory of liability (D.N.M.), 564
– – “Cantankerous” female police officer shows bias in discipline, retaliatory firing (W.D. Tenn.), 561
– – City employee fired for setting off firecracker at work awarded $120K (E.D. Tenn.), 43
– – Firing for perceived sexual harassment lawfully based on employer's reasonable belief, prima facie proof immaterial (D.C. Cir.), 466

– DLA Piper, insubordination justified firing of associate attorney, motivation non-biased (S.D.N.Y.), 209
– Exhaustion, right-to-sue letter from Cal. agency sufficient basis for suit where plaintiff lacks but is entitled to have EEOC letter (9th Cir.), 435
– Federal Express (FedEx), analysis of similarly situated employees “exceedingly narrow,” firing claims revived (6th Cir.), 363
– FRCP Rule 23(f), limitations, when class certification denied, 10-day statutory window opens for filing appeal, motion for reconsideration does not toll (3d Cir.), 601
– Hiring preferences, time-barred claims against city accrued with notice of rejection, not suspicion of discriminatory intent (9th Cir.), 1156
– Interracial relationship

– – Association bias actionable under Title VII where race-based, claim revived for coach fired due to interracial marriage (2d Cir.), 463
– – Manager who dated, married hourly worker violated nonfraternalization policy, lawfully fired (7th Cir.), 630

– Jihad queries not stray remarks, highly qualified Yemeni Muslim rejected for telecom job may sue (W.D. Wash.), 436
– Medical review, state law privilege protecting physician performance assessments does not apply in federal job bias cases (U.S., rev den), 61
– Pay bias class claims, standing, time bar affirmed (9th Cir.), 368
– Promotions, attorneys' fees far exceeding $30K won by white claimant affirmed, no abuse of discretion (U.S., rev den), 918
– Restaurant owner's negative comments about headscarf on Muslim waitress direct evidence, Title VII, constructive discharge claims advance (E.D. Wash.), 1162
– Retaliation

– – Black pharmacist fired after objecting to supervisor's 'slave driver' screen saver may sue (S.D. Ala.), 433
– – EEOC enforcement FY2007, private-sector charges up 9 percent, race bias, retaliation claims most common, 348
– – Pleading, FRCP Rule 8(a), dismissal with prejudice of overly long complaint was abuse of discretion, claims revived (9th Cir.), 998
– – Police officers harassed for opposing racist treatment of colleagues win $10M jury award (E.D. Pa.), 690

– “Same actor” evidence afforded no extra weight, damages upheld, punitive award reinstated (Cal. Ct. App.), 628
– SMWIA Local 28, underemployment, $6.2M settles EEOC claims on behalf of black, Hispanic workers, consent decree (S.D.N.Y.), 117
– Title change, denial of discretionary bonus, larger raise not materially adverse actions, claim rejected (7th Cir.), 498
– Xerox, assignment of sales territories and customer accounts, $12M class settlement preliminarily approved (E.D.N.Y.), 529

RACIAL HARASSMENT

– Constructive discharge claims rejected, threats and slurs at gunpoint ruled anger, not bias (3d Cir.), 530
– Emotional distress, negligent retention, $2M judgment against restaurant employer vacated due to flawed jury instruction (11th Cir.), 403
– Epithets, graffiti, noose, trucking firm liable for failure to prevent or control, maximum damages upheld (6th Cir.), 686
– Hostile environment, black, bisexual plastic surgeons' claim against hospital rejected, other claims foreclosed (9th Cir.), 248
– Hostile environment, rehearing granted on plastic surgeons' claim against hospital (9th Cir.), 1054
– Retaliation

– – Bagby Elevator, hostile environment, $550K jury award upheld for elevator maintenance worker subjected to epithets, taunts, threats (11th Cir.), 115
– – Lockheed Martin proposes record $2.5M to settle EEOC suit, consent decree (D. Hawaii), 13
– – USDA, black manager's conduct not severe or pervasive, white employees' hostile environment claims properly rejected (8th Cir.), 996

