Daily Labor Report® Index-Summary

– – ERISA fiduciary breach, excessive 401(k) fees imprudent, class certified (S.D. Ill.), 192:A–4 (10/3/08)
– – IAM Seattle strike enters second month with no talks, 193:A–12 (10/6/08); talks to resume, 197:A–9 (10/10/08); talks break down over job security, 199:A–6 (10/15/08); FMCS director summons parties to resume talks, 203:A–12 (10/21/08); strike continues, 208:A–10 (10/28/08); vote set on tentative pact, 209:AA–1 (10/29/08)
– – SPEAA bargaining scheduled, 193:A–12 (10/6/08); talks underway in midst of IAM strike, 208:A–10 (10/28/08)

AFA

See FLIGHT ATTENDANTS (AFA)

AFL-CIO

– Colo. labor groups drop 4 ballot measures in exchange for business opposition to 3 anti-union initiatives, 192:A–3 (10/3/08)

AFSCME

See STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)

AGE DISCRIMINATION

– Conn., statute of limitations on state law administrative bias complaint runs from last day worked, not from notice of firing as in federal rule, suit revived (Conn.), 208:A–5 (10/28/08)

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Bank branch manager fired for fraudulently “gaming” incentive program failed to show pretext (3d Cir.), 202:A–2 (10/20/08)
– Dell, former HR managers file class action (N.D. Cal.), 211:A–1 (10/31/08)
– Editor fired at age 62 raises jury issue based on e-mails showing “business reasons” pretext (S.D.N.Y.), 195:A–7 (10/8/08)
– Hospital workers fired for confidentiality breach fail to show pretext or disparate impact, treatment (6th Cir.), 209:A–3 (10/29/08)
– Laid-off worker denied recall rights wins jury verdict, city settles claim prior to oral argument on appeal (7th Cir.), 192:A–4 (10/3/08)
– Nassau County Police Dept., transfers to less desirable posts constructive discharge, settlement with EEOC preliminarily approved (E.D.N.Y.), 207:A–7 (10/27/08)
– SEC, $2.7M settles disparate impact claims related to merit pay system, NTEU announces, 200:A–3 (10/16/08)
– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)

AGENCIES, FEDERAL

See specific agencies

AGENCIES, STATE

See specific states

AGENCY FEES

– First Amend., SEIU representational activities, Maine affiliate lawfully charged nonmembers for extra-unit litigation costs funded by expense pooling (U.S., oral arg), 194:AA–1 (10/7/08)
– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)

AGRICULTURE

– Agway, stock drop, DOL reaches $8.6M settlement to restore losses to 401(k) plan (N.D.N.Y.), 207:A–8 (10/27/08)
– FLSA, MSPA, farmworkers entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 197:A–14 (10/10/08)
– Syngenta Seeds, RICO, illegal hiring under INA, county fails to show property interest in health care, law enforcement expenditures, lacks standing to sue (U.S., rev den), 203:AA–2 (10/21/08)

AIDS AND HIV

– ADA, waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes (7th Cir.), 197:A–2 (10/10/08)

AIR LINE PILOTS (ALPA)

– ATA Airlines, WARN Act, bankrupt carrier settles claims over lack of shutdown notice, preferential hiring included, 195:A–8 (10/8/08)
– Atlas Air Worldwide Holdings, pilots to vote on switch from ALPA to IBT, 208:A–6 (10/28/08)
– ExpressJet Airlines, tentative pacts reached with 4 unions cut costs by $20M, 199:A–10 (10/15/08)
– Mesa Air Group, tentative accord attained, 195:A–10 (10/8/08)
– Sun Country pilots hit with 40 percent pay cut, 192:A–7 (10/3/08); carrier files for Chapter 11, unions comment, 194:A–12 (10/7/08)

AIR TRANSPORTATION

– ATA Airlines, WARN Act, bankrupt carrier settles claims over lack of shutdown notice, 195:A–8 (10/8/08)
– Atlas Air Worldwide Holdings, pilots to vote on switch from ALPA to IBT, 208:A–6 (10/28/08)
– Continental Airlines, FMLA, fired flight attendant lacked hours for eligibility, Ohio pregnancy bias claim rejected (U.S., rev den), 194:B–5 (10/7/08)
– Delta Air Lines

– – AFA charges of election interference under RLA lacked proof to trigger investigation, dismissed (NMB), 191:AA–1 (10/2/08); text, 191:E–6 (10/2/08)
– – Merger with Northwest Airlines completed following DOJ clearance, In Brief, 210:A–8 (10/30/08); merger draws union criticism, IAM, AFA officials weigh consequences, 211:A–8 (10/31/08)

– ExpressJet Airlines, tentative pacts reached with 4 unions cut costs by $20M, 199:A–10 (10/15/08)
– Frontier Airlines

– – FAPA pilots ratify extension of concessionary pact, 200:A–5 (10/16/08)
– – TWU, tentative long-term concessions pact attained, 193:A–14 (10/6/08)

– Mesa Air Group, ALPA reach tentative accord, 195:A–10 (10/8/08)
– Southwest, ADA, FMLA, flight instructor with sleep apnea not qualified, failed to show pretext, retaliation (5th Cir.), 207:A–3 (10/27/08)
– Sun Country Airlines

– – Carrier files for Chapter 11 after loss of financing, plans to keep flying, 194:A–12 (10/7/08)
– – Wage cut implemented, 40 percent across the board, 192:A–7 (10/3/08)

– TSA

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

ALPA

See AIR LINE PILOTS (ALPA)