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– ABX Air, illegal hiring to depress wages, enterprise claim may proceed against executives, but not against firm and parent DHL Express (S.D. Ohio), 476
– INA, illegal hiring, county fails to show property interest in related health care, law enforcement expenditures, lacks standing to sue (9th Cir.), 440
– Kickbacks, embezzlement, mail fraud convictions affirmed for former NFOPAPE president and secretary (U.S., rev den), 918
– Signal Intl., Indian guestworkers sue shipyard alleging fraud, forced labor, human trafficking (E.D. La.), 410
– Smithfield Foods, UFCW, allies must defend charges of extortion in Tar Heel, N.C. recognition campaign, dismissal bid rejected (E.D. Va.), 775
– Tyson Foods, class claims dismissed, no evidence that illegal hiring depressed wages (E.D. Tenn.), 253

RACKETEERING

– DOL OIG's semiannual report to Congress, overview, 808

RAILROADS

– Burlington N. Santa Fe R.R., FELA, company retaliated against mechanic who reported work-related injury, verdict affirmed (10th Cir.), 1033
– Burlington N. Santa Fe R.R., STB governs transfer of switching work under trackage rights pact, RLA challenge properly dismissed (9th Cir.), 844
– CSX Transp., RLA, provision in FMLA allowing substitution of paid leave does not override pre-existing pacts requiring bargaining over leave policy changes (U.S., rev den), 97
– Natl. RR Passenger (Amtrak), ERISA, voluntary early retirement plan (VERP) supplement excluded from qualified “retirement-type” subsidies, cutbacks lawful (D.D.C.), 910
– Norfolk Southern Rwy., asbestos liability, “procedural” nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., brief sought), 854
– Return-to-work and follow-up drug testing, DOT rule expands use of observed urination for safety-sensitive positions, 1036; rule delayed, 1195
– RLA, representation cases, union elections criteria, NMB proposes procedural changes affecting railroad employees, 1037

RAILWAY LABOR ACT (RLA)

– ABX, DHL, ALPA secondary boycott ruling overturned, NLRB lacked jurisdiction over RLA-governed dispute (9th Cir.), 665
– Burlington N. Santa Fe R.R., STB governs transfer of switching work under trackage rights pact, RLA challenge properly dismissed (9th Cir.), 844
– CSX Transp., FMLA provision allowing substitution of paid leave does not override pre-existing pacts requiring bargaining over leave policy changes (U.S., rev den), 97
– ERISA, fiduciary breach, airline workers' claims subject to mandatory arbitration under RLA where pension plan at issue maintained pursuant to CBA (8th Cir.), 298
– First-contract bargaining, air carrier's unilateral changes to pilot's terms and conditions no RLA violation, status quo not required (9th Cir.), 375
– Flight attendant's bias claims not a “minor dispute,” no preclusion where attendance provisions in CBA referenced but not interpreted (5th Cir.), 1029
– Representation cases, union elections criteria, NMB proposes procedural changes affecting railroad, airline employees, 1037

REAL ESTATE

– Brandywine Realty Trust, ERISA, constructively discharged employee may sue for severance (N.D. Cal.), 539
– Windermere Real Estate/ Wall St., arbitration pact limiting pool of arbitrators to franchisee's employees violates neutrality, unenforceable (Wash. Ct. App.), 215
– W&M Props., anti-union animus, refusal to hire IUOE engineers was ULP, NLRB upheld (D.C. Cir.), 214

RECOGNITION OF UNION

– B.A. Mullican Lumber & Mfg., recognition legally withdrawn, statements, letter objective proof of majority-backed ouster (4th Cir.), 1056
– Card check recognition

– – Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 800, S 1041

– – Hawaii governor vetoes option for agriculture, small business workers, lawmakers consider override, 550

– HQM of Bayside, nursing home illegally withdrew recognition without majority support, ordered to recognize, bargain (4th Cir.), 377
– Performance management plan implementation potential pact breach, IBEW recognition clause triggers arbitration (U.S., rev den), 416
– Withdrawal of recognition the day after pact expired was ULP where union produced evidence of majority support before expiration (D.C. Cir.), 533

RECORDKEEPING

– Employee selection procedures (UGESP), EEOC votes to seek White House approval on extension of guidelines' rules, Internet concerns aired, 413; comment sought on request to OMB to renew UGESP without change, 444
– FLSA violations, minimum wage, seasonal farmworkers denied certification for FLSA collective or AWPA class claims (W.D. Mich.), 8

RECRUITING

– Bernard Hodes Grp., business expenses, N.Y. wage deduction limit applies to executives as well as nonmanagement workers (N.Y.), 796
– Intrax, overtime, lifeguards working under J-1 visas subject to amusement and recreational exemption, claims against employer, staffing firm rejected (D.D.C.), 1050
– Spherion, ERISA, “other appropriate equitable relief” does not include payment of life insurance benefits denied due to breach of fiduciary duty (U.S., brief sought), 349; review urged (U.S., brief filed), 736; (U.S., rev den), 944

REDUCTIONS IN FORCE (RIFs)

– ADEA, admissibility of “me too” testimony from other employees depends on fact-intensive, context-specific inquiry (U.S., vac and rem), 281; text, 306
– SOX, funeral home employees lacked reasonable belief in reported shareholder fraud, RIF firings unprotected (5th Cir.), 155

REFERENCES AND INFORMATION CHECKING

– Settlement terms required minimal job references, disclosure of bias suit possible breach, suit revived (7th Cir.), 1003

REHABILITATION ACT

– Court security officer with partial hearing loss failed to establish regarded-as claim, localizing sound not major life activity (U.S., rev den), 59
– EEOC to revamp internal complaint process, replace “handicap” with “disability,” 256
– Essential functions, conditional job offer unlawfully rescinded where no individualized assessment of HIV impairment (EEOC), 117
– Fair Pay Act

See LEGISLATION, FEDERAL, S 2945

– Foreign Service applicant showed withdrawal of eligibility was based on “record of” impairment substantially limiting major life activity, claim revived (D.D.C.), 1026
– Medical inquiry, rule conditioning sick leave on submission of doctor's note to supervisor triggers ADA analysis, preliminary injunction (S.D. Ohio), 963
– Salvation Army, hiring claim revived for driver applicant taking psychotropic drugs, “record of impairment,” medical inquiry at issue (6th Cir.), 932
– Sleeping major life activity, claim revived for FBI employee with PTSD dropped as special agent candidate (D.C. Cir.), 961
– USPS mail handler's dust allergy was a temporary condition triggered by work environment, not a disability subject to permanent accommodation (7th Cir.), 499

RELIGIOUS DISCRIMINATION

– Backlash, Muslim rental agent called “Taliban,” “towel head” in wake of 9/11 and sniper attacks showed severe or pervasive harassment, claim revived (4th Cir.), 495
– Bellevue Med. Ctr., claimant charging vast conspiracy fails to state Title VII claim (S.D.N.Y.), 1183
– Contraception, Wash. rule barring pharmacists from refusing to dispense “morning after” pill temporarily enjoined, stay pending appeal denied (9th Cir.), 627
– “Cryptic” comment not proof of harassment, but pagan's firing claim may proceed (D. Ariz.), 718
– Evidence, tapes documenting that rehire conditioned on rejoining FLDS church admissible despite family ties, claim revived (10th Cir.), 687
– Fellowship of Friends members allegedly favored for advancement, Kelly Servs. will appeal ruling favoring non-member denied promotion (E.D. Cal.), 531; jury verdict upheld but punitive damages nine times compensatory award reduced (E.D. Cal.), 1086
– Firestone Fibers and Textiles, accommodation reasonable, further time off for Sabbath, holiday observances cause undue hardship (4th Cir.), 205
– Free exercise, Jewish police officer has right to wear beard, but not yarmulke (D. Nev.), 1160
– Jewish community center primarily a religious organization, exempt from Christian bookkeeper's firing claim (U.S., rev den), 578
– Jihad queries not stray remarks, highly qualified Yemeni Muslim rejected for telecom job may sue (W.D. Wash.), 436
– Mass. Bay Transp. Auth., failure to hire without attempt to accommodate Sabbath observance unlawful (Mass.), 47
– N.J. accommodation law enacted, 99
– Norwegian Cruise Line (NCL), EEOC may sue employer over fired Muslim crew members, but not holding company (D. Haw.), 247
– Restaurant owner's negative comments about headscarf on Muslim waitress direct evidence, Title VII, constructive discharge claims advance (E.D. Wash.), 1162
– Title VII, EEOC adopts compliance guidance, overview, 1021
– UPS, accommodation standard requires bilateral cooperation, not elimination of conflict, damages upheld despite improper jury instruction (8th Cir.), 81
– Wiccan Starbucks barista fired for refusal to conceal pendant entitled to jury trial on retaliation (D. Ore.), 243
– Workplace Religious Freedom Act