AMERICAN BAR ASSOCIATION (ABA)

– Meetings

See CONFERENCES AND MEETINGS

AMERICANS WITH DISABILITIES ACT (ADA)

– Essential job functions, airline flight instructor with sleep apnea not qualified, failed to show pretext, retaliation (5th Cir.), 207:A–3 (10/27/08)
– Major life activities

– – Driving not MLA even in rural area, improper jury instruction triggers reversal, remand (10th Cir.), 201:A–1 (10/17/08)
– – Waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes (7th Cir.), 197:A–2 (10/10/08)

– Post-trial evidence of possible fraud on court by plaintiff's attorney triggers reversal of $1M jury award (6th Cir.), 204:A–2 (10/22/08)
– Punitive damages, reckless indifference standard properly applied, $100K award upheld over “reprehensible” failure to accommodate (U.S., rev den), 194:B–2 (10/7/08)
– Retaliation

– – Breast cancer survivor's firing claim advances, manager's remarks may prove pretext (S.D. Miss.), 205:A–1 (10/23/08)
– – Diabetic city employee fired for dishonesty failed to show pretext (3d Cir.), 195:A–3 (10/8/08)

– Wellness programs

– – GINA, ADA, HIPAA roles, attorneys address ALI-ABA conferees, 194:C–1 (10/7/08)
– – Incentives, legal, tax, regulatory consequences explored by attorney speaker, correction, 192:A–12 (10/3/08)

AMPTP

See MOTION PICTURE AND TELEVISION PRODUCERS (AMPTP)

ANA

See NURSES (ANA)

APPEALS

– ERISA, issue exhaustion not required, failure to raise all theories in administrative appeal no bar (9th Cir.), 190:A–1 (10/1/08)
– FECA, DOL issues final rules, In Brief, 205:A–10 (10/23/08)

APPRENTICES

– Mich., ERISA does not preempt state law ratio, equivalency rules, 1992 injunction lifted (6th Cir.), correction, 200:A–8 (10/16/08)
– National Apprenticeship Program, DOL finalizes updated rules to clarify, modernize system, overview, 209:A–11 (10/29/08)

ARBITRATION

– Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (9th Cir.), 205:AA–1 (10/23/08)
– NRC rule no bar to grievance over denial of site access, discharge based on psychological screening (N.D. Ill.), 195:A–2 (10/8/08)

ARIZONA

– Wages, farmworkers entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 197:A–14 (10/10/08)

ARMED SERVICES

– “Active duty” includes training, definition expanded for veterans rehiring preference, In Brief, 210:A–8 (10/30/08)

AUTO WORKERS (UAW)

– DTR Indus., ULPs, layoff threat coercive interference in UAW vote (6th Cir.), 204:A–6 (10/22/08)
– Foxwoods Resort Casino, owners, UAW agree to explore bargaining under tribal law for dealers pact, 198:A–10 (10/14/08)
– GM plant closures

See AUTOMOTIVE INDUSTRY

– Local 12, Chrysler will cut hourly jobs at Toledo assembly plant, 206:A–9 (10/24/08)
– Local 371, re-employment claims against DaimlerChrysler rejected, claimants failed to exhaust UAW administrative process (7th Cir.), 210:AA–1 (10/30/08); text, 210:E–1 (10/30/08)
– Locals 1183, 1212, Chrysler will cut hourly jobs at Newark assembly plant, 206:A–9 (10/24/08)
– Local 2488, Mitsubishi workers ratify 2-tier concessionary pact, 194:A–8 (10/7/08)

AUTOMOTIVE INDUSTRY

– AirTab, failure to read pact terms dooms fraud in the execution defense, employer liable for pension contributions (S.D. Ohio), 199:A–3 (10/15/08)
– Arvin-Meritor, court approves VEBA to fund health care for predecessor Rockwell Automation retirees (E.D. Mich.), 199:A–2 (10/15/08)
– Chrysler

– – Hourly job cuts announced for Ohio, Del. assembly plants, 206:A–9 (10/24/08)
– – White collar job cuts, 25 percent reduction announced for salaried, contract workforce, 207:A–1 (10/27/08)

– Daimler Trucks NA, plant closings, layoffs announced for Portland, Ore., Ontario, 203:A–5 (10/21/08)
– DaimlerChrysler, re-employment claims rejected, claimants failed to exhaust UAW administrative process (7th Cir.), 210:AA–1 (10/30/08); text, 210:E–1 (10/30/08)
– DTR Indus., ULPs, layoff threat coercive interference with UAW vote (6th Cir.), 204:A–6 (10/22/08)
– GM

– – Janesville, Wis., Grand Rapids, Mich. plant closures moved up, In Brief, 199:A–10 (10/15/08)
– – Moraine, Ohio plant closing moved up to Dec., 2008, In Brief, 194:A–13 (10/7/08); IUE-CWA, GM closing accord includes VEBA, 203:A–6 (10/21/08); ratified, 207:A–12 (10/27/08)

– Mitsubishi Motors NA, UAW members ratify 2-tier concessionary pact, 194:A–8 (10/7/08)
– New Process Gear, parts maker faces over $145K in OSHA fines for fire, other hazards, 204:A–4 (10/22/08)
– Tenneco, shrinking market triggers plant closures, job cuts, 211:A–6 (10/31/08)

AWARDS

– Exemplary Voluntary Efforts (EVE) awards, OFCCP recognizes business entities for EEO achievements, 201:A–7 (10/17/08)
– New Freedom Initiative Award, DOL recognizes eight winners for aiding workers with disabilities, 196:A–9 (10/9/08)