See LEGISLATION, FEDERAL, HR 1431

RELIGIOUS ORGANIZATIONS

– Faith-based employers should not mandate religious service attendance, ABA panelists offer policy tips, 547
– FLSA ministerial exception, rebuttable presumption exists under internal affairs doctrine that ministers, clerics not covered (7th Cir.), 331
– Lancaster Jewish Community Center, primary purpose religious despite secular activities, exempt from Title VII claim (U.S., rev den), 578
– Religious Worker Visa Extension Act

See LEGISLATION, FEDERAL, HR 5570

REPRESENTATION ELECTIONS

– Decertification

See DECERTIFICATION

– FreshDirect, interference, rejected unions claim ICE audit during election intimidated workers, Special Report, 128
– Trump Plaza Atlantic City, clean win declared, UAW certified to represent dealers (NLRB), 777

RES JUDICATA

– Fraud and false inducement, state law claims may proceed to jury, administrative hearing on related wage claims no bar (Cal. Ct. App.), 189
– Wrongful discharge, question of whether DOL's unreviewed dismissal of AIR 21 retaliation claim precludes state law claim certified to Cal. high court (9th Cir.), 539

RESIDENTIAL CARE

– Jasmine Hall Care Homes, overtime, live-in workers who share bedrooms with other workers not exempt under FLSA (E.D. Cal.), 78

RESTRICTIVE COVENANTS

– Noncompetition

See NONCOMPETE AGREEMENTS

RETAIL AND WHOLESALE WORKERS (RWDSU)

– Clothes changing, absent custom, practice under pact, no FLSA duty to pay poultry workers for time spent donning, doffing safety gear (U.S., rev den), 811

RETAIL INDUSTRY

– Circuit City, mandatory arbitration, Cal. statutory right to sue for overtime unwaivable, class action ban unenforceable where significantly more effective in vindicating rights (U.S., rev den), 470
– Dollar Bill's Stores, retaliatory discharge, claimant fired for reporting illegal acts by co-worker relating to employer's business may sue, but individual liability rejected (Miss.), 1034
– Dollar General, FMLA retaliation, verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (6th Cir.), 1149
– Family Dollar Stores, overtime, showing that management altered time records negates need to show specific days and hours, claim revived (7th Cir.), 994
– FLSA, sellers of novelties at special store events exempt outside salespersons, Wage and Hour Op. Letter, 1096; text, 1099
– Home Depot, ERISA, fiduciary breach claim revived for former employees seeking benefits, not damages (11th Cir.), 1092
– Ore. Entm't d/b/a Fantasy Adult Video, manager's wrongful discharge claim based on reasonable belief in ergonomics violations may proceed, but not claim based sexual activity, HIV transmission risk (D. Ore.), 399
– Prada USA, Iranian national's firing claim that failed to allege race bias revived, race, nationality, ethnicity not synonymous under §1981 (7th Cir.), 432
– Salmon Run Shopping Center, mall owner lawfully denied UBC right to distribute literature to general public criticizing tenant's use of nonunion labor, content, context unprotected (2d Cir.), 1031
– Staples, “for cause,” employee fired for padding travel, expense reports forefeited right to exercise stock options (1st Cir.), 1194
– Sterling Jewelers, sex bias in pay, promotions, arbitrator to decide threshhold procedural issues in pattern or practice class action (S.D.N.Y.), 1028
– Wal-Mart Stores

– – ADA

– – – Disabled job candidate not the most qualified, accommodation claim rejected (U.S., dismissed following settlement), 95
– – – Greeter job, $300K settles EEOC claims on behalf of rejected applicant with cerebral palsy (W.D. Mo.), 602
– – – Regarded as disabled, transferred pharmacy aide's $900K award affirmed (2d Cir.), 960
– – – Sex offender registration not a disability, firing of store manager under new policy not bias (S.D. Texas), 1087

– – California

– – – Earned wages, accrued leave, final payments withheld from fired workers, class certified (N.D. Cal.), 335
– – – Wage and hour claims, bid for class certification revived where claims for monetary relief nonincidental (9th Cir.), 600

– – Off-the-clock work, breaks violations, class claimants win $6.5M in compensatory damages for state law claims (Minn. Dist. Ct.), 927
– – Sexual harassment, bias action based on offensive supervisor conduct revived, but constructive discharge, retaliation rejected (5th Cir.), 1000
– – SOX, whistleblower who refused to shred documents sought in DOJ criminal probe may sue for retaliation (W.D. Ark.), 191
– – Title VII retaliation, failure to hire, children of bias claimant not protected, but employee's claim based on same facts advances (D.N.M.), 1055

– White Cap Indus., breaks, meal and rest, drivers' Cal. class certified (Cal. Sup. Ct.), 78
– Wickes Furniture, sexual harassment, hostile environment, prompt remedial action on incidents employer had notice of triggers dismissal (8th Cir.), 292
– X-Treem Vibe, wage and hour violations, N.Y. attorney general announces $1.4M settlement with retailer (N.Y. Sup. Ct.), 207

RETAIL, WHOLESALE, AND DEPARTMENT STORE UNION (RWDSU)

– X-Treem Vibe, wage and hour violations, N.Y. attorney general announces $1.4M settlement with retailer, union's community projects discussed (N.Y. Sup. Ct.), 207

RETALIATION

– ADA, presence, interaction essential, 3-day “limit” not substantial limitation for agoraphobic worker who rejected transfer (3d Cir.), 907
– ADEA

– – Federal employees, availability of cause of action at issue (U.S., oral arg), 237; protection same as private sector, postal worker harassed after bias complaint has viable claim (rev), 731; text, 748
– – Layoff immediately following filing of claim could establish prima facie case (6th Cir.), 185

– Age bias, investigation showed absentee hospital registrar lawfully suspended despite supervisor's alleged animus, reversed (D.C.), 1052
– Disability bias, Conn. law requires reasonable accommodation, interactive process, claims revived (Conn.), 580
– EEOC enforcement FY2007, private-sector charges up 9 percent, race bias, retaliation claims most common, 348
– EPA, disclosure of private data to attorneys not protected where irrelevant to discovery, firing lawful under 6-factor test (6th Cir.), 903
– ERISA, interference, discharge after disability lawsuit not shown to be pretext for retaliation (8th Cir.), 538
– ERISA, software engineer's claim that Cal. bias suit triggered benefits denial preempted (N.D. Cal.), 1167
– Federal sector complaints, proposed changes to EEOC case handling rules approved for review by other agencies, 780
– FLSA

– – Claim revived where former employer sued for fraud, breach of contract in response to overtime suit (4th Cir.), 182
– – Documentation required, informal complaints covered by FLSA only if written and “filed” with employer (W.D. Wis.), 901
– – Temporal proximity lacking, opt-in plaintiff failed to link protected activity to termination seven months later (11th Cir.), 180
– – Violations, informal, internal complaints protected, but not remarks made in management role (5th Cir.), 769

– FMLA

– – Associational bias, support for wife's claim against same employer not protected, retaliation claim properly dismissed (5th Cir.), 795
– – Bookkeeper demoted during intermittent leave to care for mother gets claim partially revived (7th Cir.), 621
– – Intended purpose, fired auto worker's claim survives video of him building porch while on approved leave (S.D. Ohio), 837
– – Reinstatement, tuition reimbursement denied after leave, claims revived (7th Cir.), 113
– – Verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (6th Cir.), 1149

– Freedom of speech

– – Ferries engineer not required to report management corruption as part of job duties, speech protected under 1st Amend. (9th Cir.), 84
– – Mixed speech, university computer auditor's complaints made as citizen may be protected if matter of public concern, analysis required, remanded (5th Cir.), 295
– – Public vs. private speech, police officer's speech maligning department, slamming minorities and homeless not protected (U.S., rev den), 733
– – University worker lawfully fired for e-mailing inaccurate pay restructuring data received from NAACP (4th Cir.), 633

– Race bias

– – Civil Rights Act of 1866, whether §1981 includes retaliation cause of action debated (U.S., oral arg), 238; claim viable, right to sue implied (aff), 713; text, 738
– – Police officers harassed for opposing racist treatment of colleagues win $10M jury award (E.D. Pa.), 690

– Race bias, dismissal with prejudice of overly long complaint was abuse of discretion, claims revived (9th Cir.), 998
– Racial harassment

– – Bagby Elevator, $550K jury award upheld for elevator maintenance worker fired for refusing to arbitrate claim (11th Cir.), 115
– – Lockheed Martin proposes record $2.5M to settle EEOC suit, consent decree (D. Hawaii), 13
– – USDA, black manager's conduct not severe or pervasive, white employees' hostile environment claims properly rejected (8th Cir.), 996

– Religious bias, employer's “cryptic” comment not proof of harassment, but Pagan's firing claim may proceed (D. Ariz.), 718
– Sex and national origin bias, defense contractor's computer specialist fired after making complaints failed to show pretext, retaliation (D. Md.), 1153
– Sex bias

– – Business judgment triggered firing over phone and internet use, bias claims rejected (7th Cir.), 122
– – “Cantankerous” female police officer shows bias in discipline, firing (W.D. Tenn.), 561
– – Punitive damages, bank executive properly won verdict, but excessive punitive award reduced under NYC law (S.D.N.Y.), 210
– – Title VII shields relatives, associates of persons engaging in protected activity, fired fiance's claim revived (6th Cir.), 467

– Sexual harassment

– – Complainant's car set on fire, employer potentially liable for acts of co-worker, Ohio claim revived (6th Cir.), 245
– – Court worker's claim survives despite discharge prior to reporting on judge's penis exposure, masturbation during trial (N.D. Okla.), 431
– – “Love contracts” between co-workers in consensual relationship may curb litigation, Analysis & Perspective, 223
– – Scope, revealing incidents during HR probe not protected activity under Title VII (U.S., rev grant), 134
– – Secretary transferred after objecting to supervisor staring raised viable hostile environment claim, revived (1st Cir.), 212

– Tenn., SOX whistleblower complaint dismissed, but ADA, state law retaliation claims may proceed (E.D. Tenn.), 541
– Title VII

– – Associational bias, en banc rehearing ordered (6th Cir.), In Brief, 1089
– – Scope, failure to hire, children of bias claimant not protected, but employee's claim based on same facts advances (D.N.M.), 1055

– Title VII, CBA clause requiring state employees to choose between grievance arbitration and administrative, judicial remedies no violation (2d Cir.), 957
– Whistleblowing

See WHISTLEBLOWERS
– – AIR 21

See AVIATION INVESTMENT AND REFORM ACT (AIR 21)

– – FCA

See FALSE CLAIMS ACT (FCA)

– – SOX

See SARBANES-OXLEY ACT (SOX)

– – STAA

See SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

– – WPA

See WHISTLEBLOWER PROTECTION ACT (WPA)

– Workers' compensation

See WORKERS' COMPENSATION

RETIREE HEALTH BENEFITS

– ADEA

– – EEOC exemption allowing employer plans to coordinate benefits with Medicare upheld (U.S., rev den), 449
– – Exemption tied to Medicare eligibility, EEOC issues final rule, 24

– Caterpillar, ERISA, NLRA, third party claim that UAW was partly liable for unlawful cuts rejected (M.D. Texas), 668
– Emergency Retiree Health Loan Guarantee Board, establishment

See LEGISLATION, FEDERAL, HR 6143

– ERISA, Continental Tire, $158M to VEBA settles retirees' claims over vested contributions (N.D. Ohio), 571
– PolyOne, formerly B.F. Goodrich, benefits vested where linked in CBA to eligibility for pension benefits, LMRA claim revived (6th Cir.), 408
– ULPs, benefits for future retirees may not be modified without giving union opportunity to bargain (D.C. Cir.), 631

RETIREMENT

– Early

See EARLY RETIREMENT

– ERISA

See ERISA

REVERSE DISCRIMINATION

– Gender, familial status not a protected classification, invalid basis for fired family's bias claim (10th Cir.), 183

RHODE ISLAND

– State actions summary, 229; 384; 703; 1066; 1200

RIGHT TO WORK

– Colo., business initiative certified for ballot, In Brief, 643; union-backed measures approved by Title Board, 677
– NRTW Found., agency fees, expense pooling, public employees union did not violate 1st Amend. by charging nonmembers fees for extra-unit litigation costs (U.S., rev grant), 261

RLA

See RAILWAY LABOR ACT (RLA)